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38 USC § 2052 - Requirements

---
identifier: "/us/usc/t38/s2052"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 2052 - Requirements"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "2052"
section_name: "Requirements"
chapter_number: 20
chapter_name: "BENEFITS FOR HOMELESS VETERANS"
subchapter_number: "VI"
subchapter_name: "LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3343, § 3773; renumbered § 2052 and amended Pub. L. 107–95, § 5(d)(1), (2)(C), Dec. 21, 2001, 115 Stat. 918; Pub. L. 108–454, title IV, § 402(b), Dec. 10, 2004, 118 Stat. 3616.)"
---

# § 2052. Requirements

**(a)** A loan referred to in section 2051 of this title meets the requirements of this subchapter if each of the following requirements is met:

**(1)** The loan—

**(A)** is for—

**(i)** construction of, rehabilitation of, or acquisition of land for a multifamily transitional housing project described in subsection (b), or more than one of such purposes; or

**(ii)** refinancing of an existing loan for such a project; and

**(B)** may also include additional reasonable amounts for—

**(i)** financing acquisition of furniture, equipment, supplies, or materials for the project; or

**(ii)** in the case of a loan made for purposes of subparagraph (A)(i), supplying the organization carrying out the project with working capital relative to the project.

**(2)** The loan is made in connection with funding or the provision of substantial property or services for such project by either a State or local government or a nongovernmental entity, or both.

**(3)** The maximum loan amount does not exceed the lesser of—

**(A)** that amount generally approved (utilizing prudent underwriting principles) in the consideration and approval of projects of similar nature and risk so as to assure repayment of the loan obligation; and

**(B)** 90 percent of the total cost of the project.

**(4)** The loan is of sound value, taking into account the creditworthiness of the entity (and the individual members of the entity) applying for such loan.

**(5)** The loan is secured.

**(6)** The loan is subject to such terms and conditions as the Secretary determines are reasonable, taking into account other housing projects with similarities in size, location, population, and services provided.

**(b)** For purposes of this subchapter, a multifamily transitional housing project referred to in subsection (a)(1) is a project that—

**(1)** provides transitional housing to homeless veterans, which housing may be single room occupancy (as defined in section 8(n) of the United States Housing Act of 1937 (42 U.S.C. 1437f (n)));

**(2)** provides supportive services and counselling services (including job counselling) at the project site with the goal of making such veterans self-sufficient;

**(3)** requires that each such veteran seek to obtain and maintain employment;

**(4)** charges a reasonable fee for occupying a unit in such housing; and

**(5)** maintains strict guidelines regarding sobriety as a condition of occupying such unit.

**(c)** Such a project—

**(1)** may include space for neighborhood retail services, other commercial activities, or job training programs; and

**(2)** may provide transitional housing to veterans who are not homeless and to homeless individuals who are not veterans if—

**(A)** at the time of taking occupancy by any such veteran or homeless individual, the transitional housing needs of homeless veterans in the project area have been met;

**(B)** the housing needs of any such veteran or homeless individual can be met in a manner that is compatible with the manner in which the needs of homeless veterans are met under paragraph (1); and

**(C)** the provisions of paragraphs (4) and (5) of subsection (b) are met.

**(d)** In determining whether to guarantee a loan under this subchapter, the Secretary shall consider—

**(1)** the availability of Department of Veterans Affairs medical services to residents of the multifamily transitional housing project; and

**(2)** the extent to which needs of homeless veterans are met in a community, as assessed under section 107 of Public Law 102–405.

---

**Source Credit**: (Added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3343, § 3773; renumbered § 2052 and amended Pub. L. 107–95, § 5(d)(1), (2)(C), Dec. 21, 2001, 115 Stat. 918; Pub. L. 108–454, title IV, § 402(b), Dec. 10, 2004, 118 Stat. 3616.)

## Editorial Notes

### References in Text

, referred to in subsec. (d)(2), is set out as a note under .

### Amendments

2004—Subsec. (c)(1).  substituted “services, other commercial activities,” for “services”.

2001—, renumbered  as this section.

Subsec. (a). , substituted “” for “” in introductory provisions.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective , see , set out as an Effective Date of 1998 Amendment note under .