42 U.S.C. § 3534

Transfer of functions

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(a) Housing and Home Finance Agency, Federal Housing Administration, and Public Housing Administration

Except as otherwise provided in subsection (b) of this section, there are hereby transferred to and vested in the Secretary all of the functions, powers, and duties of the Housing and Home Finance Agency, of the Federal Housing Administration and the Public Housing Administration in that Agency, and of the heads and other officers and offices of said agencies.

(b) Government National Mortgage Association

The Government National Mortgage Association, together with its functions, powers, and duties, is hereby transferred to the Department.

(c) Studies of organization of housing and urban development functions and programs and recommendations regarding transfer of such functions and programs to or from Department

The President shall undertake studies of the organization of housing and urban development functions and programs within the Federal Government, and he shall provide the Congress with the findings and conclusions of such studies, together with his recommendations regarding the transfer of such functions and programs to or from the Department. Notwithstanding any other provision of this chapter, none of the functions of the Secretary of the Interior authorized under chapter 2003 of title 54 or other functions carried out by the Bureau of Outdoor Recreation shall be transferred from the Department of the Interior or in any way be limited geographically unless specifically provided for by reorganization plan pursuant to provisions of chapter 9 of title 5, or by statute.

(Pub. L. 89–174, § 5, Sept. 9, 1965, 79 Stat. 669; Pub. L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90–448, title VIII, § 807(c), Aug. 1, 1968, 82 Stat. 544; Pub. L. 102–550, title XIII, § 1352, Oct. 28, 1992, 106 Stat. 3969; Pub. L. 110–289, div. A, title I, § 1161(f), July 30, 2008, 122 Stat. 2780; Pub. L. 113–287, § 5(k)(3), Dec. 19, 2014, 128 Stat. 3270.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 89–174, Sept. 9, 1965, 79 Stat. 667, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3531 of this title and Tables.

Codification

In subsec. (c) “chapter 9 of title 5” substituted for “the Reorganization Act of 1949, as amended,” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Section was formerly classified to section 624c of former Title 5, Executive Departments and Government Officers and Employees, prior to the general revision and enactment of Title 5, Government Organization and Employees by Pub. L. 89–554, § 1, Sept. 1, 1966, 80 Stat. 378.

Amendments

2014—Subsec. (c). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)”.

2008—Subsec. (d). Pub. L. 110–289 struck out subsec. (d) which read as follows: “Notwithstanding any other provision of this chapter, the Secretary may not merge or consolidate the Office of Federal Housing Enterprise Oversight of the Department, or any of the functions or responsibilities of such Office, with any function or program administered by the Secretary.”

1992—Subsec. (d). Pub. L. 102–550 added subsec. (d).

1968—Subsec. (b). Pub. L. 90–448 substituted “Government National Mortgage Association” for “Federal National Mortgage Association”, and struck out provisions which allocated the position of the President of the Federal National Mortgage Association among the positions referred to in section 3535(c) of this title.

1967—Subsec. (b). Pub. L. 90–83 struck out “and the item numbered (94) of section 303(e) of the Federal Executive Salary Act of 1964 of this title” after “The next to the last sentence of section 1723 of title 12” in repealing provision.

Statutory Notes and Related SubsidiariesEffective Date of 1968 Amendment

Amendment by Pub. L. 90–448 effective from and after a date, no more than 120 days following Aug. 1, 1968, as established by the Secretary of Housing and Urban Development, see section 808 of Pub. L. 90–448, set out as an Effective Date note under section 1716b of Title 12, Banks and Banking.

Transfer of Functions

Pub. L. 89–174, § 9(c), Sept. 9, 1965, 79 Stat. 670, set out as a note under section 3531 of this title, provides that references to the Housing and Home Finance Agency or to any agency or officer therein are to be deemed to mean the Secretary of Housing and Urban Development, pursuant to the transfer of functions under this section, and that the Housing and Home Finance Agency and the Public Housing Administration, a constituent agency therein, have lapsed.

Notes of Decisions

Cited in 26 cases, 1968–2020 · leading case: Thorpe v. Hous. Auth. of Durham, 393 U.S. 268 (1969).

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Thorpe v. Hous. Auth. of Durham, 393 U.S. 268 (1969). · cites it 2× “669 , 42 U. S. C. § 3534 (a) (1964 ed., Supp. III).”

Pfeifer v. Countrywide Home Loans, Inc., 211 Cal. App. 4th 1250 (Cal. Ct. App. 2012). “834, citing 42 U.S.C. § 3534 (a).) HUD promulgated mortgage-servicing regulations under the authority granted to it by the NHA ( 12 U.”

Faire Feaz v. Wells Fargo Bank, N.A., 745 F.3d 1098 (11th Cir. 2014). “The Flood Insurance Act requires a minimum amount of flood insurance before a federal agency can provide “any financial assistance” for home purchases in areas that present “special flood hazards.”

Norwalk Core v. Norwalk Redevelopment Agency, 395 F.2d 920 (2d Cir. 1968). “669 (1965), as amended, 42 U.S.C. § 3534 (Supp.1967). See also 81 Stat.”

Bank of N.Y. Mellon for Nationstar Home Equity Loan Trust 2007-B v. Bridge, 2017 Ohio 7686 (Ohio Ct. App. 2017). “{¶ 12} In their first assignment of error, the Bridges contend that Bank of New York Mellon was not entitled to foreclosure because it failed to prove that it complied with United States Department of Housing and Urban Development ("HUD") regulations that are conditions…”

Wells Fargo Bank, N.A. v. Lorson, 192 A.3d 439 (Conn. App. Ct. 2018). “42 U.S.C. § 3534 (a) (2012). "The FHA provides lenders with protection against losses as the result of homeowners defaulting on their mortgage loans.”

Angleton v. Pierce, 574 F. Supp. 719 (D.N.J. 1983). “The Department of Housing and Urban Development Act of 1965, 42 U.S.C. § 3534 (a), transferred the Federal Housing Commissioner's “functions, powers and duties” to the Secretary of HUD.”

Alder Terrace, Inc. v. United States, 161 F.3d 1372 (Fed. Cir. 1998). “See 42 U.S.C. § 3534 (a); 24 C.F.R. §§ 200.1-200.”

Maria Luisa Castro Lopez, Benita Ramos Acosta, Intervenors v. Jose E. Arraras, Etc., 606 F.2d 347 (1st Cir. 1979). “This is to be read in conjunction with 42 U.S.C. § 3534 , which transferred to the Secretary of HUD all the functions, powers, and duties of the Housing and Home Financing Agency.”

Little Earth of United Tribes, Inc. v. United States Dep't of Hous. & Urban Dev., 584 F. Supp. 1292 (D. Minnesota 1983). “42 U.S.C. § 3534 (a). Nevertheless the same rationale which renders § 1702 inapplicable to a.”

Ippolito-Lutz, Inc. v. Harris, 473 F. Supp. 255 (S.D.N.Y. 1979). “42 U.S.C. § 3534 (a). 2 . The Court expresses no view on the likelihood of plaintiff’s success in another forum.”

Snowbird Const. Co., Inc. v. United States, 666 F. Supp. 1437 (D. Idaho 1987). “” The functions, powers and duties of the Housing Authority have been transferred to the Secretary of HUD pursuant to 42 U.S.C. § 3534 (a). However, the waiver of immunity provided in Section 1404a is limited.”

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