42 U.S.C. § 13641

Definitions

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For purposes of this title: 11 See References in Text note below.(1) Elderly, disabled, and near-elderly families

The terms “elderly family”, “disabled family”, and “near-elderly family” have the meanings given the terms under section 3(b)(3) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)(3)].

(2) Federally assisted housingThe terms “federally assisted housing” and “project” mean—(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)]);(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f];(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z–1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 ¹ of this title.(3) Housing assistance

The term “housing assistance” means, with respect to federally assisted housing, the grant, contribution, capital advance, loan, mortgage insurance, or other assistance provided for the housing under the provisions of law referred to in paragraph (2). The term also includes any related assistance provided for the housing by the Secretary, including any rental assistance for low-income occupants.

(4) Owner

The term “owner” means, with respect to federally assisted housing, the entity or private person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such housing.

(5) Secretary

The term “Secretary” means the Secretary of Housing and Urban Development.

(Pub. L. 102–550, title VI, § 683, Oct. 28, 1992, 106 Stat. 3831; Pub. L. 111–8, div. I, title II, § 228, Mar. 11, 2009, 123 Stat. 978.)Editorial NotesReferences in Text

This title, referred to in text, is title VI of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3802, which enacted this chapter, amended sections 1437a, 1437c to 1437g, 1437l, 1437o, 1438, 8011 to 8013, 12705, 12901 to 12910, and 12912 of this title and section 1701q of Title 12, Banks and Banking, enacted provisions set out as notes under sections 1437a, 8011, and 12901 of this title and section 1701q of Title 12, and amended provisions set out as a note under section 1701q of Title 12. For complete classification of this title to the Code, see Short Title of 1992 Amendment note set out under section 5301 of this title and Tables.

Section 8013 of this title, referred to in par. (2)(H), was in the original “section 811 of the Cranston-Gonzalez Affording Housing Act (42 U.S.C. 8013)”, and was translated as reading “section 811 of the Cranston-Gonzalez National Affordable Housing Act”, which is classified to section 8013 of this title, to reflect the probable intent of Congress.

Amendments

2009—Par. (2)(H). Pub. L. 111–8 added subpar. (H).

Notes of Decisions

Cited in 3 cases, 1998–2020 · leading case: Thurmond v. Bowman, 211 F. Supp. 3d 554 (W.D.N.Y. 2016).

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Thurmond v. Bowman, 211 F. Supp. 3d 554 (W.D.N.Y. 2016). “Moreover, Plaintiff argues that Defendants do not meet the definition of a provider of “federally assisted housing” set forth in 42 U.S.C. § 13641 , and as a result, the statutory provisions that allow screening of applications based on past criminal activity are inapplicable to…”

Barbero v. Davidson (E.D. Mo. 2020). “” See 42 U.S.C. § 13641 . She has also failed to provide any facts demonstrating that Wilhoit Properties failed to comply with any established procedures or requirements pertaining to federally assisted housing.”

Kings Daughters Hous., Inc. v. Paige, 506 S.E.2d 329 (W. Va. 1998). · cites it 2× “The term “housing assistance” means, with respect to federally assisted housing, the grant .”

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