# § 4232. Low-income requirement and income targeting
**(a)** **In general** Housing shall qualify for affordable housing for purposes of this subchapter only if—
**(1)** each dwelling unit in the housing—
**(A)** in the case of rental housing, is made available for occupancy only by a family that is a low-income family at the time of the initial occupancy of that family of that unit; and
**(B)** in the case of housing for homeownership, is made available for purchase only by a family that is a low-income family at the time of purchase; and
**(2)** each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for—
**(A)** the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership; or
**(B)** such other period as the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this subchapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if that action—
**(i)** recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would—
**(I)** avoid termination of low-income affordability, in the case of foreclosure; or
**(II)** transfer ownership in lieu of foreclosure; and
**(ii)** is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary.
**(b)** **Exception** section 4228(a)(2)(B) of this title
Notwithstanding subsection (a), housing assistance pursuant to shall be considered affordable housing for purposes of this subchapter.
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**Source Credit**: (Pub. L. 104–330, title VIII, § 813, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2982.)
## Editorial Notes
### Codification
, and , enacted identical sections 813 of . This section is based on the text of , as added by .