Housing and Community Development Act of 1980

(Measure passed House, amended, roll call #480 (291-43))

Housing and Community Development Act of 1980 - =Title I: Community and Neighborhood Development and Conservation= - Amends the Housing and Community Development Act of 1974 to specify for fiscal years 1981, 1982, and 1983 that no data derived from the 1980 Decennial Census, except those relating to population and poverty, shall be taken into account for purposes of the allocation of funds to metropolitan areas. Prohibits, for fiscal years 1981, 1982, and 1983, any revision to the criteria for establishing a metropolitan area or defining a central city of such an area published after January 1, 1980, to be taken into account for purposes of this title, except in the case of any area or city which would newly qualify as a metropolitan area or a central city of such an area.

Specifies that, with respect to grants for State, tribal, and local community development programs, beginning in fiscal year 1981, the population of any unit of general local government which is included in that of an urban county shall be included in the population of such urban county for three program years beginning with the program year in which its population was first so included.

Requires any county seeking qualification as an urban county, including any urban county seeking to continue such qualification, to notify each unit of general local government, which is included therein and is eligible to elect to have its population excluded from that of an urban county, of its opportunity to make such an election.

Declares that the Congress finds that the Nation's cities, towns, and smaller urban communities face critical social, economic, and environmental problems arising in significant measure from increasing energy costs which have seriously undermined the quality and overall effectiveness of local community and housing development activities. States that concerted action is required of Federal, State, and local governments to address the economic and social hardships borne by communities as a consequence of scarce fuel supplies. Allows grants for State and local community development programs to be available for the conservation of the Nation's scarce energy resources, improvement of energy efficiency, and the provision of alternative and renewable energy sources of supply.

Allows the applicant, at the discretion of the applicant, when applying for such grants, to include as part of the program summary, formulation, and description required by such Act, comparable information with respect to the applicant's energy conservation and renewable energy resource needs and objectives.

Makes activities necessary to the development of a comprehensive community-wide energy use strategy eligible for assistance under the community development program.

Authorizes the appropriation of funds for the purpose of making grants to States and units of local government to help finance community development programs for fiscal years 1981 through 1983.

Authorizes funds for fiscal years 1981 through 1983 for the purpose of assisting severely distressed cities that require supplemental grant assistance in order to alleviate excessive deterioration through neighborhood reclamation and community revitalization.

Limits amounts of appropriated funds which may be used to aid metropolitan cities, urban counties, and other units of local government within metropolitan areas to meet their basic grant needs. Eliminates hold-harmless entitlements. Declares that funds which are to be reallocated, after a determination by the Secretary that they are not likely to be fully obligated during a community development program period, shall be reallocated first to other units of general local government in the metropolitan area to which the funds were originally allocated, second, in any metropolitan area in the same State, and third, in any other metropolitan area.

Requires an applicant for a grant under the community development program to take into account the effect of such activities on the involuntary displacement of low- and moderate-income persons and appropriate environmental factors.

Requires the Secretary of Housing and Urban Development to continue the study on involuntary displacement conducted under the Housing and Community Development Amendments of 1978 and to transmit, not later than March 30, 1981, a report to Congress which shall contain: (1) data collected since the initial report; and (2) further recommendations on minimizing involuntary displacement and alleviating problems caused by such displacement.

Amends the Housing Act of 1964 to define the terms "congregate housing" and "single-room occupancy housing" as residential property in which some or all of the dwelling units do not contain kitchen or bathroom facilities.

Extends the rehabilitation loan program under such Act to include congregate housing and single-room occupancy housing, and to authorize appropriations for fiscal years 1980 and 1981 for community and neighborhood development and conservation programs.

Authorizes appropriations, through fiscal year 1982, for the neighborhood self-help development programs under the Housing and Community Development Amendments of 1978.

Authorizes the Secretary of Housing and Urban Development to reimburse the Veterans Administration for properties transferred to urban homesteading programs.

Requires the Secretary, not later than January 1, 1983, to report to the Congress with respect to the adequacy, effectiveness, and equity of the formula used for the allocation of funds for community development programs under the Housing and Community Development Act of 1974, with specific analysis and recommendations concerning the manner in which such formula is or could be affected by the date derived from the 1980 decennial census.

Amends the Housing and Community Development Act of 1974 to require an applicant for an urban development action grant to identify all properties which are included or are eligible for inclusion on the National Register of Historic Places and would be affected by such project to the appropriate State historic preservation officer and the Secretary of the Interior. Requires the Secretary, after consulting with the Secretary of Housing and Urban Development, to prescribe and implement regulations concerning such projects. Directs the Secretary of the Interior in prescribing and implementing such regulations to provide that: (1) the appropriate State historic preservation officer, within 45 days after receiving information from the applicant, submits comments, together with such other information considered necessary to the applicant concerning such properties; and (2) the Secretary, not later than 45 days after receiving such application and the comments submitted to the applicant by the State historic preservation officer, shall make a determination as to whether any of the properties affected by such project is eligible for inclusion on the National Register of Historic Places.

Authorizes the Secretary of Housing and Urban Development to allow certain grantees under the community development block grant program which are not undertaking a comprehensive community development program to file performance reports less frequently than annually.

Includes certain independent cities in computing the amounts of community development grants for urban counties.

=Title II: Housing Assistance Programs= - Authorizes additional authority for the Secretary of Housing and Urban Development to enter into contracts for annual contributions under the United States Housing Act of 1937, after October 1, 1980, for low-income housing projects.

Directs the Secretary to enter into only such new contracts for preliminary loans as are consistent with the number of dwelling units for which contracts for annual contributions may be entered into.

Amends the United States Housing Act of 1937 to provide assistance to improve the physical condition of existing public housing projects, and to upgrade the management and operation of such projects, in order to assure that such projects continue to be available to serve low-income families.

Allows the Secretary to make available and contract to make available financial assistance to public housing agencies for the purpose of improving the physical condition of existing low-rent public housing projects and for upgrading the management and operation of such projects to the extent necessary to maintain such physical improvements.

Prohibits such assistance from being made, except in the case of a public housing agency which meets such criteria of financial distress as are established by the Secretary, unless the Secretary has approved an application from the public housing agency which has been developed in consultation with appropriate local officials and with tenants of such housing projects. Sets forth the information required in such application.

Specifies that, in the case of a public housing agency which meets the financial distress criteria, not more than five percent of the total amount of assistance made available to all public housing agencies in any year shall be made available for such purposes.

Declares that in making such assistance the Secretary shall give preference to public housing agencies which: (1) request assistance for projects having conditions which threaten the health or safety of the tenants or have a significant number of vacant, substandard units; and (2) have demonstrated a capability of carrying out the activities proposed in the plan submitted and approved by the Secretary.

Provides for assistance to any public housing agency in an amount which the Secretary determines is necessary to meet emergency or special purpose needs.

Allows the Secretary to make, and contract to make, periodic interest reduction payments on behalf of the owner of a multifamily rental project in order to encourage the construction of new or substantially rehabilitated multifamily rental housing projects designed for families with incomes which do not exceed 150 percent of the median income of the area in which the project is located.

Permits such payments to be made for a period of not more than 30 years to mortgages holding mortgages secured by such a project.

Requires the Secretary to establish procedures for review of incomes of tenants at intervals of two years. Requires the Secretary, if as a result of such review it is determined that there are tenants in the project whose incomes exceed 150 percent of the median income for the area, to provide that rental payments made by each such tenant shall increase over a three-year period so that at the end of such period each such tenant will be paying the amount of rent which would be charged with respect to the tenant's dwelling unit if payments were not made with respect to the project. Reduces the amounts payable by the Secretary with respect to the project by any amount received by the owner as a result of such increased rental payments.

Directs the Secretary, in making such rental assistance, to give a preference to projects which have or will receive financial contributions for a State or local government.

Amends the Housing and Community Development Act of 1974 to prohibit multifamily housing initiative program assistance from being available if the unit of general local government, with jurisdiction over the area in which the project is to be located, has any law, ordinance or other measure which would control rents on projects built after the date of enactment of this Act.

Authorizes appropriations through fiscal year 1982 for operating assistance for troubled multifamily housing projects under the Housing and Community Development Amendments of 1978. Amends the National Housing Act to direct the Secretary to utilize amounts credited to the rental housing assistance fund for the sole purpose of carrying out assistance for trouble multifamily housing projects through September 30, 1981.

Increases the allowable maximum amount for mortgage assistance payments under the National Housing Act.

Amends the National Housing Act to require the Secretary of Housing and Urban Development, upon disposition or nonoccupancy by the homeowner of any property receiving a mortgage assistance payment, except any property with respect to which there is an assumption in accordance with such Act, to provide for the recapture of any amount equal to the lesser of: (1) the amount of assistance actually received; or (2) an amount equal to at least 50 percent of the net appreciation of the property, as determined by the Secretary.

Allows the Secretary, under the mortgage insurance program, to insure a mortgage involving a principal obligation which exceeds, by not more than ten percent, the maximum limits, if such mortgage relates to a dwelling to be occupied by a physically handicapped person.

Allows the Secretary, in order to prevent inflationary conditions and related governmental actions from having a severely disproportionate effect on the housing industry, to make and contract to make periodic assistance payments to mortgagees or other lenders on behalf of homeowners (including the owners of mobile homes). States that not more than 75 percent of such authority may be so utilized. Terminates such authority on September 30, 1981, or at such earlier date as the Secretary may deem appropriate. Sets forth the eligibility requirements for such assistance payments.

Specifies that assistance payments to a mortgagee by the Secretary on behalf of a homeowner shall be made only during such time as the homeowner shall continue to occupy the property which secures the mortgage or loan.

Permits the Secretary to insure, upon application by the mortgagee, a mortgage executed by a mortgagor who meets the eligibility requirements for assistance payments. Sets forth the eligibility requirements for such insurance.

Amends the Housing and Community Development Amendments of 1978 to require a public housing agency or nonprofit corporation applying for assistance to provide congregate services: (1) to elderly residents to consult with the Area Agency on Aging; and (2) to nonelderly handicapped residents to consult with the appropriate agency.

Requires HUD-owned multifamily projects to be preserved and maintained so that they are available to an affordable by low- and moderate-income families and remain available to other families who occupy them at the time of acquisition.

Amends the United States Housing Act of 1937 to provide funds to cover the administrative cost of public housing for Indians and Alaskan Natives.

Amends the United States Housing Act of 1937 to authorize the Secretary of Housing and Urban Development to enter into contracts for assistance with respect to newly constructed or substantially rehabilitated public housing projects. Requires the installation of a passive or active solar energy system in any such project unless the Secretary determines that such installation would not be cost effective over the estimated life of the system.

Allows the Secretary, for moderately rehabilitated public housing projects, to establish a maximum monthly rent which exceeds the fair market rental by not more than 30 percent if such units are located in an area where the Secretary finds cost levels so require.

Amends the Housing and Community Development Amendments of 1978 to establish a security program for public housing.

Prohibits the Secretary of Housing and Urban Development from making financial assistance available for the benefit of any nonimmigrant student-alien.

Prohibits the Secretary from excluding from consideration for financial assistance under federally assisted housing programs, proposals for housing projects solely because the site proposed is located within an impacted area.

Amends the United States Housing Act of 1937 to limit the authority of the Secretary to increase lower-income housing assistance rent levels to ten percent above the rent limits set forth in such Act (previously 20 percent).

=Title III: Program Amendments and Extensions= - Extends through September 30, 1981, the authority of the Secretary of Housing and Urban Development (HUD) to insure mortgages or loans under certain HUD mortgage or loan insurance programs under the National Housing Act and to set interest rates for insured mortgage loans.

Extends, through October 1, 1981, the authority of the Secretary to set flexible interest rates. Directs the Secretary, in setting such rates, to seek to minimize discount points and uncertainty and speculation in connection with mortgage and loan transactions insured under the National Housing Act.

Extends until October 1, 1981, the authority of the Government National Mortgage Association to enter into new commitments to purchase mortgages under the interim mortgage purchase authority of the National Housing Act, as amended by the Emergency Home Purchase Assistance Act of 1974.

Authorizes appropriations for research and demonstration housing projects through fiscal year 1981.

Amends the National Housing Act to authorize appropriations to cover losses sustained by the General Insurance Fund.

Amends the National Housing Act to increase the mortgage purchase authority of the Government National Mortgage Association.

Increases, by up to 20 percent, the amounts which may be insured under the National Housing Act for multifamily and institutional projects if such increase is necessary to account for the increased cost of the project due to the installation of a solar energy system.

Requires a mortgage, in order to be eligible for mortgage insurance under the National Housing Act, to have a period of not less than ten years to run beyond the maturity date of the mortgage.

Makes mortgaged property located where concentrated housing, physical development, and public service activities are being or will be carried out in a coordinated manner, pursuant to a locally developed strategy for neighborhood improvement, conservation, or preservation, eligible for rehabilitation and neighborhood conservation housing insurance under the National Housing Act.

Authorizes the Secretary, as an alternative to the acquisition of an insured mortgage to avoid foreclosure, to make all or part of the monthly payments due on an insured mortgage of a one to four family residence necessary to avoid default caused by circumstances beyond the mortgagor's control. Stipulates that such payments may be provided for a period of up to 18 months which may be extended for an additional 18 months at the discretion of the Secretary, and may be made only to the extent approved in appropriation Acts. Requires the Secretary to provide home ownership counseling to persons receiving such assistance.

Requires the Secretary of Housing and Urban Development, by March 15 of every other year beginning with calendar year 1981, to report to Congress concerning housing production goals for the current year and set forth general objectives for such activity during the next year.

Declares that the land transferred by the city of Springfield, Illinois, to the United States Department of the Interior for the Lincoln Home National Historic Site shall be deemed to have been made in accordance with the provisions of the Housing Act of 1961 and any other law and with any regulations or other requirements in implementation thereof.

Amends the Energy Conservation Standards for New Buildings Act of 1976 to extend until April 1, 1983 the deadline for energy conservation standards for new buildings. Requires the Department of Energy to issue interim regulations for Building and Energy Performance Standards by August 1, 1981. Requires the Secretary of Energy to conduct a demonstration project utilizing such standards in at least two geographical areas in different climatic regions of the country and report the findings and conclusions to the Congress.

Amends the Federal National Mortgage Association Charter Act to limit mortgage amounts which may be purchased under certain secondary financing programs.

Amends the National Housing Act to provide supplementary loans for multifamily housing projects if meters are purchased or installed in connection with other energy conserving improvements or with a solar energy system or the project meets minimum standards of energy conservation as established by the Secretary of Housing and Urban Development.

Increases the mortgage limits in the case of property upon which there is located one to four family dwelling units.

Increases the limit on loans for mobile homes and lots with respect to credit insurance of financial institutions.

Amends the National Housing Act to permit the Secretary to insure, and to commit to insure, a mortgage which meets specified requirements and such criteria as the Secretary by regulation shall prescribe, in any community where the Secretary determines that: (1) temporary adverse economic conditions exist throughout the community as a direct and primary result of outstanding claims to ownership of land in the community by an American Indian tribe, band, or nation; (2) such ownership claims are reasonably likely to be settled, by court action or otherwise; and (3) 50 or more individual homeowners were joined as parties defendant or were members of a defendant class prior to April 1, 1980, in litigation involving claims to ownership of land in the community by an American Indian tribe, band, group, or nation pursuant to a dispute involving the Trade and Intercourse Act of 1790, or any similar State or Federal law.

Amends the Neighborhood Reinvestment Corporation Act to authorize appropriations through fiscal year 1981 for the Neighborhood Reinvestment Corporation.

Requires the Secretary of Housing and Urban Development to study the feasibility of utilizing manufactured and other appropriate types of housing in carrying out housing programs for Indians and Alaskan Natives.

Amends the Federal National Mortgage Association Charter Act to authorize the corporation to purchase, service, sell, lend on the security of and otherwise deal in loans or advances of credit for the purchase and installation of home improvements, including energy conserving improvements or solar energy systems, or for the purchase of a mobile home.

Amends the National Housing Act to direct the Secretary of Housing and Urban Development, in connection with a loan or mortgage insurance program established under such Act, to require that payment of such premiums be made promptly upon their receipt from the borrower. Stipulates that the Secretary may approve payment of such premiums within 12 months of such receipt if the financial institution, mortgagee, or agent thereof pays interest, at a rate specified by the Secretary, to the insurance fund for the period beginning 20 days after receipt from the borrower and ending upon payment of the premiums to the Federal government.

Amends the National Housing Act to revise the procedure for the foreclosure of loans under the rehabilitation loan insurance program.

Permits the FHA to insure individual mortgages in condominium projects which are approved by the Veterans' Administration on the same terms which the FHA insures units in condominiums which it has approved.

Amends the National Housing Act, the United States Housing Act of 1937, and the Housing and Community Development Act of 1974 to change all references to "mobile homes" in such Acts to "manufactured housing."

Specifies that, pending the effective date of the final rule for Building Energy Performance Standards, any final rule published for effect by the Department of Housing and Urban Development pertaining to increases in thermal requirements for the HUD minimum property standards shall provide for the continuation of any local acceptable standards exemptions which are applicable to masonry construction.

Authorizes the Secretary of Housing and Urban Development to allow the interest rate applicable to ten percent of the mortgages insured under the National Housing Act to be at an interest rate specified in a commitment agreement which is negotiated between the mortgagor and the mortgagee and which commits the mortgagee to such specified rate for at least 30 days after the date on which the agreement is made.

Amends the Housing and Community Development Act of 1974 to redefine the term "mobile home" to mean a structure in the traveling mode, which is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 square feed. Grants manufacturers of smaller mobile homes the option of receiving Federal approval which is mandatory for "mobile homes" by voluntarily filing a certification required by the Secretary of Housing and Urban Development and complying with the standards established under such Act.

Amends the Federal Home Loan Mortgage Corporation Act to prohibit the Corporation from refusing to purchase a residential mortgage solely on the basis that, under the terms of such mortgage, the mortgagee consents to the subsequent transfer of the real estate if the mortgagor continues, after such transfer, to be obligated for repayment of the entire remaining indebtedness.

Amends the Department of Housing and Urban Development Act to set forth the procedure for congressional review of any rule or regulation promulgated by the Secretary of Housing and Urban Development.

=Title IV: Planning Assistance= - Authorizes the Secretary of Housing and Urban Development, under the Housing Act of 1954, to contract and to make grants approved in accordance with the provisions set forth in this Act to: (1) States, for statewide planning activities; (2) States, for the provision of assistance to nonmetropolitan areawide planning organizations, units of general local government, counties, other than urban counties, and any group of adjacent units of general local government having a total population of less than 50,000; (3) areawide planning organization; (4) units of general purpose local government; (5) urban and rural counties; (6) Indian tribes; and (7) the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands. Specifies that such grants shall not exceed two-thirds of the estimated cost of the work for which the grant is made.

Sets forth the information to be included in the applications for such grants and requires such applications to meet such requirements as the Secretary may prescribe by regulations. Requires such applications to set forth a strategy statement which identifies policies and programs over at least a three-year period which address the major issues and problems of the applicant's jurisdiction.

Requires the Secretary to establish, by regulation, criteria for the evaluation and approval of strategy statements and applications for grants and for the awarding of such grants.

Requires each State and other entity receiving assistance directly from the Secretary for actions or activities being carried out to submit to the Secretary, each year, a performance report concerning such actions and activities.

Requires the Secretary, on an annual basis, to make such reviews and audits as may be necessary or appropriate to determine whether a recipient of funds has carried out actions and activities substantially as described in its application. Allows the Secretary to adjust, reduce, or withdraw grant funds, or take other action as appropriate in accordance with such reviews and audits.

Specifies that a strategy statement approved by the Secretary shall remain in effect for a maximum of three years following the date of its approval.

=Title V: Rural Housing= - Amends the Housing Act of 1949 to authorize appropriations for fiscal year 1981 for the following rural housing programs administered by the Secretary of Agriculture subject to approval in appropriation Acts: (1) low and moderate income or elderly rental and cooperative housing assistance; (2) insurance of loans for housing and related facilities for domestic farm labor; and (3) advances from the escrow account for taxes, insurance, and other expenses. Authorizes appropriations for: (1) payments on notes and obligations issued by the Secretary for the purpose of making direct loans; (2) loans and grants for repairs and improvements to rural dwellings; (3) financial assistance to provide low-rent housing for domestic farm labor; (4) loans and loan insurance for the purchase of condominiums in rural areas; and (5) sums necessary for the Secretary to administer specified Federal housing program for lower income families.

Repeals the ceiling of the aggregate loan principal which may be insured in a single fiscal year for housing and related facilities for domestic farm labor.

Limits the amount of contract authority for home ownership subsidies in fiscal years 1980 and 1981. Prohibits such assistance in any fiscal year after 1980.

Authorizes appropriations for mutual and self-help housing programs for fiscal year 1981. Requires such amounts appropriated, together with principal collections from loans made under appropriations in any previous fiscal years, to be deposited in the Self-Help Housing Land Development Fund, which shall be available as a revolving fund for making loans under the mutual and self-help housing programs.

Allows the Secretary to enter into rental assistance contracts with respect to the fiscal year 1981.

Defines the terms "Indian tribe", "rural resident", and "adequate dwelling" for the purposes of Federal rural housing programs.

Makes persons who reside in reservations or villages of Indian tribes eligible for assistance under the Federal rural housing program.

Applies energy conservation standards to homes acquired and sold by the Farmers' Home Administration.

Prohibits the Secretary from approving any rent increases in specified project which are assisted under such Act unless the project owner is receiving, or has applied for rental assistance payments under the United States Housing Act of 1937.

Permits the Secretary to make and insure loans to consumer cooperatives to enable such cooperatives to finance the transfer of membership in the cooperative upon such terms and conditions as low- and moderate-income persons can reasonably afford.

Specifies that a loan made to a consumer cooperative for cooperative housing purposes may be made upon condition that persons, admitted as eligible members and tenants of the cooperative, may not subsequently be deprived of their membership or tenancy by reason of their no longer meeting the income eligibility requirements.

Amends the Housing and Urban Development Act of 1969 to allow the Administrator of General Services to transfer any Federal surplus real property, within the meaning of such Act, to the Secretary of Housing and Urban Development or the Secretary of Agriculture at either's request for sale or lease by either Secretary at its fair value for use in the provision of housing to be occupied predominantly by families or individuals of low- or moderate-income, assisted under a Federal housing assistance program or under a State or local program.

Requires the Secretary of Agriculture to study the legislative and administrative changes which would be required: (1) to conform the procedures of the Farmers Home Administration for reporting budget and accounting information with the reporting principles established by the Presidential Commission on Budget Concepts; (2) to establish procedures to reflect fully in the Federal Budget the budget authority and outlays of the program administered by the Farmers Home Administration; (3) to remove budget and accounting practices which are inconsistent with the practices for recording debt transactions as provided in the current policy of the Office of Management and Budget; and (4) to simplify the authorities provided in the Housing Act of 1949.

Amends the Housing Act of 1949 to permit the Secretary of Agriculture to administer, in any rural area, any mortgage insurance program established pursuant to the National Housing Act to the extent to which the administration of any such program is delegated to the Secretary by the Secretary of Housing and Urban Development.

Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to delegate certain mortgage insurance programs to the Secretary of Agriculture in rural areas.

=Title VI: Effective Dates= - Sets forth the effective dates for the provisions of this Act.

=Title VII:= - Prohibits any social security benefit increases occurring after May 1980 from being considered as income or resources or otherwise taken into account for purposes of determining the eligibility for or amount of Federal housing assistance.