12 U.S.C. § 4122 — Preemption of State and local laws

FEDERAL · 12 U.S.C. · Chapter SUBCHAPTER I—PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT

Preemption of State and local laws

12 U.S.C. § 4122

ChapterSUBCHAPTER I—PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT

This text of 12 U.S.C. § 4122 (Preemption of State and local laws) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

12 U.S.C. § 4122.

Text

(a)In general No State or political subdivision of a State may establish, continue in effect, or enforce any law or regulation that—

(1)restricts or inhibits the prepayment of any mortgage described in section 4119(1) of this title (or the voluntary termination of any insurance contract pursuant to section 1715t of this title) on eligible low income housing;

(2)restricts or inhibits an owner of such housing from receiving the authorized annual return provided under section 4104 of this title;

(3)is inconsistent with any provision of this subchapter, including any law, regulation, or other restriction that limits or impairs the ability of any owner of eligible low income housing to receive incentives authorized under this subchapter (including authorization to increase rental rates, tra

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(a) In general
No State or political subdivision of a State may establish, continue in effect, or enforce any law or regulation that—
(1) restricts or inhibits the prepayment of any mortgage described in section 4119(1) of this title (or the voluntary termination of any insurance contract pursuant to section 1715t of this title) on eligible low income housing;
(2) restricts or inhibits an owner of such housing from receiving the authorized annual return provided under section 4104 of this title;
(3) is inconsistent with any provision of this subchapter, including any law, regulation, or other restriction that limits or impairs the ability of any owner of eligible low income housing to receive incentives authorized under this subchapter (including authorization to increase rental rates, transfer the housing, obtain secondary financing, or use the proceeds of any of such incentives); or
(4) in its applicability to low-income housing is limited only to eligible low-income housing for which the owner has prepaid the mortgage or terminated the insurance contract.
Any law, regulation, or restriction described under paragraph (1), (2), (3), or (4) shall be ineffective and any eligible low-income housing exempt from the law, regulation, or restriction, only to the extent that it violates the provisions of this subsection.
(b) Effect
This section shall not prevent the establishment, continuing in effect, or enforcement of any law or regulation of any State or political subdivision of a State not inconsistent with the provisions of this subchapter, such as any law or regulation relating to building standards, zoning limitations, health, safety, or habitability standards for housing, rent control, or conversion of rental housing to condominium or cooperative ownership, to the extent such law or regulation is of general applicability to both housing receiving Federal assistance and nonassisted housing. This section shall not preempt, annul, or alter any contractual restrictions or obligations existing before November 28, 1990, that prevent or limit an owner of eligible low-income housing from prepaying the mortgage on the housing (or terminating the insurance contract on the housing).

Forest Park Ii, a Minnesota Limited Partnership v. Katherine Hadley, in Her Capacity as Commissioner of the Minnesota Housing Finance Agency City of Forest Lake, Minnesota Minnesota Metropolitan Council Forest Part II Tenants Association Richard Psyck Jeremy Cahill Cassandra Johnson Tara Wood Dawn Byland Nicole Cook John Hill Teressa Barnett Jennifer Rauito Margie Barnett Carolyn Brown Anthony Wallin Gwen Beto Christine Green Andrew Clover Diana Dehn, Debra Renollet Jesse Rose Nathan Malchow Loann Matheson Crystal Olson Tammy Breidel Tamara Boyer Travis Wiosky Andrew Schneider, Jason Wilkinson Susan Eidet Deana Schwefel Jon Hatanpa Linnea Cook Patricia Thompson Aleeta Gelbmann Derek Sagerer Cheryl Mitchell Alyce Reed Kimberly Turcotte Rachael Nelson Constance Letourneau Teresa White Mary Bartel Lindsay Stumm Anthony Minwegen Janson Rossell Orenna Powell Antoinett Smith Nicole Kichler Paul Henry Petranell Berggren Craig Metcalf Tammy Russ Susan Trudeau Joseph Greene Tammy Sanz Nicholas Theis Megan Theis, Family Housing Fund, Intervenor/appellee. California Coalition for Rural Housing, Amicus on Behalf of Troy Durant Jeannette Forga v. Katherine Hadley, in Her Capacity as Commissioner of the Minnesota Housing Finance Agency City of Forest Lake, Minnesota Minnesota Metropolitan Council Forest Part II Tenants Association Richard Psyck Jeremy Cahill Cassandra Johnson Tara Wood Dawn Byland Nicole Cook John Hill Teressa Barnett Jennifer Rauito Margie Barnett Carolyn Brown Anthony Wallin Gwen Beto Christine Green Andrew Clover Diana Dehn, Debra Renollet Jesse Rose Nathan Malchow Loann Matheson Crystal Olson Tammy Breidel Tamara Boyer Travis Wiosky Andrew Schneider, Jason Wilkinson Susan Eidet Deana Schwefel Jon Hatanpa Linnea Cook Patricia Thompson Aleeta Gelbmann Derek Sagerer Cheryl Mitchell Alyce Reed Kimberly Turcotte Rachael Nelson Constance Letourneau Teresa White Mary Bartel Lindsay Stumm Anthony Minwegen Janson Rossell Orenna Powell Antoinett Smith Nicole Kichler Paul Henry Petranell Berggren Craig Metcalf Tammy Russ Susan Trudeau Joseph Greene Tammy Sanz Nicholas Theis Megan Theis, Family Housing Fund, Intervenor/appellee. California Coalition for Rural Housing, Amicus on Behalf Of

336 F.3d 724 (Eighth Circuit, 2003)

Responsibility of Agencies to Pay Attorney's Fee Awards Under the Equal Access to Justice Act

(Office of Legal Counsel, 2007)

Source Credit

History

(Pub. L. 100–242, title II, §232, as added Pub. L. 101–625, title VI, §601(a), Nov. 28, 1990, 104 Stat. 4273; amended Pub. L. 102–550, title III, §311, Oct. 28, 1992, 106 Stat. 3765.)

Editorial Notes

Editorial Notes

Amendments
1992—Subsec. (b). Pub. L. 102–550 substituted ", such as any law or regulation" for "and" after "subchapter".

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Bluebook (online)

12 U.S.C. § 4122, Counsel Stack Legal Research, https://law.counselstack.com/usc/12/4122.

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Editorial Notes

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