Pub. L. 102-238, tit. VI, sec. 604

PREVENTION OF SPECULATION ON ELIGIBLE SINGLE FAMILY PROPERTY.

EnactedYear: 1991Length: 510 wordsOfficial source
SEC. 604. PREVENTION OF SPECULATION ON ELIGIBLE SINGLE FAMILY PROPERTY. (a) Residency Requirements.— (1) Qualifying households.— Section 21A(c)(9)(K) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(c)(9)(K)) is amended by striking “and (ii) whose adjusted income” and inserting the following: “(ii) who agrees to occupy the property as a principal residence for at least 12 months (except as provided in paragraph (2)(D)); (iii) who certifies in writing that the household intends to occupy the property as a principal residence for at least 12 months (except as provided in paragraph (2)(D)); and (iv) whose income”. (2) Lower-income families.— The first sentence of section 21A(c)(2)(B) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(c)(2)) is amended by striking “by such families.” and inserting the following: “by any such family who, except as provided in subparagraph (D), agrees to occupy the property as a principal residence for at least 12 months and who certifies in105 STAT. 1780 writing that the family intends to occupy the property for at least 12 months.”, (b) Recapture Of Profits From Resale.— Section 21A(c)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(c)(2)) is amended by adding at the end the following new subparagraphs: “(C) Recapture of profits from resale.— Except as provided in subparagraph (D), if any eligible single family property sold (i) to a qualif5dng household, or (ii) to a lower-income family pursuant to subparagraph (B)(ii)(H), paragraph (12)(C)(i), or paragraph (13)(B), is resold by the qualifying household or lower-income family during the 1-year period beginning upon initial acquisition by the household or lower-income family, the Corporation shall recapture 75 percent of the amount of any proceeds from the resale that exceed the sum of (I) the original sale price for the acquisition of the property by the qualifying household or lower-income family; (II) the costs of any improvements to the property made after the date of the acquisition, and (III) any closing costs in connection with the acquisition. “(D) Exceptions to recapture requirement.— “(i) Relocation.— The Corporation (or its successor) may in its discretion waive the applicability (I) to any qualifying household of the requirement under subparagraph (C) and the requirements relating to residency of a qualifying household under paragraphs (9)(L)(ii) and (iii), and (II) to any lower-income family of the requirement under subparagraph (C) and the residency requirements under subparagraph (B)(ii)(II). The Corporation may grant any such a waiver only for good cause shown, including any necessary relocation of the qualifying household or lower-income family. “(ii) Other recapture provisions.— The requirement under subparagraph (C) shall not apply to any eligible single family property for which, upon resale by the qualifying household or lower-income family during the 1-year period beginning upon initial acquisition by the household or family, a portion of the sale proceeds or any subsidy provided in connection with the acquisition of the property by the household or family is required to be recaptured or repaid under any other Federal, State, or local law (including section 143(m) of the Internal Revenue Code of 1986) or regulation or under any sale agreement.”.
Pub. L. 102-238, tit. VI, sec. 604: PREVENTION OF SPECULATION ON ELIGIBLE SINGLE FAMILY PROPERTY. | Justis AI