S.566 - Cranston-Gonzalez National Affordable Housing Act101st Congress (1989-1990)
Summary: S.566 — 101st Congress (1989-1990)
Conference report filed in House (10/25/1990)
Cranston-Gonzalez National Affordable Housing Act - Title I: General Provisions and Policies - Affirms the national goal that every American family should be able to afford a decent home in a suitable environment. States that the objective of national housing policy shall be to reaffirm the long-established national commitment to decent, safe, and sanitary housing by strengthening a nationwide partnership of public and private institutions capable of carrying out such policy.
Prohibits the Secretary of Housing and Urban Development (Secretary) from providing assistance to a jurisdiction unless it submits for the Secretary's approval a comprehensive housing affordability strategy.
Requires public participation in the development of such strategy.
Directs the Secretary to promulgate new construction energy standards for public and assisted housing and single-family and multifamily residential housing subject to mortgages under the National Housing Act. Requires such standards to meet or exceed the most recent edition of the Model Energy Code of the Council of American Building Officials.
Directs the Secretary to prepare and submit to the appropriate congressional committees a report on the Department of Housing and Urban Development's (HUD) capacity to carry out the provisions of this Act.
Title II: Investment in Affordable Housing - HOME Investment Partnerships Act - Authorizes FY 1991 and 1992 appropriations for activities under this title, with specified amounts obligated for community housing partnerships and State and local housing strategies.
Subtitle A: HOME Investment Partnerships - Authorizes the Secretary to make incentive funds available to develop and support affordable rental housing and homeownership.
Gives preference to housing rehabilitation rather than new construction unless rehabilitation in a particular jurisdiction would not be cost effective and existing housing stocks are inadequate.
Authorizes new construction only if the Secretary determines that in a local market area there is an inadequate supply of low cost rental housing and there exists a severe shortage of residential units suitable for rehabilitation as affordable rental units. Permits a jurisdiction, under specified conditions, to undertake new construction without regard to such requirements in the case of: (1) a low- and moderate-income neighborhood revitalization plan; or (2) special needs housing (large families, persons with disabilities, or single room occupancy).
Authorizes a jurisdiction to provide tenant-based rental assistance only if: (1) such assistance is an essential element of its housing strategy; and (2) assistance is provided to persons from section 8 assistance waiting lists in accordance with applicable preferences.
Sets forth: (1) prohibited uses of such assistance; and (2) cost limits.
Directs the Secretary to develop model programs to carry out the purposes of this title. Requires participating jurisdictions to target assistance to very low- and low-income housing that qualifies as affordable housing.
Defines affordable rental housing as housing that: (1) is occupied only by low-income families; (2) is available to persons with vouchers or certificates under section 8 of the United States Housing Act of 1937; (3) will remain affordable for the useful life of the property without regard to mortgage term or ownership transfer; (4) if newly constructed, meets specified energy efficiency standards; and (5) has rents and very low-income occupancy rates at specified levels, including qualifying mixed-income projects.
Defines affordable homeownership as housing that: (1) has an initial purchase price not above 95 percent of the local median purchase price; (2) is the principal residence of a low-income family purchaser; (3) is made available for initial purchase only to first-time homebuyers; (4) is made available for subsequent purchase to low-income purchasers and at a price consistent with specified guidelines; and (5) if newly constructed, meets specified energy efficiency guidelines.
Provides for State and local participation on an allocation formula basis, which shall include: (1) initial fund allocations of 40 percent to States and 60 percent to local governments; (2) a one percent set-aside for Indian tribes; (3) specified FY 1991 and 1992 set-asides for rental unit new construction or rehabilitation; (4) establishment by the Secretary of a basic allocation (and reallocation) formula; (5) minimum $3,000,000 State allocations, with a $500,000 increase if no local government allocations are made in the State; (6) local allocations to only those jurisdictions that qualify for at least a $500,000 allocation; and (7) reallocation criteria.
Directs the Secretary to establish a HOME Investment Trust Fund and line of credit for each participating jurisdiction.
Requires participating jurisdictions to make matching payments as follows: (1) 25 percent for rental assistance and housing rehabilitation; (2) 33 percent for substantial rehabilitation; and (3) 50 percent for new construction. Permits specified matching requirement reductions for up to three years as necessary.
Requires participating jurisdictions to maximize private sector participation.
Requires line of credit reductions in cases of funds misuse.
Sets forth tenant and participant protections including: (1) minimum one-year leases unless mutually agreed otherwise; (2) 30-day notice of termination of tenancy; (3) property maintenance; and (4) tenant selection.
Requires participating jurisdictions to monitor program compliance.
Subtitle B: Community Housing Partnership - Requires participating jurisdictions, for an 18-month period after funds are made available, to set aside at least 15 percent of allocations for community housing development organizations. Authorizes the use of such funds for housing and investment purposes, with up to ten percent available for project-specific technical assistance and site control loans or seed money loans.
Authorizes the Secretary to provide assistance for housing education and organizational support, including management training, benevolent loan funds, and community development banks and credit unions. Limits annual amounts that may go to any one contractor to not more than 20 percent of total appropriations. Makes at least 40 percent of funds available for single-State contractors.
Subtitle C: Other Support for State and Local Housing Strategies - Directs the Secretary to enter into contracts (three-year maximum) with participating jurisdictions, profit and nonprofit organizations, and State and local housing agencies to identify and provide an increased supply of affordable housing.
Authorizes the Secretary to support housing affordability research.
Directs the Secretary to make available, upon request of a participating jurisdiction, a list of eligible recyclable HUD properties (unoccupied with appraised value below specified levels) within such jurisdiction.
Subtitle D: Specified Model Programs - Sets forth the following model programs under this Act: (1) rental housing production, including repayable advances for construction, acquisition, and rehabilitation costs; (2) rehabilitation of privately owned rental housing; (3) rehabilitation loans for low- and moderate-income single family and multifamily properties; (4) sweat equity program for low- and very low-income families, including the homeless; (5) home repair services grants for low-income older or disabled homeowners; (6) low-income housing conservation and efficiency grant programs; (7) second mortgage assistance for first-time homebuyers, including homeownership counseling and payment deferral; and (8) rehabilitation of State and local government in rem properties.
Subtitle E: Mortgage Credit Enhancement - Directs the Comptroller General to carry out a study of mortgage credit enhancement within the context of housing affordability.
Subtitle F: General Provisions - Sets forth provisions regarding: (1) minority and women outreach requirements; (2) nondiscrimination; (3) annual audits; (4) recordkeeping and reports to the Congress; (5) citizen participation; (6) labor; (7) interstate agreements; and (8) environmental review.
Terminates, after October 1, 1991, new grant or loan authority under the following housing programs: (1) section 17 of the United States Housing Act of 1937 (housing development action grants); (2) section 312 of the Housing Act of 1964 (urban renewal rehabilitation); (3) title VI of the Housing and Community Development Act of 1987 (Nehemiah housing opportunity grants); (4) section 8(e)(2) of the United States Housing Act of 1937 (moderate rehabilitation), except for certain single room occupancy dwellings; and (5) section 810 of the Housing and Community Development Act of 1974 (urban homesteading).
Title III: Homeownership - Subtitle A: National Homeownership Trust Demonstration - National Homeownership Trust Act - Establishes in HUD the National Homeownership Trust to assist first-time homebuyers through interest rate buydowns and downpayment assistance. Makes assistance available to individuals who have not owned a principal residence within three years, displaced homemakers, or single parents. Sets maximum homebuyer income levels at 95 percent of area median income, or 115 percent in a high-cost area. Requires a minimum one percent homebuyer downpayment. Sets the maximum mortgage amount at National Housing Act levels. Provides for repayment upon: (1) sale; (2) increased income; or (3) failure of property to be used as a principal residence.
Establishes in the Treasury the National Housing Trust Fund, which shall terminate on September 30, 1993. Requires the Secretary to carry out the following demonstration programs using not more than $20,000,000 from the Fund: (1) rehabilitation of two vacant structures in Milwaukee, Wisconsin; (2) purchase and renovation of vacant public and private housing for resale or rent in Washington, D.C.; (3) assistance to a community development corporation in Philadelphia, Pennsylvania; and (4) other projects as may be determined.
Subtitle B: FHA and Secondary Mortgage Market - Amends the National Housing Act to authorize specified FY 1991 and 1992 Federal Housing Administration (FHA) mortgage insurance authority. Makes the increased 185 percent mortgage limit permanent.
Authorizes direct endorsement mortgagees to contract for appraisal services.
Limits the insured principal to 98.75 percent of the appraised value of a property (97.75 percent if the appraised value exceeds $50,000), plus the amount of the mortgage insurance premium paid at the time the mortgage is insured.
Revises mortgage insurance premium provisions to require the Secretary, on mortgages for one-to-four family homes executed on or after October 1, 1994, to collect a single premium payment of 2.25 percent of the insured principal, and annual premium payments of .5 percent of the remaining balance. Sets forth 1991 and 1992, and 1993 and 1994 transitional provisions.
Prohibits FHA mortgages of secondary residences unless the Secretary determines such a mortgage would be necessary to avoid undue hardship to the mortgagor. Prohibits FHA mortgages for vacation homes.
Provides mortgage counseling to delinquent FHA mortgagors.
Requires the Secretary to implement a delegated mortgage processing system.
Requires disclosure of interest due upon mortgage prepayment.
Prohibits FHA mortgagees from varying mortgage costs and interest rates by more than two percent in a given area. States that any such variations shall be based on mortgagee fees or costs (not on the basis of the loan amount).
Directs the Secretary to consider the actuarial status of the entire Mutual Mortgage Insurance Fund in determining whether there is a surplus for mortgagor distributions.
Directs the Secretary to: (1) insure that such Fund attains specified capital ratios (1.25 percent within 24 months, two percent within ten years); (2) conduct Fund audits and report to the Congress annually; and (3) adjust programs as necessary.
Includes the Virgin Islands among high-cost FHA insurance areas.
Increases the number of insurable mortgages to 25,000 under the home equity conversion demonstration program for elderly homeowners. Extends such program through September 30, 1995.
Directs the Secretary to collect and maintain information on early defaults and foreclosures of FHA insured mortgages, including mortgage lender analysis information.
Requires the Secretary to arrange for the sale of multifamily mortgage loans through auction (rather than through acceptance of such mortgages and the giving of a bond to the original holders) through September 30, 1995.
Disapproves, and prohibits the Secretary from implementing, a certain HUD regulation regarding property disposition.
Directs the Secretary to report to the Congress on strategies and plans to dispose of HUD-held property, with particular attention to properties held for more than 12 months.
Amends the Federal National Mortgage Association Charter Act to authorize the Government National Mortgage Association (GNMA) to guarantee mortgage-backed securities through FY 1992.
Directs the Secretary to conduct a study and report to the Congress with regard to increasing the loan limits for property improvement loan insurance. Amends the National Housing Act to increase such limits to $25,000 for single family homes and to $60,000 for multifamily dwellings.
Subtitle C: Effective Date - States that specified sections of this title shall not take effect if the Omnibus Budget Reconciliation Act of 1990 is enacted before this Act is enacted. (The Omnibus Budget Reconciliation Act of 1990 was enacted prior to enactment of this Act.)
Title IV: Homeownership And Opportunity For People Everywhere Programs - Homeownership and Opportunity Through HOPE Act - Subtitle A: HOPE for Public and Indian Housing Homeownership - Amends the United States Housing Act of 1937 to authorize planning and implementation grants for public and Indian housing homeownership. Authorizes FY 1991 and 1992 appropriations.
Authorizes planning grants of up to $200,000 to applicants which may include public housing authorities (PHAs), resident management corporations, cooperative associations, or public or private nonprofit entities.
Sets forth eligible planning grant activities, including: (1) resident management development; (2) tenant and homebuyer counseling; (3) economic self-sufficiency programs; (4) training and technical assistance; (5) security; and (6) preliminary architectural and engineering work. Sets forth selection criteria.
Sets forth eligible implementation grant activities, including: (1) public housing rehabilitation; (2) tenant relocation; (3) homeownership plan implementation and related funding; (4) resident management development; and (5) architectural and engineering work. Sets forth selection criteria.
Requires a HOPE program to provide for: (1) acquisition by eligible families of at least one-half of a public housing project's units; (2) sales price affordability (not more than 30 percent of adjusted monthly income); (3) identification of eligible families, including relocation and counseling assistance; (4) acquisition of all the buildings in a project of more than one building; (5) replacement or relocation assistance for nonpurchasing families; (6) program reference for current tenants; (7) continuation of annual project contributions, except that operating subsidies shall end upon the project's sale; (8) program use of sales' proceeds; (9) restrictions on homeowner resale, including first purchase right and recapture of specified proceeds; and (10) housing quality standards.
Requires that certain tenant organizations be given an opportunity to purchase a project or portion of a project before its demolition or disposition.
Prohibits the Secretary from providing certain resident management funds to a resident management corporation or resident council receiving HOPE assistance.
Applies the provisions of this subtitle to Indian public housing.
Subtitle B: HOPE for Homeownership of Multifamily Units - Authorizes the Secretary to make planning and implementation grants for homeownership programs in multifamily units. Authorizes FY 1991 and 1992 appropriations.
Requires one-third matching grants. Sets forth selection criteria.
Sets forth planning and implementation grant activities and HOPE program requirements similar to those under subtitle A.
Subtitle C: HOPE for Homeownership of Single Family Homes - Authorizes the Secretary to make planning and implementation grants for single family homes. Authorizes FY 1991 and 1992 appropriations.
Sets forth grant limitation, planning and implementation grant activities, and HOPE program requirements similar to those under subtitle A.
Title V: Housing Assistance - Subtitle A: Public and Indian Housing - Amends the United States Housing Act of 1937 regarding public housing preferences to: (1) reduce the amount of public housing set aside for "preference" families; (2) prohibit individuals or families evicted from federally assisted housing for drug-related criminal activity from being considered "preference" for three years unless the evicted tenant successfully completes a rehabilitation program; and (3) consider "preference" families as those living in substandard housing (including homeless families or families living in shelters), those paying more than 50 percent of family income for rent, or displaced families.
Directs the Secretary to develop and publish indicators to assess PHA management performance. Includes among such indicators: (1) vacancy rates, including length of time to repair (or failure to repair) and rerent; (2) uncollected rent; (3) energy consumption; and (4) unexpended obligated funds.
Authorizes the Secretary to identify and commend PHAs meeting or exceeding such standards.
Directs the Secretary to: (1) designate troubled PHAs (based upon such indicators); (2) establish an appeals procedure for a PHA so designated; and (3) enter into performance agreements with such PHAs which may include the use of incentives and sanctions.
Authorizes the Secretary, if a PHA is unable to meet the terms of a performance improvement agreement, to: (1) solicit management proposals from other PHAs; (2) petition for appointment of a receiver; and (3) require the PHA to make other acceptable arrangements.
Directs the Secretary to report to the Congress regarding the establishment of uniform training and certification standards for officers and members of local, regional, and State PHAs.
Requires PHAs (with specified exceptions) to establish project-based accounting systems.
Requires the Secretary to report to the Congress with regard to the operation of the Buffalo Municipal Housing Authority. Authorizes the Secretary to petition for appointment of a receiver or reduce operating subsidies for such Authority.
Authorizes a PHA to establish an expedited eviction procedure for activities that threaten the health, safety, or peace of tenants or employees. Requires a PHA to notify the local post office about an eviction for criminal activity, including drug activity.
Authorizes PHAs to coordinate with child welfare agencies in providing public housing to families with foster care children.
Authorizes FY 1991 and 1992 appropriations for public housing operating subsidies. Makes the cost of services for the frail elderly an eligible operating cost.
Directs the Secretary to consider extremely hot and extremely cold weather in determining public housing utility subsidies.
Reserves not more than $75,000,000 per fiscal year, beginning in FY 1992, for disaster and emergency housing modernization. Distributes remaining funds on a need- and backlog-based formula. Establishes a 250-unit threshold (currently 500-unit) beginning in FY 1993 for such funding and related provisions. Authorizes special purpose management modernization for PHAs with fewer than 500 units.
Requires a PHA that has an excessive vacancy rate or is designated as a troubled agency to participate in a vacancy reduction program. Requires a participating PHA to submit a five-year vacancy reduction plan to the Secretary. Directs the Secretary to provide assistance from appropriated funds. Sets specified FY 1991 and 1992 limits on such amounts available to large PHAs.
Increases from five percent to 15 percent the number of units that can be leased to lower-income families other than very low-income families. Authorizes up to 25 percent of the dwelling units in a project to be available to low-income families other than very low-income families.
Permits PHAs to apportion proceeds from the disposition of scattered-site housing between debt repayment and replacement housing.
Directs the Secretary to carry out a demonstration program in St. Louis, Missouri, to replace public housing eligible for disposition or demolition with five-year section 8 certificate assistance. Terminates such program on September 30, 1992.
Authorizes up to $5,000,000 of modernization funds for each of FY 1991 and 1992 to be used for public housing resident management programs.
Authorizes the Secretary to make grants to qualifying PHAs to help resident families gain better access to educational and employment opportunities in order to achieve self-sufficiency. Permits up to five percent of such funds to be used as supplemental set-asides. Authorizes fund use for: (1) renovation or conversion of common areas or of dwelling units into common areas, or of nearby facilities; (2) provision of up to 15 percent of support service costs; and (3) employment of certain service coordinators. Encourages the employment of public housing residents in such programs. Includes among supportive services: (1) child care; (2) employment training; (3) literacy training; (4) computer training; and (5) high school equivalency assistance. Authorizes FY 1991 and 1992 appropriations.
Makes Indian mutual help housing eligible for comprehensive improvement assistance.
Amends the Housing and Urban-Rural Recovery Act of 1983 to redesignate the public housing child care program as the public housing early childhood development program. Obligates specified FY 1991 and 1992 funds for such program.
Obligates specified FY 1991 Indian housing funds for an Indian public housing early childhood development demonstration program.
Authorizes the Secretary to waive public housing income eligibility and rent requirements for public or security personnel tenants.
Authorizes the use of five percent of such drug elimination funds for youth sports programs in public housing projects (including Indian public housing) with substantial drug use problems. Requires at least 50 percent matching funds. Limits individual fiscal year grantee amounts to $125,000. Sets forth selection criteria. Requires grantee reports to the Secretary.
Directs the Secretary to establish a public housing one-stop perinatal services demonstration program. Gives priority to PHAs: (1) serving areas with high infant mortality rates; and (2) with secure facilities. Limits aggregate grant amounts to $15,000. Authorizes FY 1991 appropriations.
Directs the Secretary to: (1) carry out a ten-year demonstration program in up to four cities (one of which must be Chicago) to encourage the development of mixed income housing and related comprehensive services in areas surrounding existing public housing developments.
Directs the Secretary to carry out a demonstration program to encourage PHAs to use private energy service companies to reduce energy costs.
Directs the Secretary to conduct studies with regard to: (1) public housing funding; and (2) public housing prospective payment.
Directs GAO to conduct a study of public housing development alternatives.
Subtitle B: Low-Income Rental Assistance - Amends the United States Housing Act of 1937 to authorize the Secretary to raise rents up to 20 percent in projects where drug-related activities have substantially increased operating and maintenance costs.
Authorizes families receiving tenant-based rental assistance to pay more than the normally permitted amount if: (1) the family notifies the PHA; and (2) the PHA determines such rent to be reasonable. Limits the number of family approvals to ten percent. Requires a PHA that approves more than five percent excess rent requests to report to the Secretary (who shall in turn report to the Congress).
Revises section 8 preference rules to provide that 70 percent of project-based assistance and 90 percent of non project-based assistance be given to people who live in substandard housing (including homeless families and families living in a shelter), who pay more than 50 percent of their income for rent, or who are involuntarily displaced. Gives preference for remaining vacancies to persons qualifying under local preference systems. Prohibits any person or family evicted from public housing because of drug-related activity from being given a preference for three years unless they have successfully completed a drug rehabilitation program. (Permits a waiver for innocent family members.)
Authorizes the eviction of a public housing tenant for criminal activity that threatens the health or safety of other tenants, or for drug-related criminal activity on or near such premises.
Requires owners of section 8 buildings to adopt written tenant selection procedures that meet with the Secretary's approval.
Authorizes section 8 assistance for PHA-owned units if the PHA is subject to the same program requirements as other owners.
Defines "participating jurisdiction" and "drug-related criminal activity" for section 8 purposes.
Requires PHAs to review the reasonableness (in comparison with private or other assisted rentals) of rents assisted under the section 8 voucher program. Directs the Secretary to collect and maintain an automated data system on section 8 assisted families, including rent amounts.
Authorizes rental vouchers for mobile home rentals.
Extends the scope of section 8 assistance to eligible housing within the same State. (Current law permits assistance to housing in the same or contiguous metropolitan area.)
Permits section 8 contracts of less than 12 months' duration in order to avoid family disruptions if the annual contribution contract is within one year of expiration.
Increases budget authority for section 8 assistance to eligible families who (as certified by the child welfare agency) are in danger of having their children placed in foster care, or whose children are delayed from leaving foster care, because of inadequate housing. Allocates funds on a national need-based competition.
Establishes the Family Self-Sufficiency program to promote the development of local strategies to coordinate section 8 assistance with public and private resources to enable families to achieve economic independence and self-sufficiency. Requires PHAs to carry out such a program unless local circumstances are prohibitive. Requires PHA-tenant contracts. Includes among program supportive services: (1) child care; (2) transportation; (3) education and employment training; (4) substance abuse counseling and treatment; and (5) household management training. Requires: (1) participating families to fulfill their contract obligations within five years, unless granted an extension; and (2) the family head to seek employment during such time. Prohibits income-based rent increases, unless the income exceeds 50 percent of area median income.
Requires: (1) PHAs to report annually to the Secretary; (2) the Secretary to include a program report in the annual HUD report; (3) GAO to submit a program report to the Congress; and (4) GAO to conduct a study and report to the Congress with regard to the linking of Federal housing assistance to economic self-sufficiency programs.
Requires that any new or substantially rehabilitated housing be reserved for low- and very low-income families.
Amends the Housing and Community Development Act of 1974 to require that section 8 certificates be distributed in a manner that enables participating jurisdictions to carry out comprehensive housing affordability strategies as provided for by this Act.
Directs the Secretary to provide FY 1991 section 8 assistance to the City of Norfolk, Virginia, based upon a certain settlement agreement of October 6, 1981.
Requires GAO to study and report to the Congress on the feasibility of establishing fair market rents for areas smaller than current market areas.
Directs the Secretary to conduct studies and report to the Congress with regard to: (1) section 8 utilization rates; (2) residual receipts accounts in section 8 and section 202 housing; and (3) section 8 rental vouchers for Indian housing.
Subtitle C: General Provisions and Other Assistance Programs - Amends the United States Housing Act of 1937 to increase FY 1991 and 1992 budget authority for low-income housing programs, including: (1) public housing grants, including Indian public housing; (2) section 8 vouchers and certificates; (3) for FY 1991 only, section 8 assistance in conjunction with housing for the elderly or handicapped; (4) comprehensive improvement assistance, including resident homeownership assistance; (5) section 8 property disposition; (6) section 8 loan management; (7) section 8 contract extensions; (8) section 8 contract amendments; (9) public housing lease adjustments; and (10) public housing replacement assistance.
Amends the definition of: (1) "family" to include single persons, but does not entitle them to housing with two bedrooms or more; (2) "income" to exclude amounts not actually received by the family; and (3) "adjusted income" to increase the dependent allowance and expand the medical expense allowance to include non-elderly persons.
States that income limits for Westchester County, New York, shall be determined as if such County were not in the actual metropolitan statistical area in which it is located (New York metropolitan statistical area).
States that the the temporary absence of a child due to foster care placement shall not be considered in determining family size.
Exempts the County of Santa Cruz, California, from certain housing development grant construction commencement requirements.
Amends the Housing and Community Development Act of 1974 to require local governments in developing a housing assistance plan, to consult with child welfare agencies regarding the housing needs of foster care children and their families.
Amends the Housing and Urban Development Act of 1968 to authorize FY 1991 and 1992 appropriations for: (1) housing counseling; and (2) emergency housing counseling, including a toll-free telephone number. Extends authority through FY 1992 for grants for homeownership counseling organizations.
Directs the Secretary to carry out a prepurchase and foreclosure-prevention counseling demonstration program through FY 1994. Makes such assistance available to first-time FHA homebuyers in designated target areas. Makes prepurchase counseling mandatory for homebuyers who make a less than ten percent downpayment. Requires GAO to conduct a program study. Authorizes FY 1991 and 1992 appropriations.
Amends the National Housing Act to extend the flexible subsidy program through FY 1992. Authorizes appropriations through FY 1992.
Amends the Housing and Community Development Amendments of 1978 to provide expedited property disposition requirements for unsubsidized multifamily housing projects under specified conditions.
Amends the Housing and Community Development Act of 1987 to terminate the multifamily housing disposition partnership program at the end of FY 1991.
Amends the Public Housing Drug Elimination Act of 1988 to retitle a specified portion of title V as the "Public and Assisted Housing Drug Elimination Act of 1990". Authorizes the Secretary to: (1) establish particular grant criteria for federally assisted low-income housing; and (2) consider whether a project is located in a high intensity drug trafficking area. Authorizes FY 1991 and 1992 appropriations, including a specified set-aside for assisted housing.
Directs the Secretary to study and report to the Congress on the success of private initiatives in providing low-income housing development.
Amends the Housing and Urban Development Reform Act of 1989 to extend the capital assessment study deadline until March 1, 1992.
Title VI: Preservation of Affordable Rental Housing - Subtitle A: Prepayment of Mortgages Insured Under National Housing Act - Amends the Emergency Low-Income Housing Preservation Act of 1987 to retitle a specified portion the "Low-Income Housing Preservation and Resident Homeownership Act of 1990". Revises mortgage prepayment provisions of the National Housing Act.
Requires an owner of low-income housing who intends to prepay the mortgage and no longer maintain low-income housing, sell the property, or continue low-income renting to notify the Secretary (and the appropriate State and local authorities and the affected tenants).
Directs the Secretary, upon receiving notice to sell a property or extend its low-income restrictions, to: (1) have the property's preservation value determined by two independent appraisals; and (2) determine annual authorized return and preservation rents. Requires rents, in the case of an extension, to cover: (1) an eight percent annual return to the owner; (2) debt service on any rehabilitation loan; (3) debt service on the federally assisted mortgage; (4) project operating expenses; and (5) adequate reserves. Requires rents, in the case of a sale, to cover: (1) debt service on the purchase loan; (2) debt service on any rehabilitation loan; (3) debt service on the federally assisted mortgage; (4) project operating expenses; and (5) adequate reserves.
Directs the Secretary to establish Federal cost limits based upon a formula using total rent required to preserve the property's low-income use and local fair market rental values. Provides with regard to housing within Federal cost limits that owners: (1) may not prepay the mortgage except under specified conditions relating to the Secretary's failure to make payments within certain time frames, or the inability to find bona fide purchasers; and (2) may receive incentives to continue low-income rental or sell the property. Provides with regard to housing exceeding Federal cost limits that owners may seek to prepay the mortgage, sell the property, or continue low-income rental.
Requires an owner to submit a plan of action to the Secretary (and to the appropriate State and local authorities and the affected tenants).
States that the Secretary may only approve a plan of action for mortgage prepayment (or voluntary insurance termination) if: (1) plan implementation would not increase economic hardship for current tenants nor involuntarily displace them without comparable housing alternatives; and (2) the supply of comparable vacant housing will not affect proximity to employment, decent low-income housing, or minority housing opportunities.
Sets forth sale and extension incentives, including: (1) rent increases; and (2) financing of capital improvements.
Requires owners to give the right of first offer to "priority purchasers" for the first 12 months, and then to "qualified purchasers" for the next three months. Mandates a sale if the purchase offer is at least equal to the property's preservation value when preservation rents exceed Federal cost limits.
Sets forth the following assistance for displaced tenants: (1) section 8 assistance; (2) relocation assistance (owners to pay 50 percent of moving expenses); and (3) continued occupancy for three years at existing rents, or alternate comparable housing in low vacancy areas or for tenants with special needs. Allocates assistance on a regional basis.
Requires tenants wishing to purchase eligible low-income housing to organize a resident council, which shall develop a resident homeownership program in conjunction with a public or private nonprofit organization. Directs the Secretary to impose certain homeownership conditions with regard to: (1) standards for initial ownership; (2) sufficient owner income and other fund sources to meet operating and debt costs; and (3) owner occupancy.
Authorizes homeowner resale with specified restrictions, including: (1) resident council repurchase of units; (2) profit limitations; and (3) recapture and use of such funds.
Provides non-purchasing tenants with eviction and rental and relocation assistance protection.
Preempts State or local mortgage prepayment laws.
Authorizes FY 1991 and 1992 appropriations. Sets aside not more than a specified amount for mandatory housing sales for each of FY 1991 and 1992.
Amends the National Housing Act to authorize the Secretary to provide insurance coverage for second mortgage financing.
Subtitle B: Other Preservation Provisions - Amends the National Housing Act with regard to rental and cooperative housing assistance for lower income families to: (1) exclude income not actually received from the definition of income; and (2) provide for owner repayment of capital improvement advances through specified phased-in rent increases. (Provides a similar incentive for moderate income and displaced families housing.)
Requires tenants in federally assisted housing whose income exceeds 80 percent of area median income to pay on a phased-in basis either 30 percent of their monthly income or the local fair market rent.
Amends the United States Housing Act of 1937 to authorize additional assistance for owner incentives to maintain low-income housing that may be lost through mortgage prepayments.
Title VII: Rural Housing - Amends the Housing Act of 1949 to authorize FY 1991 and 1992 insured or guaranteed rural housing loan authority for: (1) housing; (2) housing improvement; (3) farm labor housing; (4) rental housing; (5) mutual and self-help projects; (6) low- and moderate-income housing sites; and (7) single-family homes.
Authorizes FY 1991 and 1992 rural housing appropriations for: (1) housing in remote areas; (2) housing improvement; (3) related activities of the Secretary of Agriculture, including loans; (4) application preparation assistance; (5) insured housing loans; (6) mutual and self-help projects, including assistance for domestic farm labor and rural homeless and migrant workers; (7) self-help housing; and (8) housing preservation.
Authorizes FY 1991 and 1992 authority for: (1) rental assistance payment contracts; and (2) supplemental rental assistance contracts.
Extends through September 30, 1991: (1) rental housing loan authority; and (2) mutual and self-help loan authority.
States that the temporary foster care absence of a child shall not be considered for family composition and size determinations.
Authorizes remote rural housing loan supplements in amounts not to exceed the difference between appraised value and actual property and construction costs.
Authorizes a single-family (section 502) deferred mortgage demonstration program. Establishes a one percent interest rate on deferred amounts. Obligates up to ten percent of FY 1991 and 1992 section 502 appropriations for such program.
Directs the Secretary of Agriculture to establish a (90 percent) guaranteed single-family housing loan program for low- or moderate-income borrowers in areas more than 25 miles from an urban or densely populated area. Gives priority to first-time homebuyers (including displaced homemakers and single parents). Authorizes the Secretary to require such homebuyers to undergo homeownership counseling.
Directs the Secretary of Agriculture to follow State foreclosure procedures where such procedures are more favorable to the borrower than procedures the Secretary would otherwise follow.
Requires that interests in Indian lands be disposed of only to a tribal member, the tribe, or the appropriate Indian housing authority.
Directs the Secretary of Agriculture, in each of FY 1991 and 1992, to designate 100 counties (including areas in the Lower Mississippi Delta) with severe housing needs as underserved areas. States that in order to be so designated a county must have at least 20 percent of its population at or below the poverty level, and at least ten percent of its population living in substandard housing. Provides for program outreach. Gives priority to colonias (specified border areas in Arizona, California, Texas, or New Mexico). Obligates specified funds in FY 1991 and 1992 for targeted underserved areas and colonias.
Requires that equity takeout loans be limited by the original appraised value of the property with regard to post-December 15, 1989, rental housing loans. (The current limit is based on the original loan amount.) Authorizes loan assumptions.
Obligates specified FY 1991 and 1992 rural rental housing funds for nonprofit entities.
Authorizes assistance (acquisition or rehabilitation advances, rehabilitation grants, and annual operating payments) for rental housing for migrant farmworkers and homeless persons. Requires occupant rent contributions.
Directs the Secretary to conduct a rural homelessness study.
Redefines rural area but maintains the current classification for certain areas defined before October 1, 1990. Includes Guadalupe, Arizona, in the existing exception with Pajara, California.
Authorizes the use of excess rents to reduce subsequent rent overburdens for very-low and low-income tenants.
Extends Federal agency housing subdivision reciprocity of approval.
Title VIII: Housing for Persons With Special Needs-Subtitle A: Supportive Housing for the Elderly - Amends the Housing Act of 1959 to establish separate programs for the elderly and the disabled. (Currently programs are combined under the section 202 assistance for the elderly or handicapped.)
Authorizes the Secretary to provide assistance to private nonprofit organizations and consumer cooperatives to expand the supply of supportive housing for the elderly. Provides assistance as: (1) capital advances to be repaid only if the housing is not used for very low-income elderly people; and (2) rental assistance in projects where rental income does not cover operating costs. Combines related services such as meals, transportation, health care, and personal services with the housing program.
Requires tenant rents to be the highest of: (1) 30 percent of adjusted monthly income; (2) ten percent of monthly income; or (3) public assistance amounts designated as housing assistance.
Establishes: (1) a 40-year very low-income use requirement; (2) an initial 240-month contract term, with a 60-month minimum extension. Sets forth application and selection criteria.
Directs the Secretary periodically to establish market-based development cost limitations, including limitations on properties acquired from the Resolution Trust Corporation. Establishes owner incentives for cost saving through special housing accounts.
Requires owners to adopt written tenant selection procedures.
Authorizes FY 1992 appropriations for capital advances. Authorizes the Secretary to reserve amounts in FY 1992 for rental assistance. Allocates at least 20 percent of funds for nonmetropolitan areas.
Authorizes specified FY 1991 appropriations for the current section 202 program.
Directs the Secretary and the Secretary of Agriculture (through the Farmers Home Administration) to enter into contracts with State and local entities, Indian tribes, and local nonprofit sponsors to provide congregate services programs, including adaptation of facilities, to elderly or disabled residents of federally assisted housing. Establishes five-year renewable contract terms.
Requires the provision of meal services, including the use of food stamps and agricultural commodities.
Authorizes assistance for: (1) retrofitting of individual units, and renovation and conversion of vacant public and common areas; (2) construction of new congregate facilities; and (3) employment of service coordinators.
Authorizes provision of congregate services to noneligible elderly or disabled residents of an eligible project or to nonresident elderly or disabled persons if their participation will not adversely affect the participation of eligible project residents.
Funds the program through 50 percent contract recipient payments, 40 percent Federal payments, and ten percent tenant payments (which may be waived).
Requires housing projects in providing program services to employ to the maximum extent possible noneligible elderly or disabled residents.
Authorizes FY 1991 and 1992 appropriations. Requires the Secretaries to share the cost according to their proportionate number of participating recipients.
Authorizes the Secretary to establish a five-year demonstration program to test the effectiveness of combining housing certificates and vouchers with supportive services to assist frail elderly persons to live independently. Funds the program through 40 percent Federal payments, 50 percent PHA payments, and ten percent tenant payments (which may be waived). Sets forth application and selection provisions. Limits assistance to programs in any one unit of local government to not more than ten percent of program funding.
Directs the Secretary to conduct a demonstration program to determine the feasibility of using section 8 housing assistance to enable frail elderly persons to live independently in specially designed multifamily units. Requires: (1) a participating PHA to provide section 8 assistance to the elderly in at least 75 percent of the units in a project of at least 100 units; (2) five-year contracts with up to three five-year renewals; (3) rent limitations as apply to section 202 assistance; (4) a reasonable allocation of assistance for supportive services; and (5) an annual program report to the Congress. Limits assistance to only those units of general local government having a population of under 50,000. Makes available to the program a specified amount of FY 1991 and 1992 section 8 assistance. Authorizes FY 1991 and 1992 appropriations for supportive program services.
Amends the Housing Act of 1959 to authorize section 202 funds to be used to acquire and rehabilitate housing for the elderly from the Resolution Trust Corporation.
Provides for a centralized section 202 application location.
Amends the National Housing Act to direct the Secretary to carry out a demonstration program to determine the feasibility of including in section 202 housing some elder cottage housing units.
Amends the Housing Act of 1959 with regard to section 202 housing to: (1) require that an applicant whose application has been rejected on technical grounds be given notice and an opportunity to respond; and (2) permit service coordinator costs to be considered as eligible project costs.
Subtitle B: Supportive Housing for Persons With Disabilities - Authorizes the Secretary to provide assistance to private nonprofit organizations to expand the supply of supportive housing for persons with disabilities. Provides assistance as: (1) capital advances to be repaid only if the housing is not used for very low-income persons with disabilities; and (2) rental assistance in projects where rental income does not cover operating costs.
Requires tenant rents to be the highest of: (1) 30 percent of the adjusted monthly income; (2) ten percent of monthly income; or (3) amounts from public assistance designated as housing assistance.
Establishes: (1) a 40-year very low-income use requirement; and (2) an initial 240-month contract term, with a 60-month minimum extension. Sets forth application and selection criteria.
Directs the Secretary periodically to establish market-based development cost limitations, including limitations on properties acquired from the Resolution Trust Corporation. Establishes owner incentives for cost savings through special housing accounts.
Requires owners to adopt written tenant selection procedures.
Subtitle C: Supportive Housing for the Homeless - Revises title IV of the Stewart B. McKinney Homeless Assistance Act with regard to housing assistance for homeless persons.
Authorizes FY 1991 and 1992 appropriations for: (1) the emergency shelter grants program; (2) the supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; (4) section 8 assistance for single room occupancy dwellings; (5) the shelter plus care rental housing assistance programs; (6) the shelter plus care single room occupancy dwelling program; and (7) the shelter plus care section 202 program.
Subtitle D: Housing Opportunities for Persons With AIDS - AIDS Housing Opportunity Act - Provides for grants to State and local governments for housing programs for persons with AIDS.
Title IX: Community Development and Miscellaneous Programs - Subtitle A: Community and Neighborhood Development and Preservation - Amends the Housing and Community Development Act of 1974 to authorize FY 1991 and 1992 appropriations for the community development block grant (CDBG) program. Obligates specified amounts for: (1) institutions of higher education to provide assistance to economically disadvantaged and minority students participating in community development work-study programs; (2) historically Black colleges; (3) Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, and (4) grants to demonstrate the feasibility of developing an integrated database system and computer mapping tool to evaluate community development block grants.
Increases the CDBG low- and moderate-income targeting requirement from 60 percent to 70 percent.
Permits: (1) any city classified as a metropolitan city for at least two years to retain such classification; and (2) any county classified as urban for at least two years to retain such classification unless it fails to maintain population requirements because of the election of a new local government.
Prohibits CDBG funds to be given to a local government that fails to protect individuals engaging in nonviolent civil rights demonstrations.
Authorizes CDBG funds: (1) to private for-profit entities for specified activities; (2) for direct homeownership assistance; and (3) as lump sum payments to revolving loan funds.
Provides with regard to community development loan guarantees: (1) that guarantee authority shall include certain housing construction loans under the United States Housing Act of 1937 or the Housing and Community Development Act of 1987; and (2) that HUD may assist communities with extreme hardship debt repayment problems. Provides for nonentitlement community eligibility for such guarantees.
Exempts Hawaiian Home Lands grantee assistance from certain discrimination provisions.
Prohibits discrimination on the basis of religion under the CDBG program.
Revises Indian CDBG provisions regarding: (1) inapplicability of low- and moderate-income requirements; and (2) fund allocation and distribution.
Authorizes the acquisition of single-family properties from the Resolution Trust Corporation for urban homestead use.
Amends the Housing and Urban-Rural Recovery Act of 1983 to obligate specified FY 1991 and 1992 appropriations for the neighborhood development demonstration.
Requires Arizona, California, New Mexico, and Texas to obligate specified FY 1991 through 1993 CDBG funds for colonias (designated communities in the United States-Mexico border area within such States). Authorizes the use of such funds for: (1) planning community development (including water and sewage facilities) and housing activities; and (2) assessments for public improvements.
Amends the Neighborhood Reinvestment Corporation Act to authorize FY 1991 and 1992 appropriations for the Neighborhood Reinvestment Corporation. Obligates specified appropriations to: (1) expand the national neighborhood housing services network; (2) expand the loan capacity of the national neighborhood housing services secondary market operated by the Neighborhood Housing Services of America; (3) make grants to extend low-income housing use; and (4) provide matching grants and subsidies to mutual housing associations for the acquisition and rehabilitation of multifamily and single-family housing.
Authorizes the use of specified urban renewal land dispositon proceeds and certain other community development and public facility funds by: (1) Nanticoke, the Borough of Plymouth, and the Borough of Forty Fort, in Luzerne County, Pennsylvania; (2) Vallejo, California; (3) New Haven, Connecticut; (4) Lebanon, Pennsylvania; (5) East Stroudsburg, Pennsylvania; (6) Fairmount Heights, Maryland; and (7) Newburyport, Lawrence, and Malden, Massachusetts.
Directs the Secretary to conduct studies of: (1) the availability of housing proximate to places of employment; (2) ways to make drug zones attractive to economic development; and (3) fund allocation under title I of the Housing and Community Development Act of 1974.
Subtitle B: Disaster Relief - Provides, in any fiscal year in which the President declares a major disaster, increased assistance for the following programs: (1) section 8 certificates and vouchers; (2) moderate rehabilitation; (3) community development block grants; and (4) rural housing.
Subtitle C: Regulatory Programs - Amends the Real Estate Settlement Procedures Act of 1974 to require servicers of federally related mortgages to: (1) make certain applicant disclosures with regard to loan servicing, assignment, sale, or transfer; and (2) provide borrowers with certain escrow account information, including notification of account shortage. Prohibits a servicer from charging an escrow account statement fee.
Establishes the National Commission on Manufactured Housing to study and make recommendations with regard to: (1) the National Manufactured Housing Construction and Safety Standards Act of 1974; and (2) manufactured housing construction and safety standards. Obligates specified FY 1991 funds from the Housing and Urban Development Act of 1970 for the Commission. Terminates the Commission nine months after the appointment of its members.
Directs the Secretary to: (1) submit an energy assessment report to the Congress which shall include an analysis of a specified DOE-HUD program to expand energy efficiency and increase affordability of federally assisted housing and the creation of an energy efficiency standard; (2) establish a five-year housing energy efficiency plan; (3) promulgate a uniform plan to increase housing affordability through mortgage incentives for energy efficiency; and (4) develop seismic safety standards for federally assisted properties.
Subtitle D: Miscellaneous Programs - Amends the Housing and Urban Development Act of 1970 to authorize FY 1991 and 1992 appropriations for HUD policy development and research. Obligates specified FY 1991 funds for a demonstration project to test affordable housing technologies. Directs the Secretary to submit a report to the Congress regarding HUD research activities.
Amends the Housing and Community Development Act of 1974 to authorize FY 1991 and 1992 appropriations for the National Institute of Building Sciences. Establishes within the Institute the Advanced Building Technology Council which shall: (1) identify and evaluate building technologies; (2) develop technology use criteria; (3) conduct economic analysis of proposed new technologies; (4) disseminate information; and (5) monitor and evaluate post-installation performance of new technologies.
Amends the Housing and Community Development Act of 1987 to authorize FY 1991 and 1992 appropriations for the fair initiatives housing program of which not more than a specified annual amount may be used for the private enforcement initiative demonstration program.
Amends the Housing and Community Development Act of 1974 to exempt from Davis-Bacon wage requirements volunteer workers under the CDBG program, public housing and section 8 assistance programs, and the elderly and handicapped housing program.
Makes displaced homemakers and single parents eligible for Federal assistance under first-time homebuyer programs.
Limits (up to ten percent annually) for three years the annual amount of assisted housing rent increases based upon increased income due to the employment of a formerly unemployed family member.
Waives Indian housing matching fund requirements. (Permits an Indian housing authority to use Federal funds for matching amounts.)
Authorizes Native Hawaiian HUD preference for Hawaiian homelands housing.
Directs the Secretary to: (1) conduct a study of pension fund financing for low- and moderate-income housing construction; and (2) establish an existing housing energy efficiency demonstration program.
Title X: Expedited Funds Availability - Amends the Expedited Funds Availability Act to extend such Act for two years after enactment of this Act.