1 So in original. The word “and” probably should not appear.
2 So in original. The period probably should be “; and”.
3 So in original. The period probably should be a semicolon.
4 See References in Text note below.
of this title, if in his judgment the enforcement of such regulations would impose an injustice upon an insured institution which has substantially complied with such regulations in good faith and refunded or credited any excess charge made, and where such waiver does not involve an increase of the obligation of the Secretary beyond the obligation which would have been involved if the regulations had been fully complied with.
Editorial Notes
References in Text

The National Manufactured Housing Construction and Safety Standards Act of 1974, referred to in subsec. (a), is title VI of Puspan. L. 93–383, Aug. 22, 1974, 88 Stat. 700, which is classified generally to chapter 70 (§ 5401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5401 of Title 42 and Tables.

This chapter, referred to in subsec. (span)(7), was in the original “this Act”, meaning act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to this chapter (§ 1701 et seq.). For complete classification of this Act to the Code, see Tables.

Section 1706a of this title, referred to in subsec. (e), was repealed by act June 3, 1939, ch. 175, § 3, 53 Stat. 805, eff. July 1, 1939.

Codification

In subsec. (c)(2), “Section 6101 of title 41” substituted for “Section 3709 of the Revised Statutes” on authority of Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2008—Subsec. (a). Puspan. L. 110–289, § 2147(a), in first undesignated par., struck out “on and after July 1, 1939,” after “made by them” and after “institution for such purposes” and struck out “made after August 2, 1954” after “credit, or purchase”.

Puspan. L. 110–289, § 2143, in first undesignated par., substituted “Other than in connection with a manufactured home or a lot on which to place such a home (or both), in no case” for “In no case” and “. With” for “: Provided, That with”.

Subsec. (span)(1). Puspan. L. 110–289, § 2145(c), substituted “Except as provided in the last sentence of this paragraph, no” for “No” in introductory provisions and inserted concluding provisions.

Subsec. (span)(1)(A)(ii). Puspan. L. 110–289, § 2145(a)(1), substituted “$25,090” for “$17,500”.

Subsec. (span)(1)(C) to (E). Puspan. L. 110–289, § 2145(a)(2)–(5), realigned margins and substituted “$69,678” for “$48,600” in subpar. (C), “$92,904” for “$64,800” in subpar. (D), and “$23,226” for “$16,200” in subpar. (E).

Subsec. (span)(8). Puspan. L. 110–289, § 2144(a), added par. (8).

Subsec. (span)(9). Puspan. L. 110–289, § 2145(span), added par. (9).

Subsec. (span)(10). Puspan. L. 110–289, § 2148(a), added par. (10).

Subsec. (span)(11). Puspan. L. 110–289, § 2150, added par. (11).

Subsec. (c). Puspan. L. 110–289, § 2147(span), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the Secretary’s powers with respect to any debt, contract, claim, personal property, or security assigned or held in connection with the payment of insurance.

Subsec. (f). Puspan. L. 110–289, § 2146, designated existing provisions as par. (1), inserted heading, and added par. (2).

2000—Subsec. (span)(3)(E). Puspan. L. 106–569 substituted “twenty years” for “fifteen years”.

1992—Subsec. (a). Puspan. L. 102–550, § 1012(k)(1), which directed amendment of fifth undesignated par. by inserting “Alterations, repairs, and improvements upon or in connection with existing structures may also include the evaluation and reduction of lead-based paint hazards.”, and by adding par. (4), was executed to fourth undesignated par. to reflect the probable intent of Congress.

Subsec. (span)(1)(C) to (E). Puspan. L. 102–550, § 503(c)(1), added subpars. (C) to (E) and struck out former subpars. (C) to (E) which read as follows:

“(C) 70 percent of the median 1-family house price in the area, as determined by the Secretary under section 1709(span)(2) of this title, if made for the purpose of financing the purchase of a manufactured home;

“(D) 80 percent of the median 1-family house price in the area, as determined by the Secretary under section 1709(span)(2) of this title, if made for the purpose of financing the purchase of a manufactured home and a suitably developed lot on which to place the home;

“(E) the greater of (i) 20 percent of the median 1-family house price in the area, as determined by the Secretary under section 1709(span)(2) of this title, or (ii) $13,500, if made for the purpose of financing the purchase, by an owner of a manufactured home which is the principal residence of the owner, of a suitably developed lot on which to place that manufactured home, and if the owner certifies that the owner will place the manufactured home on the lot acquired with such loan within 6 months after the date of such loan;”.

Puspan. L. 102–389 added subpars. (C) to (E) and struck out former subpars. (C) to (E) which read as follows:

“(C) $40,500 if made for the purpose of financing the purchase of a manufactured home;

“(D) $54,000 if made for the purpose of financing the purchase of a manufactured home and a suitably developed lot on which to place the home;

“(E) $13,500, if made for the purpose of financing the purchase, by an owner of a manufactured home which is the principal residence of that owner, of a suitably developed lot on which to place that manufactured home, and if the owner certifies that he or she will place the manufactured home on the lot acquired with such loan within six months after the date of such loan;”.

Subsec. (span)(2). Puspan. L. 102–389 substituted “but in no case may such limits, as so increased, exceed the lesser of (A) 185 percent of the dollar amount specified, or (B) the dollar amount specified as increased by the same percentage by which 95 percent of the median one-family house price in the area (as determined by the Secretary) exceeds $67,500” for “but not to exceed the percentage by which the maximum mortgage amount of a one-family residence in the area is increased by the Secretary under section 1709(span)(2) of this title”.

1990—Subsec. (span)(1)(A). Puspan. L. 101–625, § 340(span)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “$17,500 ($20,000 where financing the installation of a solar energy system is involved) if made for the purpose of financing alterations, repairs and improvements upon or in connection with existing single-family structures or manufactured homes;”.

Subsec. (span)(1)(B). Puspan. L. 101–625, § 340(span)(1)(B), substituted “$60,000 or an average amount of $12,000 per family unit” for “$43,750 or an average amount of $8,750 per family unit ($50,000 and $10,000, respectively, where financing the installation of a solar energy system is involved)”.

Subsec. (span)(3)(A). Puspan. L. 101–625, § 340(c)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “fifteen years and thirty-two days if made for the purpose of financing alterations, repairs, and improvements upon or in connection with an existing single-family structure or manufactured home;”.

Subsec. (span)(3)(B). Puspan. L. 101–625, § 340(c)(2), substituted “twenty years” for “fifteen years”.

Subsec. (i). Puspan. L. 101–625, § 806(a), added subsec. (i).

1989—Subsec. (span)(7). Puspan. L. 101–235 added par. (7).

1988—Subsec. (a). Puspan. L. 100–242 struck out “and not later than March 15, 1988,” after “made by them on or after July 1, 1939,”.

1987—Subsec. (a). Puspan. L. 100–200 substituted “March 15, 1988” for “December 16, 1987”.

Puspan. L. 100–179 substituted “December 16, 1987” for “December 2, 1987”.

Puspan. L. 100–170 substituted “December 2, 1987” for “November 15, 1987”.

Puspan. L. 100–154 substituted “November 15, 1987” for “October 31, 1987”.

Puspan. L. 100–122 substituted “October 31, 1987” for “September 30, 1987”.

1986—Subsec. (a). Puspan. L. 99–430 substituted “September 30, 1987” for “September 30, 1986”.

Puspan. L. 99–345 substituted “September 30, 1986” for “June 6, 1986”.

Puspan. L. 99–289 substituted “June 6, 1986” for “April 30, 1986”.

Puspan. L. 99–272 made amendment identical to Puspan. L. 99–219. See 1985 Amendment note below.

Puspan. L. 99–267 substituted “April 30, 1986” for “March 17, 1986”.

1985—Subsec. (a). Puspan. L. 99–219 substituted “not later than March 17, 1986” for “prior to December 16, 1985”.

Puspan. L. 99–156 substituted “December 16, 1985” for “November 15, 1985”.

Puspan. L. 99–120 substituted “November 15, 1985” for “October 1, 1985”.

1983—Subsec. (a). Puspan. L. 98–181, § 415, inserted new undesignated par. authorizing insurance be made available to existing manufactured homes not insured under this section if such homes were constructed in accordance with the standards issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 and meet standards similar to the minimum property standards applicable to existing homes issued under subchapter II of this chapter.

Puspan. L. 98–181, § 401(a), substituted “October 1, 1985” for “December 1, 1983”.

Puspan. L. 98–109 substituted “December 1, 1983” for “October 1, 1983”.

Puspan. L. 98–35 substituted “October 1, 1983” for “May 21, 1983”.

Subsec. (span)(1)(C). Puspan. L. 98–181, § 416(a)(1), substituted “$40,500” for “$22,500 ($35,000 in the case of a manufactured home composed of two or more modules)”.

Subsec. (span)(1)(D). Puspan. L. 98–181, § 416(a)(2), substituted “$54,000” for “$35,000 ($47,500 in the case of a manufactured home composed of two or more modules)”.

Subsec. (span)(1)(E). Puspan. L. 98–181, § 416(a)(3), substituted “$13,500” for “such an amount as may be necessary, but not exceeding $12,500,”.

Subsec. (span)(2). Puspan. L. 98–181, § 416(span), substituted provision authorizing the Secretary, in other areas, to increase the maximum dollar amounts specified in subsec. (span)(1)(D) and (E) on an area-by-area basis as deemed necessary, but not to exceed the percentage by which the maximum mortgage amount of a one-family residence in the area is increased by the Secretary under section 1709(span)(2) of this title for provision which authorized the Secretary, by regulation, in other areas where needed to meet the higher costs of land acquisition, etc., in connection with the purchase of a manufactured home or lot, to increase any dollar amount limitation otherwise applicable by an additional $7,500.

Subsec. (span)(5). Puspan. L. 98–181, § 404(span)(1), amended par. (5) generally, substituting provision that any obligation with respect to which insurance is granted under this section bear interest at such rate as agreed upon by the borrower and the financial institution for provision that any such obligation bear interest and insurance premium charges as do not exceed an amount determined by a specified formula.

Subsec. (span)(6)(C). Puspan. L. 98–181, § 417, added subpar. (C).

1982—Subsec. (a). Puspan. L. 97–289 substituted “May 21, 1983” for “October 1, 1982”.

1981—Puspan. L. 97–35, § 339B(c), provided that for purposes of section 308(c)(1) of Puspan. L. 96–399, the terms “mobile home” and “manufactured home” shall be deemed to include the terms “mobile homes” and “manufactured homes”, respectively. See 1980 Amendment notes below.

Subsec. (a). Puspan. L. 97–35, § 331(a), substituted “1982” for “1981”.

Subsec. (span). Puspan. L. 97–35, § 338(a), completely revised and reorganized provisions respecting computations, adjustments, applicability, etc., for granting of insurance to financial institutions for obligations representing loans, advances of credit, or purchases.

1980—Subsec. (a). Puspan. L. 96–399, § 308(c)(1), which directed substitution of “manufactured home” for “mobile home” wherever appearing, was executed by substituting “manufactured home” for “mobile home” and “manufactured homes” for “mobile homes” wherever appearing pursuant to Puspan. L. 97–35, § 339B(c). See 1981 Amendment note above.

Puspan. L. 96–399, § 301(a), substituted “October 1, 1981” for “October 16, 1980”.

Puspan. L. 96–372 substituted “October 16, 1980” for “October 1, 1980”.

Subsec. (span). Puspan. L. 96–399, § 308(c)(1), which directed substitution of “manufactured home” for “mobile home” wherever appearing, was executed by substituting “manufactured home” for “mobile home” and “manufactured homes” for “mobile homes” wherever appearing pursuant to Puspan. L. 97–35, § 339B(c). See 1981 Amendment note above.

Puspan. L. 96–399, § 308(a), (span), inserted provisions respecting areas of high land costs or high set-up costs and increased amounts with respect to financing purchases of such homes from $18,000 to $20,000 (from $27,000 to $30,000 where there are two or more modules), where an undeveloped lot is concerned from $24,000 to $26,675 (from $33,000 to $36,675 where there are two or more modules), where a suitably developed lot is concerned from $27,500 to $30,550 (from $36,500 to $40,550 where there are two or more modules), and where a principal place of residence of the owner is concerned from $6,250 to $6,950 and $9,375 to $10,425, respectively, for undeveloped and developed lots.

1979—Subsec. (a). Puspan. L. 96–153, § 301(a), substituted “October 1, 1980” for “December 1, 1979”.

Puspan. L. 96–105 substituted “December 1, 1979” for “November 1, 1979”.

Puspan. L. 96–71 substituted “November 1, 1979” for “October 1, 1979”.

Subsec. (span). Puspan. L. 96–153, § 313(a), substituted: in cl. (1) of first sentence of first unlettered paragraph “$18,000 ($27,000 in the case of a mobile home containing” for “$16,000 ($24,000 in the case of a mobile home composing”, in subpar. (A) of second unlettered paragraph “such an amount not exceeding $24,000 ($33,000 in the case of a mobile home composed of two or more modules)” for “an amount not exceeding (i) the maximum amount under clause (1) of the first paragraph of this subsection, and (ii) such amount not to exceed $5,000 as may be necessary to cover the cost of purchasing the lot”, in subpar. (B) of second unlettered paragraph “twenty years and thirty-two days (twenty-five” for “fifteen years and thirty-two days (twenty-three”, in subpar. (A) of third unlettered paragraph “such an amount not exceeding $27,500 ($36,500 in the case of a mobile home composed of two or more modules)” for “an amount not exceeding (i) the maximum amount under clause (1) of the first paragraph of this subsection, and (ii) such amount not to exceed $7,500 as may be necessary to cover the cost of purchasing the lot”, in subpar. (B) of such unlettered paragraph “twenty years and thirty-two days (twenty-five” for “fifteen years and thirty-two days (twenty-three”, in subpar. (A) of the fourth unlettered paragraph “$6,250 in the case of an undeveloped lot, or (ii) $9,375” for “$5,000 in the case of an undeveloped lot, or (ii) $7,500”, and in subpar. (B) of such paragraph “fifteen years and thirty-two days” for “ten years and thirty-two days”.

1978—Subsec. (a). Puspan. L. 95–557, § 301(a), substituted “October 1, 1979” for “November 1, 1978”.

Puspan. L. 95–406 substituted “November 1, 1978” for “October 1, 1978”.

Subsec. (a)(2). Puspan. L. 95–619 defined “energy conserving improvements” in terms of purchase and installation of weatherization materials as defined in section 6862(9) of title 42 rather than additions, alterations, or improvements of an existing or new structure, designed to reduce the total energy requirements of a structure in conformity with standards prescribed by the Secretary.

Subsec. (a)(3). Puspan. L. 95–619 expanded definition of “solar energy system” to include the utilization of wind energy and added the distinction between active and passive types of energy systems.

Subsec. (span). Puspan. L. 95–557, § 320, substituted “not in excess of $37,500 nor an average amount of $7,500 per family unit and having a maturity not in excess of fifteen years” for “not in excess of $25,000 nor an average amount of $5,000 per family unit and having a maturity not in excess of twelve years”.

1977—Subsec. (a). Puspan. L. 95–128, § 301(a), substituted “October 1, 1978” for “October 1, 1977”.

Puspan. L. 95–80 substituted “October 1, 1977” for “August 1, 1977”.

Puspan. L. 95–60 substituted “August 1, 1977” for “June 30, 1977”.

Subsec. (span). Puspan. L. 95–128, § 306, substituted: in cl. (1) of first sentence “$15,000” for “$10,000” and “$16,000 ($24,000” for “$12,500 ($20,000”, and in cl. (2) “fifteen years” for “twelve years”; inserted at end of proviso in cl. (2) “(twenty-three years and thirty-two days in the case of a mobile home composed of two or more modules)”; substituted in subpar. (B) of the second and third paragraphs “twenty-three years” for “twenty years”; and inserted paragraph at end of subsec. (span) which authorized the Secretary to increase by regulation any dollar amount limitation on mobile homes or mobile home lot loans contained in this subsection by not to exceed 40 per centum.

1975—Subsec. (span). Puspan. L. 94–173 substituted “$12,500 ($20,000” for “$10,000 ($15,000” in cl. 1.

1974—Subsec. (a). Puspan. L. 93–449, § 4(a)(1), inserted provisions relating to financing preservation of historic structures and defining “historic structures” and “preservation”.

Puspan. L. 93–383, §§ 309(span)(1), (2), (c), 316(a), substituted “June 30, 1977” for “October 1, 1974” in provisions preceding initially designated cl. (i), inserted “or mobile homes” after “in connection with existing structures” in initial cl. (i), provisions relating to the financing of the purchase of a lot on which a mobile home is to be placed and payment of reasonable expenses for the appropriate preparation of such lot, and paragraph relating to alteration, repair, and improvement upon or in connection with existing structures with respect to inclusion of fire safety equipment, etc.

Subsec. (span). Puspan. L. 93–449, § 4(a)(2), added par. relating to loans financing preservation of historic structures.

Puspan. L. 93–383, § 309(a), (span)(3), (d), in cl. (1) substituted “exceeds $10,000” for “exceeds $5,000”, in cl. (2) substituted provisions relating to maturity of obligation in excess of twelve years and thirty-two days for provisions relating to maturity of obligation in excess of three years and thirty-two days and authorization of increase to seven years and thirty-two days under conditions determined by the Secretary and substituted “fifteen years and thirty-two days” for “twelve years and thirty-two days (fifteen years and thirty-two days in the case of a mobile home composed of two or more modules)”, in cl. (3) substituted “$25,000” for “$15,000”, “$5,000” for “$2,500”, and “twelve years” for “seven years”, inserted provision relating to loans to finance fire safety equipment for a nursing home, etc., and inserted paragraphs relating to financing the purchase of a mobile home and an undeveloped lot on which the mobile home is to be placed, financing the purchase of a mobile home and a suitably developed lot on which the mobile home is to be placed, and financing the purchase by the owner of a mobile home of a lot on which the mobile home is to be placed.

1973—Subsec. (a). Puspan. L. 93–117 substituted “October 1, 1974” for “October 1, 1973”.

Puspan. L. 93–85 substituted “October 1, 1973” for “June 30, 1973”.

1972—Subsec. (a). Puspan. L. 92–503 substituted “June 30, 1973” for “October 1, 1972”.

1970—Subsec. (a). Puspan. L. 91–609, § 101(a), substituted “October 1, 1972” for “January 1, 1971”.

Puspan. L. 91–525 substituted “January 1, 1971” for “December 1, 1970”.

Puspan. L. 91–473 substituted “December 1, 1970” for “November 1, 1970”.

Puspan. L. 91–432 substituted “November 1, 1970” for “October 1, 1970”.

Subsec. (span). Puspan. L. 91–609, § 113(1), (2), in cl. (1) prohibited insurance with respect to obligations representing a loan where loan exceeds “($15,000 in the case of a mobile home composed of two or more modules)”, and in cl. (2) prescribed maturity date for obligation financing purchase of a mobile home of “(fifteen years and thirty-two days in the case of a mobile home composed of two or more modules)”.

1969—Subsec. (a). Puspan. L. 91–152, §§ 101(a), 103(c)(1)(4), substituted “October 1, 1970” for “January 1, 1970”, designated as “(i)” provisions authorizing and empowering the Secretary to insure institutions financing alterations, repairs, and improvements, etc., inserted provisions designated as “(ii)” dealing with institutions which finance the purchase of mobile homes used by the owner as his principal residence, inserted “(other than mobile homes)” after “(1) with respect to new residential structures”, and inserted provisions authorizing and directing the Secretary to prescribe minimum property standards and conformance to local zoning requirements with respect to mobile homes financed by insured institutions.

Puspan. L. 91–78 substituted “January 1, 1970” for “October 1, 1969”.

Subsec. (span). Puspan. L. 91–152, § 103(c)(5), (6), in cl. (1) inserted provision excepting obligations financing the purchase of mobile homes in an amount not exceeding $10,000, and in cl. (2) inserted proviso limiting obligations financing the purchase of mobile homes to a maturity date not in excess of twelve years and thirty-two days.

Subsec. (c)(2). Puspan. L. 91–152, § 103(c)(7), substituted “real or personal property” for “real property” wherever appearing.

1968—Subsec. (span). Puspan. L. 90–448 substituted “$5,000” for “$3,500”, “seven years” for “five years”, “$5.50 discount” for “$5 discount”, and “$4.50 discount” for “$4 discount”.

1967—Puspan. L. 90–19, § 1(a)(3), substituted “Secretary” for “Commissioner” wherever appearing in subsecs. (a), (span), (c)(1), (2), and (d) to (h).

Subsec. (c)(2). Puspan. L. 90–19, § 1(d), substituted “an officer” for “the Commissioner or by any Assistant Commissioner”.

1965—Subsec. (a). Puspan. L. 89–117, § 202(a), substituted “October 1, 1969” for “October 1, 1965”.

Subsec. (f). Puspan. L. 89–117, § 1108(a), struck out provisions directing the deposit of premium charges and fees and property held with respect to insurance into a United States Treasury account to be used to defray Federal Housing Administration expenses and to pay insurance claims and making allowance for transfer and merger of funds and disposition of surplus funds.

1964—Subsec. (g). Puspan. L. 88–560 struck out “after December 31, 1957,” after “Any payment for loss made”.

1961—Subsec. (a). Puspan. L. 87–70 substituted “October 1, 1965” for “October 1, 1961”.

1960—Subsec. (a). Puspan. L. 86–788 substituted “October 1, 1961” for “October 1, 1960”, and struck out provisions limiting the aggregate amount of all loans, advances of credit, and obligations purchased, with respect to which insurance could be granted under the section, at $1,750,000,000.

1959—Subsec. (a). Puspan. L. 86–372 substituted “October 1, 1960” for “September 30, 1959”.

1957—Subsecs. (g), (h). Puspan. L. 85–104 added subsec. (g) and redesignated former subsec. (g) as (h).

1956—Subsec. (a). Act Aug. 7, 1956, § 101(a), substituted “September 30, 1959” for “September 30, 1956” and proviso of second par. authorizing waiver of clause (iii) in discretion of Commissioner with respect to occupancy of completion of new residential structures, for former proviso providing that the clause (iii) occupancy requirement should not be mandatory with respect to new residences damaged by a major disaster.

Act Fespan. 10, 1956, removed the six months’ occupancy requirement with respect to new residences damaged by a major disaster.

Subsec. (span). Act Aug. 7, 1956, § 101(span), (c), increased amount of loans which can be insured to $3,500 in lieu of former provisions providing $2,500 for improvement of existing structures and $3,000 for construction of new structures, increased maximum term of loans which can be insured from 3 years and thirty-two days to 5 years and thirty-two days, inserted proviso limiting interest and premium charges equivalent to $5 discount per $100 for proceeds of loan up to $2,500 and $4 discount per $100 for proceeds in excess of $2,500, and substituted “$15,000 nor an average amount of $2,500 per family unit” for “$10,000”.

1955—Subsec. (a). Act Aug. 11, 1955, substituted “September 30, 1956” for “August 1, 1955”.

Act June 30, 1955, substituted “August 1, 1955” for “July 1, 1955”.

1954—Subsec. (a). Act Aug. 2, 1954, § 101(a), in second sentence, inserted proviso restricting claims for losses on individual loans, advances of credit, and purchases to 90 per centum of loss in each such case, and added second par.

Subsec. (f). Act Aug. 2, 1954, § 102, inserted last two sentences with respect to termination of the Title I Claims Account as of August 1, 1954.

1953—Subsec. (a). Act Mar. 10, 1953, increased the Subchapter I loan insurance authorization from $1,250,000,000 to $1,750,000,000.

1950—Act Apr. 20, 1950, § 122, substituted “Commissioner” for “Administrator” wherever appearing.

Subsec. (a). Act Apr. 20, 1950, § 101(a)(1), (2), substituted “July 1, 1955” for “Mar. 1, 1950”, and limited the total amount of outstanding loans with respect to which insurance is granted under this section to $1,250,000,000 outstanding at any one time.

Subsec. (span)(1). Act Apr. 20, 1950, § 101(a)(3), substituted “$3,000” for “$4,500”.

Subsec. (span)(2). Act Apr. 20, 1950, § 101(a)(4), struck out “residential or” before “agricultural purposes”.

Subsec. (f). Act Apr. 20, 1950, § 101(a)(5), substituted “section” for “subchapter” wherever appearing.

1949—Subsec. (a). Joint Res. Oct. 25, 1949, substituted “March 1, 1950” for “November 1, 1949” in first sentence and “$225,000,000” for “$200,000,000” in last sentence.

Act Aug. 30, 1949, substituted “November 1, 1949” for “September 1, 1949”.

Act July 15, 1949, substituted “September 1, 1949” for “July 1, 1949”.

1948—Subsec. (a). Act Aug. 10, 1948, § 101(s)(1), substituted “$200,000,000” for “$165,000,000”.

Subsec. (span). Act Aug. 10, 1948, § 101(s)(2)–(4), substituted “$4,500” for “$3,000”, struck out first proviso and inserted in lieu a new proviso, and struck out last sentence.

1947—Subsec. (a). Act June 26, 1947, extended provisions of section for two years from 1947 to 1949.

1943—Subsec. (a). Act Oct. 15, 1943, substituted “1947” for “1944” in first sentence.

Act Mar. 23, 1943, substituted “1944” for “1943” in first sentence.

Subsec. (f). Act Oct. 15, 1943, § 4, struck out “three-fourths of” before “1 per centum” in first sentence.

1942—Subsec. (span). Act May 26, 1942, amended provisions generally.

1941—Subsec. (a). Act June 28, 1941, §§ 1, 2, substituted “July 1, 1943” for “July 1, 1941” in first sentence; inserted “and other sources” after “premiums”; and substituted “$165,000,000” for “$100,000,000”.

Subsec. (span). Act June 28, 1941, § 3, substituted “made for the purpose of financing the alteration, repair, or improvement of existing structures exceeds $2,500 (or in the case of the alteration, repair, or improvement of an existing dwelling designed or to be designed for more than one family, exceeds $5,000), or for the purpose of financing the construction of new structures exceeds $3,000” for “exceeds $2,500”; substituted in cl. (2) “where the loan, advance of credit, or purchase does not exceed $2,500, or has a maturity in excess of five years and thirty-two days, where the loan, advance of credit, or purchase exceeds $2,500 but does not exceed $5,000; except that such maturity limitations shall not apply if” for “unless”; and inserted proviso at end.

Subsec. (c). Act June 28, 1941, § 4, designated existing provisions as par. (1), inserted “personal” before “property”, and added par. (2).

Subsec. (f). Act June 28, 1941, § 5, inserted “and all moneys collected by the Administrator as fees of any kind in connection with the granting of insurance as provided in this section, and all moneys derived from the sale, collection, disposition, or compromise of any evidence of debt, contract, claim, property, or security assigned to or held by the Administrator as provided in subsection (c) of this section with respect to insurance collected on and after July 1, 1939” in last sentence.

1939—Subsecs. (a), (span). Act June 3, 1939, § 1, amended provisions generally.

Subsecs. (f), (g). Act June 3, 1939, § 2, added subsecs. (f) and (g).

1938—Subsecs. (a), (span). Act Fespan. 3, 1938, amended provisions generally.

1937—Subsec. (a). Act Apr. 22, 1937, in third sentence, limited the total liability for all insurance under this section and former section 1026a of this title, not to exceed in the aggregate $100,000,000.

1936—Subsecs. (a) to (d). Act Apr. 3, 1936, amended provisions generally.

Subsec. (e). Act Apr. 17, 1936, added subsec. (e).

1935—Subsec. (a). Act Aug. 23, 1935, substituted “and the purchase and installation of equipment and machinery on real property” for “including the installation of equipment and machinery” in first sentence.

Act May 28, 1935, substituted “April” for “January” in first sentence and inserted “including the installation of equipment and machinery”, and amended generally the last sentence.

Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment

Puspan. L. 110–289, div. B, title I, § 2144(span), July 30, 2008, 122 Stat. 2844, provided that: “The amendment made by subsection (a) [amending this section] shall only apply to loans that are registered or endorsed for insurance after the date of the enactment of this title [July 30, 2008].”

Effective Date of 1990 Amendment

Puspan. L. 101–625, title III, § 340(span)(2), Nov. 28, 1990, 104 Stat. 4147, provided that: “The amendments made by this subsection [amending this section] shall apply to loans executed on or after June 1, 1991.”

Effective Date of 1989 Amendment

Puspan. L. 101–235, title I, § 134(span), Dec. 15, 1989, 103 Stat. 2028, provided that: “The amendment made by subsection (a) [amending this section] shall apply only with respect to—

“(1) violations referred to in the amendment that occur on or after the date of the enactment of this Act [Dec. 15, 1989]; and
“(2) in the case of a continuing violation (as determined by the Secretary of Housing and Urban Development), any portion of a violation referred to in the amendment that occurs on or after such date.”

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 effective Oct. 1, 1981, see section 371 of Puspan. L. 97–35, set out as an Effective Date note under section 3701 of this title.

Effective Date of 1954 Amendment

Act Aug. 2, 1954, ch. 649, title I, § 101(span), 68 Stat. 590, provided that, as used in the amendments made by such act (see 1954 Amendments note above), the words “effective date of the Housing Act of 1954 [Act Aug. 2, 1954]” mean the first day after the first full calendar month following the date of approval of such act (Aug. 2, 1954).

Effective Date of 1950 Amendment

Act Apr. 20, 1950, ch. 94, title I, § 101(span), 64 Stat. 48, provided that “This section [amending this section] shall take effect as of March 1, 1950.”

Effective Date of 1949 Amendment

Act July 15, 1949, ch. 338, title II, § 202, 63 Stat. 421, provided that: “This title [amending this section and sections 1709 and 1738 of this title] shall take effect as of June 30, 1949.”

Effective Date of 1939 Amendment

Act June 3, 1939, ch. 175, § 4, 53 Stat. 805, provided that: “The provisions of sections 1, 2, and 3 of this Act [amending this section and repealing section 1706a of this title] shall take effect on July 1, 1939.”

Effective Date of 1936 Amendment

Act Apr. 3, 1936, ch. 165, § 1, 49 Stat. 1187, provided that the amendment made by that section is effective Apr. 1, 1936.

Inconsistent Laws

Act Aug. 2, 1954, ch. 649, title VIII, § 818, 68 Stat. 648, provided that: “Insofar as the provisions of any other law are inconsistent with the provisions of this Act [see 1954 Short Title note set out under section 1701 of this title], the provisions of this Act shall be controlling.”

Powers and Authorities of Act August 2, 1954 as Cumulative; Separability

Act Aug. 2, 1954, ch. 649, title VIII, § 819, 68 Stat. 648, provided that: “Except as may be otherwise expressly provided in this Act [see Short Title of 1954 Amendments note set out under section 1701 of this title], all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing. Notwithstanding any other evidences of the intention of Congress, it is hereby declared to be the controlling intent of Congress that if any provisions of this Act, or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its application to other persons and circumstances.”

Purposes

Puspan. L. 110–289, div. B, title I, § 2142, July 30, 2008, 122 Stat. 2844, provided that: “The purposes of this subtitle [subtitle B (§§ 2141–2150) of title I of div. B of Puspan. L. 110–289, see Short Title of 2008 Amendment note set out under section 1701 of this title] are—

“(1) to provide adequate funding for FHA-insured manufactured housing loans for low- and moderate-income homebuyers during all economic cycles in the manufactured housing industry;
“(2) to modernize the FHA title I insurance program for manufactured housing loans to enhance participation by Ginnie Mae and the private lending markets; and
“(3) to adjust the low loan limits for title I manufactured home loan insurance to reflect the increase in costs since such limits were last increased in 1992 and to index the limits to inflation.”

Timing

Puspan. L. 110–289, div. B, title I, § 2148(span), July 30, 2008, 122 Stat. 2847, provided that: “Not later than the expiration of the 6-month period beginning on the date of the enactment of this title [July 30, 2008], the Secretary of Housing and Urban Development shall revise the existing underwriting criteria for the program referred to in paragraph (10) of section 2(span) of the National Housing Act [12 U.S.C. 1703(span)(10)] (as added by subsection (a) of this section) in accordance with the requirements of such paragraph.”

“Mobile Home” and “Manufactured Home” To Include “Mobile Homes” and “Manufactured Homes”

Puspan. L. 97–35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417, provided that: “For purposes of paragraphs (1) and (4) of section 308(c) of the Housing and Community Development Act of 1980 [amending sections 1703 and 1713 of this title, and section 5401 et seq. of Title 42, The Public Health and Welfare], the term ‘mobile home’ and the term ‘manufactured home’ shall be deemed to include the term ‘mobile homes’ and the term ‘manufactured homes’, respectively.”

Data Collection and Reporting Procedures Respecting Mean and Median Sales Prices on Manufactured Homes and Lots; Development, Contents, Etc.

Puspan. L. 96–399, title III, § 308(e), Oct. 8, 1980, 94 Stat. 1641, provided that: “Not later than January 1, 1982, the Secretary of Housing and Urban Development shall develop a procedure for collecting and regularly reporting data on the mean and median sales price for new manufactured homes, and, where available, data on the mean and median sales price for manufactured home lots and combination new manufactured home and lot packages. Such reports shall contain, to the maximum extent feasible, sales price information for the Nation, each census region, each State on an annual basis, and selected standard metropolitan statistical areas having sufficient activity on an annual basis.”

Report Respecting Ownership of Mobile Home Sites

Puspan. L. 96–153, title III, § 321, Dec. 21, 1979, 93 Stat. 1119, required the Secretary of Housing and Urban Development to submit a report to Congress by Mar. 31, 1980, containing recommendations for programs and policies which encourage individual ownership of mobile home lots through several methods.

Repayment to Treasury on Capital Account of Subchapter I Insurance Fund

Act Mar. 10, 1953, ch. 5, § 2, 67 Stat. 5, directed the Federal Housing Commissioner to pay out of the capital account of the Title I Insurance Fund to the Secretary of the Treasury, prior to June 30, 1954, the sum of $8,333,313.65 either in one lump sum or in installments, except that the first payment was to be made on July 1, 1953.