12 U.S.C. § 1701z

New technologies in the development of housing for lower income families

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(a) Institution of program; assistance to mobile home buyers

In order to encourage the use of new housing technologies in providing decent, safe, and sanitary housing for lower income families; to encourage large-scale experimentation in the use of such technologies; to provide a basis for comparison of such technologies with existing housing technologies in providing such housing; and to evaluate the effect of local housing codes and zoning regulations on the large-scale use of new housing technologies in the provision of such housing, the Secretary of Housing and Urban Development (hereinafter referred to as the “Secretary”) shall institute a program under which qualified organizations, public and private, will submit plans for the development of housing for lower income families, using new and advanced technologies, on Federal land which has been made available by the Secretary for the purposes of this section, or on other land where (1) local building regulations permit the construction of experimental housing, or (2) State or local law permits variances from building regulations in the construction of experimental housing for the purpose of testing and developing new building technologies.

(b) Approval of plans utilizing new housing technologies; considerationsThe Secretary shall approve not more than five plans utilizing new housing technologies which are submitted to him pursuant to the program referred to in subsection (a) and which he determines are most promising in furtherance of the purposes of this section. In making such determination the Secretary shall consider—(1) the potential of the technology employed for producing housing for lower income families on a large scale at a moderate cost;(2) the extent to which the plan envisages environmental quality;(3) the possibility of mass production of the technology; and(4) the financial soundness of the organization submitting the plan, and the ability of such organization, alone or in combination with other organizations, to produce at least one thousand dwelling units a year utilizing the technology proposed.(c) Number of dwelling units to be constructed for each type of technology; evaluation of projects

In approving projects for mortgage insurance under section 1715x(a)(2) of this title, the Secretary shall seek to achieve the construction of at least one thousand dwelling units a year over a five-year period for each of the various types of technologies proposed in approved plans under subsection (b). The Secretary shall evaluate each project with respect to which assistance is extended pursuant to this section with a view to determining (1) the detailed cost breakdown per dwelling unit, (2) the environmental quality achieved in each unit, and (3) the effect which local housing codes and zoning regulations have, or would have if applicable, on the cost per dwelling unit.

(d) Transfer of surplus property

Notwithstanding the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, any land which is excess property within the meaning of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 and which is determined by the Secretary to be suitable in furtherance of the purposes of this section may be transferred to the Secretary upon his request.

(e) Report of findings; legislative recommendations

The Secretary shall, at the earliest practicable date, report his findings with respect to projects assisted pursuant to this section (including evaluations of each such project in accordance with subsection (c)), together with such recommendations for additional legislation as he determines to be necessary or desirable to expand the available supply of decent, safe, and sanitary housing for lower income families through the use of technologies the efficacy of which has been demonstrated under this section.

(Pub. L. 90–448, title I, § 108(a)–(e), Aug. 1, 1968, 82 Stat. 495, 496.)Editorial NotesCodification

In subsec. (d), “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, any land which is excess property within the meaning of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949, any land which is excess property within the meaning of such Act” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

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.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1974–2024 · leading case: Gundy v. United States, 139 S. Ct. 2116 (2019).

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Gundy v. United States, 139 S. Ct. 2116 (2019). “, 12 U. S. C. §1701z–2(a) (providing that the Secretary of Housing and Urban Development “shall require, to the greatest extent feasible, the employment of new and improved technologies, methods, and materials in housing construc- tion[ ] under [HUD] programs”); 47 U.”

Arakaki v. United States, 62 Fed. Cl. 244 (Fed. Cl. 2004). “” 12 U.S.C. § 1701z~ll(c) (2000). The goals of the cited subsection provide that the Secretary shall dispose of or manage mortgages “in a manner that .”

Commonwealth of Pennsylvania v. James T. Lynn, Sec'y of Hous. & Urban Dev., 501 F.2d 848 (D.C. Cir. 1974). “12 U.S.C. § 1701z(c)(1). Sec-, tions 235 and 236 were enacted to assist “lower income families,” specifically “families with incomes in the general range of $3,000 to $7,000,” 49 and the *863 Secretary was directed to “accord a preference to those families whose incomes are…”

Daniels v. United States Dep't of Hous. & Urban Dev., 518 F. Supp. 989 (S.D. Ohio 1981). “” In 1978, a policy determination was stated by Congress in 12 U.S.C. § 1701z — 11. That section provides in part as follows: “(a) It is the policy of the United States that the Secretary of Housing & Urban Development, hereinafter referred to as the Secretary, shall manage and…”

Sharon Yarbrough v. Andrew M. Cuomo, 209 F.3d 700 (8th Cir. 2000). “In December of 1997 and January of 1998, plaintiffs argued to HUD that the proposed sale could not be approved without violating a provision of the National Housing Act, 12 U.S.C. § 1701z — 1 l(k)(2), as it did not ensure that affordable rental housing would be provided through…”

Latham Jr. v. Flynn (D. Mass. 2024). · cites it 2× “In the amended complaint, Latham references 12 U.S.C. § 1701z, and alleges that the defendants, in seeking his eviction, violated a federal home buying program that encourages “the use of new technologies in providing decent, safe, sanitary housing for lower income families.”

Egae, LLC v. Fudge (D. Alaska 2023). “”58 A court must dismiss a claim for lack of jurisdiction pursuant to Section 701(a)(2) if there is “no law to apply.”

— 12 U.S.C. § 1701z(c)(1) — 1 case

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