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24 CFR § 401.2 - What special definitions apply to this part?

---
identifier: "/us/cfr/t24/s401.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "24 CFR § 401.2 - What special definitions apply to this part?"
title_number: 24
title_name: "Housing and Urban Development"
section_number: "401.2"
section_name: "What special definitions apply to this part?"
chapter_name: "OFFICE OF HOUSING AND OFFICE OF MULTIFAMILY HOUSING ASSISTANCE RESTRUCTURING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT"
part_number: "401"
part_name: "MULTIFAMILY HOUSING MORTGAGE AND HOUSING ASSISTANCE RESTRUCTURING PROGRAM (MARK-TO-MARKET)"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 1715z-1 and 1735f-19(b); 42 U.S.C. 1437(c)(8), 1437f(t), 1437f note, and 3535(d)."
regulatory_source: "65 FR 15485, Mar. 22, 2000, unless otherwise noted."
cfr_part: "401"
---

# 401.2 What special definitions apply to this part?

(a) *MAHRA* means the Multifamily Assisted Housing Reform and Affordability Act of 1997, title V of Pub. L. 105-65, 42 U.S.C. 1437f note.

(b) *Statutory terms.* Terms defined in section 512 of MAHRA are used in this part in accordance with their statutory meaning. These terms are: comparable properties, expiring contract, expiration date, fair market rent, mortgage restructuring and rental assistance sufficiency plan, nonprofit organization, qualified mortgagee, portfolio restructuring agreement, participating administrative entity, project-based assistance, renewal, State, tenant-based assistance, and unit of general local government.

(c) *Other terms.* As used in this part, the term—

*Affiliate* means an “affiliate of the owner” or an “affiliate of the purchaser”, as such terms are defined in section 516(a) of MAHRA.

*Applicable Federal rate* has the meaning given in section 1274(d) of the Internal Revenue Code of 1986, 26 U.S.C. 1274(d).

*Community-based nonprofit organization* means a nonprofit organization that maintains at least one-third of its governing board's membership for low-income tenants from the local community, or for elected representatives of community organizations that represent low-income tenants.

*Comparable market rents* has the meaning given in § 401.410(b).

*Disabled family* has the meaning given in § 5.403(b) of this title.

*Elderly family* has the meaning given in § 5.403(b) of this title.

*Eligible project* means a project that meets the requirements for eligibility for a Restructuring Plan in § 401.100.

*HUD* means a HUD official authorized to act under the provisions of MAHRA, and otherwise has the meaning given in § 5.100 of this title.

*NHA* means the National Housing Act, 12 U.S.C. 1702 *et seq.*

*OAHP* means the Office of Affordable Housing Preservation, and any successor office.

*Owner* means the owner of a project and any purchaser of the project.

*PAE* means a participating administrative entity as defined in section 512(10) of MAHRA, or HUD when appropriate in accordance with section 513(b)(4) of MAHRA.

*PCA* means a physical condition assessment of a project prepared by a PAE under § 401.451.

*PRA* means a portfolio restructuring agreement as defined in section 512(9) of MAHRA.

*Priority purchaser* means a purchaser of a project, meeting qualifications established by HUD, that is:

(1) A tenant organization;

(2) A tenant-endorsed community-based nonprofit organization or public agency; or

(3) A limited partnership with a sole general partner that itself is a priority purchaser under this definition.

*Rental Assistance Assessment Plan* means the plan described in section 515(c)(2) of MAHRA.

*Restructured rent* means the rent determined at the time of restructuring in accordance with section 514(g) of MAHRA.

*Restructuring Plan* or *Plan* means the Mortgage Restructuring and Rental Assistance Sufficiency Plan described in section 514 of MAHRA.

*Section 8* means section 8 of the United States Housing Act of 1937, 42 U.S.C. 1437f.

*Section 541(b) claim* means a claim paid by HUD under an insurance contract under authority of section 541(b) of the National Housing Act, 12 U.S.C. 1735f-19(b).

*Tenant organization* of a project means an organization that meets regularly, whose officers are elected by a majority of heads of households of occupied units in the project, and whose membership is open to all tenants of the project.

*Unit of local government* means the smallest unit of general local government in which the project is located.

*Voucher* means any tenant-based assistance.

(d) *Conflicts of interest.* Additional definitions applicable to §§ 401.310 through 401.313 appear in § 401.310.

[65 FR 15485, Mar. 22, 2000, as amended at 65 FR 53900, Sept. 6, 2000; 71 FR 2120, Jan. 12, 2006; 72 FR 66038, Nov. 26, 2007]