Equity takeout loans
(1) Authority
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The Secretary is authorized to guarantee an equity loan (in the form of a supplemental loan) to an owner of housing financed with a loan made or insured under subsection (b), only if the Secretary determines, after taking into account local market conditions, that there is reasonable likelihood that the housing will continue as decent, safe, and sanitary housing for the remaining life of the original loan on the project made or insured under subsection (b) and that such an equity loan is—
(A) necessary to provide a fair return on the owner’s investment in the housing;
(B) the least costly alternative for the Federal Government that is consistent with carrying out the purposes of this subsection; and
(C) would not impose an undue hardship on tenants or an unreasonable cost to the Federal Government.
The amount of loans guaranteed under this subsection shall be subject to limits provided in appropriations Acts.
The Secretary is authorized to guarantee an equity loan under this subsection after the expiration of the 20-year period beginning on the date that an existing loan under subsection (b) of this section was made or insured. Not more than one equity loan under this subsection may be provided for any project.
The amount of an equity loan under this subsection shall not exceed the difference between the outstanding principal on debt secured by the project and 90 percent of the appraised value of the project. The appraised value of the project shall be determined by 2 independent appraisers, 1 of whom shall be selected by the Secretary and 1 of whom shall be selected by the owner. If the 2 appraisers fail to agree on the value of the project, the Secretary and the owner shall jointly select a third appraiser whose appraisal shall be binding on the Secretary and the owner. The amount of the equity loan shall not exceed 30 percent of the amount of the original appraised value of the project made or insured under subsection (b).
An owner requesting an equity loan under this subsection shall submit a plan acceptable to the Secretary to ensure that the cost of amortizing an equity loan under paragraph (1) does not result in the displacement of very-low-income tenants or substantially alter the income mix of the tenants in the project.
The requirements of this subsection shall apply to any loan obligated under this section on or after December 15, 1989 . This subsection shall not require retroactive reserve account payments with respect to any loan that was obligated on or after December 15, 1989 , and on or before June 16, 1990 , but reserve account payments shall be required for such loans beginning on November 28, 1990 .