U.S. Code » Title 42 » Chapter CHAPTER 69— COMMUNITY DEVELOPMENT

42 U.S.C. § 1105

SECONDARY SOFT MORTGAGE FINANCING FOR HOUSING.

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“(a)In General.—The Secretary shall, to the extent amounts are provided in appropriation Acts under subsection (e), provide assistance under this section through the governing boards carrying out the new town demonstration programs under this section to assist in the development of housing under the program.“(b)Use.—Any assistance provided under this section shall be used only for costs in planning, developing, constructing, and rehabilitating housing under the demonstration program available for rental or purchase by the occupant. The governing board shall determine, according to the new town plan for the demonstration program, the allocation of amounts of assistance provided under this section.“(c)Amount.—The Secretary may not provide assistance under this section for the development of housing under a demonstration program in an amount exceeding $50,000 per dwelling unit assisted.“(d)Second Mortgage.—“(1)In general.—Assistance under this section shall be repaid in accordance with this subsection. Repayment of the amount of any assistance provided with respect to—“(A) any building containing rental units, or“(B) any dwelling unit available for purchase by the occupant that is developed under a demonstration program,shall be secured by a second mortgage held by the Secretary on the property involved.“(2)Terms.—During the period ending upon repayment of the assistance as provided in this subsection, any building containing rental units that is provided assistance under this section shall be used as rental housing subject to the requirements of section 1103(c)(4). During the period ending upon repayment of the assistance as provided in this subsection, any dwelling unit made available for purchase by the occupant that is provided assistance under this section may be sold only to a family having an income not exceeding the amount specified in section 1103(c)(2).“(3)Interest.—Any assistance provided under this section for a building or dwelling unit shall bear interest at a rate equivalent to the rate for the most recently marketable obligations issued by the United States Treasury have terms of 10 years. The interest on such assistance shall be required to be repaid only upon sale of the building.“(4)Discounted repayment.—The assistance provided under this section for any building containing rental units or any dwelling unit available for purchase by the occupant shall be considered to have been repaid for purposes of this subsection if the original purchaser of the building or the dwelling unit pays to the Secretary an amount equal to 50 percent of the amount of the assistance provided under this section.“(e)Authorization of Appropriations.—There are authorized to be appropriated for fiscal years 1993 and 1994 such sums as may be necessary for providing assistance under this section.
Notes of Decisions
Cited in 6 cases, 1937–2009 · leading case: In Re Kucharz, 418 B.R. 635 (Bankr. C.D. Ill. 2009).
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In Re Kucharz, 418 B.R. 635 (Bankr. C.D. Ill. 2009). “42 U.S.C. § 1105 . States are required to provide such extended benefits pursuant to Section 3304(a)(ll) of the Internal Revenue Code and the Federal-State Extended Unemployment Compensation Act of 1970, Pub.”
Davis v. Boston & M. R. Co., 89 F.2d 368 (1st Cir. 1937). · cites it 4× “It is asserted that title IX is not a revenue measure; that it does not provide revenue with which the United States may pay its debts and provide for the general welfare of the nation.”
In Re the Appeal of Yerian, 35 Haw. 855 (Haw. 1941). “14, 1935, c. 531, Title IX, § 903, 49 Stat. 640 .)” 42 USOA § 1103, I.”
Chas. C. Steward MacH. Co. v. Davis, 89 F.2d 207 (5th Cir. 1937). “Section 905 ( 42 U.S.C.A. § 1105 ) provides that the taxes imposed shall be collected through usual channels and by usual procedure, and “shall be paid into the Treasury of the United States as internal-revenue collections.”
In re Richmaid Creameries, Inc., 27 F. Supp. 828 (S.D. Cal. 1937). · cites it 5× “1105(b), 42 U.S.C.A. § 1105 (b) on January 31, 1937, nor at any time at all.”
Bernhardt Furniture Co. v. Robertson, 18 F. Supp. 129 (M.D.N.C. 1937). · cites it 2× “” Section 905(b), 42 U.S.C.A. § 1105 (b) provides, “All provisions of law (including penalties) applicable in respect of the taxes imposed by section 600 of the Revenue Act of 1926 [sections 901 to 906 and 1120 of Title 26], shall, in so *131 far as not inconsistent with this…”
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