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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 12 U.S.C. § 4121 Definitions of qualified and priority purchaser and related party rule us united_states_code code_section 12 BANKS AND BANKING 42 LOW-INCOME HOUSING PRESERVATION AND RESIDENT HOMEOWNERSHIP 4121 12 U.S.C. § 4121 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip /us/usc/t12/s4121 data/legal/raw/us/code/title-12/usc12.xml 54ec682d6f121135c8f42d8ef1a3b1c3235656101ab8131ab828e8c6da2c10e8 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 67ce78278e0404ad5d06726725105985bef6f464c4d87ad937fab0e956d35f11 2026-07-04 official
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12 U.S.C. § 4121 - Definitions of qualified and priority purchaser and related party rule

Text

(a) Priority purchaser The term “priority purchaser” means (A) a resident council organized to acquire the housing in accordance with a resident homeownership program that meets the requirements of section 4121 11 So in original. Probably should be section “4116”. of this title; and (B) any nonprofit organization or State or local agency that agrees to maintain low-income affordability restrictions for the remaining useful life of the housing (as determined under section 4112(d) 22 So in original. Probably should be section “4112(c)”. of this title).

(b) Qualified purchaser The term “qualified purchaser” means any entity that agrees to maintain low-income affordability restrictions for the remaining useful life of the housing (as determined under section 4112(c) of this title), and includes for-profit entities and priority purchasers.

(c) Related parties Except as provided in subsection (d), the terms “qualified purchaser” and “priority purchaser” do not include any entity that, either directly or indirectly, is wholly or partially owned or controlled by the owner of the housing being transferred under this subchapter, is under whole or partial common control with such owner, or has any financial interest in such owner or in which such owner has any financial interest. The Secretary shall issue any regulations appropriate to implement the preceding sentence.

(d) Management exception A qualified purchaser shall not be precluded from retaining as a property management entity a company that is owned or controlled by the selling owner or a principal thereof if retention of the management company is neither a condition of sale nor part of consideration paid for sale and the property management contract is negotiated by the qualified purchaser on an arms length basis.

(Pub. L. 100242, title II, § 231, as added Pub. L. 101625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4273; amended Pub. L. 102550, title III, § 317(a)(6), Oct. 28, 1992, 106 Stat. 3772.)

Notes

Editorial Notes

Amendments1992—Subsec. (b). Pub. L. 102550 substituted “4112(c)” for “4112(d)”.