--- kind: "section" citation: "12 U.S.C. § 4111" title: "12" title_heading: "Banks and Banking" number: "4111" heading: "Mandatory sale for housing exceeding Federal cost limits" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/12/4111" units: - "Chapter 42 — Low-Income Housing Preservation and Resident Homeownership" - "Subchapter I — Prepayment of Mortgages Insured under National Housing Act" --- # §4111. Mandatory sale for housing exceeding Federal cost limits - (a) **In general—** With respect to any [eligible low-income housing](/usc/12/4119.md?p=1) for which the aggregate preservation rents determined under [section 4104(b) of this title](/usc/12/4104.md?p=b) exceed the [Federal cost limit](/usc/12/4119.md?p=2), the [owner](/usc/12/4119.md?p=7) shall offer the housing for sale to [qualified purchasers](/usc/12/4121.md?p=b) as provided in this section. - (b) **Right of first refusal to priority purchasers—** - (1) **Duration and required sale—** For the 12-month period beginning upon the receipt by the [Secretary](/usc/12/4119.md?p=10) of the second notice of intent under [section 4106(d) of this title](/usc/12/4106.md?p=d) with respect to such housing, the [owner](/usc/12/4119.md?p=7) of the housing may offer to sell and may sell the housing only to [priority purchasers](/usc/12/4121.md?p=a). If, during such period, a [priority purchaser](/usc/12/4121.md?p=a) makes a bona fide offer to purchase the housing for a sale price not less than the [preservation value](/usc/12/4119.md?p=9) of the housing determined under [section 4103(b)(2) of this title](/usc/12/4103.md?p=b-2), the [Secretary](/usc/12/4119.md?p=10) shall require the [owner](/usc/12/4119.md?p=7) to sell the housing pursuant to such offer. - (2) **Expression of interest—** During the period under [paragraph (1)](#b-1), [priority purchasers](/usc/12/4121.md?p=a) shall have the opportunity to submit written notice to the [owner](/usc/12/4119.md?p=7) and the [Secretary](/usc/12/4119.md?p=10) stating their interest in acquiring the housing. Such written notice shall be in such form and include such information as the [Secretary](/usc/12/4119.md?p=10) may prescribe. - (3) **Information from Secretary—** Not later than 30 days after receipt of any notice under [paragraph (2)](#b-2), the [Secretary](/usc/12/4119.md?p=10) shall provide such purchaser with information on the assistance available from the Federal Government to facilitate a transfer and the [owner](/usc/12/4119.md?p=7) shall provide such purchaser with appropriate information on the housing, as determined by the [Secretary](/usc/12/4119.md?p=10). - (c) **Right of refusal for other qualified purchasers—** If no bona fide offer to purchase any [eligible low-income housing](/usc/12/4119.md?p=1) subject to this section that meets the requirements of [subsection (b)](#b) is made during the period under such subsection, during the 3-month period beginning upon the expiration of the 12-month period under [subsection (b)(1)](#b-1), the [owner](/usc/12/4119.md?p=7) of the housing may offer to sell and may sell the housing only to [qualified purchasers](/usc/12/4121.md?p=b). If, during such period, a [qualified purchaser](/usc/12/4121.md?p=b) makes a bona fide offer to purchase the housing for a sale price not less than the [preservation value](/usc/12/4119.md?p=9) of the housing determined under [section 4103(b)(2) of this title](/usc/12/4103.md?p=b-2), the [Secretary](/usc/12/4119.md?p=10) shall require the [owner](/usc/12/4119.md?p=7) to sell the housing pursuant to such offer. - (d) **Assistance—** - (1) **Federal cost limit—** Subject to the availability of amounts approved in appropriations Acts, the [Secretary](/usc/12/4119.md?p=10) shall, for approvable plans of action, provide to [qualified purchasers](/usc/12/4121.md?p=b) assistance under [section 1437f of title 42](/usc/42/1437f.md) sufficient to produce a gross income potential equal to the amount determined by multiplying 120 percent of the prevailing rents in the relevant local market area in which the housing is located by the number of units in the project (according to appropriate unit sizes), and any other incentives authorized under [section 4109(b) of this title](/usc/12/4109.md?p=b) that would have been provided to a [qualified purchaser](/usc/12/4121.md?p=b) under [section 4110 of this title](/usc/12/4110.md). - (2) **Additional assistance—** From amounts made available under [section 4124(b) of this title](/usc/12/4124.md?p=b), the [Secretary](/usc/12/4119.md?p=10) may make grants to assist in the completion of sales and transfers under this section to any [qualified purchasers](/usc/12/4121.md?p=b). Any grant under this paragraph shall be in an amount not exceeding the difference between the [preservation value](/usc/12/4119.md?p=9) for the housing (determined under [section 4103(b)(2) of this title](/usc/12/4103.md?p=b-2)) and the level of assistance under paragraph (1) of this subsection. - (3) **Securing State and local funding—** The [Secretary](/usc/12/4119.md?p=10) shall assist any [qualified purchaser](/usc/12/4121.md?p=b) of such housing in securing funding and other assistance (including tax and assessment reductions) from [State](/usc/12/1707.md?p=d) and local governments to facilitate a sale under this section. ## Source credit (Pub. L. 100–242, title II, § 221, as added Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4259; amended Pub. L. 102–550, title III, § 317(a)(3), Oct. 28, 1992, 106 Stat. 3772.) ## Notes ### Editorial Notes ### Amendments 1992—Subsec. (c). Pub. L. 102–550 substituted “than” for “that” before “the preservation”.