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H.R. 5937 (110th): To facilitate the preservation of certain affordable housing dwelling units.

The text of the bill below is as of May 8, 2008 (Referred to Senate Committee).


HR 5937 RFS

110th CONGRESS

2d Session

H. R. 5937

IN THE SENATE OF THE UNITED STATES

May 8, 2008

Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs


AN ACT

To facilitate the preservation of certain affordable housing dwelling units.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PRESERVATION OF CERTAIN AFFORDABLE HOUSING DWELLING UNITS.

    (a) Conversion of HUD Contracts- Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may, at the request of the owner of the multifamily housing project to which Section 8 Project Number NY 913 VO 0018 and RAP Contract Number 012035NIRAP are subject, convert such contracts to a contract for project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).

    (b) Initial Renewal-

      (1) ELIGIBILITY- At the request of the owner made no later than 90 days prior to a conversion, the Secretary may, to the extent sufficient amounts are made available in appropriation Acts and notwithstanding any other law, treat the contemplated resulting contract as if such contract were eligible for initial renewal under section 524(a) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note).

      (2) REQUEST- A request by the owner pursuant to paragraph (1) shall be upon such terms and conditions as the Secretary may require.

    (c) Resulting Contract- The resulting contract shall--

      (1) be subject to section 524(a) of MAHRA (42 U.S.C. 1437f note);

      (2) be considered for all purposes a contract that has been renewed under section 524(a) of MAHRA (42 U.S.C. 1437f note) for a term not to exceed 20 years;

      (3) be subsequently renewable at the request of the owner, under any renewal option for which the project is eligible under MAHRA (42 U.S.C. 1437f note);

      (4) contain provisions limiting distributions, as the Secretary determines appropriate, not to exceed 10 percent of the initial investment of the owner;

      (5) be subject to the availability of sufficient amounts in appropriation Acts; and

      (6) be subject to such other terms and conditions as the Secretary considers appropriate.

    (d) Income Targeting- The owner shall be deemed to be in compliance with all income-targeting requirements under the United States Housing Act of 1937 by serving low-income families, as such term is defined in the section 3(b)(2) of such Act (42 U.S.C. 1437a(b)(2)).

    (e) Tenant Eligibility- Notwithstanding any other provision of law, each family residing in an assisted dwelling unit on the date of the conversion under this section, subject to the resulting contract under subsection (a), shall be considered to meet the applicable requirements for income eligibility and occupancy.

    (f) Definitions- As used in this section--

      (1) the term `assisted dwelling unit' means the dwelling units that, on the date of the conversion under this section, were subject to Section 8 Project Number NY 913 VO 0018 or RAP Contract Number 012035NIRAP;

      (2) the term `conversion' means the action under which Section 8 Project Number NY 913 VO 0018 and RAP Contract Number 012035NIRAP become a contract for project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) pursuant to subsection (a);

      (3) the term `MAHRA' means the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note);

      (4) the term `owner' means Starrett City Associates or any successor owner of the multifamily housing project to which Section 8 Project Number NY 913 VO 0018 and RAP Contract Number 012035NIRAP are subject;

      (5) the term `resulting contract' means the new contract after a conversion of Section 8 Project Number NY 913 VO 0018 and RAP Contract Number 012035NIRAP to a contract for project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) pursuant to subsection (a); and

      (6) the term `Secretary' means the Secretary of Housing and Urban Development.

Passed the House of Representatives May 7, 2008.

Attest:

LORRAINE C. MILLER,

Clerk.