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Security Interests in Energy Conservation and Performance Leases and Loans

How important is a Section 30 approval to lenders participating in Energy Conservation Contract or Energy Performance Contract lending to Housing Authorities ("HA")?

25 minute read November 02, 2014 at 12:00 AM
By
Thomas B. Howard and Michael Geltner
Security Interests in Energy Conservation and Performance Leases and Loans

Section 30 of the Housing Act states that the Secretary of the U.S. Department of Housing and Urban Development (“HUD”) “may authorize a public housing agency to mortgage or otherwise grant a security interest in any public housing project or other property of the public housing agency,” which raises the question of how important a Section 30 approval should be to lenders participating in Energy Conservation Contract or Energy Performance Contract lending to Housing Authorities (“HA”).

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