§3727. Expenditures to correct or compensate for structural defects in mortgaged homes

(a) The Secretary is authorized, with respect to any property improved by a one- to four-family dwelling inspected during construction by the Department of Veterans Affairs or the Federal Housing Administration which the Secretary finds to have structural defects seriously affecting the livability of the property, to make expenditures for (1) correcting such defects, (2) paying the claims of the owner of the property arising from such defects, or (3) acquiring title to the property; except that such authority of the Secretary shall exist only (A) if the owner requests assistance under this section not later than four years (or such shorter time as the Secretary may prescribe) after the mortgage loan was made, guaranteed, or insured, and (B) if the property is encumbered by a mortgage which is made, guaranteed, or insured under this chapter after the date of enactment of this section.

(b) The Secretary shall by regulation prescribe the terms and conditions under which expenditures and payments may be made under the provisions of this section, and the Secretary's decisions regarding such expenditures or payments, and the terms and conditions under which the same are approved or disapproved, shall be final and conclusive, and shall not be subject to judicial review.

(c) The Secretary is authorized to make expenditures for the purposes of this section from the funds established pursuant to sections 3723 and 3724 of this title, as applicable.

(Added Pub. L. 90–301, §5(a), May 7, 1968, 82 Stat. 116 , §1827; amended Pub. L. 94–324, §7(31), June 30, 1976, 90 Stat. 722 ; Pub. L. 101–237, title III, §313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2077 ; renumbered §3727 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406 .)

References in Text

Date of enactment of this section, referred to in subsec. (a), means the date of enactment of Pub. L. 90–301, which was approved May 7, 1968.

Amendments

1991-Pub. L. 102–83, §5(a), renumbered section 1827 of this title as this section.

Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "3723 and 3724" for "1823 and 1824".

1989-Pub. L. 101–237 substituted "Secretary", "Secretary's", and "Department of Veterans Affairs" for "Administrator", "Administrator's", and "Veterans' Administration", respectively, wherever appearing.

1976-Subsec. (a). Pub. L. 94–324 substituted "the Administrator finds" for "he finds".

Subsec. (b). Pub. L. 94–324 substituted "the Administrator's" for "his".

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–324 effective June 30, 1976, see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.