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12 USC 1701x : Assistance with respect to housing for low and moderateincome families
Text contains those laws in effect on December 2, 2015
From Title 12BANKS AND BANKING
CHAPTER 13NATIONAL HOUSING
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§1701x. Assistance with respect to housing for low and moderateincome
families
(a) Authorization to provide information, advice, and technical assistance; scope of assistance;
authorization of appropriations
(1) The Secretary is authorized to provide, or contract with public or private organizations to provide,
information, advice, and technical assistance, including but not limited to
(i) the assembly, correlation, publication, and dissemination of information with respect to the
construction, rehabilitation, and operation of low and moderateincome housing;
(ii) the provision of advice and technical assistance to public bodies or to nonprofit or cooperative
organizations with respect to the construction, rehabilitation, and operation of low and moderateincome
housing, including assistance with respect to selfhelp and mutual selfhelp programs;
(iii) counseling and advice to tenants and homeowners with respect to property maintenance, financial
management, and such other matters as may be appropriate to assist them in improving their housing
conditions and in meeting the responsibilities of tenancy or homeownership; and
(iv) the provision of technical assistance to communities, particularly smaller communities, to assist
such communities in planning, developing, and administering Community Development Programs pursuant
to title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.].
(2) The Secretary (A) shall provide the services described in clause (iii) of paragraph (1) for homeowners
assisted under section 235 of the National Housing Act [12 U.S.C. 1715z]; (B) shall, in consultation with the
Secretary of Agriculture, provide such services for borrowers who are firsttime homebuyers with guaranteed
loans under section 502(h) of the Housing Act of 1949 [42 U.S.C. 1472(h)]; and (C) may provide such
services for other owners of single family dwelling units insured under title II of the National Housing Act [12
U.S.C. 1707 et seq.] or guaranteed or insured under chapter 37 of title 38. For purposes of this paragraph and
clause (iii) of paragraph (1), the Secretary may provide the services described in such clause directly or may
enter into contracts with, make grants to, and provide other types of assistance to private or public
organizations with special competence and knowledge in counseling low and moderateincome families to
provide such services.
(3) There is authorized to be appropriated for the purposes of this subsection, without fiscal year limitation,
such sums as may be necessary; except that for such purposes there are authorized to be appropriated
$6,025,000 for fiscal year 1993 and $6,278,050 for fiscal year 1994. Of the amounts appropriated for each of
fiscal years 1993 and 1994, up to $500,000 shall be available for use for counseling and other activities in
connection with the demonstration program under section 152 of the Housing and Community Development
Act of 1992. Any amounts so appropriated shall remain available until expended.
(4) HOMEOWNERSHIP AND RENTAL COUNSELING ASSISTANCE.
(A) IN GENERAL.The Secretary shall make financial assistance available under this paragraph to HUD
approved housing counseling agencies and State housing finance agencies.
(B) QUALIFIED ENTITIES.The Secretary shall establish standards and guidelines for eligibility of organizations
(including governmental and nonprofit organizations) to receive assistance under this paragraph, in
accordance with subparagraph (D).
(C) DISTRIBUTION.Assistance made available under this paragraph shall be distributed in a manner that
encourages efficient and successful counseling programs and that ensures adequate distribution of
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amounts for rural areas having traditionally low levels of access to such counseling services, including
areas with insufficient access to the Internet. In distributing such assistance, the Secretary may give
priority consideration to entities serving areas with the highest home foreclosure rates.
(D) LIMITATION ON DISTRIBUTION OF ASSISTANCE.
(i) IN GENERAL.None of the amounts made available under this paragraph shall be distributed to
(I) any organization which has been convicted for a violation under Federal law relating to an election
for Federal office; or
(II) any organization which employs applicable individuals.
(ii) DEFINITION OF APPLICABLE INDIVIDUALS.In this subparagraph, the term "applicable individual" means an
individual who
(I) is
(aa) employed by the organization in a permanent or temporary capacity;
(bb) contracted or retained by the organization; or
(cc) acting on behalf of, or with the express or apparent authority of, the organization; and
(II) has been convicted for a violation under Federal law relating to an election for Federal office.
(E) GRANTMAKING PROCESS.In making assistance available under this paragraph, the Secretary shall
consider appropriate ways of streamlining and improving the processes for grant application, review,
approval, and award.
(F) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated $45,000,000 for each of fiscal
years 2009 through 2012 for
(i) the operations of the Office of Housing Counseling of the Department of Housing and Urban
Development;
(ii) the responsibilities of the Director of Housing Counseling under paragraphs (2) through (5) of
subsection (g); and
(iii) assistance pursuant to this paragraph for entities providing homeownership and rental counseling.
(b) Loans to nonprofit organizations or public housing agencies; purpose and terms; repayment;
authorization of appropriations; deposit of appropriations in Low and Moderate Income Sponsor
Fund
(1) The Secretary is authorized to make loans to nonprofit organizations or public housing agencies for the
necessary expenses, prior to construction, in planning, and obtaining financing for, the rehabilitation or
construction of housing for low or moderate income families under section 235 of the National Housing Act [12
U.S.C. 1715z] or any other federally assisted program. Such loans shall be made without interest and shall
not exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in obtaining
financing for, such housing prior to the availability of financing, including, but not limited to, preliminary
surveys and analyses of market needs, preliminary site engineering and architectural fees, site acquisition,
application and mortgage commitment fees, and construction loan fees and discounts. The Secretary shall
require repayment of loans made under this subsection, under such terms and conditions as he may require,
upon completion of the project or sooner, and may cancel any part or all of a loan if he determines that it
cannot be recovered from the proceeds of any permanent loan made to finance the rehabilitation or
construction of the housing.
(2) The Secretary shall determine prior to the making of any loan that the nonprofit organization or public
housing agency meets such requirements with respect to financial responsibility and stability as he may
prescribe.
(3) There are authorized to be appropriated for the purposes of this subsection not to exceed $7,500,000 for
the fiscal year ending June 30, 1969, and not to exceed $10,000,000 for the fiscal year ending June 30, 1970.
Any amounts so appropriated shall remain available until expended, and any amounts authorized for any
fiscal year under this paragraph but not appropriated may be appropriated for any succeeding fiscal year.
(4) All funds appropriated for the purposes of this subsection shall be deposited in a fund which shall be
known as the Low and Moderate Income Sponsor Fund, and which shall be available without fiscal year
limitation and be administered by the Secretary as a revolving fund for carrying out the purposes of this
subsection. Sums received in repayment of loans made under this subsection shall be deposited in such
fund.
(c) Grants for homeownership counseling organizations
(1) In general
The Secretary of Housing and Urban Development may make grants
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(A) to nonprofit organizations experienced in the provision of homeownership counseling to enable the
organizations to provide homeownership counseling to eligible homeowners; and
(B) to assist in the establishment of nonprofit homeownership counseling organizations.
(2) Program requirements
(A) Applications for grants under this subsection shall be submitted in the form, and in accordance with
the procedures, that the Secretary requires.
(B) The homeownership counseling organizations receiving assistance under this subsection shall use
the assistance only to provide homeownership counseling to eligible homeowners.
(C) The homeownership counseling provided by homeownership counseling organizations receiving
assistance under this subsection shall include counseling with respect to
(i) financial management;
(ii) available community resources, including public assistance programs, mortgage assistance
programs, home repair assistance programs, utility assistance programs, food programs, and social
services; and
(iii) employment training and placement.
(3) Availability of homeownership counseling
The Secretary shall take any action that is necessary
(A) to ensure the availability throughout the United States of homeownership counseling from
homeownership counseling organizations receiving assistance under this subsection, with priority to
areas that
(i) are experiencing high rates of home foreclosure and any other indicators of homeowner distress
determined by the Secretary to be appropriate;
(ii) are not already adequately served by homeownership counseling organizations; and
(iii) have a high incidence of mortgages involving principal obligations (including such initial service
charges, appraisal, inspection, and other fees as the Secretary shall approve) in excess of 97 percent
of the appraised value of the properties that are insured pursuant to section 203 of the National
Housing Act [12 U.S.C. 1709]; and
(B) to inform the public of the availability of the homeownership counseling.
(4) Eligibility for counseling
A homeowner shall be eligible for homeownership counseling under this subsection if
(A) the home loan is secured by property that is the principal residence (as defined by the Secretary) of
the homeowner;
(B) the home loan is not assisted under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.];
and
(C) the homeowner is, or is expected to be, unable to make payments, correct a home loan
delinquency within a reasonable time, or resume full home loan payments due to a reduction in the
income of the homeowner because of
(i) an involuntary loss of, or reduction in, the employment of the homeowner, the selfemployment of
the homeowner, or income from the pursuit of the occupation of the homeowner;
(ii) any similar loss or reduction experienced by any person who contributes to the income of the
homeowner;
(iii) a significant reduction in the income of the household due to divorce or death; or
(iv) a significant increase in basic expenses of the homeowner or an immediate family member of the
homeowner (including the spouse, child, or parent for whom the homeowner provides substantial care
or financial assistance) due to
(I) an unexpected or significant increase in medical expenses;
(II) a divorce;
(III) unexpected and significant damage to the property, the repair of which will not be covered by
private or public insurance; or
(IV) a large propertytax increase; or
(D) the Secretary of Housing and Urban Development determines that the annual income of the
homeowner is no greater than the annual income established by the Secretary as being of low or
moderateincome.
(5) Notification of availability of homeownership counseling
(A) Notification of availability of homeownership counseling
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(i) Requirement
Except as provided in subparagraph (C), the creditor of a loan (or proposed creditor) shall provide
notice under clause (ii) to (I) any eligible homeowner who fails to pay any amount by the date the
amount is due under a home loan, and (II) any applicant for a mortgage described in paragraph (4).
(ii) Content
Notification under this subparagraph shall
(I) notify the homeowner or mortgage applicant of the availability of any homeownership counseling
offered by the creditor (or proposed creditor);
(II) if provided to an eligible mortgage applicant, state that completion of a counseling program is
required for insurance pursuant to section 203 of the National Housing Act [12 U.S.C. 1709];
(III) notify the homeowner or mortgage applicant of the availability of homeownership counseling
provided by nonprofit organizations approved by the Secretary and experienced in the provision of
homeownership counseling, or provide the tollfree telephone number described in subparagraph (D)
(i);
(IV) notify the homeowner by a statement or notice, written in plain English by the Secretary of
Housing and Urban Development, in consultation with the Secretary of Defense and the Secretary of
the Treasury, explaining the mortgage and foreclosure rights of servicemembers, and the dependents
of such servicemembers, under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.)
[now 50 U.S.C. 3901 et seq.], including the tollfree military one source number to call if
servicemembers, or the dependents of such servicemembers, require further assistance; and
(V) notify the housing or mortgage applicant of the availability of mortgage software systems
provided pursuant to subsection (g)(3).
(B) Deadline for notification
The notification required in subparagraph (A) shall be made
(i) in a manner approved by the Secretary; and
(ii) before the expiration of the 45day period beginning on the date on which the failure referred to in
such subparagraph occurs.
(C) Notification
Notification under subparagraph (A) shall not be required with respect to any loan for which the eligible
homeowner pays the amount overdue before the expiration of the 45day period under subparagraph (B)
(ii).
(D) Administration and compliance
The Secretary shall, to the extent of amounts approved in appropriation Acts, enter into an agreement
with an appropriate private entity under which the entity will
(i) operate a tollfree telephone number through which any eligible homeowner can obtain a list of
nonprofit organizations, which shall be updated annually, that
(I) are approved by the Secretary and experienced in the provision of homeownership counseling;
and
(II) serve the area in which the residential property of the homeowner is located;
(ii) monitor the compliance of creditors with the requirements of subparagraphs (A) and (B); and
(iii) report to the Secretary not less than annually regarding the extent of compliance of creditors with
the requirements of subparagraphs (A) and (B).
(E) Report
The Secretary shall submit a report to the Congress not less than annually regarding the extent of
compliance of creditors with the requirements of subparagraphs (A) and (B) and the effectiveness of the
entity monitoring such compliance. The Secretary shall also include in the report any recommendations
for legislative action to increase the authority of the Secretary to penalize creditors who do not comply
with such requirements.
(6) Definitions
For purposes of this subsection:
(A) The term "creditor" means a person or entity that is servicing a home loan on behalf of itself or
another person or entity.
(B) The term "eligible homeowner" means a homeowner eligible for counseling under paragraph (4).
(C) The term "home loan" means a loan secured by a mortgage or lien on residential property.
(D) The term "homeowner" means a person who is obligated under a home loan.
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(E) The term "residential property" means a 1family residence, including a 1family unit in a
condominium project, a membership interest and occupancy agreement in a cooperative housing project,
and a manufactured home and the lot on which the home is situated.
(7) Regulations
The Secretary shall issue any regulations that are necessary to carry out this subsection.
(8) Authorization of appropriations
There are authorized to be appropriated to carry out this section $7,000,000 for fiscal year 1993 and
$7,294,000 for fiscal year 1994, of which amounts $1,000,000 shall be available in each such fiscal year to
carry out paragraph (5)(D). Any amount appropriated under this subsection shall remain available until
expended.
(d) Prepurchase and foreclosureprevention counseling demonstration
(1) Purposes
The purpose of this subsection is
(A) to reduce defaults and foreclosures on mortgage loans insured under the Federal Housing
Administration single family mortgage insurance program;
(B) to encourage responsible and prudent use of such federally insured home mortgages;
(C) to assist homeowners with such federally insured mortgages to retain the homes they have
purchased pursuant to such mortgages; and
(D) to encourage the availability and expansion of housing opportunities in connection with such
federally insured home mortgages.
(2) Authority
The Secretary of Housing and Urban Development shall carry out a program to demonstrate the
effectiveness of providing coordinated prepurchase counseling and foreclosureprevention counseling to
firsttime homebuyers and homeowners in avoiding defaults and foreclosures on mortgages insured under
the Federal Housing Administration single family home mortgage insurance program.
(3) Grants
Under the demonstration program under this subsection, the Secretary shall make grants to qualified
nonprofit organizations under paragraph (4) to enable the organizations to provide prepurchase counseling
services to eligible homebuyers and foreclosureprevention counseling services to eligible homeowners, in
counseling target areas.
(4) Qualified nonprofit organizations
The Secretary shall select nonprofit organizations to receive assistance under the demonstration program
under this subsection based on the experience and ability of the organizations in providing homeownership
counseling and their ability to provide communitybased prepurchase and foreclosureprevention counseling
under paragraphs (5) and (6) in a counseling target area. To be eligible for selection under this paragraph, a
nonprofit organization shall submit an application containing a proposal for providing counseling services in
the form and manner required by the Secretary.
(5) Prepurchase counseling
(A) Mandatory participation
Under the demonstration program, the Secretary shall require any eligible homebuyer who intends to
purchase a home located in a counseling target area and who has applied for (as determined by the
Secretary) a qualified mortgage (as such term is defined in paragraph (9)) on such home that involves a
downpayment of less than 10 percent of the principal obligation of the mortgage, to receive counseling
prior to signing of a contract to purchase the home. The counseling shall include counseling with respect
to
(i) financial management and the responsibilities involved in homeownership;
(ii) fair housing laws and requirements;
(iii) the maximum mortgage amount that the homebuyer can afford; and
(iv) options, programs, and actions available to the homebuyer in the event of actual or potential
delinquency or default.
(B) Eligibility for counseling
A homebuyer shall be eligible for prepurchase counseling under this paragraph if
(i) the homebuyer has applied for a qualified mortgage;
(ii) the homebuyer is a firsttime homebuyer; and
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(iii) the home to be purchased under the qualified mortgage is located in a counseling target area.
(6) Foreclosureprevention counseling
(A) Availability
Under the demonstration program, the Secretary shall make counseling available for eligible
homeowners who are 60 or more days delinquent with respect to a payment under a qualified mortgage
on a home located within a counseling target area. The counseling shall include counseling with respect
to options, programs, and actions available to the homeowner for resolving the delinquency or default.
(B) Notification of delinquency
Under the demonstration program, the Secretary shall require the creditor of any eligible homeowner
who is delinquent (as described in subparagraph (A)) to send written notice by registered or certified mail
within 5 days (excluding Saturdays, Sundays, and legal public holidays) after the occurrence of such
delinquency
(i) notifying the homeowner of the delinquency and the name, address, and phone number of the
counseling organization for the counseling target area; and
(ii) notifying any counseling organization for the counseling target area of the delinquency and the
name, address, and phone number of the delinquent homeowner.
(C) Coordination with emergency homeownership counseling program
The Secretary may coordinate the provision of assistance under subsection (c) with the demonstration
program under this subsection.
(D) Eligibility for counseling
A homeowner shall be eligible for foreclosureprevention counseling under this paragraph if
(i) the home owned by the homeowner is subject to a qualified mortgage; and
(ii) such home is located in a counseling target area.
(7) Scope of demonstration program
(A) Designation of counseling target areas
The Secretary shall designate 3 counseling target areas (as provided in subparagraph (B)), which shall
be located in not less than 2 separate metropolitan areas. The Secretary shall provide for counseling
under the demonstration program under this subsection with respect to only such counseling target areas.
(B) Counseling target areas
Each counseling target area shall consist of a group of contiguous census tracts
(i) the population of which is greater than 50,000;
(ii) which together constitute an identifiable neighborhood, area, borough, district, or region within a
metropolitan area (except that this clause may not be construed to exclude a group of census tracts
containing areas not wholly contained within a single town, city, or other political subdivision of a
State);
(iii) in which the average age of existing housing is greater than 20 years; and
(iv) for which (I) the percentage of qualified mortgages on homes within the area that are foreclosed
exceeds 5 percent for the calendar year preceding the year in which the area is selected as a
counseling target area, or (II) the number of qualified mortgages originated on homes in such area in
the calendar year preceding the calendar year in which the area is selected as a counseling target area
exceeds 20 percent of the total number of mortgages originated on residences in the area during such
year.
(C) Mortgage characteristics
In designating counseling target areas under subparagraph (A), the Secretary shall designate at least 1
such area that meets the requirements of subparagraph (B)(iv)(I) and at least 1 such area that meets the
requirements of subparagraph (B)(iv)(II).
(D) Expansion of target areas
The Secretary may expand any counseling target area during the term of the demonstration program, if
the Secretary determines that counseling can be adequately provided within such expanded area and the
purposes of this subsection will be furthered by such expansion. Any such expansion shall include only
groups of census tracts that are contiguous to the counseling target area expanded and such census
tract groups shall not be subject to the provisions of subparagraph (B).
(E) Designation of control areas
For purposes of determining the effectiveness of counseling under the demonstration program, the
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Secretary shall designate 3 control areas, each of which shall correspond to 1 of the counseling target
areas designated under subparagraph (A). Each control area shall be located in the metropolitan area in
which the corresponding counseling target area is located, shall meet the requirements of subparagraph
(B), and shall be similar to such area with respect to size, age of housing stock, median income, and
racial makeup of the population. Each control area shall also comply with the requirements of subclause
(I) or (II) of subparagraph (B)(iv), according to the subclause with which the corresponding counseling
target area complies.
(8) Evaluation
Each organization providing counseling under the demonstration program under this subsection shall
maintain records with respect to each eligible homebuyer and eligible homeowner counseled and shall
provide information with respect to such counseling as the Secretary or the Comptroller General may
require.
(9) Definitions
For purposes of this subsection:
(A) The term "control area" means an area designated by the Secretary under paragraph (7)(E).
(B) The term "counseling target area" means an area designated by the Secretary under paragraph (7)
(A).
(C) The term "creditor" means a person or entity that is servicing a loan secured by a qualified
mortgage on behalf of itself or another person or entity.
(D) The term "displaced homemaker" means an individual who
(i) is an adult;
(ii) has not worked fulltime, fullyear in the labor force for a number of years, but has during such
years, worked primarily without remuneration to care for the home and family; and
(iii) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading
employment.
(E) The term "downpayment" means the amount of purchase price of home required to be paid at or
before the time of purchase.
(F) The term "eligible homebuyer" means a homebuyer that meets the requirements under paragraph
(5)(B).
(G) The term "eligible homeowner" means a homeowner that meets the requirements under paragraph
(6)(D).
(H) The term "firsttime homebuyer" means an individual who
(i) (and whose spouse) has had no ownership in a principal residence during the 3year period ending
on the date of purchase of the home pursuant to which counseling is provided under this subsection;
(ii) is a displaced homemaker who, except for owning a residence with his or her spouse or residing
in a residence owned by the spouse, meets the requirements of clause (i); or
(iii) is a single parent who, except for owning a residence with his or her spouse or residing in a
residence owned by the spouse while married, meets the requirements of clause (i).
(I) The term "home" includes any dwelling or dwelling unit eligible for a qualified mortgage, and includes
a unit in a condominium project, a membership interest and occupancy agreement in a cooperative
housing project, and a manufactured home and the lot on which the home is situated.
(J) The term "metropolitan area" means a standard metropolitan statistical area as designated by the
Director of the Office of Management and Budget.
(K) The term "qualified mortgage" means a mortgage on a 1 to 4family home that is insured under title
II of the National Housing Act [12 U.S.C. 1707 et seq.].
(L) The term "Secretary" means the Secretary of Housing and Urban Development.
(M) The term "single parent" means an individual who
(i) is unmarried or legally separated from a spouse; and
(ii)(I) has 1 or more minor children for whom the individual has custody or joint custody; or
(II) is pregnant.
(10) Regulations
The Secretary may issue any regulations necessary to carry out this subsection.
(11) Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $365,000 for fiscal year 1993 and
$380,330 for fiscal year 1994.
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(12) Termination
The demonstration program under this subsection shall terminate at the end of fiscal year 1994.
(e) Certification
(1) Requirement for assistance
An organization may not receive assistance for counseling activities under subsection (a)(1)(iii), (a)(2), (a)
(4), (c), or (d) of this section, or under section 1701w of this title, unless the organization, or the individuals
through which the organization provides such counseling, has been certified by the Secretary under this
subsection as competent to provide such counseling.
(2) Standards and examination
The Secretary shall, by regulation, establish standards and procedures for testing and certifying
counselors and for certifying organizations. Such standards and procedures shall require, for certification of
an organization, that each individual through which the organization provides counseling shall demonstrate,
and, for certification of an individual, that the individual shall demonstrate, by written examination (as
provided under subsection (f)(4)), competence to provide counseling in each of the following areas:
(A) Financial management.
(B) Property maintenance.
(C) Responsibilities of homeownership and tenancy.
(D) Fair housing laws and requirements.
(E) Housing affordability.
(F) Avoidance of, and responses to, rental and mortgage delinquency and avoidance of eviction and
mortgage default.
(3) Requirement under HUD programs
Any homeownership counseling or rental housing counseling (as such terms are defined in subsection (g)
(1)) required under, or provided in connection with, any program administered by the Department of Housing
and Urban Development shall be provided only by organizations or counselors certified by the Secretary
under this subsection as competent to provide such counseling.
(4) Outreach
The Secretary shall take such actions as the Secretary considers appropriate to ensure that individuals
and organizations providing homeownership or rental housing counseling are aware of the certification
requirements and standards of this subsection and of the training and certification programs under
subsection (f).
(5) Encouragement
The Secretary shall encourage organizations engaged in providing homeownership and rental counseling
that do not receive assistance under this section to employ organizations and individuals to provide such
counseling who are certified under this subsection or meet the certification standards established under this
subsection.
(f) Homeownership and rental counselor training and certification programs
(1) Establishment
To the extent amounts are provided in appropriations Acts under paragraph (7), the Secretary shall
contract with an appropriate entity (which may be a nonprofit organization) to carry out a program under this
subsection to train individuals to provide homeownership and rental counseling and to administer the
examination under subsection (e)(2) and certify individuals under such subsection.
(2) Eligibility and selection
(A) Eligibility
To be eligible to provide the training and certification program under this subsection, an entity shall
have demonstrated experience in training homeownership and rental counselors.
(B) Selection
The Secretary shall provide for entities meeting the requirements of subparagraph (A) to submit
applications to provide the training and certification program under this subsection. The Secretary shall
select an application based on the ability of the entity to
(i) establish the program as soon as possible on a national basis, but not later than the date under
paragraph (6);
(ii) minimize the costs involved in establishing the program; and
(iii) effectively and efficiently carry out the program.
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(3) Training
The Secretary shall require that training of counselors under the program under this subsection be
designed and coordinated to prepare individuals for successful completion of the examination for
certification under subsection (e)(2). The Secretary, in consultation with the entity selected under paragraph
(2)(B), shall establish the curriculum and standards for training counselors under the program.
(4) Certification
The entity selected under paragraph (2)(B) shall administer the examination under subsection (e)(2) and,
on behalf of the Secretary, certify individuals successfully completing the examination. The Secretary, in
consultation with such entity, shall establish the content and format of the examination.
(5) Fees
Subject to the approval of the Secretary, the entity selected under paragraph (2)(B) may establish and
impose reasonable fees for participation in the training provided under the program and for examination and
certification under subsection (e)(2), in an amount sufficient to cover any costs of such activities not
covered with amounts provided under paragraph (7).
(6) Timing
The entity selected under paragraph (2)(B) to carry out the training and certification program shall
establish the program as soon as possible after such selection, and shall make training and certification
available under the program on a national basis not later than the expiration of the 1year period beginning
upon such selection.
(7) Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $2,000,000 for fiscal year 1993 and
$2,084,000 for 1994.
(g) Procedures and activities
(1) Counseling procedures
(A) In general
The Secretary shall establish, coordinate, and monitor the administration by the Department of Housing
and Urban Development of the counseling procedures for homeownership counseling and rental housing
counseling provided in connection with any program of the Department, including all requirements,
standards, and performance measures that relate to homeownership and rental housing counseling.
(B) Homeownership counseling
For purposes of this subsection and as used in the provisions referred to in this subparagraph, the term
"homeownership counseling" means counseling related to homeownership and residential mortgage
loans. Such term includes counseling related to homeownership and residential mortgage loans that is
provided pursuant to
(i) section 105(a)(20) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)
(20));
(ii) in the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.]
(I) section 9(e) (42 U.S.C. 1437g(e));
(II) section 8(y)(1)(D) (42 U.S.C. 1437f(y)(1)(D));
(III) section 18(a)(4)(D) (42 U.S.C. 1437p(a)(4)(D));
(IV) section 23(c)(4) (42 U.S.C. 1437u(c)(4));
(V) section 32(e)(4) (42 U.S.C. 1437z–4(e)(4));
(VI) section 33(d)(2)(B) (42 U.S.C. 1437z–5(d)(2)(B));
(VII) sections 302(b)(6) and 303(b)(7) (42 U.S.C. 1437aaa–1(b)(6), 1437aaa–2(b)(7)); and
(VIII) section 304(c)(4) (42 U.S.C. 1437aaa–3(c)(4));
(iii) section 302(a)(4) of the American Homeownership and Economic Opportunity Act of 2000 (42
U.S.C. 1437f note);
(iv) sections 12773(b)(2) and 12808(b) of title 42;
(v) this section and section 1701w of this title;
(vi) section 4110(d)(2)(G) of this title;
(vii) sections 12872(b)(6), 12873(b)(7), 12874(c)(4), 12892(b)(6), and 12893(b)(6) of title 42;
(viii) section 11408(b)(1)(F)(iii) 1 of title 42;
(ix) sections 202(3) 1 and 810(b)(2)(A) 1 of the Native American Housing and SelfDetermination Act
of 1996 (25 U.S.C. 4132(3), 4229(b)(2)(A));
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(x) in the National Housing Act [12 U.S.C. 1701 et seq.]
(I) in section 203 (12 U.S.C. 1709), the penultimate undesignated paragraph of paragraph (2) of
subsection (b), subsection (c)(2)(A), and subsection (r)(4);
(II) subsections (a) and (c)(3) of section 237; 1 and
(III) subsections (d)(2)(B) and (m)(1) of section 255 (12 U.S.C. 1715z–20);
(xi) section 502(h)(4)(B) of the Housing Act of 1949 (42 U.S.C. 1472(h)(4)(B));
(xii) section 1701z–7 of this title; and
(xiii) section 1701z–16 of this title.
(C) Rental housing counseling
For purposes of this subsection, the term "rental housing counseling" means counseling related to
rental of residential property, which may include counseling regarding future homeownership opportunities
and providing referrals for renters and prospective renters to entities providing counseling and shall
include counseling related to such topics that is provided pursuant to
(i) section 105(a)(20) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)
(20));
(ii) in the United States Housing Act of 1937
(I) section 9(e) (42 U.S.C. 1437g(e));
(II) section 18(a)(4)(D) (42 U.S.C. 1437p(a)(4)(D));
(III) section 23(c)(4) (42 U.S.C. 1437u(c)(4));
(IV) section 32(e)(4) (42 U.S.C. 1437z–4(e)(4));
(V) section 33(d)(2)(B) (42 U.S.C. 1437z–5(d)(2)(B)); and
(VI) section 302(b)(6) (42 U.S.C. 1437aaa–1(b)(6));
(iii) section 12773(b)(2) of title 42;
(iv) this section;
(v) section 12872(b)(6) of title 42;
(vi) section 11408(b)(1)(F)(iii) 1 of title 42;
(vii) sections 202(3) 1 and 810(b)(2)(A) 1 of the Native American Housing and SelfDetermination Act
of 1996 (25 U.S.C. 4132(3), 4229(b)(2)(A)); and
(viii) the rental assistance program under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f).
(2) Standards for materials
The Secretary, in consultation with the advisory committee established under subsection (g)(4) 1 of the
Department of Housing and Urban Development Act, shall establish standards for materials and forms to be
used, as appropriate, by organizations providing homeownership counseling services, including any
recipients of assistance pursuant to subsection (a)(4).
(3) Mortgage software systems
(A) Certification
The Secretary shall provide for the certification of various computer software programs for consumers
to use in evaluating different residential mortgage loan proposals. The Secretary shall require, for such
certification, that the mortgage software systems take into account
(i) the consumer's financial situation and the cost of maintaining a home, including insurance, taxes,
and utilities;
(ii) the amount of time the consumer expects to remain in the home or expected time to maturity of
the loan; and
(iii) such other factors as the Secretary considers appropriate to assist the consumer in evaluating
whether to pay points, to lock in an interest rate, to select an adjustable or fixed rate loan, to select a
conventional or governmentinsured or guaranteed loan and to make other choices during the loan
application process.
If the Secretary determines that available existing software is inadequate to assist consumers during the
residential mortgage loan application process, the Secretary shall arrange for the development by private
sector software companies of new mortgage software systems that meet the Secretary's specifications.
(B) Use and initial availability
Such certified computer software programs shall be used to supplement, not replace, housing
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counseling. The Secretary shall provide that such programs are initially used only in connection with the
assistance of housing counselors certified pursuant to subsection (e).
(C) Availability
After a period of initial availability under subparagraph (B) as the Secretary considers appropriate, the
Secretary shall take reasonable steps to make mortgage software systems certified pursuant to this
paragraph widely available through the Internet and at public locations, including public libraries, senior
citizen centers, public housing sites, offices of public housing agencies that administer rental housing
assistance vouchers, and housing counseling centers.
(D) Budget compliance
This paragraph shall be effective only to the extent that amounts to carry out this paragraph are made
available in advance in appropriations Acts.
(4) National public service multimedia campaigns to promote housing counseling
(A) In general
The Director of Housing Counseling shall develop, implement, and conduct national public service
multimedia campaigns designed to make persons facing mortgage foreclosure, persons considering a
subprime mortgage loan to purchase a home, elderly persons, persons who face language barriers, low
income persons, minorities, and other potentially vulnerable consumers aware that it is advisable, before
seeking or maintaining a residential mortgage loan, to obtain homeownership counseling from an
unbiased and reliable sources 2 and that such homeownership counseling is available, including through
programs sponsored by the Secretary of Housing and Urban Development.
(B) Contact information
Each segment of the multimedia campaign under subparagraph (A) shall publicize the tollfree
telephone number and website of the Department of Housing and Urban Development through which
persons seeking housing counseling can locate a housing counseling agency in their State that is
certified by the Secretary of Housing and Urban Development and can provide advice on buying a home,
renting, defaults, foreclosures, credit issues, and reverse mortgages.
(C) Authorization of appropriations
There are authorized to be appropriated to the Secretary, not to exceed $3,000,000 for fiscal years
2009, 2010, and 2011, for the development, implementation, and conduct of national public service
multimedia campaigns under this paragraph.
(D) Foreclosure rescue education programs
(i) In general
Ten percent of any funds appropriated pursuant to the authorization under subparagraph (C) shall be
used by the Director of Housing Counseling to conduct an education program in areas that have a high
density of foreclosure. Such program shall involve direct mailings to persons living in such areas
describing
(I) tips on avoiding foreclosure rescue scams;
(II) tips on avoiding predatory lending mortgage agreements;
(III) tips on avoiding forprofit foreclosure counseling services; and
(IV) local counseling resources that are approved by the Department of Housing and Urban
Development.
(ii) Program emphasis
In conducting the education program described under clause (i), the Director of Housing Counseling
shall also place an emphasis on serving communities that have a high percentage of retirement
communities or a high percentage of lowincome minority communities.
(iii) Terms defined
For purposes of this subparagraph:
(I) High density of foreclosures
An area has a "high density of foreclosures" if such area is one of the metropolitan statistical
areas (as that term is defined by the Director of the Office of Management and Budget) with the
highest home foreclosure rates.
(II) High percentage of retirement communities
An area has a "high percentage of retirement communities" if such area is one of the metropolitan
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statistical areas (as that term is defined by the Director of the Office of Management and Budget)
with the highest percentage of residents aged 65 or older.
(III) High percentage of lowincome minority communities
An area has a "high percentage of lowincome minority communities" if such area contains a
higherthannormal percentage of residents who are both minorities and lowincome, as defined by
the Director of Housing Counseling.
(5) Education programs
The Secretary shall provide advice and technical assistance to States, units of general local government,
and nonprofit organizations regarding the establishment and operation of, including assistance with the
development of content and materials for, educational programs to inform and educate consumers,
particularly those most vulnerable with respect to residential mortgage loans (such as elderly persons,
persons facing language barriers, lowincome persons, minorities, and other potentially vulnerable
consumers), regarding home mortgages, mortgage refinancing, home equity loans, home repair loans, and
where appropriate by region, any requirements and costs associated with obtaining flood or other disaster
specific insurance coverage.
(h) Definitions
For purposes of this section:
(1) Nonprofit organization
The term "nonprofit organization" has the meaning given such term in section 12704(5) of title 42, except
that subparagraph (D) of such section shall not apply for purposes of this section.
(2) State
The term "State" means each of the several States, the Commonwealth of Puerto Rico, the District of
Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa,
the Trust Territories of the Pacific, or any other possession of the United States.
(3) Unit of general local government
The term "unit of general local government" means any city, county, parish, town, township, borough,
village, or other general purpose political subdivision of a State.
(4) HUDapproved counseling agency
The term "HUDapproved counseling agency" means a private or public nonprofit organization that is
(A) exempt from taxation under section 501(c) of title 26; and
(B) certified by the Secretary to provide housing counseling services.
(5) State housing finance agency
The term "State housing finance agency" means any public body, agency, or instrumentality specifically
created under State statute that is authorised to finance activities designed to provide housing and related
facilities throughout an entire State through land acquisition, construction, or rehabilitation.
(i) Accountability for recipients of covered assistance
(1) Tracking of funds
The Secretary shall
(A) develop and maintain a system to ensure that any organization or entity that receives any covered
assistance uses all amounts of covered assistance in accordance with this section, the regulations
issued under this section, and any requirements or conditions under which such amounts were provided;
and
(B) require any organization or entity, as a condition of receipt of any covered assistance, to agree to
comply with such requirements regarding covered assistance as the Secretary shall establish, which
shall include
(i) appropriate periodic financial and grant activity reporting, record retention, and audit requirements
for the duration of the covered assistance to the organization or entity to ensure compliance with the
limitations and requirements of this section, the regulations under this section, and any requirements or
conditions under which such amounts were provided; and
(ii) any other requirements that the Secretary determines are necessary to ensure appropriate
administration and compliance.
(2) Misuse of funds
If any organization or entity that receives any covered assistance is determined by the Secretary to have
used any covered assistance in a manner that is materially in violation of this section, the regulations
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issued under this section, or any requirements or conditions under which such assistance was provided
(A) the Secretary shall require that, within 12 months after the determination of such misuse, the
organization or entity shall reimburse the Secretary for such misused amounts and return to the
Secretary any such amounts that remain unused or uncommitted for use; and
(B) such organization or entity shall be ineligible, at any time after such determination, to apply for or
receive any further covered assistance.
The remedies under this paragraph are in addition to any other remedies that may be available under law.
(3) Covered assistance
For purposes of this subsection, the term "covered assistance" means any grant or other financial
assistance provided under this section.
( Pub. L. 90–448, title I, §106, Aug. 1, 1968, 82 Stat. 490 ; Pub. L. 91–609, title IX, §903(a), (b), Dec. 31,
1970, 84 Stat. 1808 ; Pub. L. 93–383, title VIII, §811, Aug. 22, 1974, 88 Stat. 735 ; Pub. L. 95–128, title IX,
§903, Oct. 12, 1977, 91 Stat. 1149 ; Pub. L. 97–35, title III, §339A, Aug. 13, 1981, 95 Stat. 417 ; Pub. L. 98–
181, title I [title IV, §465], Nov. 30, 1983, 97 Stat. 1236 ; Pub. L. 98–479, title II, §204(f), Oct. 17, 1984, 98
Stat. 2233 ; Pub. L. 100–242, title I, §169, Feb. 5, 1988, 101 Stat. 1865 ; Pub. L. 100–628, title X, §1009,
Nov. 7, 1988, 102 Stat. 3266 ; Pub. L. 101–137, §8, Nov. 3, 1989, 103 Stat. 826 ; Pub. L. 101–625, title V,
§577, title VII, §706(c), Nov. 28, 1990, 104 Stat. 4238 , 4286; Pub. L. 102–550, title I, §162(a)–(d), Oct. 28,
1992, 106 Stat. 3719–3721 ; Pub. L. 104–316, title I, §106(a), Oct. 19, 1996, 110 Stat. 3830 ; Pub. L. 105–
276, title V, §594(a), (b), Oct. 21, 1998, 112 Stat. 2655 ; Pub. L. 107–73, title II, §205, Nov. 26, 2001, 115
Stat. 674 ; Pub. L. 109–163, div. A, title VI, §688(a), Jan. 6, 2006, 119 Stat. 3336 ; Pub. L. 110–289, div. B,
title I, §2127, July 30, 2008, 122 Stat. 2841 ; Pub. L. 111–203, title XIV, §§1443–1445, 1448, 1449, July 21,
2010, 124 Stat. 2165–2171 , 2173, 2174.)
REFERENCES IN TEXT
The Housing and Community Development Act of 1974, referred to in subsec. (a)(1)(iv), is Pub. L.
93–383, Aug. 22, 1974, 88 Stat. 633 , as amended. Title I of the Housing and Community
Development Act of 1974 is classified principally to chapter 69 (§5301 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 5301 of Title 42 and Tables.
The National Housing Act, referred to in subsecs. (a)(2), (d)(9)(K), and (g)(1)(B)(x), is act June
27, 1934, ch. 847, 48 Stat. 1246 , as amended. Title II of the Act is classified generally to subchapter
II (§1707 et seq.) of this chapter. Section 237 of the Act, which was formerly classified to section
1715z–2 of this title, was repealed by Pub. L. 110–289, div. B, title I, §2120(a)(6), July 30, 2008, 122
Stat. 2835 . For complete classification of this Act to the Code, see section 1701 of this title and
Tables.
Section 152 of the Housing and Community Development Act of 1992, referred to in subsec. (a)
(3), is section 152 of Pub. L. 102–550, which was set out as a note under section 1437f of Title 42, The
Public Health and Welfare, prior to repeal by Pub. L. 105–276, title V, §550(f), Oct. 21, 1998, 112 Stat.
2610 .
The Housing Act of 1949, referred to in subsec. (c)(4)(B), is act July 15, 1949, ch. 338, 63 Stat.
413 , as amended. Title V of the Housing Act of 1949 is classified generally to subchapter III (§1471
et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 1441 of Title 42, The Public Health and
Welfare, and Tables.
The Servicemembers Civil Relief Act, referred to in subsec. (c)(5)(A)(ii)(IV), is act Oct. 17, 1940,
ch. 888, 54 Stat. 1178 , which was classified to section 501 et seq. of the former Appendix to Title 50,
War and National Defense, prior to editorial reclassification and renumbering as chapter 50 (§3901 et
seq.) of Title 50. For complete classification of this Act to the Code, see Tables.
The United States Housing Act of 1937, referred to in subsec. (g)(1)(B)(ii), (C)(ii), is act Sept. 1,
1937, ch. 896, as revised generally by Pub. L. 93–383, title II, §201(a), Aug. 22, 1974, 88 Stat. 653 ,
which is classified generally to chapter 8 (§1437 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title
42 and Tables.
Section 302(a)(4) of the American Homeownership and Economic Opportunity Act of 2000,
referred to in subsec. (g)(1)(B)(iii), is section 302(a)(4) of Pub. L. 106–569, title III, Dec. 27, 2000, 114
Stat. 2953 , which was formerly set out as a note under section 1437f of Title 42, The Public Health
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and Welfare.
Section 11408(b)(1)(F)(iii) of this title, referred to in subsec. (g)(1)(B)(viii), (C)(vi), was redesignated
section 11408(b)(1)(J)(iii) of this title by Pub. L. 111–22, div. B., title IV, §1401(2)(C)(i), May 20, 2009,
123 Stat. 1697 .
Sections 202(3) and 810(b)(2)(A) of the Native American Housing and SelfDetermination Act of
1996, referred to in subsec. (g)(1)(B)(ix), (C)(vii), probably means sections 202(3) and 810(b)(2)(A)
of Pub. L. 104–330, known as the Native American Housing Assistance and SelfDetermination Act of
1996, which are classified to sections 4132(3) and 4229(b)(2)(A), respectively, of Title 25, Indians.
Subsection (g)(4) of the Department of Housing and Urban Development Act, referred to in
subsec. (g)(2), probably means section 4(g)(4) of Pub. L. 89–174, known as the Department of
Housing and Urban Development Act, which is classified to section 3533(g)(4) of Title 42, The Public
Health and Welfare.
CODIFICATION
Section was enacted as part of the Housing and Urban Development Act of 1968, and not as part
of the National Housing Act which comprises this chapter.
AMENDMENTS
2010Subsec. (a)(4). Pub. L. 111–203, §1444, added par. (4).
Subsec. (c)(5)(A)(ii)(V). Pub. L. 111–203, §1443(b), added subcl. (V).
Subsec. (e)(1). Pub. L. 111–203, §1445(1), added par. (1) and struck out former subpar. (1). Prior
to amendment, text read as follows: "An organization may not receive assistance for counseling
activities under subsection (a)(1)(iii), (a)(2), (c), or (d) of this section, unless the organization
provides such counseling, to the extent practicable, by individuals who have been certified by the
Secretary under this subsection as competent to provide such counseling."
Subsec. (e)(2). Pub. L. 111–203, §1445(2), in introductory provisions, inserted "and for certifying
organizations" before period at end of first sentence and substituted ", for certification of an
organization, that each individual through which the organization provides counseling shall
demonstrate, and, for certification of an individual," for "for certification".
Subsec. (e)(3). Pub. L. 111–203, §1445(5), added par. (3). Former par. (3) redesignated (5).
Pub. L. 111–203, §1445(3), inserted "organizations and" before "individuals".
Subsec. (e)(4), (5). Pub. L. 111–203, §1445(4), (5), added par. (4) and redesignated former par.
(3) as (5).
Subsec. (g). Pub. L. 111–203, §1443(a), added subsec. (g).
Subsec. (h). Pub. L. 111–203, §1448, added subsec. (h).
Subsec. (i). Pub. L. 111–203, §1449, added subsec. (i).
2008Subsec. (c)(4). Pub. L. 110–289, §2127(2), struck out concluding provisions which read as
follows: "An applicant for a mortgage shall be eligible for homeownership counseling under this
subsection if the applicant is a firsttime homebuyer who meets the requirements of section 12852(b)
(1) of title 42 and the mortgage involves a principal obligation (including such initial service charges,
appraisal, inspection, and other fees as the Secretary shall approve) in excess of 97 percent of the
appraised value of the property and is to be insured pursuant to section 203 of the National Housing
Act."
Subsec. (c)(4)(C)(iii), (iv). Pub. L. 110–289, §2127(1), added cls. (iii) and (iv).
Subsec. (c)(4)(D). Pub. L. 110–289, §2127(3), added subpar. (D).
2006Subsec. (c)(5)(A)(ii)(IV). Pub. L. 109–163 added subcl. (IV).
2001Subsec. (c)(9). Pub. L. 107–73 struck out heading and text of par. (9). Text read as follows:
"The provisions of this subsection shall not be effective after September 30, 2000."
1998Subsec. (c)(5)(C). Pub. L. 105–276, §594(b), amended heading and text of subpar. (C)
generally. Prior to amendment, text read as follows: "Notification under subparagraph (A) shall not
be required with respect to any loan
"(i) insured or guaranteed under chapter 37 of title 38; or
"(ii) for which the eligible homeowner pays the amount overdue before the expiration of the
45day period under subparagraph (B)(ii)."
Subsec. (c)(9). Pub. L. 105–276, §594(a), substituted "2000" for "1994".
1996Subsec. (d)(5)(A). Pub. L. 104–316, §106(a)(2), substituted "(9)" for "(10)(K)" in introductory
provisions.
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Subsec. (d)(8). Pub. L. 104–316, §106(a)(3), struck out "(for purposes of the study and report
under paragraph (9))" before "may require".
Subsec. (d)(9) to (13). Pub. L. 104–316, §106(a)(1), (4), redesignated pars. (10) to (13) as (9) to
(12), respectively, and struck out former par. (9) which related to GAO study and report on
demonstration program.
1992Subsec. (a)(3). Pub. L. 102–550, §162(a), substituted "except that for such purposes there are
authorized to be appropriated $6,025,000 for fiscal year 1993 and $6,278,050 for fiscal year 1994.
Of the amounts appropriated for each of fiscal years 1993 and 1994, up to $500,000 shall be
available for use for counseling and other activities in connection with the demonstration program
under section 152 of the Housing and Community Development Act of 1992." for "except that for
such purposes there are authorized to be appropriated $3,600,000 for fiscal year 1991 and
$3,700,000 for fiscal year 1992."
Subsec. (c)(3)(A)(iii). Pub. L. 102–550, §162(b)(3), added cl. (iii).
Subsec. (c)(4). Pub. L. 102–550, §162(b)(4), inserted flush sentence at end.
Subsec. (c)(5)(A). Pub. L. 102–550, §162(b)(5), added subpar. (A) and struck out former subpar.
(A) which read as follows: "(A) IN GENERAL.Except as provided in subparagraph (C), if any eligible
homeowner fails to pay any amount by the date the amount is due under a home loan, the creditor
of the loan shall notify the homeowner of the availability of any homeownership counseling offered
by the creditor and, as a supplement to counseling provided by the creditor, shall notify the
homeowner of 1 of the following:
"(i) The availability of homeownership counseling provided by nonprofit organizations
approved by the Secretary and experienced in the provision of homeownership counseling.
"(ii) The tollfree telephone number described in subparagraph (D)(i)."
Subsec. (c)(5)(D)(i). Pub. L. 102–550, §162(b)(6), inserted ", which shall be updated annually,"
after "organizations".
Subsec. (c)(8). Pub. L. 102–550, §162(b)(1), amended first sentence generally. Prior to
amendment, first sentence read as follows: "There is authorized to be appropriated to carry out this
section $6,700,000 for fiscal year 1991 and $7,000,000 for fiscal year 1992, of which amounts
$2,000,000 shall be available in each such fiscal year to carry out paragraph (5)(D)."
Subsec. (c)(9). Pub. L. 102–550, §162(b)(2), substituted "1994" for "1992".
Subsec. (d)(12). Pub. L. 102–550, §162(c), amended par. (12) generally. Prior to amendment, par.
(12) read as follows: "There are authorized to be appropriated to carry out this subsection $350,000
for fiscal year 1991 and $365,000 for fiscal year 1992."
Subsecs. (e), (f). Pub. L. 102–550, §162(d), added subsecs. (e) and (f).
1990Subsec. (a)(2)(A) to (C). Pub. L. 101–625, §706(c), designated portions of existing text as cls.
(A) and (C), and added cl. (B).
Subsec. (a)(3). Pub. L. 101–625, §577(a), substituted provisions authorizing appropriations of
$3,600,000 for fiscal year 1991 and $3,700,000 for fiscal year 1992, for provisions authorizing
appropriations of $3,500,000 for each of the fiscal years 1988 and 1989.
Subsec. (c)(5). Pub. L. 101–625, §577(b)(3), amended par. (5) generally. Prior to amendment, par.
(5) read as follows: "The creditor of a delinquent home loan shall notify an eligible homeowner of the
availability of any homeownership counseling offered by the creditor. As a supplement to the
counseling provided by the creditor, the creditor shall notify the homeowner of the availability of 1 of
the following:
"(A) Homeownership counseling provided by nonprofit organizations approved by the
Secretary and experienced in the provision of homeownership counseling.
"(B) A list of the nonprofit organizations, approved by the Secretary and experienced in the
provision of homeownership counseling, that can be obtained by calling a tollfree telephone
number at the Department of Housing and Urban Development.
"(C) Homeownership counseling provided by the Administrator of Veterans' Affairs for loans
insured or guaranteed under chapter 37 of title 38."
Subsec. (c)(8). Pub. L. 101–625, §577(b)(1), amended first sentence generally. Prior to
amendment, first sentence read as follows: "There are authorized to be appropriated to carry out
this subsection $3,500,000 for each of the fiscal years 1988 and 1989."
Subsec. (c)(9). Pub. L. 101–625, §577(b)(2), substituted "September 30, 1992" for "September 30,
1990".
Subsec. (d). Pub. L. 101–625, §577(c), added subsec. (d).
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1989Subsec. (c)(9). Pub. L. 101–137 substituted "September 30, 1990" for "September 30, 1989".
1988Subsec. (a)(2). Pub. L. 100–628 inserted before period at end of first sentence "or guaranteed
or insured under chapter 37 of title 38".
Subsec. (a)(3). Pub. L. 100–242, §169(a), substituted "except that for each of the fiscal years 1988
and 1989 there are authorized to be appropriated $3,500,000 for such purposes" for "except that for
the fiscal year 1984, there are authorized to be appropriated not to exceed $3,500,000 for such
purposes".
Subsec. (c). Pub. L. 100–242, §169(b), added subsec. (c).
1984Subsec. (b)(1). Pub. L. 98–479 substituted "architectural" for "architechtual".
1983Subsec. (a)(3). Pub. L. 98–181 substituted "1984" for "1982", and "$3,500,000" for
"$4,000,000".
1981Subsec. (a)(3). Pub. L. 97–35 inserted provisions authorizing appropriations for fiscal year
1982.
1977Subsec. (a)(2). Pub. L. 95–128 authorized the Secretary to provide the services for other
owners of single family dwelling units insured under subchapter II of this chapter.
1974Subsec. (a)(1). Pub. L. 93–383, §811(b)(1), (c), in cl. (iii) substituted provisions authorizing
counseling and advice to tenants and homeowners with respect to property maintenance, etc., for
provisions authorizing counseling on household management, selfhelp, etc., for families receiving
assistance under this chapter or the United States Housing Act of 1937, and added cl. (iv).
Subsec. (a)(2). Pub. L. 93–383, §811(b)(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 93–383, §811(b)(2), (d), redesignated former par. (2) as (3) and substituted
"such sums as may be necessary" for "not to exceed $5,000,000".
Subsec. (b)(1), (2). Pub. L. 93–383, §811(e), (f), inserted reference to public housing agencies.
1970Subsec. (a). Pub. L. 91–609, §903(a), designated existing provisions as par. (1), inserted
provision respecting specific authorities without limitation to such authorities, redesignated former
par. (1) as cl. (i), struck out introductory text relating to assistance with respect to construction,
rehabilitation, and operation by nonprofit organizations of housing for low or moderate income
families now incorporated in cl. (i), redesignated former par. (2) as cl. (ii), inserting therein provision
for assistance to public bodies or to nonprofit or cooperative organizations, including assistance with
respect to selfhelp and mutual selfhelp programs, and added cl. (iii) and par. (2).
Subsec. (b)(1). Pub. L. 91–609, §903(b), substituted "section 1715z of this title or any other federally
assisted program" for "any federally assisted program" in first sentence.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that
amendment take effect, or on the date that is 18 months after the designated transfer date if such
regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a
note under section 1601 of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–163, div. A, title VI, §688(d), Jan. 6, 2006, 119 Stat. 3337 , provided that: "The
amendments made under subsection (a) [amending this section] shall take effect 150 days after the
date of the enactment of this Act [Jan. 6, 2006]."
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–276, title V, §594(c), Oct. 21, 1998, 112 Stat. 2656 , provided that: "The amendments
made by this section [amending this section] are made on, and shall apply beginning upon, the date
of the enactment of this Act [Oct. 21, 1998]."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an
Effective Date note under section 3701 of this title.
REGULATIONS
Pub. L. 102–550, title I, §162(e), Oct. 28, 1992, 106 Stat. 3722 , provided that: "The Secretary of
Housing and Urban Development shall issue any regulations necessary to carry out the
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amendments made by subsection (d) [amending this section], not later than the expiration of the 6
month period beginning on the date of the enactment of this Act [Oct. 28, 1992]."
CONSTRUCTION OF AMENDMENTS BY PUB. L. 109–163
Pub. L. 109–163, div. A, title VI, §688(b), Jan. 6, 2006, 119 Stat. 3337 , provided that: "Nothing in
this section [amending this section and enacting provisions set out as notes under this section] shall
relieve any person of any obligation imposed by any other Federal, State, or local law."
FINANCIAL EDUCATION AND COUNSELING
Pub. L. 110–289, div. A, title I, §1132, July 30, 2008, 122 Stat. 2727 , as amended by Pub. L. 111–
203, title X, §1072(a), July 21, 2010, 124 Stat. 2059 , provided that:
"(a) GOALS.Financial education and counseling under this section shall have the goal of
"(1) increasing the financial knowledge and decision making capabilities of prospective
homebuyers or economically vulnerable individuals and families;
"(2) assisting prospective homebuyers or economically vulnerable individuals and families to
develop monthly budgets, build personal savings, finance or plan for major purchases, reduce
their debt, improve their financial stability, and set and reach their financial goals;
"(3) helping prospective homebuyers or economically vulnerable individuals and families to
improve their credit scores by understanding the relationship between their credit histories and
their credit scores; and
"(4) educating prospective homebuyers or economically vulnerable individuals and families
about the options available to build savings for short and longterm goals.
"(b) GRANTS.
"(1) IN GENERAL.The Secretary of the Treasury (in this section referred to as the 'Secretary')
shall make grants to eligible organizations to enable such organizations to provide a range of
financial education and counseling services to prospective homebuyers or economically
vulnerable individuals and families.
"(2) SELECTION.The Secretary shall select eligible organizations to receive assistance under
this section based on their experience and ability to provide financial education and counseling
services that result in documented positive behavioral changes.
"(c) ELIGIBLE ORGANIZATIONS.
"(1) IN GENERAL.For purposes of this section, the term 'eligible organization' means an
organization that is
"(A) certified in accordance with section 106(e)(1) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x(e)[1]);
"(B) certified by the Office of Financial Education of the Department of the Treasury for
purposes of this section, in accordance with paragraph (2); or
"(C) a nonprofit corporation that
"(i) is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of
1986 [26 U.S.C. 501(c)(3)]; and
"(ii) specializes or has expertise in working with economically vulnerable individuals
and families, but whose primary purpose is not provision of credit counseling services.
"(2) OFE CERTIFICATION.To be certified by the Office of Financial Education for purposes of this
section, an eligible organization shall be
"(A) a housing counseling agency certified by the Secretary of Housing and Urban
Development under section 106(e) of the Housing and Urban Development Act of 1968 [12
U.S.C. 1701x(e)];
"(B) a State, local, or tribal government agency;
"(C) a community development financial institution (as defined in section 103(5) of the
Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5)) or a
credit union; or
"(D) any collaborative effort of entities described in any of subparagraphs (A) through
(C).
"(d) AUTHORITY FOR PILOT PROJECTS.
"(1) IN GENERAL.The Secretary of the Treasury shall authorize pilot project grants to eligible
organizations under subsection (c) in order to
"(A) carry out the services under this section; and
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"(B) provide such other services that will improve the financial stability and economic
condition of low and moderateincome and lowwealth individuals.
"(2) GOAL.The goal of the pilot project grants under this subsection is to
"(A) identify successful methods resulting in positive behavioral change for financial
empowerment; and
"(B) establish program models for organizations to carry out effective counseling
services.
"(e) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated to the Secretary such
sums as are necessary to carry out this section and for the provision of additional financial
educational services.
"(f) STUDY AND REPORT ON EFFECTIVENESS AND IMPACT.
"(1) IN GENERAL.The Comptroller General of the United States shall conduct a study on the
effectiveness and impact of the grant program established under this section. Not later than 3
years after the date of enactment of this Act [July 30, 2008], the Comptroller General shall submit
a report on the results of such study to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of Representatives.
"(2) CONTENT OF STUDY.The study required under paragraph (1) shall include an evaluation of the
following:
"(A) The effectiveness of the grant program established under this section in improving
the financial situation of homeowners and prospective homebuyers served by the grant
program.
"(B) The extent to which financial education and counseling services have resulted in
positive behavioral changes.
"(C) The effectiveness and quality of the eligible organizations providing financial
education and counseling services under the grant program.
"(g) REGULATIONS.The Secretary is authorized to promulgate such regulations as may be necessary
to implement and administer the grant program authorized by this section."
[ Pub. L. 111–203, title X, §1072(b), July 21, 2010, 124 Stat. 2060 , provided that: "Amendments
made by subsection (a) [amending section 1132 of Pub. L. 110–289, set out above] shall not apply to
programs authorized by section 1132 of the Housing and Economic Recovery Act of 2008 [Pub. L.
110–289] (12 U.S.C. 1701x note) that are funded with appropriations prior to fiscal year 2011."]
PREPURCHASE HOMEOWNERSHIP COUNSELING DEMONSTRATION
Pub. L. 110–289, div. B, title I, §2128, July 30, 2008, 122 Stat. 2841 , provided that:
"(a) ESTABLISHMENT OF PROGRAM.For the period beginning on the date of enactment of this title [July
30, 2008] and ending on the date that is 3 years after such date of enactment, the Secretary of
Housing and Urban Development shall establish and conduct a demonstration program to test the
effectiveness of alternative forms of prepurchase homeownership counseling for eligible
homebuyers.
"(b) FORMS OF COUNSELING.The Secretary of Housing and Urban Development shall provide to
eligible homebuyers prepurchase homeownership counseling under this section in the form of
"(1) telephone counseling;
"(2) individualized inperson counseling;
"(3) webbased counseling;
"(4) counseling classes; or
"(5) any other form or type of counseling that the Secretary may, in his discretion, determine
appropriate.
"(c) SIZE OF PROGRAM.The Secretary shall make available the prepurchase homeownership
counseling described in subsection (b) to not more than 3,000 eligible homebuyers in any given
year.
"(d) INCENTIVE TO PARTICIPATE.The Secretary of Housing and Urban Development may provide
incentives to eligible homebuyers to participate in the demonstration program established under
subsection (a). Such incentives may include the reduction of any insurance premium charges owed
by the eligible homebuyer to the Secretary.
"(e) ELIGIBLE HOMEBUYER DEFINED.For purposes of this section an 'eligible homebuyer' means a first
time homebuyer who has been approved for a home loan with a loantovalue ratio between 97
percent and 98.5 percent.
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"(f) REPORT TO CONGRESS.The Secretary of Housing and Urban Development shall report to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representative[sic]
"(1) on an annual basis, on the progress and results of the demonstration program
established under subsection (a); and
"(2) for the period beginning on the date of enactment of this title [July 30, 2008] and ending
on the date that is 5 years after such date of enactment, on the payment history and delinquency
rates of eligible homebuyers who participated in the demonstration program."
DISCLOSURE FORM
Pub. L. 109–163, div. A, title VI, §688(c), Jan. 6, 2006, 119 Stat. 3337 , provided that: "Not later than
150 days after the date of the enactment of this Act [Jan. 6, 2006], the Secretary of Housing and
Urban Development shall issue a final disclosure form to fulfill the requirement of subclause (IV) of
section 106(c)(5)(A)(ii) of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701x(c)(5)(A)
(ii)(IV)], as added by subsection (a)."
1 See References in Text note below.
2 So in original.
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File Modified | 2015-12-03 |
File Created | 2015-12-03 |