Housing and Community Development Amendments of 1982

Housing and Community Development Amendments of 1982 - Title I: Community and Neighborhood Development - 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 for the rehabilitation of privately owned property for residential rental purposes; and (2) make available contract authority to assist very low-income tenants who are displaced by such rehabilitation activities, to minimize such displacement, and to assist other very low-income tenants in obtaining decent housing.

Sets forth guidelines for the allocation of such grants and assistance (resources) among cities having a population of 50,000 or more, urban counties, and States. Requires the Secretary to conduct annual audits and reviews of the performance of resource recipients. Permits the Secretary to adjust the amount of resources provided to recipients in accordance with the findings of such audits and reviews. Prohibits any adjustments to recapture resources already expended.

Authorizes the Secretary to limit the rental rehabilitation grant amounts an entity may receive in any fiscal year.

Requires any assisted city, urban county, or State administering a rental rehabilitation program to provide for the public and the Secretary an annual statement on proposed rehabilitation activities.

Lists requirements for rental rehabilitation programs assisted under this Act. Restricts the use of rehabilitation grants to structures that are to be used primarily for rental residential purposes in low- and moderate-income areas. Limits the amount of rehabilitation assistance for a structure to 50 percent of the total rehabilitation costs of that structure. Prohibits assisted State and local governments from imposing rental requirements on assisted structures which differ from those applicable to structures rehabilitated without assistance. Requires a borrower under such a program to be personally liable for repayment of any financing upon default.

Provides for State administration of resources in areas outside a city or county receiving a direct allocation. Permits a State: (1) to use allocated resources to conduct its own rehabilitation program; (2) to distribute such resources to local governments; or (3) in FY 1983, to elect to have the Secretary administer such resources.

Authorizes the Secretary to establish relocation standards. Directs the Secretary to establish specified procedures governing rehabilitation involving historic structures.

Exempts the awarding and use of resources under this Act from the National Environmental Policy Act and related provisions.

Prohibits the Secretary from making rehabilitation grants unless the recipient provides satisfactory assurances that its program will be administered in conformity with specified civil rights requirements.

Reduces the amount of appropriations authorized for the urban homesteading program for FY 1983. Authorizes appropriations for such program for FY 1984.

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.

Amends the Housing Act of 1964 to repeal provisions authorizing the Secretary to make rehabilitation loans.

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 acquisitions of such facilities or land.

Title II: Housing Assistance Program - Repeals provisions of the Housing and Community Development Act of 1974 governing the allocation of housing assistance among different areas. Repeals provisions of the Housing Act of 1937 governing the division of contract authority for housing assistance for new, existing, and substantially rehabilitated housing.

Amends the Housing Act of 1937 to permit low-income housing assistance contracts providing assistance payments based on a payment standard used to determine the maximum monthly assistance payable for any family with respect to an existing unit selected by the family. Directs the Secretary to establish payment standards for various sizes and types of dwelling units in the market area at levels designed to assist the greatest possible number of families in securing decent, safe, and sanitary housing. Directs the Secretary to publish payment standards in the Federal Register.

Limits the monthly assistance payment for a family to the amount by which the payment standard exceeds 30 percent of the family monthly adjusted income at the time the family first receives such assistance provided that such monthly assistance payment is not greater than the amount by which the monthly rent for the unit exceeds the greater of: (1) ten percent of the family's monthly income; or (2) the part of any welfare payment designated for the family's housing costs. Restricts such assistance payments to very low-income families and families previously assisted under the Housing Act of 1937, with preference given to families which: (1) occupy substandard housing; (2) are involuntarily displaced; or (3) pay more than 50 percent of their income for rent. Permits the Secretary to disregard such preference and provide assistance to: (1) eligible families occupying units in formerly assisted projects acquired by the Secretary; or (2) families in units to be rehabilitated.

Terminates such assistance with respect to any vacant unit. Limits the duration of such assistance payments to five years. Requires the public housing agency to inspect the assisted unit at least annually to determine that it meets housing quality standards.

Provides for low-income housing assistance based on a payment standard for families renting manufactured homes or spaces.

Allows the Secretary to establish income ceilings 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 variations are necessary because of unusually high or low family incomes.

Amends the Omnibus Budget Reconciliation Act of 1981 to: (1) give the Secretary discretion to provide for delayed implementation of provisions of this Act providing for housing assistance based on payment standards; (2) extend the applicability of provisions providing for delayed implementation of rent increases under such Act to tenants occupying assisted housing on or before the effective date of this Act; and (3) prohibit annual rent increases of more than 20 percent (currently ten percent) for tenants of assisted housing as a result of provisions of such Act, based on the payment standards under this Act, or any other provisions of Federal law redefining which governmental benefits are to be considered as income.

Amends the United States Housing Act of 1937 to authorize appropriations for FY 1983 and FY 1984 for annual contributions for the operation of lower income housing projects. Revises the criteria for demolition of any public housing project to repeal the requirement for timely replacement of demolished units and to include requirements that: (1) the project is obsolete and there is a feasible renovation program; or (2) the demolition of a part of the project will help assure its useful life.

Amends the Omnibus Budget Reconciliation Act to repeal provisions authorizing the Secretary to enter into contracts for periodic payments to the Federal Financing Bank to offset the costs to the Bank of purchasing obligations issued by public housing agencies to finance public 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, 1984, 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 eliminate the requirement that a nonprofit corporation, to be eligible for loans for the provision of housing for the elderly and handicapped, have on its governing body members selected to represent the views of the community where such housing would be located.

Title III: Program Amendments and Extensions -- Amends the National Housing Act to extend for two years the Secretary's authority to insure housing loans and mortgages under specified insurance programs contained in such Act. Terminates the Secretary's authority to insure mortgages for nursing homes. intermediate care facilities, and hospitals after September 30, 1982, except pursuant to a commitment to insure made before that date. Extends for one year the Secretary's authority to insure mortgages of mortgagors qualifying for home ownership assistance payments under such Act.

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 and FY 1984.

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 1982, 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.

Permits maximum mortgage amounts eligible for FHA insurance to be increased by the amount of the mortgage insurance premium paid at the time a mortgage is insured. Excludes such premium from the mortgage down payment required for such insurance.

Increases the amount of the principal obligation of a mortgage executed by a non-occupant mortgagor which is eligible for FHA insurance.

Declares that premium charges for FHA insurance of mortgages with alternative financing mechanisms are not required to be the same as premium charges for other FHA mortgages. Eliminates the requirement that debentures issued by the Secretary in payment of insurance claims be redeemable at par plus accrued interest.

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 rehabilitaion purposes which qualifies for FHA insurance.

Authorizes the Secretary to direct mortgagees excercising 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 as 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.

Repeals provisions limiting the amount of loans and mortgages the Secretary may insure on a coinsurance basis to 20 percent of the amount of all mortgages and loans insured by the Secretary.

Extends for two years the Secretary's authority to insure graduated payment mortages. 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 mortgage term, or a combination of both. Prohibits: (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 and multifamily housing projects. Requires the Secretary to establish the maximum interest rate which may be charged on such mortgages and the maximum percentage of the property's net appreciated value payable to a mortgagee upon sale or transfer of the property or payment in full of the mortgage. 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 to establish disclosure requirements applicable to mortgagees making shared appreciation mortgages. 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 repayble in monthly installments needed to retire the debt over 30 years.

Authorizes the Secretary to insure certain housing loans which do not completely amortize over the loan term.

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 the Secretary to insure the mortgage of a single-family home that is located on an Indian reservation and purchased by a member of an Indian tribe for his or her principal place of residence, notwithstanding any other limitations of the National Housing Act.

Amends the Housing and Community Development Amendments of 1978 to eliminate certain restrictions on the management and disposal of multifamily housing projects owned by HUD.

Authorizes the Secretary to provide assistance based on a payment standard to very low-income tenants of specified multifamily projects.

Amends the Multifamily Mortgage Foreclosure Act of 1981 to repeal provisions authorizing or directing the Secretary to require the purchaser of a HUD-owned multifamily housing project at a foreclosure sale to continue to operate the project in accordance with the terms of the Act under which it was insured.

Authorizes the Secretary to require an applicant for financial assistance or mortgage or loan insurance to: (1) include his or her social security number or employer identification number on designated forms; and (2) sign a form authorizing the Secretary to verify and audit information furnished by the applicant and authorizing other agencies and private sources to release information relevant to the applicant's eligibility or benefit level. Amends the Social Security Act to authorize State unemployment agencies to release to HUD and public housing agencies information concerning such applicant's wages and unemployment benefits. Requires the entity responsible for determining eligibility for assistance or insurance to deny eligibility to any applicant who: (1) has made false or misleading statements or concealed relevant facts; or (2) has violated the authorizing Act or regulations.

Amends the Housing and Community Development Act of 1980 to prohibit the Secretary from providing financial assistance to aliens through a specified housing insurance program.

Amends the Real Estate Settlement Procedures Act of 1974 to repeal provisions which: (1) prohibit any person from receiving any kickback or unearned fee incident to a real estate settlement service involving a federally related mortgage; (2) prohibit any seller of property to be purchased with the assistance of a federally related mortgage loan from requiring that the buyer purchase title insurance from a particular title company; (3) requiring the Secretary to conduct specified demonstration projects and to report to Congress on the need for further legislation governing real estate settlements; and (4) require that the borrower be permitted to examine the settlement form the day before settlement in a transaction involving a federally related mortgage. Permits a lender, in connection with a federally related mortgage loan, to require a deposit into an escrow account if under existing escrow procedures there is a shortage of funds to pay taxes, insurance premiums, or other charges due.

Amends the Housing and Urban Development Act of 1968 and the National Housing Act to repeal specified provisions authorizing housing counseling assistance to mortgagors.