---
kind: "section"
citation: "25 U.S.C. § 4228"
title: "25"
title_heading: "Indians"
number: "4228"
heading: "Affordable housing activities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4228"
units:
  - "Chapter 43 — Native American Housing Assistance and Self-Determination"
  - "Subchapter VIII — Housing Assistance for Native Hawaiians"
---

# §4228. Affordable housing activities

- (a) **1 National objectives and eligible families—**
  - (1) **Primary objective—** The national objectives of this subchapter are—
    - (A) to assist and promote [affordable housing](/usc/25/4103.md?p=2) activities to develop, maintain, and operate [affordable housing](/usc/25/4103.md?p=2) in safe and healthy environments for occupancy by low-[income](/usc/25/4103.md?p=9) [Native Hawaiian](/usc/25/4221.md?p=9) [families](/usc/25/4103.md?p=6);
    - (B) to ensure better access to private mortgage markets and to promote self-sufficiency of low-[income](/usc/25/4103.md?p=9) [Native Hawaiian](/usc/25/4221.md?p=9) [families](/usc/25/4103.md?p=6);
    - (C) to coordinate activities to provide housing for low-[income](/usc/25/4103.md?p=9) [Native Hawaiian](/usc/25/4221.md?p=9) [families](/usc/25/4103.md?p=6) with Federal, [State](/usc/25/4103.md?p=21), and local activities to further economic and community development;
    - (D) to plan for and integrate infrastructure resources on the [Hawaiian Home Lands](/usc/25/4221.md?p=4) with housing development; and
    - (E) to—
      - (i) promote the development of private capital markets; and
      - (ii) allow the markets referred to in [clause (i)](#a-1-E-i) to operate and grow, thereby benefiting [Native Hawaiian](/usc/25/4221.md?p=9) communities.
  - (2) **Eligible families—**
    - (A) **In general—** Except as provided under [subparagraph (B)](#a-2-B), assistance for eligible housing activities under this subchapter shall be limited to low-[income](/usc/25/4103.md?p=9) [Native Hawaiian](/usc/25/4221.md?p=9) [families](/usc/25/4103.md?p=6).
    - (B) **Exception to low-income requirement—**
      - (i) **In general—** The [Director](/usc/25/4221.md?p=2) may provide assistance for homeownership activities under—
        - (I) [section 4229(b) of this title](/usc/25/4229.md?p=b);
        - (II) model activities under [section 4229(f) of this title](/usc/25/4229.md); or
        - (III) loan guarantee activities under [section 1715z–13b of title 12](/usc/12/1715z–13b.md) to [Native Hawaiian](/usc/25/4221.md?p=9) [families](/usc/25/4103.md?p=6) who are not [low-income families](/usc/25/4103.md?p=14), to the extent that the [Secretary](/usc/25/4103.md?p=20) approves the activities under that section to address a need for housing for those [families](/usc/25/4103.md?p=6) that cannot be reasonably met without that assistance.
      - (ii) **Limitations—** The [Secretary](/usc/25/4103.md?p=20) shall establish limitations on the amount of assistance that may be provided under this subchapter for activities for [families](/usc/25/4103.md?p=6) that are not [low-income families](/usc/25/4103.md?p=14).
    - (C) **Other families—** Notwithstanding [paragraph (1)](#a-1), the [Director](/usc/25/4221.md?p=2) may provide housing or housing assistance provided through [affordable housing](/usc/25/4103.md?p=2) activities assisted with grant amounts under this subchapter to a [family](/usc/25/4103.md?p=6) that is not composed of [Native Hawaiians](/usc/25/4221.md?p=9) if—
      - (i) the [Department](/usc/25/4221.md?p=1) determines that the presence of the [family](/usc/25/4103.md?p=6) in the housing involved is essential to the well-being of [Native Hawaiian](/usc/25/4221.md?p=9) [families](/usc/25/4103.md?p=6); and
      - (ii) the need for housing for the [family](/usc/25/4103.md?p=6) cannot be reasonably met without the assistance.
    - (D) **Preference—**
      - (i) **In general—** A [housing plan](/usc/25/4221.md?p=7) submitted under [section 4223 of this title](/usc/25/4223.md) may authorize a preference, for housing or housing assistance provided through [affordable housing](/usc/25/4103.md?p=2) activities assisted with grant amounts provided under this subchapter to be provided, to the extent practicable, to [families](/usc/25/4103.md?p=6) that are eligible to reside on the [Hawaiian Home Lands](/usc/25/4221.md?p=4).
      - (ii) **Application—** In any case in which a [housing plan](/usc/25/4221.md?p=7) provides for preference described in [clause (i)](#a-2-D-i), the [Director](/usc/25/4221.md?p=2) shall ensure that housing activities that are assisted with grant amounts under this subchapter are subject to that preference.
    - (E) **Use of nonprofit organizations—** As a condition of receiving grant amounts under this subchapter, the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1), shall to the extent practicable, provide for private [nonprofit](/usc/25/4103.md?p=17) organizations experienced in the planning and development of [affordable housing](/usc/25/4103.md?p=2) for [Native Hawaiians](/usc/25/4221.md?p=9) to carry out [affordable housing](/usc/25/4103.md?p=2) activities with those grant amounts.

## Footnotes

[^1]: So in original. No subsec. (b) has been enacted.

## Source credit

(Pub. L. 104–330, title VIII, § 809, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2979.)

## Notes

### Editorial Notes

### Codification

Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 809 of Pub. L. 104–330. This section is based on the text of section 809 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.