§ 1715v.
(c)
Eligibility for insurance; maximum amount of mortgage; terms and conditions
To be eligible for insurance under this section, a mortgage to provide housing for elderly persons shall—
(1)
Repealed. [Pub. L. 93–383, title III, § 304(f)], Aug. 22, 1974, [88 Stat. 678].
(2)
(A)
not exceed, for such part of the property or project as may be attributable to dwelling use (excluding exterior land improvements as defined by the Secretary), $35,978 per family unit without a bedroom, $40,220 per family unit with one bedroom, $48,029 per family unit with two bedrooms, $57,798 per family unit with three bedrooms, and $67,950 per family unit with four or more bedrooms; except that as to projects to consist of elevator-type structures the Secretary may, in his discretion, increase the dollar amount limitations per family unit to not to exceed $40,876 per family unit without a bedroom, $46,859 per family unit with one bedroom, $56,979 per family unit with two bedrooms, $73,710 per family unit with three bedrooms, and $80,913 per family unit with four or more bedrooms, as the case may be, to compensate for the higher costs incident to the construction of elevator-type structures of sound standards of construction and design; (B) the Secretary may, by regulation, increase any of the dollar limitations in subparagraph (A) (as such limitations may have been adjusted in accordance with
section 1712a of this title) by not to exceed 170 percent in any geographical area where the Secretary finds that cost levels so require and by not to exceed 170 percent, or 215 percent in high cost areas, where the Secretary determines it necessary on a project-by-project basis, but in no case may any such increase exceed 90 percent where the Secretary determines that a mortgage purchased or to be purchased by the Government National Mortgage Association in implementing its special assistance functions under section 1720
1
See References in Text note below.
of this title (as such section existed immediately before
November 30, 1983) is involved; (C) the Secretary may, by regulation, increase any of the dollar limitations in subparagraph (A) (as such limitations may have been adjusted in accordance with
section 1712a of this title) by not to exceed 20 per centum if such increase is necessary to account for the increased cost of the project due to the installation therein of a solar energy system (as defined in subparagraph (3) of the last paragraph of
section 1703(a) of this title) or residential energy conservation measures (as defined in section 8211(11)(A) through (G) and (I) of title 42) in cases where the Secretary determines that such measures are in addition to those required under the minimum property standards and will be cost-effective over the life of the measure;
(3)
if executed by a mortgagor which is a public instrumentality or a private nonprofit corporation or association or other acceptable private nonprofit organization regulated or supervised under Federal or State laws or by political subdivisions of States, or agencies thereof, or by the Secretary under a regulatory agreement or otherwise, as to rents, charges, and methods of operation, in such form and in such manner as, in the opinion of the Secretary, will effectuate the purpose of this section, involve a principal obligation not in excess of the amount which the Secretary estimates will be the replacement cost of the property or project when the proposed improvements are completed (the replacement cost may include the land, the proposed physical improvements, utilities within the boundaries of the land, architect’s fees, taxes, interest during construction, and other miscellaneous charges incident to construction and approved by the Secretary): Provided, That in the case of properties other than new construction, the principal obligation shall not exceed the appraised value rather than the Secretary’s estimate of the replacement cost;
(4)
if executed by a mortgagor which is approved by the Secretary but is not a public instrumentality or a private nonprofit organization, involve a principal obligation not in excess (in the case of a property or project approved for mortgage insurance prior to the beginning of construction) of 90 per centum of the amount which the Secretary estimates will be the replacement cost of the property or project when the proposed improvements are completed (the replacement costs may include the land, the proposed physical improvements, utilities within the boundaries of the land, architect’s fees, taxes, interest during construction, and other miscellaneous charges incident to construction and approved by the Secretary, and shall include an allowance for builder’s and sponsor’s profit and risk of 10 per centum of all of the foregoing items except the land unless the Secretary, after certification that such allowance is unreasonable, shall by regulation prescribe a lesser percentage): Provided, That in the case of properties other than new construction the principal obligation shall not exceed 90 per centum of the Secretary’s estimate of the value of the property or project: And provided further, That the Secretary may in his discretion require such mortgagor to be regulated or restricted as to rents or sales, charges, capital structure, rate of return, and methods of operating, and for such purpose the Secretary may make contracts with and acquire for not to exceed $100 such stock or interest in any such mortgagor as the Secretary may deem necessary to render effective such restrictions or regulations; such stock or interest shall be paid for out of the General Insurance Fund and shall be redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance;
(5)
provide for a complete amortization by periodic payments (unless otherwise approved by the Secretary) within such terms as the Secretary shall prescribe;
(6)
bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee; and
(7)
cover a property or project which is approved for mortgage insurance prior to the beginning of construction or rehabilitation, with 50 per centum or more of the units therein specially designed for the use and occupancy of elderly persons in accordance with standards established by the Secretary, and which may include such commercial and special facilities as the Secretary deems adequate to serve the occupants.
([June 27, 1934, ch. 847], title II, § 231, as added [Pub. L. 86–372, title II, § 201(a)], Sept. 23, 1959, [73 Stat. 665]; amended [Pub. L. 87–70, title VI, § 612(m)], June 30, 1961, [75 Stat. 183]; [Pub. L. 88–560, title I, § 107(e)], title II, § 203(c), Sept. 2, 1964, [78 Stat. 776], 784; [Pub. L. 89–117, title II, § 207(e)], title XI, § 1108(l), Aug. 10, 1965, [79 Stat. 467], 505; [Pub. L. 90–19, § 1(a)(3)], (4), May 25, 1967, [81 Stat. 17]; [Pub. L. 90–301, § 3(d)], May 7, 1968, [82 Stat. 114]; [Pub. L. 91–152, title I, § 113(g)], Dec. 24, 1969, [83 Stat. 384]; [Pub. L. 93–383, title III], §§ 303(f), 304(f), Aug. 22, 1974, [88 Stat. 677], 678; [Pub. L. 94–173, § 3], Dec. 23, 1975, [89 Stat. 1027]; [Pub. L. 94–375, § 8(a)], (b)(6), Aug. 3, 1976, [90 Stat. 1071], 1072; [Pub. L. 96–153, title III, § 314], Dec. 21, 1979, [93 Stat. 1117]; [Pub. L. 96–399, title III, § 310(e)], Oct. 8, 1980, [94 Stat. 1642]; [Pub. L. 97–35, title III, § 339B(a)], Aug. 13, 1981, [95 Stat. 417]; [Pub. L. 97–377, title I, § 101(g)], Dec. 21, 1982, [96 Stat. 1908]; [Pub. L. 98–181, title I] [title IV, §§ 404(b)(9), 446(e)], Nov. 30, 1983, [97 Stat. 1209], 1228; [Pub. L. 100–242, title IV, § 426(f)], (h), Feb. 5, 1988, [101 Stat. 1916]; [Pub. L. 102–550, title V, § 509(f)], Oct. 28, 1992, [106 Stat. 3783]; [Pub. L. 107–73, title II, § 213(f)], Nov. 26, 2001, [115 Stat. 677]; [Pub. L. 107–326, § 5(b)(6)], Dec. 4, 2002, [116 Stat. 2795]; [Pub. L. 108–186, title III, § 302(b)], Dec. 16, 2003, [117 Stat. 2692]; [Pub. L. 110–161, div. K, title II, § 221(1)], Dec. 26, 2007, [121 Stat. 2436].)