U.S. Code » Title 12 » Chapter CHAPTER 47— COMMUNITY DEVELOPMENT BANKING › Subchapter SUBCHAPTER II— SMALL BUSINESS CAPITAL ENHANCEMENT

12 U.S.C. § 4109

TERMINATION AND CONTINUATION OF AUTHORITIES.

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“(a)Termination of Investment Authority.—The authority to make capital investments in eligible institutions, including commitments to purchase preferred stock or other instruments, provided under this subtitle shall terminate 1 year after the date of enactment of this Act [Sept. 27, 2010].“(b)Continuation of Other Authorities.—The authorities of the Secretary under section 4104 shall not be limited by the termination date in subsection (a).
Notes of Decisions
Cited in 12 cases, 1995–2013 · leading case: Chancellor Manor, Gateway Investors, Ltd., & Oak Grove Towers Assocs. v. United States, 331 F.3d 891 (Fed. Cir. 2003).
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Chancellor Manor, Gateway Investors, Ltd., & Oak Grove Towers Assocs. v. United States, 331 F.3d 891 (Fed. Cir. 2003). · cites it 2× “12 U.S.C. § 4109 (Supp. II 1990). A key aspect of LIHPRHA required HUD approval for any election to prepay a mortgage.”
Cienega Gardens v. United States, 503 F.3d 1266 (Fed. Cir. 2007). · cites it 2× “financing of capital improvements under section 201 of the Housing and Community Development Amendments of 1978; financing of capital improvements through provision of insurance for a second mortgage under LIHPRHA; in the case of housing defined in section 4119(1)(A)(iii) of…”
Fredericksburg Non-Profit Hous. Corp. v. United States, 113 Fed. Cl. 244 (Fed. Cl. 2013). · cites it 2× “12 U.S.C. §§ 4109 (b), 4110. The latter two incentives are permitted subject to the availability of funds.”
Cienega Gardens v. United States, 67 Fed. Cl. 434 (Fed. Cl. 2005). · cites it 2× “Compare ELIHPA § 224(b), with 12 U.S.C. § 4109 (b); but cf. 12 U.S.C. § 4104 .”
CCA Assocs. v. United States, 75 Fed. Cl. 170 (Fed. Cl. 2007). · cites it 2× “at 1880, with 12 U.S.C. § 4109 (b). Under LIHPRHA, owners seeking to obtain incentives in exchange for extending affordability restrictions or to sell their property to a HUD-approved purchaser had to overcome more hurdles than those required *177 under ELIHPA.”
Cienega Gardens v. United States, 33 Fed. Cl. 196 (Fed. Cl. 1995). “12 U.S.C. § 4109 . . LIHPRHA was passed upon the expiration of ELIHPA.”
CCA Assocs. v. United States, 91 Fed. Cl. 580 (Fed. Cl. 2010). “at 1880, with 12 U.S.C. § 4109 (b). In addition, respecting the extension of use for low-income *588 tenants, LIHPRHA required the extension to be effective for the life of the properly, rather than for the remaining period of the 40-year mortgage as ELIHPA had done.”
Cienega Gardens v. United States, 38 Fed. Cl. 64 (Fed. Cl. 1997). “12 U.S.C. § 4109 . . LIHPRHA was passed upon the expiration of ELIHPA.”
Cienega Gardens v. United States, 265 F.3d 1237 (Fed. Cir. 2001). “See ELIHPA § 224; 12 U.S.C. § 4109 (LIHPRHA). Glodney testified during the damages trial in the breach of contract claim that preparing a Plan of Action to receive the incentives was time-consuming and costly, and that it often took years for HUD to approve one.”
Carabetta Enter., Inc. v. United States, 68 Fed. Cl. 410 (Fed. Cl. 2005). “12 U.S.C. §§ 4109 (b)(5), (b)(7). Equity loans were a common incentive requested by the owners.”
Anaheim Gardens v. United States, 33 Fed. Cl. 24 (Fed. Cl. 1995). “12 U.S.C. § 4109 . . LIHPRHA was passed upon the expiration of ELIHPA.”
City Line Jt. Venture v. United States, 71 Fed. Cl. 486 (Fed. Cl. 2006). “12 U.S.C. § 4109 (b). Such incentives included increased access to residual receipts accounts, rent increases, financing for capital improvements, and access to a portion of the property owner’s equity.”
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