Housing and Community Development Act of 1990

Housing and Community Development Act of 1990 - Title I: National Housing Trust Demonstration - Subtitle A: National Housing Trust Demonstration - National Housing Trust Act - Establishes: (1) the National Housing Trust in the Department of Housing and Urban Development (HUD) to provide assistance to first-time homebuyers; and (2) the National Housing Trust Fund in the Treasury to provide funds for such assistance. Authorizes appropriations. Terminates the Trust on September 30, 1993.

Subtitle B: Other Homeownership Demonstration Programs - Part 1: Homeownership Made Easier Demonstration - Authorizes the Secretary of Housing and Urban Development (Secretary) to provide matching contribution certificates for homeownership downpayments and related settlement costs. Requires an eligible buyer to establish a HOME savings certificate account. Authorizes appropriations. Prohibits the issuance of a matching certificate to HOME savings accounts established after September 30, 1991.

Part 2: Second Mortgages for First-Time Homebuyers - Authorizes the Secretary to make grants to local governments and nonprofit organizations for second mortgage assistance for first-time homebuyers. Authorizes appropriations.

Title II: Rental Housing Production - Authorizes the Secretary to provide repayable advances to assist eligible sponsors to acquire, rehabilitate, or construct rental housing. Establishes in the Treasury the Rental Housing Production Fund to carry out such program. Authorizes appropriations.

Title III: HOPE Programs - Homeownership and Opportunity for People Everywhere Act of 1990 - 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 appropriations.

Subtitle B: HOPE for Homeownership of Multifamily Units - Authorizes the Secretary to make planning and implementation grants for multifamily housing. Authorizes appropriations.

Subtitle C: HOPE for Homeownership of Single Family Homes - Authorizes the Secretary to make planning and implementation grants for single family homes. Authorizes appropriations.

Subtitle D: Other HOPE Programs - Authorizes the Secretary to establish a demonstration program of combining housing certificates and supportive services in order to assist frail elderly persons to live independently. Authorizes appropriations.

Authorizes the Secretary to make grants to public housing authorities (including Indian housing authorities) to improve vacant public housing units. Authorizes appropriations.

Amends the United States Housing Act to establish HOPE for Family Self-Sufficiency programs to promote local strategies to coordinate certificate and voucher assistance with public and private resources to enable eligible families to achieve economic independence.

Authorizes grants for family self-sufficiency assistance facilities. Authorizes appropriations.

Subtitle E: Housing Opportunity Zones - Authorizes the Secretary to designate housing opportunity zones and approve barrier-removal plans for cities and urban counties in order to remove legislative and administrative barriers to new and rehabilitated housing production.

Title IV: Community Housing Partnership - Community Housing Partnership Act - Subtitle A: Housing Education and Organizational Support Grants for Community Based Housing Projects - Authorizes the Secretary to provide housing education and organizational support grants to eligible cities and States and directly to nonprofit sponsors and nonprofit organizations. Authorizes appropriations.

Subtitle B: Community Housing Partnership Grants - Authorizes the Secretary to provide grants to cities and States and grants and loans to nonprofit sponsors to acquire, construct, and rehabilitate low-and moderate-income housing.

Allocates community partnership housing grants among metropolitan and urban areas, States for non-urban use, and nonprofit sponsors.

Directs the Secretary to carry out combined housing and economic development demonstration programs in the following areas: (1) Milwaukee, Wisconsin; (2) the District of Columbia; and (3) Philadelphia, Pennsylvania.

Authorizes appropriations.

Subtitle C: General Provisions - Defines specified terms for purposes of this title.

Title V: Housing Assistance - Subtitle A: Programs Under the United States Housing Act of 1937 - Amends the United States Housing Act of 1937 to increase FY 1990 and 1991 lower income housing budget authority.

Revises public housing eviction and termination procedures.

Directs the Secretary to develop public housing agency (PHA) performance standards, including designation standards for troubled public housing agencies and agreements for corrective measures. Provides for project-based accounting systems.

Extends authorization of appropriations for discretionary contributions for the operation of lower income housing projects.

Provides as an allowance expense certain PHA litigation costs against the Federal Government.

Amends the United States Housing Act of 1937 regarding the allocation of public and Indian housing modernization funding to: (1) establish a formula allocation for PHAs with 500 or more units (including amounts set aside for disaster- or emergency-caused modernization needs and for troubled agencies); and (2) establish special purpose management modernization for PHAs with fewer than 500 units.

Authorizes up to 25 percent of public housing contribution contract units to be made available to lower income families other than very low-income families.

Extends authorization of appropriations for public housing resident management assistance.

Makes Indian mutual help ownership projects eligible for comprehensive improvement assistance.

Authorizes the Secretary to waive public housing income eligibility and rent requirements for police officer or security personnel tenants.

Amends the Housing and Urban-Rural Recovery Act of 1983 to obligate specified funds for public housing early childhood learning services grants.

Obligates specified funds for Indian public housing early childhood learning services.

Amends the Anti-Drug Abuse Act of 1988 to extend the authorization of appropriations for public housing drug elimination grants. Authorizes the use of certain funds for youth sports programs in public housing projects with substantial drug use problems.

Directs the Secretary to establish a public housing one-stop perinatal services demonstration program.

Amends the United States Housing Act of 1937 to increase the exemption from public housing and section 8 requirements.

Requires lower income housing PHAs to make units available to families involved in foster care child placement or reunification. Provides section 8 certificates for such families. Authorizes appropriations.

Permits section 8 separate fair market rent calculations for areas within a housing market area under specified circumstances.

Permits a PHA to enter into a section 8 contract of less than 12 months duration if the annual contribution contract is within one year of expiration.

Permits section 8 assistance for PHA-owned units.

Provides section 8 assistance for FY 1991 use to Norfolk, Virginia, in connection with a specified settlement agreement.

Directs the Comptroller General to conduct a study and report to the Congress regarding section 8 failure rates.

Directs the Secretary to carry out a feasibility study and report to the Congress regarding Indian housing authority eligibility for section 8 vouchers.

Extends authorization of appropriations for rental rehabilitation grants.

Exempts the county of Santa Cruz, California, from certain housing development grant construction commencement requirements.

Subtitle B: Other Housing Assistance Programs - Amends the Housing Act of 1959 with regard to the housing for the elderly and handicapped program (section 202) to: (1) extend borrowing and loan authority; (2) consider AIDS an eligible handicap; (3) make elder cottage housing units and Resolution Trust Corporation properties eligible program housing; and (4) obligate specified funds for housing and services for the frail elderly.

Makes service coordinators and a specified amount of supportive expenses eligible section 202 project costs.

Provides for centralized section 202 housing application locations.

Directs the Secretary to study and report to the Congress regarding the section 202 housing program.

Amends the Congregate Housing Services Act of 1978 to extend the authorization of appropriations for the congregate housing services program.

Revises the congregate housing services program. Authorizes appropriations.

Amends the Housing and Urban Development Act of 1968 to extend the authorization of appropriations for housing counseling and emergency homeownership counseling.

Amends the Housing and Community Development Act of 1987 to extend authority for the multifamily housing disposition partnership.

Amends the Housing and Community Development Amendments of 1978 to restrict use of the Flexible Subsidy Fund to only the flexible subsidy program.

Amends the Housing and Community Development Act of 1987 to extend the authorization of appropriations and authority for the Nehemiah housing opportunity grant program.

Amends the Housing and Community Development Amendments of 1978 to revise property disposition requirements for unsubsidized multifamily housing projects.

Directs the Secretary to make grants for home repair services for older homeowners and disabled homeowners. Gives preference to very low-income persons and persons with the greatest social needs. Authorizes appropriations.

Authorizes the Secretary to make State grants to establish housing revolving funds for low- to moderate-income renters and first-time homebuyers. Directs the Comptroller General to audit such activities. Authorizes appropriations.

Title VI: Rural Housing - Amends the Housing Act of 1949 to extend rural housing program authorizations for: (1) insurance and guarantee authority; (2) rural housing assistance; (3) rental assistance; (4) supplemental rental assistance; (5) rental housing loans; and (6) mutual and self-help housing grants and loans.

Requires the Secretary to follow State foreclosure procedures to the extent they are more beneficial to the borrower than procedures that the Secretary would otherwise follow.

Requires that interests on Indian lands be disposed only to a tribal member, the tribe, or the appropriate Indian housing authority.

Authorizes the assumption of loans under the housing program for elderly persons and families in rural areas.

Revises the definition of rural area.

Authorizes a deferred mortgage demonstration program for persons with income below rural housing loan qualifying levels.

Directs the Secretary to provide guaranteed rural housing loans to moderate income borrowers in areas where there is an insufficient availability of mortgage financing from other sources. Gives priority to first-time homebuyers.

Directs the Secretary to designate specified numbers of targeted underserved housing areas. Sets aside specified lending funds for such areas.

Authorizes the Secretary to provide financial assistance for migrant farmworkers and homeless individuals. Authorizes appropriations.

Title VII: Community Development, Mortgage Insurance and Secondary Mortgage Market, and Miscellaneous Programs - Subtitle A: Community and Neighborhood Development and Preservation - Amends the Housing and Community Development Act of 1974 to extend authorization of appropriations for the community development block grant program (CDBG). Obligates specified funds for: (1) grants to institutions of higher education; (2) grants to historically black colleges; (3) grants in Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (4) grants to demonstrate the feasibility of developing a database system and computer mapping tool to program and evaluate community development block grants; and (5) establishment of a national computerized database.

Increases the minimum percentage of CDBG funds targeted for low- and moderate-income individuals.

Makes permanent a city's authority to elect not to retain its metropolitan city classification. Revises urban county classification requirements.

Authorizes the provision of lump-sum payments to revolving loan funds.

Requires: (1) recipients to submit prioritized lists of anticipated community development needs; and (2) the Secretary to compile such lists into a national computerized database.

Revises the allocation formula for a metropolitan city that has annexed an urban county.

Permits CDGB fund use for direct homeownership assistance.

Revises community development loan guarantee provisions with regard to: (1) guarantee of loans issued by nonentitlement communities and territories; (2) guarantee of housing construction loans; (3) loan repayment periods; (4) outstanding loan guarantee amount per issuer; (5) allocation of loan guarantees and limitation on amount guaranteed for each community; (6) debt payment assistance; (7) training and information; (8) annual reports; and (9) regulations.

Exempts the provision of CDBG grantee assistance to Hawaiian Home Lands from certain nondiscrimination provisions.

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. Extends the urban homestead authorization of appropriations and authorizes additional appropriations.

Amends the Housing Act of 1964 to extend the rehabilitation loan program. Limits loan commitments to amounts provided for in appropriation Acts. Repeals nonresidential use provisions. Limits multifamily loan amounts.

Amends the Neighborhood Reinvestment Corporation Act to extend the authorization of 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.

Directs the Corporation to study and report to the Congress regarding: (1) neighborhood development opportunities on Indian trust lands; and (2) lower income family home purchase and rehabilitation assistance programs, including "sweat equity" contributions.

Amends the Housing and Urban-Rural Recovery Act of 1983 to extend the authorization of appropriations for the neighborhood development demonstration program.

Authorizes the use of specified urban renewal land disposition 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; and (6) Fairmount Heights, Maryland.

Directs the Secretary to study and report to the appropriate congressional committees regarding the availability of housing proximate to places of employment.

Subtitle B: Mortgage Insurance and Secondary Mortgage Market Programs - Amends the National Housing Act to extend and limit Federal Housing Administration (FHA) mortgage insurance program authority. Increases mortgage limits. Requires mortgagee disclosure of interest due upon mortgage prepayment.

Prohibits FHA mortgages from varying mortgage costs and interest rates on the basis of the loan amount. Directs the Secretary to assess mortgagee performance in meeting a community's residential lending needs.

Includes the Virgin Islands among high-cost FHA insurance areas.

Provides cash incentives to forestall mortgage "put" options.

Revises energy efficiency standards for new FHA-insured housing to include the 1989 Model Energy Code of the Council of American Builders.

Increases the number of mortgages that may be insured under the home equity conversion demonstration program for elderly homeowners.

Increases loan limits for property improvement loan insurance.

Disapproves, and prohibits the Secretary from implementing, a certain HUD regulation regarding property disposition.

Amends the Federal National Mortgage Association Charter Act to extend Government National Mortgage Association (GNMA) mortgage-back security guarantee authority.

Requires the Secretary to implement a delegated mortgage processing system.

Extends the section 235 lower income homeownership program. Extends program payment, insurance, and housing stimulus authorities.

Excludes amounts not actually received from the definition of income under the section 236 rental assistance program. Authorizes owner reimbursement for capital advances and operating loss expenditures.

Subtitle C: Regulatory and Other Programs - Amends the Housing and Community Development Act of 1987 to extend the authorization of appropriations and program authority for the fair housing initiatives program.

Amends the Housing and Urban Development Act of 1970 to extend the authorization of appropriations for housing research and development.

Amends the Real Estate Settlement Procedures Act of 1974 to require services 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.

Amends the Manufactured Housing Construction and Safety Standards Act of 1974 to revise manufactured home construction and safety standards. Directs the Secretary to establish a system to issue periodically interpretations of such standards and provide affected parties with notice and opportunity for comment. Reduces National Manufactured Home Advisory Council membership. Revises related provisions regarding: (1) research, testing, development, and training; (2) prohibited acts; (3) jurisdiction and venue; (4) standards noncompliance; (5) inspection criteria; (6) manufacturer notification and safety hazard correction; (7) manufacturer certification of conformity with construction and safety standards and warranties; (8) inspection fees; (9) consumer information; (10) State jurisdiction; and (11) reports to the Congress.

Amends the Housing and Community Development Act of 1974 to authorize appropriations for the National Institute of Building Sciences.

Exempts volunteer laborers or mechanics doing construction or rehabilitation under specified housing programs from Davis-Bacon Act requirements.

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) report to the Congress at least annually about housing energy use and efficiency; (2) establish an energy efficiency standard; (3) carry out an energy efficiency demonstration program (authorizes appropriations for this); and (4) establish a five-year energy efficiency plan.

Authorizes the Secretary to make grants to States for a low-income housing conservation and efficiency grant program. Authorizes appropriations.

Directs the Secretary to: (1) develop seismic safety standards for HUD assisted properties; and (2) report annually to the Congress.

Directs the Secretary to carry out a two-year program to: (1) promote the development of affordable housing information through the reform of regulations and administrative restrictions; and (2) study model communities.

Subtitle D: 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; (4) urban development action grants; and (5) rural housing.

Title VIII: Homeless Prevention - Subtitle A: Emergency Low Income Housing Preservation - Amends the Housing and Community Development Act of 1987 to make permanent certain provisions regarding mortgage prepayment and other low-income housing preservation measures.

Authorizes owner prepayment of a mortgage insured under the National Housing Act without HUD approval if the owner has notified the Secretary, the appropriate local government, the mortgagee, and the tenants. Requires the Secretary to publish a list of all properties subject to prepayment. Sets forth notification provisions. Provides owner incentives to maintain low-income housing.

Provides for the voluntary sale of projects to tenants (resident homeownership). Authorizes the Secretary to provide grant assistance for such purpose. Authorizes appropriations.

Amends the National Housing Act to revise low-income housing mortgage insurance provisions.

Subtitle B: Other Homeless Prevention Programs - Amends the United States Housing Act of 1937 to set aside specified FY 1990 and 1991 budget authority for the following homeless prevention activities: (1) section 8 property disposition; (2) section 8 loan management; (3) section 8 contract extensions; (4) section 8 contract amendments; and (5) public housing lease adjustments.

Amends the Housing Community Development Act of 1974 to authorize additional FY 1991 appropriations for grants to States and local governments to convert in rem properties into permanent residences for the homeless.

Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to permit local governments to use recaptured refinancing funds for additional housing activities.

Amends the United States Housing Act of 1937 to authorize section 8 assistance to prevent prepayment under State mortgage programs.

Expresses the sense of the Congress that donors and distributors of charitable food donations for the homeless should not be liable for any resultant death or injury unless there was gross negligence or recklessness on their part.

Directs the Secretary to: (1) consult with the Secretary of Defense and the States regarding the use of National Guard facilities as overnight shelters for the homeless; and (2) report to the Congress.

Subtitle C: Homelessness Prevention for Individuals With AIDS - AIDS Housing Opportunity Act - Part I: Grants for AIDS Housing Information and Coordination Services - Authorizes the Secretary to make grants to eligible organizations and agencies for AIDS housing information and for expanding housing assistance for persons with AIDS. Provides for recipient confidentiality. Authorizes appropriations. Provides for outreach to women, children, and minorities.

Part II: AIDS Short-Term Supported Housing and Services Demonstration - Amends the Stewart B. McKinney Homeless Assistance Act to authorize the Secretary to make grants for programs to prevent homelessness among persons with AIDS and to provide them with short-term supported housing and related services. Provides for minority outreach and programs for intravenous drug users. Authorizes appropriations.

Part III: Permanent and Transitional Housing and Services - Increases FY 1990 and 1991 budget authority for housing assistance to persons with AIDS under the United States Housing Act of 1937 section eight certificate (including shared housing) and moderate rehabilitation for single room occupancy programs.

Authorizes the Secretary to make grants to States and metropolitan areas for community residences and services for persons with AIDS. Authorizes appropriations. Obligates funds for the territories and Indian tribes.