Set-aside of rural rental housing funds
(1) Authority
(1)Authority#
Except as provided in paragraph (2), the Secretary shall set aside from amounts made available for each State for loans under this section, not less than 9 percent of the amounts available in each fiscal year. Amounts set aside shall be available only for nonprofit entities in the State, which may not be wholly or partially owned or controlled by a for-profit entity. A partnership, that has as its general partner a nonprofit entity or the nonprofit entity’s for-profit subsidiary, is eligible to receive funds set aside under this subsection to sponsor a project which is receiving low-income housing tax credits authorized under section 42 of title 26 . For the purposes of this subsection, a nonprofit entity is an organization that—
(A) will own an interest in a project to be financed under this section and will materially participate in the development and the operation of the project;
(B) is a private organization that has nonprofit, tax exempt status under section 501(c)(3) or section 501(c)(4) of title 26 ;
(C) has among its purposes the planning, development, or management of low-income housing or community development projects; and
(D) is not affiliated with or controlled by a for-profit organization.