The Department of Housing and Urban Development (HUD),
like the rest of the federal government, has started fiscal
2008 without a regular appropriations bill in place and an
uncertain funding outlook as a Democratic majority in
Congress seeking more money for domestic programs confronts
a Republican White House determined to hold the line on
spending.
Both houses have approved HUD funding bills with
increases in major programs, but President Bush has
threatened to veto the final measure—one of
several such warnings. In the meantime, the government is
operating under a continuing resolution that generally
keeps funding at fiscal 2007 levels.
The Senate passed its version of the HUD appropriations
bill (H.R. 3074) in September, approving $16.599 billion
for Sec. 8 vouchers, including $14.936 billion for
renewals, and $5.813 billion for Sec. 8 project-based
assistance, including $5.523 billion for contract
renewals.
The comparable House figures are $16.33 billion and
$14.745 billion for vouchers and $6.48 billion and $6.239
billion for project-based Sec. 8.
Other funding provisions include: public housing
operating fund, $4.2 billion in both bills; public housing
capital fund, $2.5 billion in the Senate bill, $2.439
billion in the House bill; HOME, $1.97 billion in the
Senate, $1.64 billion in the House; homeless assistance,
$1.585 billion in the Senate, $1.561 billion in the House;
Community Development Block Grants, $3.705 billion in the
Senate, $3.929 billion in the House; Sec. 202, $735 million
in both bills; and Sec. 811, $237 million in both
bills.
The Senate version of the bill, which also includes
funding for the Transportation Department and other
agencies, calls for about $3 billion more than the
president’s budget request, and the Office of
Management and Budget (OMB) issued a statement of
administration policy warning that the measure faces a
veto.
“In combination with the other FY 2008
appropriations bills,” OMB said, “it
includes an irresponsible and excessive level of spending
and includes other objectionable provisions.”
The administration message objected specifically to the
appropriations levels for Community Development Block
Grants and public housing, along with continued funding for
the HOPE VI program, which it has been trying to kill.
Congress, administration act
to address mortgage crisis The subprime mortgage crisis
has become the dominant housing issue in Washington, with
Congress and the administration moving to provide relief to
homeowners facing foreclosure because of sharp increases in
mortgage payments.
The crisis was the impetus for House passage of Federal
Housing Administration (FHA) modernization legislation
(H.R. 1852), with an amendment to make FHA refinancing
available to borrowers in default.
The amendment would allow homeowners to refinance if
their current loans have adverse terms or rates, or if they
lack access to mortgages with reasonable terms and rates
because of adverse market conditions. FHA could insure
refinancing loans for borrowers in default or at imminent
risk of default, provided that the loans meet reasonable
underwriting standards.
The bill would also allow FHA to insure no-downpayment
mortgages and adjust mortgage insurance premiums to reflect
the risk of individual loans.
In addition, the bill would raise FHA mortgage limits,
in part to help FHA regain some of its lost market share
and in part to address the impact of the market disruptions
on the jumbo mortgage sector, where rates have risen
sharply.
As reported out of the Financial Services Committee, the
bill would have raised the basic one-family mortgage limit
from 95 percent to 100 percent of the area median house
price and increased the floor and ceiling limits, which are
now 48 percent and 87 percent of the Freddie Mac conforming
loan limit, to 65 percent and 100 percent of the Freddie
Mac limit.
However, the bill was amended on the floor to provide
even higher limits—the lesser of 125 percent of
the area median house price or 175 percent of the
conforming loan limit, with HUD authorized to raise the
limits by as much as an additional $100,000.
On the administrative side, HUD announced an initiative,
called FHASecure, to allow for FHA refinancing of non-FHA
adjustable-rate mortgages that have gone into default after
the rates have reset because the borrowers can’t
make the higher payments. The arrearages under the old loan
could be included in the FHA mortgage.
Many subprime mortgage borrowers, especially those with
so-called “2- 28” loans, where a low
teaser rate is increased after two years, face the loss of
their homes because they can’t afford the sharp
payment increases when the rates adjust.
Financial services committee reports out housing
bills
The House Financial Services Committee has reported out
two public housing bills, including a reauthorization of
the HOPE VI program for the revitalization of severely
distressed public housing, and a bill to revise the
policies and procedures for the construction and
refinancing of Sec. 202 elderly housing projects.
The HOPE VI bill (H.R. 3524) includes a one-for-one
replacement requirement for all public housing units
demolished or disposed of under a revitalization plan,
either on the old public housing site or within the
jurisdiction of the public housing authority (PHA).
The replacement housing would include on-site mixed
housing in which at least one-third of the units are public
housing units, unless HUD determines that such on-site
replacement is infeasible. Other replacement housing could
be provided in other parts of the PHA’s
jurisdiction through acquisition or development of
additional public housing units or other housing subject to
comparable eligibility, rent, and affordability
restrictions. All replacement housing would have to be
provided in ways that promote the deconcentration of
poverty.
Public housing residents displaced by the HOPE VI plan
would be entitled to a replacement housing unit. In
addition, they would have to be provided relocation
assistance that meets the requirements of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act.
A revitalization plan would also have to provide
opportunities for public housing residents to participate
in the planning process.
A separate bill (H.R. 3521) would allow PHAs that own or
operate less than 500 public housing units to exempt
themselves from the asset management requirements imposed
by HUD for the public housing operating fund program.
The bill would also prohibit HUD from imposing any
restriction on management and related fees for a public
housing project if the fee is determined to be reasonable
by the PHA, unless the restriction is established through a
negotiated rulemaking process that begins no earlier than
April 1, 2009. The restriction could not go into effect
before Jan. 1, 2011.
The Sec. 202 bill (H.R. 2930) provides for the
delegation of processing to state and local housing
agencies when projects receive Sec. 202 capital advances
and funding from other sources. HUD would retain the
authority to approve rents and development costs.
The bill would also allow Sec. 202 owners to establish a
tenant selection preference for homeless elderly persons,
if supportive services will be available.
The current provisions on the use of rental assistance
savings from the refinancing of Sec. 202 loans would be
revised to include the reduction or reconfiguration of
obsolete units, the payment of a developer’s fee,
and the payment of equity to the owner, sponsor, or seller.
The 15 percent limit on the portion of the cost of
increased supportive services that could be paid from
rental assistance savings would be eliminated.
To prevent displacement of elderly residents when a
project is refinanced or recapitalized, the bill would
provide project- based rental assistance under a senior
preservation rental assistance contract for a term of at
least 20 years, subject to annual appropriations.
Banking committee OKs consolidation of homeless
programs
The Senate Banking Committee has approved legislation
(S. 1518) to consolidate the competitive homeless
assistance programs under the McKinney-Vento Act, a move
long favored by the administration and homeless
advocates.
The move would affect the supportive housing program,
Shelter Plus Care, and Sec. 8 moderate rehabilitation
single-room occupancy programs.
The bill would also expand the eligible uses of homeless
assistance funds to include aid for certain doubled-up
households who can’t afford their own housing, and
for families and individuals at risk of becoming
homeless.
Barry G. Jacobs is editor of Housing and
Development Reporter, the nation’s premier
source for in-depth, factual coverage of all aspects of
affordable housing and community development. The two-part
publication includes informed reports and insightful
analyses in “HDR Current Developments,”
and an always up-todate compilation of essential documents
in the “HDR Reference Files.” Jacobs is
also the author of the annually updated HDR Handbook
of Housing and Development Law. For more information,
call (800) 723-8077.