S. 1338 (98th): Housing and Community Development Act of 1983

May 23, 1983 (98th Congress, 1983–1984)
Died (Reported by Committee)
Edwin “Jake” Garn
Senator from Utah
Related Bills
S. 644 (Related)
Housing and Community Development Act of 1983

Reported by Committee
Last Action: Apr 13, 1983

H.R. 3959 (Related)
Supplemental Appropriations Act, 1984

Signed by the President
Nov 30, 1983


This bill was introduced on April 13, 1983, in a previous session of Congress, but was not enacted.

Reported by Committee Apr 13, 1983
Introduced May 23, 1983
Full Title

An original bill to authorize appropriations and extend authorities for housing development and rehabilitation, community development, and mortgage insurance, and for other purposes.


No summaries available.


Senate Banking, Housing, and Urban Affairs

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Library of Congress Summary

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Housing and Community Development Act of 1983 -
Title I - Rental Rehabilitation
Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to:
(1) make rental rehabilitation grants to State and local governments to support the moderate rehabilitation of private property for residential purposes;
(2) make available contract authority for housing payment assistance to minimize the displacement of very low-income tenants and other lower income tenants from structures undergoing rehabilitation, to assist such tenants, and to assist other very low-income tenants in obtaining decent housing; and
(3) make rental development grants to State and local governments to support the substantial rehabilitation or new construction of private property for residential purposes.
Authorizes appropriations.
Directs the Secretary to allocate such grant amounts to cities with populations of 50,000 or more, urban counties, and States on the basis of a formula accounting for such factors as low-income renter population, rental housing market conditions, the condition of rental housing stock, and overcrowding of rental housing in each area.
Authorizes the Secretary to establish minimum allocation amounts required for direct allocations to cities or urban counties and to adjust an area's allocation on the basis of the area's performance in carrying out its program in a timely manner and achieving low rents in 80 percent of its rehabilitated units.
Conditions the receipt of such grants on the submission by grantees of satisfactory information in rental rehabilitation or development program descriptions.
Requires that such a description describe the proposed program and activities to be assisted, certify that the grantee consulted with the public, show evidence of the grantee's capacity to undertake the project, show the financial feasibility of the program, indicate the criteria to be used in selecting projects and the effect of the program on neighborhood preservation, and certify compliance with civil rights laws.
Prohibits the provision of grants for substantial rehabilitation or new construction unless the Secretary finds that:
(1) the area is experiencing a severe shortage of rental housing and has extremely low vacancy rates; and
(2) a program of other than moderate rehabilitation is necessary to improve rental opportunities or to advance a neighborhood preservation program.
Limits the amount of a rental rehabilitation or development grant to 120 percent of the amount allocated by formula.
Requires that at least 70 percent of grant amounts be used for the benefit of lower income families, but authorizes the Secretary to reduce such percentage requirement to 50 percent where the grantee cannot develop a program meeting such higher requirement.
Allows the Secretary to limit allocation of housing payment assistance to the amount needed for the number of units to be rehabilitated.
Requires such an assistance contract to:
(1) permit a grantee to provide assistance for a unit for up to one year; and
(2) assure the provision of assistance to all very low-income tenants of structures rehabilitated with assistance under this Act. Authorizes the Secretary to reallocate grants and housing payment assistance based on the Secretary's assessment of each grantee's performance.
Allows each grantee to shift up to 20 percent of the funds allocated from grants to housing payment assistance or vice versa.
Requires grantees to submit annual performance reports and the Secretary to undertake annual reviews and audits of grantee performance.
Permits the Secretary to adjust, reduce, or withdraw grants or assistance based on his or her findings.
Requires a rental rehabilitation and development program to provide that:
(1) grants shall only be used to rehabilitate or develop real property to be used primarily for residential rental property in neighborhoods where the median income does not exceed 80 percent of the median area income;
(2) rehabilitated units shall meet housing standards for housing assistance payments under the United States Housing Act of 1937;
(3) grant assistance shall not exceed 50 percent of the total rehabilitation or development cost, or 50 percent of such cost plus refinancing and acquisition costs in special circumstances;
(4) assisted structures shall be exempt from State or local rent controls;
(5) owners of assisted structures shall not discriminate against families receiving housing assistance payments; and
(6) financing for an assisted structure shall require the borrower to be personally liable for repayment.
Limits the amount of a grant for new construction or substantial rehabilitation to the amount required to provide decent rental or cooperative housing of modest design which is affordable to lower income families without other housing alternatives.
Requires a project owner to:
(1) enter agreements to assure the project's financial feasibility;
(2) agree that for ten years after 50 percent of the project units are available at least 20 percent shall be occupied by lower income persons; and
(3) agree, for ten years after project units are available for occupancy, to pass on to tenants any reduction in costs resulting from the assistance provided, not to discriminate against families receiving housing assistance payments, and not to convert the units to condominiums or cooperative units unaffordable for lower income families.
Requires an owner who violates any such agreement to repay the total amount of assistance provided plus interest.
Requires that an assisted project contain five or more units to be used for primarily residential purposes.
Declares that mortgages on such projects are eligible for insurance under the National Housing Act. Requires rents charged for project units to be approved by the Secretary. Limits maximum rents to not more than 30 percent of the income of a family whose income equals 50 percent of the median area income.
Exempts such projects from State or local rent controls.
Directs a State to administer grants for cities with populations of less than 50,000 and for areas that do not qualify for direct grants and that are not eligible for rural housing assistance under the Housing Act of 1949.
Permits a State to use such grant amounts to administer its own rental rehabilitation or development program, or to distribute amounts to local governments.
Allows a city with a population exceeding 50,000 to elect to have a State administer its grant program and permits a State to elect to have the Secretary administer its grant program.
Requires the Secretary to establish regulations governing relocation payments.
Prohibits a State or local government from using grant funds for administrative expenses.
Directs the Secretary to establish procedures that support national historical preservation objectives and that prohibit rehabilitation activities on historical structures unless certain standards are met or the Advisory Council on Historic Preservation is offered an opportunity to comment on such activities.
Permits consortia of geographically proximate local governments to apply for grants.
Establishes grant eligibility for such consortia with populations exceeding 50,000.
Amends the National Housing Act to set forth coinsurance provisions for federally insured rental rehabilitation or development projects.
Authorizes the Secretary, for purposes of insuring mortgages executed in connection with any purchase or refinancing of rental rehabilitation or development property, to:
(1) include a specified amount of rehabilitation or development costs;
(2) permit subordinated liens securing up to the full amount of mortgage financing provided by State or local governments; and
(3) pay benefits in cash unless a mortgagee submits a written request for debenture payment.
Title II - Community and Neighborhood Development
Amends the Housing and Community Development Act of 1974 to authorize appropriations for FY 1984 through 1986 for the community development block grant (CDBG) program, the urban development action grant (UDAG) program, and the special discretionary fund of the Secretary of Housing and Urban Development. Earmarks a specified amount of the appropriations set aside for the discretionary fund for grants to Indian tribes.
Requires the primary objective of the program of each CDBG recipient to be to benefit principally persons of low and moderate income.
Conditions an entity's eligibility for a CDBG on the requirement for the use of funds taken as a whole, over a period not exceeding three years, to benefit principally such persons.
Repeals the requirement that a State match ten percent of the CDBG funds provided to the State for nonentitlement areas (areas other than metropolitan areas and urban counties).
Requires any State that elects after FY 1984 to administer such a small cities grant program to administer such program permanently.
Requires the Secretary to administer the small cities grant program in any State that elects not to administer such program.
Permits any State administering such a program to deduct from grant funds the first $100,000 of its expenses and 50 percent of its expenses exceeding $100,000, not to exceed two percent of the total grant amount.
Requires grant amounts not received by a State because of its failure to comply with performance report or community development requirements to be added to amounts allocated to all States rather than the same State for the succeeding fiscal year.
Allows a unit of local government that uses more than ten percent of its CDBG funds for public service expenditures in FY 1983 to allocate the greater of the same percentage or dollar amount of its CDBG funds for such expenditures in succeeding years.
Requires any local government that receives a lump-sum drawdown of its CDBG to establish a revolving loan fund to make substantial expenditures from such fund within a specified period.
Sets forth conditions under which a grantee may receive a lump sum advance of CDBG funds for a specific project.
Requires a grant recipient to submit an annual performance and evaluation report on its activities to the Secretary and to make such report available to citizens in its jurisdiction.
Directs the Secretary to:
(1) encourage national associations of eligible grantees or States to recommend uniform recordkeeping and performance and evaluation reporting requirements for entitlement grantees and States; and
(2) establish requirements based on approved recommendations.
Allows the Secretary to guarantee loans to grantees only when such grantees cannot otherwise receive the financing needed for timely execution of their community development programs.
Earmarks a specified amount of UDAG appropriations for technical assistance grants to States, municipal technical advisory services, and State associations of municipalities to assist cities with populations of less than 50,000 in developing and implementing programs eligible for UDAGs and in applying for such grants.
Authorizes consortia of such cities to apply.
Directs the Secretary to select criteria for a national competition for UDAGs. Authorizes UDAG eligibility for certain unincorporated portions of urban counties that are approved by the Secretary as identifiable communities.
Revises activities eligible for CDBG funding to include the acquisition, construction, reconstruction, or installation of all public facilities, except buildings for the general conduct of government.
Authorizes the Secretary to issue an advisory opinion that a proposed innovative or prototypical activity is an eligible activity.
Declares that such eligibility shall not be challenged unless the activity is conducted in a different manner than that proposed by the Secretary. Amends the Housing Act of 1964 to repeal provisions authorizing the Secretary to make rehabilitation loans directly to property owners and tenants.
Amends the Housing and Urban Development Act of 1969 to repeal provisions authorizing the General Services Administration to transfer Federal surplus real property to the Secretary or the Secretary of Agriculture for sale or lease at fair value for use for low and moderate-income housing.
Permits the transfer of property requested before enactment of this Act. Amends the Housing Act of 1949 to repeal provisions that prohibit an urban renewal plan from providing for the construction of transient housing unless the community involved has obtained a transient housing study indicating a need for such housing.
Amends the Housing and Urban Development Act of 1965 and the Housing Act of 1961 to repeal provisions requiring the Secretary's approval of the conversion of neighborhood facilities or open space land to uses not originally approved by the Secretary when awarding a grant for acquisition of such facilities or land.
Amends the Housing and Community Development Act of 1974 to provide that, for purposes of CDBG eligibility, entities classified as metropolitan cities until the decennial census of 1980 indicated that their populations dropped below 50,000 shall continue to be classified as metropolitan cities until September 30, 1984.
Declares that the entitlement status of an entity designated as a metropolitan area or central city of such area shall not be affected by a withdrawal of such designation without one year's prior notice of such withdrawal.
Permits the population of a central city that falls below 50,000 during the funding period of an urban county to be included in such county before the expiration of such period.
Requires CDBG recipients to include in proposed and final statements on community development objectives and the projected use of funds a description of the use of funds received in specified past periods and an assessment of the relationship of such use to the objectives proposed for such funds.
Provides that, under certain conditions, the CDBG amount for a government formed by the consolidation of metropolitan cities and urban counties shall be equal to the sum of amounts such cities and counties would have received if they had not consolidated.
Requires the Secretary to distribute any excess metropolitan city and urban county grant amounts in a fiscal year on a pro rata basis.
Authorizes the Secretary to make grants to qualified groups and groups designated by governmental units to assist such units in carrying out the CDBG and UDAG programs.
Permits a local government to retain program income realized from CDBG funds if:
(1) such income was realized after the initial disbursement of such funds; and
(2) such government agrees to use such income for eligible community development activities.
Provides that after September 1, 1983, UDAG funds set aside for small cities that remain unobligated for two years may be made available for grants to metropolitan cities and urban counties.
Authorizes appropriations for the urban homesteading program for FY 1984 and 1985.
Provides for the payment of consideration by a State or local government to the Secretary and by an individual or family to such government for real property transferred under an urban homesteading program.
Requires such a government to remit to the Secretary 50 percent of any amount by which the consideration it receives for such property exceeds the consideration it paid for such property.
Authorizes the Secretary to undertake a program to demonstrate the feasibility of using homesteading techniques to facilitate the reuse of multifamily properties owned by the Secretary for home ownership purposes.
Directs the Secretary to convey suitable properties to State and local governments for subsequent transfer to individuals under a cooperative or condominium form of ownership.
Requires the Secretary to undertake a program to demonstrate the feasibility of providing assistance to lower income families for the rehabilitation of conveyed property.
Establishes the amount of such assistance on the basis of the payment standard for rental assistance payments under the United States Housing Act of 1937.
Directs the Secretary to conduct a program to demonstrate the feasibility of providing assistance to State and local governments for the purchase of unoccupied real property that is improved by a one- to four-family dwelling and designated for use in a single-family homestead program.
Requires the property to be conveyed under such program to a low- or moderate-income family or individual who agrees to:
(1) repair all dangerous defects within one year;
(2) make repairs or improvements necessary to meet applicable local buildings standards; and
(3) occupy such property as a principal residence for at least five years.
Directs the Secretary to evaluate the success of the demonstration as a method of increasing the stock of housing available for the homesteading program and to submit a report to Congress by March 1, 1985.
Directs the Secretary to conduct a three-year demonstration program to determine the feasibility of supporting neighborhood development activities by providing Federal matching funds to certain nonprofit neighborhood development organizations on the basis of monetary support from the private sector.
Limits the amount of grants that may be multiyear awards.
Directs the Secretary to use a competitive process in selecting program participants.
Requires that a selected participant:
(1) demonstrate measurable achievements in certain neighborhood development activities;
(2) specify a plan for accomplishing one or more of such activities; and
(3) specify a strategy for achieving long term private sector support.
Directs the Secretary to establish a Neighborhood Development Advisory Council to evaluate the applicants and recommend selections.
Requires the Secretary to:
(1) assign each participating organization a program year during which time voluntary private contributions shall be eligible for matching funds; and
(2) establish a ratio of between one and ten Federal dollars matched for each dollar privately contributed, which the Secretary shall pay to each organization at the end of each three-month period of the organization's program year.
Limits the maximum amount the Secretary may pay to any organization for a year to $50,000.
Requires the Secretary to insure that:
(1) assistance may be provided only if the local government of the neighborhood to be assisted certifies that such assistance is consistent with such government's objectives; and
(2) eligible neighborhood development activities comply with the Civil Rights Act of 1964.
Directs the Secretary to report to Congress on the activities carried out under the demonstration program, an evaluation of the program, and any findings or recommendations concerning the program.
Authorizes appropriations.
Title III - Housing Assistance Programs
Amends the Housing and Community Development Act of 1974 to require the Secretary to allocate certain Federal housing assistance on the basis of a formula accounting for the relative needs of different States, areas, and communities.
Repeals the requirement that between 20 and 25 percent of such assistance be allocated to metropolitan areas.
Requires the Secretary to allocate authority for assistance under the housing assistance payment program of the United States Housing Act of 1937 for the rural housing preservation grant program.
Directs the Secretary to accommodate the desires of State and local governments regarding the types of assistance to be provided within the limits of each area's allocation.
Authorizes the Secretary to approve the use of such assistance for existing public housing projects.
Authorizes the appropriation of funds from the Secretary's discretionary housing fund for emergency shelter assistance grants to local governments, Indian tribes, and nonprofit organizations.
Amends the United States Housing Act of 1937 to establish FY 1984 limitations on reservations of authority for assistance to public housing agencies for annual contribution contracts for specified lower income housing assistance programs.
Permits public housing agency annual contribution contracts using a payment standard for family-selected existing housing.
Establishes such payment standard as the maximum monthly rent that an owner of an existing dwelling may receive for a unit assisted under such a contract.
Revises procedures for selecting tenants for such units to establish a preference for families that pay more than 50 percent of their incomes as rent.
Allows a public housing agency to adjust assistance payments to such an owner by up to 20 percent of the maximum monthly rent or payment standard for categories of families or for an individual family, provided such agency certifies to the Secretary that it has consulted the local government and public and determined that such adjustment is required.
Requires the Secretary to establish and publish payment standards for various sizes and types of dwelling units in each market area and to use such standards to determine monthly assistance amounts under annual contribution contracts.
Requires such standards to:
(1) be established at the forty-fifth percentile of rents for recently rented units (excluding public housing units and units not meeting quality standards) unless such rents are found to be excessive;
(2) be adjusted if the appropriate public housing agency provides information indicating that an excessive time is required for assisted families to rent standard quality units; and
(3) include an amount for utilities.
Sets the monthly assistance payment for an eligible family at the lowest of:
(1) the amount by which the applicable payment standard exceeds 30 percent of the family's monthly adjusted income;
(2) the amount by which the unit rent exceeds ten percent of the family's monthly income; or
(3) the amount by which the lower of the rent or the payment standard exceeds a portion of the family's welfare assistance payment as designated by the Secretary. Requires a family to be a very low-income family or a family previously assisted in order to receive such assistance.
Establishes preferences for families which occupy substandard housing, are involuntarily displaced, or are paying more than 50 percent of their incomes for rent.
Authorizes the Secretary to override such preferences and use authority provided for such assistance for families:
(1) previously assisted through annual contribution contracts;
(2) occupying units in formerly assisted projects acquired by the Secretary; or
(3) occupying dwellings to be rehabilitated under the rental rehabilitation and development program set forth in title I of this Act. Limits the duration of the initial term of a contract for annual contributions for such assistance payments to 60 months.
Requires the public housing agency to inspect each unit before any payment is made and at least annually during the contract term to assure compliance with housing quality standards.
Authorizes an agency to increase the assistance payments annually to assure continued affordability.
Requires contracts for such assistance to provide ten percent more annual contributions than the estimated assistance required during the first year.
Authorizes the use of amounts not needed for increases to provide assistance for other families.
Permits a public housing agency to commit up to five percent of the payment standard assistance authority for assistance to low-income mutual or cooperative housing if such commitment will assist in maintaining the affordability of such housing for low-income families.
Sets forth provisions governing payment standard assistance for families renting manufactured homes, spaces, or both.
Amends the Department of Housing and Urban Development Act to exempt the establishment of the specific amounts for fair market rents or payment standards from congressional review procedures.
Amends the United States Housing Act of 1937 to allow the Secretary to establish an income ceiling higher or lower than 50 percent of the area median income when defining "very low-income families" for purposes of the housing assistance programs if such a variation is necessary because of unusually high or low family incomes.
Excludes the value of food stamps from a family's income for purposes of such programs.
Requires the adjusted income of an elderly family to exclude medical expenses exceeding three percent of the family's income.
Requires the Secretary to identify the portion (not to exceed 30 percent) of a family's welfare payment that a family shall pay as a minimum rent under such programs.
Authorizes the Secretary to provide for delayed application or staged implementation of procedures for determining rents or tenant contributions under housing assistance programs as required by specified provisions of this Act or the Housing and Community Development Amendments of 1981 with respect to all tenants occupying assisted housing units on or before the effective date of regulations implementing the payment standard assistance program under this Act. Prohibits any annual rent or contribution increase exceeding ten percent for such tenants as a result of such provisions or any other change in Federal law.
Subjects tenants who were not occupying assisted housing on such effective date to immediate rent payment or contribution determinations in accordance with such provisions, but limits any annual increase in their rent on contribution resulting from any future change in future law to ten percent.
Excludes housing assistance from treatment as income in other Federal programs.
Establishes within the Department of Housing and Urban Development (HUD) a Public Housing Accreditation Commission to:
(1) establish accreditation standards for the management of public housing agencies in the operation of lower income housing projects and the administration of Federal assistance;
(2) establish evaluation procedures;
(3) establish sanctions and remedies for agencies that fail to become accredited or that lose accreditation; and
(4) make recommendations to the Secretary on the training of agency officials on distinguishing between preventive maintenance funding (funded as part of operating subsidies) and major systems replacement funding (eligible for HUD discretionary grants).
Directs the Commission to:
(1) determine the period of accreditation;
(2) establish a mechanism for terminating an agency's accreditation and a procedure for appealing adverse determinations by the Commission; and
(3) establish a system of evaluation by public housing agency officials.
Requires the Commission to publish its proposed standards and procedures in the Federal Register for public comment.
Directs the Secretary to accept or reject each proposal.
Requires the Commission to publish final standards and procedures by October 1, 1984, and to begin evaluating public housing agencies by January 1, 1985.
Permits the Commission to charge fees for the evaluation of public housing agencies.
Authorizes appropriations for FY 1984 for assistance to public housing agencies for the operation of lower income housing projects.
Sets forth requirements for the performance funding system used to determine assistance amounts, including requirements that:
(1) expense levels be adjusted annually for inflation;
(2) agencies share savings in energy costs with the Secretary;
(3) funds received by an agency from sources other than rents be excluded from income in determining allowable subsidies;
(4) no assistance be provided for vacant or deprogrammed units; and
(5) accredited agencies receive payments for a repair and maintenance fund.
Authorizes an accredited public housing agency to receive a contract providing for operating assistance and replacement allowances for the term of accreditation, not to exceed three years.
Declares that such a contract shall:
(1) require the agency to submit data annually to enable the Secretary and the Commission to determine such agency's compliance with applicable requirements;
(2) grant the agency maximum flexibility to establish and implement financial, management, and operating procedures; and
(3) not be affected by the receipt of additional assistance by such agency.
Limits to one year, with a one-year authorized extension, the length of a contract for operating assistance for an agency that fails to earn or loses its accreditation.
Prohibits such an agency from receiving any other Federal assistance without the Secretary's approval.
Permits the Secretary to waive limitations on the operation of the major system replacement fund in order to correct physical problems.
Requires the imposition of Commission sanctions or remedies.
Directs the Secretary to establish a major systems fund for the purpose of making grants to public housing agencies for the costs of replacing or repairing building systems or improving management systems that are not covered by annual contribution contracts for operating assistance.
Directs the Secretary to provide the maximum amount of comprehensive improvement assistance available to public housing agencies before their first accreditation evaluations to assure that housing units meet habitability standards and that the maximum number of agencies receive accreditation.
Repeals the comprehensive improvement assistance program on October 1, 1985, except for those agencies that have never become accredited due to failure to meet physical quality standards for housing units.
Permits the Secretary to approve the demolition of a public housing project or a portion thereof if the project is unusable and cannot be restored feasibly.
Allows the Secretary to approve the disposition of such a project or portion if:
(1) the property's retention is not in the best interest of the tenants or the public housing agency due to health and safety factors or because disposition allows the acquisition, development, or rehabilitation of more effective or efficient lower income housing projects; or
(2) the portion involved is nonresidential property the disposition of which will not interfere with continued operation of the project; and
(3) the proceeds will be used to pay off development and modernization costs of the project and to provide other types of lower income housing assistance.
Conditions the approval of such demolition or disposition on requirements that:
(1) affected tenants be consulted;
(2) displaced tenants be provided assistance by the agency to relocate to other decent, safe, sanitary, and affordable housing of their choice to the maximum extent practicable.
Prohibits the Secretary from entering into contracts for:
(1) annual contributions regarding obligations financing public housing projects, unless such obligations are exempt from taxation; or
(2) periodic payments to the Federal Financing Bank to offset its costs in purchasing obligations issued by public housing agencies to finance housing projects.
Amends the Housing and Community Development Amendments of 1978 to require that a rental or cooperative housing project be covered by a federally insured mortgage to be eligible for operating assistance for troubled multifamily projects.
Amends the National Housing Act to extend through September 30, 1985, the period during which amounts in the rental housing assistance fund may be approved for such operating assistance.
Amends the Housing Act of 1959 to direct the Secretary:
(1) when selecting projects for elderly and handicapped housing loans, to assure the inclusion of special design features and congregate space necessary for elderly and handicapped residents; and
(2) to encourage the provision of small and scattered group homes and independent living centers for nonelderly handicapped persons.
Allows any project sponsor to voluntarily provide funds from other sources for appropriate amenities if they are not financed or subsidized with Federal money.
Increases the Treasury borrowing authority and authorizes direct loan authority for a specified number of units under such program for FY 1984.
Amends the Congregate Housing Services Act of 1978 to authorize appropriations for the congregate housing services program for FY 1984 through 1986.
Amends the United States Housing Act of 1937 to repeal provisions concerning assistance payments to owners for the construction or substantial rehabilitation of lower income housing projects, except with respect to projects for the elderly and handicapped.
Older Americans' Housing Demonstration Act of 1983 - Directs the Secretary to carry out during FY 1984 a program for the development, demonstration, and evaluation of improved methods of assisting older homeowners who wish to:
(1) sell their homes but are unable to purchase or rent a smaller unit; or
(2) stay in their homes but are unable to pay utility, tax, repair, and maintenance costs.
Directs the Secretary to assure that a broad spectrum of senior citizens, localities, and project types is represented by the groups selected to receive assistance.
Sets forth the required scope of such demonstration projects.
Directs the Secretary to coordinate and jointly target resources with other appropriate agencies (such as the Administration on Aging of the Department of Health and Human Services). Directs the Secretary to submit a report to Congress by December 31, 1984, on the activities conducted under such program.
Earmarks a specified amount of the authority available for the Secretary's discretionary fund for such program during FY 1984.
Amends the National Housing Act and the Housing and Urban Development Act of 1965 to direct the Secretary to offer to amend contracts entered into with owners of rental housing projects assisted but not insured under such Acts to provide sufficient payments to cover rent increases and changes in the incomes of tenants occupying such projects before enactment of this Act. Amends the Housing and Community Development Act of 1980 to revise provisions limiting housing assistance to certain aliens to:
(1) prohibit the provision of such assistance to any family unless the head of the family and the majority of its members are citizens or resident aliens of the United States who meet prescribed requirements; and
(2) authorize assistance to be continued for up to six months for a family found to be ineligible in order to permit such family to adjust its eligibility status or to obtain alternative housing.
Prohibits federally assisted rental housing projects for the elderly or handicapped from forbidding tenants to have pets or discriminating against persons having pets.
Permits a project authority to require the removal of a pet that constitutes a threat to the health or safety of project occupants or other persons in the community.
Amends the Housing Act of 1950 to require the rate of interest charged on Federal loans made to educational institutions for the construction or purchase of student housing facilities to be the higher (currently, lower) of:
(1) three percent annually; or
(2) the Treasury borrowing rate plus one quarter of one percent.
Title IV - Insurance Programs
Amends the National Housing Act to extend the authority for the Federal crime and riot insurance programs.
Requires the Federal Insurance Administrator to notify participating insurers of the termination of such authority as of September 30, 1983.
Transfers specified functions of the Secretary concerning such programs and the Federal flood insurance program to the Director of the Federal Emergency Management Agency (FEMA). Amends the National Flood Insurance Act of 1968 to extend the authority for the national flood insurance program.
Declares that the expiration of such authority shall not affect the continued availability of insurance to communities participating in the program or to property owners who had a flood insurance contract in effect immediately prior to such expiration.
Directs the Secretary to estimate the risk premium rate for an area on the basis of flood-risk zones established by the appropriate flood hazard boundary map.
Requires the Secretary to conduct studies and establish by August 1, 1983, risk premium rates for types and classes of properties insured under emergency implementation of the program.
Confers original exclusive jurisdiction on the appropriate U.S. district court for actions disputing claims against insurers under such program.
Authorizes FEMA to make a grant to a nonprofit agency, educational institution, or State or local agency to finance a study of the feasibility of expanding the national flood insurance program to cover damage or loss arising from sinkholes.
Authorizes appropriations.
Title V - Rural Housing
Rural Housing Amendments of 1983 - Amends the Housing Act of 1949 to revise the definitions of "low-income families and persons" and "very low-income families and persons" to correspond with such definitions under the United States Housing Act of 1937.
Requires that at least 40 percent of all dwelling units financed by a rural housing loan through the Farmers Home Administration (FmHA) and at least 30 percent of such units in each State be available only for very low-income persons and families.
Authorizes such loans for manufactured homes and lots meeting specified safety standards and installation, structural, and site requirements, whether such homes and lots are real property, personal property, or both.
Deletes provisions:
(1) limiting the interest rate charged on such loans;
(2) requiring loans to be conditioned on the borrower paying any fees and charges specified by the Secretary of Agriculture (hereinafter in the title referred to as the Secretary) and prepaying any taxes and insurance to the Secretary as an escrow agent; and
(3) authorizing the Secretary to guarantee rural housing loans made by private lenders.
Authorizes the Secretary to make a loan, grant, or combined loan and grant to an eligible very low-income applicant to improve or modernize a rural dwelling, to make the dwelling safer or more sanitary, to remove hazards, regardless of whether such applicant is eligible for rural housing loans for adequate or potentially adequate farms.
Sets maximum loan or grant amounts at limits determined by the Secretary. Authorizes the Secretary to permit demonstrations involving innovative housing units that do not meet published standards or regulations if the Secretary finds that the health and safety of the population of the area will not be adversely affected.
Limits aggregate expenditures for such demonstrations in a fiscal year.
Directs the Secretary to report to Congress annually on such demonstrations.
Requires the Secretary to approve a residential building as meeting standards required for rural housing assistance if the building meets the minimum standards prescribed by the Secretary the minimum property standards required for Federal Housing Administration (FHA) mortgage insurance, the standards of any of the voluntary national model building codes, or the standards for manufactured housing prescribed under this Act. Permits the Secretary to refuse to finance a building that exceeds design or other limitations prescribed by the Secretary to avoid excessive costs.
Authorizes the Secretary to transfer certain rural property purchased at foreclosure sales to nonprofit organizations or public bodies for use as rental or cooperative units for the elderly or handicapped or other low-income persons in rural areas.
Provides for mortgages on such properties containing repayment terms of up to 50 years.
Permits the transfer of such property at the lesser of the appraised value or the FmHA's investment if the transfer will provide housing for persons of very low-income.
Sets forth limitations on, and authorizes appropriations for, specified rural housing programs for FY 1984.
Extends until September 30, 1984, the authority of the Secretary to:
(1) insure loans for rural housing for elderly or handicapped persons and other persons of low income;
(2) make and insure loans for housing on adequate farms; and
(3) make grants for programs and loans for property acquisition to assist needy low-income families in carrying out mutual or self-help housing efforts.
Directs the Secretary to consider the value of a person's assets in determining the person's income for purposes of eligibility for occupying financed housing for elderly or handicapped families of low or moderate income and other families of low income in rural areas.
Requires the Secretary to assure that such financed, newly constructed housing is modest in design and does not contain living space exceeding the space necessary for the expected number of occupants.
Prohibits the Secretary from entering into a contract to finance such a newly contructed project if project units exceed size standards.
Prescribes limitations on rent increases for assisted newly constructed or substantially rehabilitated housing.
Permits the Secretary to approve increases in the costs of proposed projects only for unforeseen factors beyond the owner's control, design changes required by the Secretary or local government, or approved changes in financing.
Directs the Secretary to give preference for assistance to projects to be located on suitable land provided by State or local governments if awarding such preference will be cost effective.
Limits the percentage of financed project units that may be leased to individuals other than individuals of very low income.
Prohibits the leasing of project units to persons other than low-income persons.
Authorizes the Secretary to make loans to owners to convert single family residences to two or more rental units.
Eliminates certain loan interest rate limitations.
Authorizes the Secretary to insure loans for detached units for cooperative housing.
Requires a borrower, in order to obtain a loan or loan insurance, to submit a market survey that indicates a need for very low- and low-income housing in the community.
Includes as housing which qualifies for assistance any manufactured home park where the lots or lots and homes are available to eligible occupants.
Limits the amount of a loan for housing on an adequate farm to the amount necessary to provide adequate housing that is of moderate size, design, and cost.
Directs the Secretary:
(1) to establish and maintain part of the Rural Housing Insurance Fund as a reserve against losses on insured loans; and
(2) upon submission of the Federal budget, to transmit to Congress a report setting forth the amount proposed for such reserve and the estimated amount required to provide interest credits during the life of loans made and proposed to be made from the Fund. Provides for the accounting treatment of Certificates of Beneficial Ownership. Directs the Secretary to prescribe:
(1) rules that encourage the rehabilitation or purchase of existing buildings to provide economical housing; and
(2) criteria to assure that assistance is first provided to the persons with the greatest need residing in the most rural areas.
Limits or increases to, generally, 30 percent of adjusted income the maximum rent contribution of tenants receiving rental assistance in certain rural housing projects.
Prohibits any annual increase of over ten percent in a tenant's contribution unless the increase is attributable to an increase in the tenant's income.
Lists priorities for the use of funds available for such rental assistance contracts.
Repeals provisions that:
(1) authorize the Secretary to provide housing for rural residents who are enrolled in training courses designed to improve their employment capability;
(2) permit the Secretary to cancel repayment of part of a loan provided for the expenses of planning and obtaining financing for the rehabilitation or construction of housing under a rural housing program; and
(3) provide for the continued availability of funds appropriated for such loans.
Prohibits the Secretary from refusing to make or insure a loan to a low- or moderate-income family for the purchase of a condominimum unit in a rural area, or a blanket loan for a project of such units, unless:
(1) the Secretary determines that the project or units are higher in cost on a per unit basis than single-family detached units in the same area; or
(2) the project or units do not meet other prescribed requirements.
Prohibits the Secretary from making such loans that would result in the displacement of low- or very low-income families, unless such families are provided relocation assistance.
Authorizes the Secretary to:
(1) act as an agent of the Secretary of Housing and Urban Development to recommend insurance of any mortgage meeting FHA mortgage insurance requirements; and
(2) utilize funds available for rural housing rental assistance to assist mortgagors who are low-income persons in reducing their required downpayments or monthly payments on such mortgage loans by providing a lump-sum payment or credit at the time of purchase.
Authorizes the Secretary to make grants for the rehabilitation of:
(1) single-family housing in rural areas that is owned by low- and very low-income persons; and
(2) multifamily rental properties serving low- and very low-income persons in rural areas.
Authorizes the Secretary to provide rental assistance payments at the request of grantees to minimize the displacement of very low-income tenants of units to be rehabilitated.
Authorizes appropriations.
Directs the Secretary to allocate grant funds among States on the basis of the rural population and the extent of poverty and substandard housing in rural areas of each State relative to all States. Sets forth provisions governing the allocation of rental assistance payments, and procedures for the selection of grantees.
Requires each grant applicant to submit a Statement of its activities containing a description of its proposed rehabilitation program.
Includes among the criteria the Secretary shall use to evaluate the statements the extent to which each program would:
(1) serve very low-income families while minimizing their displacement; and
(2) alleviate overcrowding in rural residences inhabited by low- and very low-income families.
Limits the amount of assistance provided for a structure under any program to not more than 50 percent of the total rehabilitation costs for that structure.
Prohibits the owner of an assisted structure from refusing to rent a structure unit to a family solely because the family is receiving Federal rental assistance payments under the United States Housing Act of 1937.
Directs the Secretary to review each grantee's performance at least annually and to adjust, reduce, or withdraw assistance provided as appropriate.
Sets forth special requirements for proposed rehabilitation involving historic structures.
Directs the Secretary to submit to Congress annual reports on the success and use of funds under such grant and assistance program.
Prohibits FmHA rules from becoming effective unless they have been published for public comment in the Federal Register for at least 60 days.
Requires the Secretary to transmit to specified congressional committees a copy of each such rule when it is sent to the Federal Register. Provides an exemption for rules certified to be emergency rules.
Title VI - Program Amendments and Extensions
Amends the National Housing Act to extend through September 30, 1985, the authority of the Secretary of Housing and Urban Development to insure housing loans and mortgages under specified insurance programs contained in such Act. Terminates the Secretary's authority to insure mortgages for:
(1) servicemen after May 20, 1983; and
(2) mortgagors qualifying for home ownership assistance payments under such Act after September 30, 1984.
Authorizes the Secretary to insure mortgages for public hospitals.
Authorizes the appropriation of such funds as may be necessary to cover losses sustained by the General Insurance Fund. Amends the Housing and Urban Development Act of 1970 to authorize appropriations for research activities of the Department of Housing and Urban Development (HUD) for FY 1983 through 1985.
Repeals specified provisions that authorize special assistance and emergency mortgage purchase functions of the Government National Mortgage Association (GNMA). Amends the National Housing Act to repeal the Secretary's authority to establish maximum interest rates on Federal Housing Administration (FHA) loans.
Provides that housing mortgages or loans insured under programs that are extended beyond FY 1983, with specified exceptions, shall bear interest at such rate as may be agreed upon by the borrower and the lender.
(Currently, the Secretary sets or approves such interest rates within prescribed limits.) Continues the authority of the Secretary to set the maximum interest rate for insured mortgages of mortgagors receiving home ownership assistance payments.
Authorizes the Secretary to agree to an extension of the term of an insured mortgage on property or land to be improved or developed, upon determining that unusual circumstances make such extension necessary to avoid undue hardship to the mortgagor.
Amends the Multifamily Mortgage Foreclosure Act of 1981 to direct the Secretary to provide rental assistance payments to tenants displaced following the foreclosure sale of a multifamily project mortgage held by the Secretary. Limits the aggregate amount of commitments that the Government National Mortgage Association may make to guarantee mortgage backed securities during FY 1984.
Limits the amount of loans and mortgages that the Secretary may enter commitments to insure during FY 1984.
Repeals a provision of the Housing and Community Development Act of 1977 that requires the Secretary to publish prototype housing costs for each housing market area of the United States. Amends the National Housing Act to increase the maximum amounts of loans for purchasing manufactured homes and lots that may be insured under the FHA program.
Allows the Secretary to increase such maximum amounts for an area but not to exceed the percentage by which the maximum insurable amount for a one-family home in that area is increased.
(Currently, such increase is limited to $7500.) Allows a qualified owner-occupant of a manufactured home and lot purchased without FHA insurance to refinance such home through an FHA-insured loan, provided the home was constructed in accordance with standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974.
Allows the provision of FHA insurance for a mortgage having a principal obligation of up to 97 percent of the appraised value of not more than $50,000 of property on which a one- to four-family dwelling is located, provided the Secretary reports to Congress that such loan-to-value ratio will not adversely affect the actuarial soundness of the FHA mortgage insurance program.
Increases the amount of the principal obligation of a mortgage executed by a non-occupant mortgagor which is eligible for FHA insurance.
Authorizes the Secretary to fix mortgage insurance premiums separately for the different alternative mortgages, subject to the limitation of one percent of the outstanding principal obligation per year.
Authorizes the Secretary to insure, on a coinsurance basis, a specified number of mortgage loans for the purchase and construction of shell homes for occupancy by the buyers.
Directs the Secretary to encourage buyers to contribute the value of their labor as equity in the property.
Authorizes the Secretary to provide mortgage insurance benefits to a mortgagee without requiring conveyance of the title to the insured property if:
(1) the property is sold at foreclosure for at least its fair market value and the proceeds of the sale are deducted from the value of the mortgage; and
(2) all claims of the mortgagee relating to the mortgage are assigned to the Secretary. Makes it discretionary (rather than mandatory) for the Secretary to regulate the rents and rate of return on HUD-insured housing projects and to provide such insurance primarily to projects providing for families with children.
Permits the Secretary to insure mortgages of manufactured home parks designed exclusively for the elderly.
Eliminates special limitations on the amount of a mortgage involving refinancing for rehabilitation purposes which qualifies for FHA insurance.
Authorizes the Secretary to direct mortgagees exercising their option to assign certain insured mortgages to the Secretary, to deliver the mortgages and original credit installments directly to the Government National Mortgage Association in lieu of the Secretary. Authorizes the Association to hold and service such loans as agent for the Secretary. Eliminates the option of mortgagees to assign such insured mortgages to the Secretary with respect to a commitment to insure entered into on or after the effective date of this Act. Eliminates the requirement that a condominium meet one of the following conditions to qualify for FHA insurance:
(1) the project containing the condominium is or has been federally insured;
(2) there are less than 12 units in the project; or
(3) if the project has 12 or more units, it is more than one year old.
Deletes the additional condition that the mortgagor acquire the condominium for his or her own use and occupancy and not own more than four units covered by insured mortgages.
Adds a condition that at least 80 percent of the units with insured mortgages be occupied by the mortgagors or comortgagors.
Allows insurable mortgage limits to equal those for a single-family home in the area.
Prohibits the provision of insurance for converted rental units unless:
(1) the conversion occurred more than one year prior to the application for insurance;
(2) the mortgagor was a tenant of the rental unit; or
(3) the conversion is sponsored by an organization representing the majority of project households.
Extends the Secretary's authority to insure graduated payment mortgages.
Eliminates the requirements that a mortgagor must be unable to afford a dwelling under any other mortgage insurance program and must not have owned a dwelling within the previous three years in order to qualify for graduated payment mortgage insurance.
Deletes restrictions on the number of graduated payment mortgages which may be insured during a year.
Provides authority for the Secretary to insure graduated payment mortgages for housing projects consisting of five or more dwelling units.
Authorizes the Secretary to insure a limited number of adjustable rate mortgages for dwellings designed for occupancy by one to four families (single-family homes).
Permits annual interest rate adjustments of not to exceed one percent through adjustments in the monthly payment, the outstanding principal balance, the mortgage term, or a combination of these factors.
(1) extending the mortgage term beyond 40 years; or
(2) increasing the interest rate by more than five percentage points over the mortgage term.
Directs the Secretary to require the mortgagee to provide information to the mortgagor describing the features and maximum possible payment schedule for an adjustable rate mortgage.
Authorizes the Secretary to insure a specified number of shared appreciation mortgages for single-family homes, cooperative housing stock, and multifamily housing projects.
Provides that the mortgagee's share of a property's or stock's net appreciated value shall be paid upon the sale or transfer of the property or stock or payment in full of the mortgage, whichever comes first.
Excludes a mortgagee's share of the net appreciated value from the mortgagee's insurance benefits in the event of a default.
Directs the Secretary:
(1) to prescribe consumer protection and disclosure requirements applicable to shared appreciation mortgages; and
(2) in insuring such mortgages, to give a priority to low- and moderate-income tenants affected by the conversion of rental housing to condominium or cooperative ownership.
Exempts such mortgages from State authority.
Requires a shared appreciation mortgage on a multifamily housing project to have a mortgage term of at least 15 years and to be repayable in monthly installments needed to retire the debt over 30 years.
Directs the Secretary to establish the maximum percentage of net appreciated value of a multifamily housing project that is payable as the mortgagee's share.
Authorizes the Secretary to insure certain housing loans which do not completely amortize over the loan term.
Authorizes the Secretary to insure a specified number of home equity conversion mortgages for elderly homeowners on a demonstration basis.
Declares that such a mortgage shall:
(1) be secured by a first lien on property designed as a one-family residence;
(2) provide for periodic or lump sum payments to the homeowner based upon accumulated equity;
(3) have a fixed or variable term or provide for the lender and the homeowner to share the appreciation in the value of the property;
(4) become due on a specified date after disbursement of the full principal amount or when a specific event occurs such as the sale of the property or the death of the homeowner;
(5) allow prepayment without penalty; and
(6) provide for a fixed or adjustable interest rate.
Lists other conditions for insurance eligibility.
Establishes the eligibility of mortgagees for insurance benefits.
Directs the Secretary to require mortgagees to provide a written explanation of the features of a home equity conversion mortgage to any applicant.
Preempts State regulation of certain aspects of such a mortgage.
Authorizes the Secretary to take any actions necessary to:
(1) provide a mortgagor with funds to which the mortgagor is entitled but which the mortgagor has not received under an insured mortgage because the party responsible for payment has defaulted; and
(2) obtain repayment of such funds.
Directs the Secretary to evaluate such equity conversion mortgage program and report to Congress on:
(1) the appropriate types of mortgages for such program;
(2) any State or local laws which must be preempted;
(3) appropriate changes in FHA insurance;
(4) any risk to the FHA or mortgagors of such programs;
(5) whether such program has improved the financial situation or met the special needs of participating elderly homeowners and included any safeguards to offset the risks to mortgagors; and
(6) the potential for acceptance of such program in the private market.
Prohibits the Secretary from accepting an offer from an owner of an assisted multifamily housing project to prepay the project mortgage unless:
(1) the Secretary determines that the project no longer meets a need for low-income rental housing in the area or that the needs of the families in the project could be met more effectively through other Federal assistance programs;
(2) the tenants are notified of, and provided an opportunity to comment on, such prepayment; and
(3) there is a relocation plan to provide comparable housing to displaced tenants.
Directs the Secretary to give priority for rental assistance payments to tenants of projects whose owners do not need the Secretary's approval for prepayment.
Requires the owners who receive such additional assistance to maintain the low-income character of the project for the remaining term of the mortgage to the extent that assistance is provided.
Authorizes the Secretary to make expenditures to correct or provide compensation for structural defects in an FHA-insured single-family home for which a Veterans Administration loan guaranty was approved prior to construction.
Requires payment to the Government of mortgage insurance premiums promptly:
(1) upon their receipt from the borrower with respect to mortgages on single-family homes; and
(2) when due to the Secretary with respect to mortgages on multifamily housing projects.
Authorizes appropriations for the Neighborhood Reinvestment Corporation for FY 1983 through 1985.
Authorizes the Secretary to insure loans on units of a cooperative housing project constructed more than one year before the application for such insurance was submitted if the Secretary does not disapprove the underlying financing of such project.
Eliminates the requirement that projects be nonprofit to qualify for insurance.
Authorizes the Secretary to contract with the National Institute of Building Sciences to implement procedures for reviewing and accepting building systems and materials for use in structures approved for Federal loan or mortgage insurance.
Authorizes the Secretary, on a demonstration basis, to provide mortgage insurance for certain single-family homes through reinsurance contracts with private mortgage insurance companies.
Sets forth contract requirements.
Directs the Secretary to evaluate such demonstration program and report to Congress on the possible effect on the characteristics of the pool of mortgages remaining wholly under the General Insurance Fund and the actuarial soundness of the Fund under those conditions.
Provides for the liquidation of the new communities program authorized by the Housing and Urban Development Acts of 1968 and 1970.
Authorizes the transfer of the assets and liabilities of the new communities revolving fund to HUD's revolving fund (liquidating programs).
Cancels the duty of the Secretary to repay the principal and interest on obligations issued to the Treasury to finance such programs.
Amends the Housing and Urban Development Act of 1968 to authorize the corporations formed to build and rehabilitate housing for low- and moderate-income families to acquire and finance such housing.
Authorizes the corporations and the national housing partnerships to:
(1) manufacture products and services for use in connection with such housing; and
(2) engage in commercial facilities which are ancillary to housing projects to the level of 15 percent of the corporation's or partnership's activity.
Title VII - Homeowners' Relief
Unemployed Homeowners' Relief Act of 1983 - Authorizes the Secretary of Housing and Urban Development, acting through GNMA, to guarantee the timely payment of the principal and interest on junior mortgage loans made to assist homeowners in avoiding foreclosure on their mortgage loans.
Restricts eligibility for such junior mortgage loan guarantees to mortgagors who:
(1) have lost income as a result of involuntary unemployment or underemployment due to adverse economic conditions and are, therefore, unable to make full mortgage payments;
(2) are in default on mortgages on their principal residence; and
(3) maintained good mortgage payment practice prior to becoming unemployed or underemployed.
Prohibits the Secretary from providing assistance for a mortgage unless:
(1) the property securing the mortgage is a one-family residence that is the mortgagor's principal residence;
(2) the mortgage is not insured by the FHA or the FmHA; and
(3) the original principal obligation of the loan does not exceed FHA mortgage limits.
Permits the Secretary to make such a guarantee only if:
(1) foreclosure would result without such assistance; and
(2) there is a reasonable prospect that the mortgagor will be able to resume making full mortgage payments.
Limits the amount of a guaranteed loan to the amount required to cover the payments due under the first and any other senior mortgage for three months preceding, and up to 24 months following, the date of the loan.
Requires that the mortgagor make partial payments of up to five percent of such payments during the period of the guaranteed loan.
Conditions any junior mortgage loan guarantee on agreement by the lender to:
(1) assume the first ten percent of any loss;
(2) place the loan proceeds in escrow for payments on the first mortgage, interest payments to the lender, and prepayment of principal on the guaranteed loan; and
(3) pay the mortgagor any amounts remaining in escrow after fulfillment of all obligations of the guaranteed loan.
Requires the Secretary to guarantee the timely payment of interest before the mortgagor's repayment obligation begins and of principal and interest thereafter for any guaranteed junior mortgage loan that is sold to investors.
Requires a mortgagor to begin repaying any guaranteed loan not later than the end of 24 months after the date the loan was executed and to pay the loan in full within 12 years.
Directs the Secretary to make a guarantee under this Act upon a lender's certification that:
(1) the loan and the mortgagor meet the requirements of this Act;
(2) the mortgage is secured by a lien on the mortgagor's principal residence; and
(3) the lender has provided credit counseling to the buyer.
Directs the Secretary and certain Federal supervisory agencies to:
(1) waive or relax limitations on the operations of financial institutions and other mortgagees in order to cause or encourage forebearance in residential mortgage loan foreclosures; and
(2) direct mortgagees to inform mortgagors involved in foreclosure proceedings of the assistance available under this title.
Allows the Secretary to impose a one percent fee for any guarantee under this title.

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