--- kind: "section" citation: "42 U.S.C. § 5511" title: "42" title_heading: "The Public Health and Welfare" number: "5511" heading: "Federally assisted or federally constructed housing" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/5511" units: - "Chapter 71 — Solar Energy" - "Subchapter I — Heating and Cooling" --- # §5511. Federally assisted or federally constructed housing - (a) **Maximum dollar amount of federally assisted mortgage loan or maximum per unit or other cost or floor area limitation of federally constructed housing—** - (1) In determining the maximum dollar amount of any federally assisted mortgage loan (as defined in [subsection (b)](#b)) or the maximum per unit or other cost or floor area limitation of any federally constructed housing (as defined in [subsection (c)](#c)), where the law establishing the program under which the loan is made or the housing is constructed specifies such maximum per unit or other cost on floor area limitation and the structure involved is furnished with [solar heating](/usc/42/5502.md?p=1) or [combined solar heating and cooling](/usc/42/5502.md?p=2) equipment under the demonstration program established by section [5503](/usc/42/5503.md), [5504](/usc/42/5504.md), or [5507](/usc/42/5507.md) of this title, the maximum amount or cost or floor area limitation so specified which is applicable to such structure shall be deemed to be increased by the amount by which (as determined by the [Secretary](/usc/42/5502.md?p=5) or the [Secretary](/usc/42/5502.md?p=5) of Defense, as appropriate) the price or cost or floor area limitation of the structure including such [solar heating](/usc/42/5502.md?p=1) or [combined solar heating and cooling](/usc/42/5502.md?p=2) equipment exceeds the price or cost or floor area limitation of the structure with such equipment replaced by conventional heating equipment or conventional heating and cooling equipment (as the case may be). - (2) In addition, in the case of a federally assisted mortgage loan, the cost excess specified in [subsection (a)](#a) shall be fully taken into account in determining the value or cost of the structure involved for purposes of applying any statutory provision specifying the maximum loan-to-value or -cost ratio; except that, if the law specifies different rates of downpayment for successive increments of such value or cost, the lowest such rate shall apply to the additional cost attributable to the [solar heating](/usc/42/5502.md?p=1) or [combined solar heating and cooling](/usc/42/5502.md?p=2) equipment, and such equipment shall otherwise be excluded in determining the total value or cost of the structure. - (b) **“Mortgage loan” and “federally assisted mortgage loan” defined—** As used in [subsection (a)](#a), the term “mortgage loan” means a loan which is made to finance the purchase or [construction](/usc/42/300s–3.md?p=7) of a residence or any other building or structure; and the term “federally assisted mortgage loan” means a mortgage loan which— - (1) is made in whole or in part by any lender the deposits or accounts of which are insured by any [agency](/usc/42/8262.md?p=1) of the Federal Government, or is made in whole or in part by any lender which is itself regulated by any [agency](/usc/42/8262.md?p=1) of the Federal Government; or - (2) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the [Secretary](/usc/42/5502.md?p=5) or any other officer or [agency](/usc/42/8262.md?p=1) of the Federal Government or under or in connection with a housing, urban development, or related program administered by the [Secretary](/usc/42/5502.md?p=5) or a housing or related program administered by any other such officer or [agency](/usc/42/8262.md?p=1); or - (3) is eligible for purchase by the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage [Corporation](/usc/42/2297h.md?p=2), or from any financial institution from which it could be purchased by the Federal Home Loan Mortgage [Corporation](/usc/42/2297h.md?p=2); or - (4) is made in whole or in part by any “creditor,” as defined in [section 1602(f)](/usc/42/1602.md)[^1] of title 15, who makes or invests in residential real estate loans aggregating more than $1,000,000 per year. - (c) **“Federally constructed housing” defined—** As used in [subsection (a)](#a), the term “federally constructed housing” means (1) residential or multifamily housing which is constructed by [agencies](/usc/42/8262.md?p=1) of the Federal Government to provide dwelling accommodations for particular types or classes of persons under programs administered by such Federal [agencies](/usc/42/8262.md?p=1) (including all housing constructed by the Department of Defense to provide dwelling accommodations for personnel of the armed services or for such personnel and their families), and (2) residential or multifamily housing which is constructed by [agencies](/usc/42/8262.md?p=1) of [State](/usc/42/2021b.md?p=14) or local government, with financial assistance in any form from the Federal Government, to provide dwelling accommodations for particular types or classes of persons under programs administered by such [State](/usc/42/2021b.md?p=14) or local [agencies](/usc/42/8262.md?p=1). ## Footnotes [^1]: See References in Text note below. ## Source credit (Pub. L. 93–409, § 13, Sept. 3, 1974, 88 Stat. 1076.) ## Notes ### Editorial Notes ### References in Text Section 1602(f) of title 15, referred to in subsec. (b)(4), was redesignated section 1602(g) of title 15 by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.