which there is located a dwelling designed principally for a one family residence, the principal obligation may be in an amount equa to the sum of (i) 100 per centum of $25,000 of the appraised value of the property as of the date the mortgage is accepted for insurance, and (ii) 95 per centum of such value in excess of $25,000. Notwith standing any other provision of this section, in any case where the dwelling is not approved for mortgage insurance prior to the begin ning of construction, such mortgage shall not exceed 90 per centum of the entire appraised value of the property as of the date the mortgage is accepted for insurance, unless the dwelling was completed more than one year prior to the application for mortgage insurance, or the dwell ing was approved for guaranty, insurance, or a direct loan under chapter 37 of title 38, United States Code, prior to the beginning of construction. As used herein, the term "veteran" means any person who served on active duty in the armed forces of the United States for a period of not less than 90 days (or is certified by the Secretary of Defense as having performed extra-hazardous service), and who was discharged or released therefrom under conditions other than dishonorable.

Notwithstanding any other provision of this paragraph, the amount which may be insured under this section may be increased by up to 20 percent if such increase is necessary to account for the increased cost of the residence due to the installation of a solar energy system (as defined in subparagraph (3) of the last paragraph of section 2(a) of this Act) therein.3

4

(3) Have a maturity satisfactory to the Secretary, but not to exceed, in any event, thirty-five years (or thirty years if such mortgage is not approved for insurance prior to construction) from the date of the beginning of amortization of the mortgage or three-quarters of the Secretary's estimate of the remaining economic life of the building improvements, whichever is the lesser.

(4) Contain complete amortization provisions satisfactory to the Secretary requiring periodic payments by the mortgagor not in excess of his reasonable ability to pay as determined by the Secretary. (5) Bear interest (exclusive of premium charges for insurance, and service charges if any) at not to exceed 5 per centum per annum on the amount of the principal obligation outstanding at any time, or

5

1 Sec. 102(a), Housing and Urban Development Act of 1969, Public Law 91-152 approved December 24, 1969, 83 Stat. 379, substituted "$25,000" for "$20,000". Sec 310(a)(1) of Housing and Community Development Act of 1974, Public Law 93-383, ap proved August 22, 1974, 88 Stat. 633, substituted "$25,000" for "$15,000"; Sec. 310(a) (2) of such Act substituted "$25,000" and "$35,000" for "$15,000" and "$25,000"; Sec 310(a) (3) of such Act substituted "$35,000" for "$25,000"; Sec. 203, Housing and Urbar Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451 466, substituted "80 per centum" for "75 per centum"; also please see footnote No. 4 o previous page.

2 See footnote 6 on previous page.

3 The preceding sentence was added by Sec. 248 (a), National Energy Conservation Polic Act. Pub. Law 95-619, 92 Stat, 3206, approved November 9, 1978.

Immediately prior to amendment by secs. 605 (c) and 612(a), Housing Act of 1961 Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 178, this paragraph read as follows:

(3) Have a maturity satisfactory to the Commissioner, but not to exceed, in any event, thirty years from the date of the insurance of the mortgage or three-quarters of the Com missioner's estimate of the remaining economic life of the building improvements, which ever is the lesser."

Immediately prior to amendment by sec. 106, Housing Act of 1954, Public Law 560, 83d Congress, approved August 2, 1954, 68 Stat. 590, 591, sec. 203(b) (5) read as follows:

"(5) Bear interest (exclusive of premium charges for insurance) at not to exceed 5 per centum per annum on the amount of the principal obligation outstanding at any time, or not to exceed 6 per centum per annum if the Commissioner finds that in certain areas or under special circumstances the mortgage market demands it, or not to exceed 4 per centum per annum in the case of a mortgage insured under paragraph (2) (D) of this subsection, or not to exceed such per centum per annum, not in excess of 5 per centum, as the Commissioner finds necessary to meet the mortgage market."

not to exceed such per centum per annum not in excess of 6 per centum as the Secretary finds necessary to meet the mortgage market.

(6) Provide, in a manner satisfactory to the Secretary, for the application of the mortgagor's periodic payments (exclusive of the amount allocated to interest and to the premium charge which is required for mortgage insurance as hereinafter provided) to amortization of the principal of the mortgage.

(7) Contain such terms and provisions with respect to insurance, repairs, alterations, payment of taxes, default reserves, delinquency charges, foreclosure proceedings, anticipation of maturity, additional and secondary liens, and other matters as the Secretary may in his discretion prescribe.

(8) In the case of a mortgagor who is not the occupant of the property, have a principal obligation not in excess of an amount equal to 85 per centum of the amount computed under the provisions of paragraph (2) of this subsection: Provided, That such 85 per centum limitation shall not be applicable if the mortgagor and mortgagee assume responsibility in a manner satisfactory to the Secretary for the reduction of the mortgage by an amount not less than 15 per centum of the outstanding principal amount thereof in the event the mortgaged property is not, prior to the due date of the eighteenth amortization payment of the mortgage, sold to a purchaser acceptable to the Secretary who is the occupant of the property and who assumes and agrees to pay the mortgage indebtedness.

(9) Be executed by a mortgagor who shall have paid on account of the property (except in a case to which the next to the last sentence of paragraph (2) applies) at least 3 per centum, or such larger amount as the Secretary may determine, of the Secretary's estimate of the cost of acquisition in cash or its equivalent: Provided, That with respect to a mortgage executed by a mortgagor who is sixty years of age or older as of the date the mortgage is endorsed for insurance or with respect to a mortgage meeting the requirements of subsection (i) of this section, or with respect to a mortgage covering a singlefamily home being purchased under the low-income housing demonstration project assisted pursuant to section 207 of the Housing Act of 1961, the mortgagor's payment required by this subsection may be paid by a corporation or person other than the mortgagor under such terms and conditions as the Secretary may prescribe.

(c) 5 The Secretary is authorized to fix premium charges for the insurance of mortgages under the separate sections of this title but in the case of any mortgage such charge shall be not less than an amount equivalent to one-fourth of 1 per centum per annum nor more

1 Added by sec. 101(b) of the Housing Act of 1957, Public Law 85-104, approved July 12, 1957, 71 Stat. 294, 295.

Proviso added by sec. 102(b), Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654. Sec. 206(b), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 466, inserted this parenthetical phrase.

This clause inserted by sec. 204, Housing and Urban Development Act of 1965, Public Law 89-117. approved August 10, 1965, 79 Stat. 451, 466.

Immediately prior to amendment by sec. 606, Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 178, this sentence read as follows:

"The Commissioner is authorized to fix a premium charge for the insurance of mortgages under this title but in the case of any mortgage such charge shall not be less than an amount equivalent to one-half of 1 per centum per annum nor more than an amount equivaent to 1 per centum per annum of the amount of the principal obligation of the mortgage tstanding at any time, without taking into account delinquent payments or prepayments: Provided, That a premium charge so fixed and computed shall also be applicable to each ortgage insured prior to the date of enactment of the National Housing Act Amendments f 1938 in lien of any premium charge which would otherwise become due after such date with respect to such mortgage: Provided further, That in the case of any mortgage described in section 203 (b) (2) (B) and accepted for insurance after such date and prior to July 1, 1939, the premium charge shall be one-fourth of 1 per centum per annum on such outstanding principal obligation."

than an amount equivalent to 1 per centum per annum of the amount of the principal obligation of the mortgage outstanding at any time, without taking into account delinquent payments or prepayments "Provided, That premium charges fixed for insurance under subsections (n) and (k) are not required to be the same as the premium charges for mortgages insured under the other provisions of this section, but in no case shall premium charges under subsection (n) or (k) exceed 1 per centum per annum 3: Provided, That any reduced premium charge so fixed and computed may, in the discretion of the Secretary, also be made applicable in such manner as the Secretary shall prescribe to each insured mortgage outstanding under the section or sections involved a the time the reduced premium charge is fixed. Such premium charges shall be payable by the mortgagee, either in cash, or in debentures issued by the Secretary under this title at par plus accrued interest, in such manner as may be prescribed by the Secretary: Provided That deben tures presented in payment of premium charges shall represent obliga tions of the particular insurance fund or account to which such pre mium charges are to be credited: Provided further, That the Secretary may require the payment of one or more such premium charges at the time the mortgage is insured, at such discount rate as he may prescrib not in excess of the interest rate specified in the mortgage. If the Secretary finds upon the presentation of a mortgage for insurance and the tender of the initial premium charge or charges so required that the mortgage complies with the provisions of this section, such mortgage may be accepted for insurance by endorsement or otherwise as the Secretary may prescribe; but no mortgage shall be accepted for insurance under this section unless the Secretary finds that the project with respect to which the mortgage is executed is economically sound. In the event that the principal obligation of any mortgage accepted for insurance under this title is paid in full prior to the maturity date, the Secretary is further authorized in his discretion to require the payment by the mortgagee of an adjusted premium charge in such amount as the Secretary determines to be equitable but not in excess of the aggregate amount of the premium charges that the mortgagee would otherwise have been required to pay if the mortgage had continued to be insured until such maturity date; and in the event that the principal obligation is paid in full as herein se forth, the Secretary is authorized to refund to the mortgagee for th account of the mortgagor all, or such portion as he shall determin to be equitable, of the current unearned premium charges theretofor paid.

(d) Repealed.

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(e) Any contract of insurance heretofore or hereafter executed by

1 Sec. 101 (c) (2) of the Housing and Community Development Amendments of 1978 P.L. 95-557, 92 Stat. 2080 (1978), added subsection (k) to this proviso:

3 Id.

3 This sentence added by Housing and Community Development Act of 1977, Public Lav 95-128, approved October 12, 1977.

4 This proviso added by sec. 107 of the Housing Act of 1954, Public Law 560, 83 Congress, approved August 2, 1954, 68 Stat. 590, 592.

5 Sec. 612(a)(2), Housing Act of 1961, Public Law 87-70, approved June 30, 1961 75 Stat. 149, 180, added "or account."

Subsec. (d) of sec. 203 repealed by sec. 106 of the Housing Act of 1957, Public Lav 85-104, approved July 12, 1957, 71 Stat. 294, 297.

7 Immediately prior to amendment by sec. 102(b), Housing Act of 1961. Public Lay 87-70, approved June 30, 1961, 75 Stat. 149. 157. section 203 (e) read as follows: "(e) Any contract of insurance heretofore or hereafter executed by the Commissioner under this title shall be conclusive evidence of the eligibility of the mortgage for insurance. and the validity of any contract of insurance so executed shall be incontestable in the hands of an approved mortgagee from the date of the execution of such contract, except for fraud or misrepresentation on the part of such approved mortgagee."

the Secretary under this title shall be conclusive evidence of the eligibility of the loan or mortgage for insurance, and the validity of any contract of insurance so executed shall be incontestable in the hands of an approved financial institution or approved mortgagee from the date of the execution of such contract, except for fraud or misrepresentation on the part of such approved financial institution. or approved mortgagee.

(f) Repealed.1

(g) Repealed.1

(h) 2 Notwithstanding any other provision of this section, the Secretary is authorized to insure any mortgage which involves a principal obligation not in excess of $14,400 and not in excess of 100 per centum of the appraised value of a property upon which there is located a dwelling designed principally for a single-family residence, where the mortgagor is the owner and occupant and establishes (to the satisfaction of the Secretary) that his home which he occupied as an owner or as a tenant was destroyed or damaged to such an extent that reconstruction is required as a result of a flood, fire, hurricane, earthquake, storm, riot or civil disorder, or other catastrophe, which the President, pursuant to section 102 (2) and 301 of the Disaster Relief Act of 1974, has determined to be a major disaster.

(i) The Secretary is authorized to insure under this section, any mortgage meeting the requirements of subsection (b) of this section, except as modified by this subsection, which involves a principal obligation not in excess of 75 per centum of the limit on the principal obligation applicable to a one-family residence under subsection

Repealed by sec. 109. Housing Act of 1954, Public Law 560, 83d Congress, approved August 2, 1954, 68 Stat. 590, 592.

Added by sec. 110, Housing Act of 1954, Public Law 560, 83d Congress, approved August 2, 1954, 68 Stat. 590, 592.

Sec. 113(a)(2). Housing and Urban Development Act of 1969. Public Law 91-152, approved December 24, 1969, 83 Stat. 379, 383, substituted "$14,400" for "$12,000". See 1106(d), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968. 82 Stat. 476, 567, inserted "riot or civil disorder,"

See. 301(c). Disaster Relief Act of 1970, Public Law 91-606, approved December 31, 1970, 84 Stat. 1744, 1758, deleted at this point the reference to Federal disaster assistance under Public Law 875, 81st Congress, and substituted the reference to sec. 102(1) of the Disaster Relief Act of 1970. Sec. 602 (c) of the Disaster Relief Act of 1974, Public Law 93-288, 88 Stat. 143, approved May 22, 1974, substituted "sections 102 (2) and 301 of Disaster Relief Act of 1974" for "section 102(1) of the Disaster Relief Act of 1970". Subsec. 203 (1) amended to read as set forth in the text by sec. 103 Housing Act of 1959. Public Law 86-372, approved September 23, 1959, 73 Stat. 654. 655, except that see 317, Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 512, substituted "$13,500" for "$12,500", and sec. 205, Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 466, substituted "$12,500" for "$11,000".

Immediately prior to amendment by sec. 103, Housing Act of 1959, subsection 203 (1) read as follows:

"(1) The Commissioner is authorized to insure under this section, any mortgage meeting the requirements of subsection (b) of this section, except as modified by this subsection. which involves a principal obligation not in excess of $8,000 and not in excess of 97 per rentum of the appraised value of a property located in an area where the Commissioner fads it is not practicable to obtain conformity with many of the requirements essential to the insurance of mortgages on housing in built-up urban areas, upon which there is located dwelling designed principally for a single family residence, and which is approved for mortgage insurance prior to the beginning of construction: Provided, That if the mortgagor is not the occupant of the property at the time of insurance, the principal obligation of the mortgage shall not exceed 85 per centum of the appraised value of the property: Provided further, That the Commissioner finds that the property with respect to which the mortgage is executed is an acceptable risk, giving consideration to the need for providing adequate housing for families of low and moderate income particularly in suburban and outlying areas or small communities: Provided further. That under the foregoing provisions of this subsection the Commissioner is authorized to insure any mortgage issued with respect to the construction of a farm home on a plot of land five or more acres in size adjacent to public highway, the total amount of insurance outstanding at any one time under this proviso not to exceed $100,000,000."

(b) of this section and not in excess of 97 per centum (or, in any case where the dwelling is not approved for mortgage insurance prior to the beginning of construction, unless the construction of the dwelling was completed more than one year prior to the application for mortgage insurance or the dwelling was approved for guaranty, insurance, or direct loan under chapter 37 of title 38, United States Code, prior to the beginning of construction, 90 per centum) of the appraised value of a property located in an area where the Secretary finds it is not practicable to obtain conformity with many of the requirements essential to the insurance of mortgages on housing in built-up urban areas, upon which there is located a dwelling designed principally for a single-family residence: Provided, That if the mortgagor is not the occupant of the property at the time of insurance, the principal obligation of the mortgage shall not exceed 85 per centum of the appraised value of the property: Provided further, That the Secretary finds that the property with respect to which the mortgage is executed is an acceptable risk, giving consideration to the need for providing adequate housing for families of low and moderate income particularly in suburban and outlying areas or small communities: Provided further, That under the foregoing provisions of this subsection the Secretary is authorized to insure any mortgage issued with respect to a farm home on a plot of land five or more acres in size adjacent to a public highway.

(j) 2 Loans secured by mortgages insured under this section shall not be taken into account in determining the amount of real estate loans which a national bank may make in relation to its capital and surplus or its time and savings deposits.

3

(k) (1) The Secretary may, in order to assist in the rehabilitation of one to four-family structures used primarily for residential purposes, insure and make commitments to insure rehabilitation loans (including advances made during rehabilitation) made by financial institutions on and after 180 days following the date of the enactment of the Housing and Community Development Amendments of 1978 Such commitments to insure and such insurance shall be made upon such terms and conditions which the Secretary may prescribe and which are consistent with the provisions of subsections (b), (c), (e). (i) and (j) of this section, except as modified by the provisions of this subsection.

(2) For the purpose of this subsection

(A) the term "rehabilitation loan" means a loan, advance of credit, or purchase of an obligation representing a loan or advance of credit, made for the purpose of financing

(i) the rehabilitation of an existing one- to four-unit

1 Sec. 113 (a) (3). Housing and Urban Development Act of 1960, Public Law 91-152, approved December 24, 1969. 83 Stat. 379, 383, substituted "$16,200" for "$13.500" Hous ing and Comiounity Development Act of 1977, Public Law 95-128, approved October 12, 1977, deleted "$16.200" and inserted "75 per centum of the limit on the principal obligation applicable to a one-family residence under subsection (b) of this section."

2 Added by sec. 809. Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654, 688.

3 Housing and Community Development Amendments of 1978. sec. 101 (c) (1). Public Law 95-557, 92 Stat. 2080 (1978), amending Housing Act of 1961, sec. 102(b), Public Law 87-70, 75 Stat. 149 (1961).