42 U.S.C. § 1437b
Loans and commitments to make loans for low-income housing projects (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
The Secretary may make loans or commitments to make loans to public housing agencies to help finance or refinance the development, acquisition, or operation of low-income housing projects by such agencies. Any contract for such loans and any amendment to a contract for such loans shall provide that such loans shall bear interest at a rate specified by the Secretary which shall not be less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus one-eighth of 1 per centum. Such loans shall be secured in such manner and shall be repaid within such period not exceeding forty years, or not exceeding forty years from the date of the bonds evidencing the loan, as the Secretary may determine. The Secretary may require loans or commitments to make loans under this section to be pledged as security for obligations issued by a public housing agency in connection with a low-income housing project. The Secretary may issue and have outstanding at any one time notes and other obligations for purchase by the Secretary of the Treasury in an amount which will not, unless authorized by the President, exceed $1,500,000,000. For the purpose of determining obligations incurred to make loans pursuant to this chapter against any limitation otherwise applicable with respect to such loans, the Secretary shall estimate the maximum amount to be loaned at any one time pursuant to loan agreements then outstanding with public housing agencies. Such notes or other obligations shall be in such forms and denominations and shall be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. The notes or other obligations issued under this subsection shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any notes or other obligations of the Secretary issued hereunder and for such purpose is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under such chapter are extended to include any purchases of such obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. At such times as the Secretary may determine, and in accordance with such accounting and other procedures as the Secretary may prescribe, each loan made by the Secretary under subsection (a) that has any principal amount outstanding or any interest amount outstanding or accrued shall be forgiven; and the terms and conditions of any contract, or any amendment to a contract, for such loan with respect to any promise to repay such principal and interest shall be canceled. Such cancellation shall not affect any other terms and conditions of such contract, which shall remain in effect as if the cancellation had not occurred. This paragraph shall not apply to any loan the repayment of which was not to be made using annual contributions, or to any loan all or part of the proceeds of which are due a public housing agency from contractors or others. On , each note or other obligation issued by the Secretary to the Secretary of the Treasury pursuant to subsection (b), together with any promise to repay the principal and unpaid interest that has accrued on each note or obligation, shall be forgiven; and any other term or condition specified by each such obligation shall be canceled. On , and on any subsequent September 30, each such note or other obligation issued by the Secretary to the Secretary of the Treasury pursuant to subsection (b) during the fiscal year ending on such date, together with any promise to repay the principal and unpaid interest that has accrued on each note or obligation, shall be forgiven; and any other term or condition specified by each such obligation shall be canceled. Any amount of budget authority (and contract authority) that becomes available during any fiscal year as a result of the forgiveness of any loan, note, or obligation under this subsection shall be rescinded.
42 U.S.C. § 1437b establishes a federal framework under which the Secretary of Housing and Urban Development may extend loans or loan commitments to public housing agencies for developing, acquiring, or operating low-income housing projects. These loans must carry interest rates tied to comparable U.S. Treasury obligations plus a small additional margin, and repayment periods may extend up to forty years. The statute also provides mechanisms for the Secretary to issue notes to the Treasury to fund these loans, and under specified conditions, outstanding loan principal and interest owed by public housing agencies—as well as the Secretary's own obligations to the Treasury—may be formally forgiven and canceled, with any resulting budget authority automatically rescinded.
Plain English — not legal advice.
Public housing agencies operating under 42 U.S.C. § 1437b are the direct counterparties to these federal loans, not private landlords; however, private owners and developers who partner with or work alongside public housing agencies on low-income housing projects should be aware that the financing structure governing those agencies is shaped by this provision. Compliant public housing agency operators generally maintain contracts that reflect the interest rate floors and repayment schedules the Secretary prescribes, and they track whether any loan forgiveness provisions apply to their outstanding obligations. Understanding the loan and forgiveness framework of § 1437b can inform how development agreements and contractor payment obligations are structured in connection with federally financed low-income housing projects.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of low-income housing projects developed or operated with financing under 42 U.S.C. § 1437b benefit indirectly from this provision, as it governs the federal funding pipeline that supports the public housing agencies managing their homes. While § 1437b does not create direct tenant rights against a landlord, tenants in public housing can raise concerns about the financial management or condition of their housing with their local public housing agency or with HUD. Tenant-rights organizations and legal aid offices familiar with public housing law can help residents understand how the broader financing structure under § 1437b relates to their housing stability and any grievance or complaint processes available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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