(a) The board of directors of the Housing Development Fund may create and establish a special revolving loan fund of moneys made available by contribution or loan, to be known as the operating loan fund and to be governed, administered and accounted for by the directors, officers and managerial staff of the Housing Development Fund as a public purpose trust account separate and distinct from any other moneys, fund or funds owned and managed by the Housing Development Fund.
(b) The purpose for organizing and operating the operating loan fund shall be to provide a source from which the Housing Development Fund may make temporary loans, with or without interest, but with such security for repayment as the Housing Development Fund deems reasonably necessary and practicable; such loans to be used to defray development costs to sponsors of land development for residential housing construction for occupancy by persons and families of low and moderate income or residential housing construction for occupancy by persons and families of low and moderate income which is eligible or potentially eligible for federally insured construction loans, federally insured mortgages or federal mortgages or other public assistance programs or uninsured construction loans or uninsured mortgage loans.
(c) No temporary loans shall be made by the Housing Development Fund from the operating loan fund except in accordance with a written loan agreement which shall include, but not be limited to, the following terms and conditions:
(1) The proceeds of all such loans shall be used only to defray the development costs of such proposed residential housing;
(2) All such loans shall be repaid in full, with or without interest as provided in the agreement;
(3) All repayments shall be made concurrent with receipt by the borrower of the proceeds of a construction loan or mortgage, as the case may be, or at such other times as the Housing Development Fund deems reasonably necessary or practicable; and
(4) Specification of such security for repayments upon such terms and conditions as the Housing Development Fund deems reasonably necessary or practicable to ensure all repayments.
(d) No funds from the operating loan fund shall be used to carry on propaganda, or otherwise attempt to influence legislation.
Structure West Virginia Code
Article 18. West Virginia Housing Development Fund
§31-18-2. Legislative Findings and Purpose
§31-18-5. Management and Control of Housing Development Fund Vested in Board; Officers; Liability
§31-18-6a. Certain Loans Exempt From Laws Limiting Interest Rates or Providing Forfeitures, etc.
§31-18-7. Notes or Bonds as General Obligations of Housing Development Fund
§31-18-8. Notes and Bonds as Negotiable Instruments
§31-18-10. Sale of Notes or Bonds
§31-18-11. Authorizing Resolutions
§31-18-12. Validity of Any Pledge, Mortgage, Deed of Trust or Security Instrument
§31-18-13. Redemption of Notes or Bonds
§31-18-14. Disclaimer of Any Liability of State of West Virginia
§31-18-15. Limitation of Rights Vested in Housing Development Fund by State
§31-18-16. Default in Payment of Principal or Interest
§31-18-17. Investment in Notes and Bonds
§31-18-19. Operating Loan Fund
§31-18-20. Authorized Limit on Borrowing
§31-18-20a. Land Development Fund
§31-18-20b. Mortgage Finance Bond Insurance Fund
§31-18-20c. Jobs Development Fund
§31-18-20d. Affordable Housing Fund
§31-18-22. Termination or Dissolution
§31-18-23. Services to the State of West Virginia and Its Political Subdivisions
§31-18-23a. Bond Issues Under the Federal Revenue Adjustments Act of 1980
§31-18-25. Severability Clause
§31-18-26. Projects Not to Be Deemed Public Improvements
§31-18-29. Dissolution of West Virginia Affordable Housing Trust Fund