An amendment numbered 4 printed in House Report 110-227 to make certain low-income tenants of the Heritage Apartments in Malden, Massachusetts eligible for enhanced housing vouchers after prepayment of a HUD mortgage and subsequent ownership transfer of the property without HUD restrictions that may jeopardize the housing affordability. The second part of the amendment would allow for the transfer of Section 8 Housing Assistance Payment (HAP) contracts in Columbus, Ohio in the University District and in Cincinnati, Ohio in the Over-the-Rhine Community.
What it does: 3 changes: inserts text in 2 places, adds a sectionDescription
Amendment makes technical corrections to ensure that affordable housing is preserved in three housing developments, two located in Ohio and one in Massachusetts.
What it changes
3 changes to H.R. 1851
Change 1: Inserts “(a) Treatment of Unit and Family Size.--” before “Subparagraph”
…[inserted: (a) Treatment of Unit and Family Size.-- ]Subparagraph…
Original wording
Page 64, line 20, before “Subparagraph” insert “(a) Treatment of Unit and Family Size.--”.
Change 2: Inserts new text on page 65, line 2
InsertsPrinted pageInserted: (b) Eligibility of Certain Projects.--Notwithstanding any other provision of law--
Inserted: (1) the property known as The Heritage Apartments (FHA No. 023-44804), in Malden, Massachusetts, shall be considered eligible low-income housing for purposes of the eligibility of residents of the property for enhanced voucher assistance under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)), pursuant to paragraph (2)(A) of section 223(f) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4113(f)(2)(A));
Inserted: (2) such residents shall receive enhanced rental housing vouchers upon the prepayment of the mortgage loan for the property under section 236 of the National Housing Act (12 U.S.C. 1715z-1); and
Inserted: (3) the Secretary shall approve such prepayment and subsequent transfer of the property without any further condition, except that the property shall be restricted for occupancy, until the original maturity date of the prepaid mortgage loan, only by families with incomes not exceeding 80 percent of the adjusted median income for the area in which the property is located, as published by the Secretary.
Inserted: Amounts for the enhanced vouchers pursuant to this subsection shall be provided under amounts appropriated for tenant-based rental assistance otherwise authorized under section 8(t) of the United States Housing Act of 1937.
Original wording
Page 65, after line 2, insert the following:
Change 3: Adds SEC. 18. TRANSFER OF CERTAIN RENTAL ASSISTANCE CONTRACTS on page 107, line 2
Adds a sectionPrinted pageInserted: SEC. 18. TRANSFER OF CERTAIN RENTAL ASSISTANCE CONTRACTS.
Inserted: (a) Transfer.--Subject to subsection (c) and notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall, at the request of the owner, transfer or authorize the transfer, of the contracts, restrictions, and debt described in subsection (b)--
Inserted: (1) on the housing that is owned or managed by Community Properties of Ohio Management Services LLC or an affiliate of Ohio Capital Corporation for Housing and located in Franklin County, Ohio, to other properties located in Franklin County, Ohio; and
Inserted: (2) on the housing that is owned or managed by The Model Group, Inc., and located in Hamilton County, Ohio, to other properties located in Hamilton County, Ohio.
Inserted: (b) Contracts, Restrictions, and Debt Covered.--The contracts, restrictions, and debt described in this subsection are as follows:
Inserted: (1) All or a portion of a project-based rental assistance housing assistance payments contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
Inserted: (2) Existing Federal use restrictions, including without limitation use agreements, regulatory agreements, and accommodation agreements.
Inserted: (3) Any subordinate debt held by the Secretary or assigned and any mortgages securing such debt, all related loan and security documentation and obligations, and reserve and escrow balances.
Inserted: (c) Retention of Same Number of Units and Amount of Assistance.--Any transfer pursuant to subsection (a) shall result in--
Inserted: (1) a total number of dwelling units (including units retained by the owners and units transferred) covered by assistance described in subsection (b)(1) after the transfer remaining the same as such number assisted before the transfer, with such increases or decreases in unit sizes as may be contained in a plan approved by a local planning or development commission or department; and
Inserted: (2) no reduction in the total amount of the housing assistance payments under contracts described in subsection (b)(1).
Inserted: (d) Effective Date.--This section shall take effect on the date of the enactment of this Act.
Original wording
Page 107, after line 2, insert the following new section:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 64, line 20, before “Subparagraph” insert “(a) Treatment of Unit and Family Size.--”.
Page 65, after line 2, insert the following:
(b) Eligibility of Certain Projects.--Notwithstanding any other provision of law--
(1) the property known as The Heritage Apartments (FHA No. 023-44804), in Malden, Massachusetts, shall be considered eligible low-income housing for purposes of the eligibility of residents of the property for enhanced voucher assistance under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)), pursuant to paragraph (2)(A) of section 223(f) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4113(f)(2)(A));
(2) such residents shall receive enhanced rental housing vouchers upon the prepayment of the mortgage loan for the property under section 236 of the National Housing Act (12 U.S.C. 1715z-1); and
(3) the Secretary shall approve such prepayment and subsequent transfer of the property without any further condition, except that the property shall be restricted for occupancy, until the original maturity date of the prepaid mortgage loan, only by families with incomes not exceeding 80 percent of the adjusted median income for the area in which the property is located, as published by the Secretary.
Amounts for the enhanced vouchers pursuant to this subsection shall be provided under amounts appropriated for tenant-based rental assistance otherwise authorized under section 8(t) of the United States Housing Act of 1937.
Page 107, after line 2, insert the following new section:
SEC. 18. TRANSFER OF CERTAIN RENTAL ASSISTANCE CONTRACTS.
(a) Transfer.--Subject to subsection (c) and notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall, at the request of the owner, transfer or authorize the transfer, of the contracts, restrictions, and debt described in subsection (b)--
(1) on the housing that is owned or managed by Community Properties of Ohio Management Services LLC or an affiliate of Ohio Capital Corporation for Housing and located in Franklin County, Ohio, to other properties located in Franklin County, Ohio; and
(2) on the housing that is owned or managed by The Model Group, Inc., and located in Hamilton County, Ohio, to other properties located in Hamilton County, Ohio.
(b) Contracts, Restrictions, and Debt Covered.--The contracts, restrictions, and debt described in this subsection are as follows:
(1) All or a portion of a project-based rental assistance housing assistance payments contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
(2) Existing Federal use restrictions, including without limitation use agreements, regulatory agreements, and accommodation agreements.
(3) Any subordinate debt held by the Secretary or assigned and any mortgages securing such debt, all related loan and security documentation and obligations, and reserve and escrow balances.
(c) Retention of Same Number of Units and Amount of Assistance.--Any transfer pursuant to subsection (a) shall result in--
(1) a total number of dwelling units (including units retained by the owners and units transferred) covered by assistance described in subsection (b)(1) after the transfer remaining the same as such number assisted before the transfer, with such increases or decreases in unit sizes as may be contained in a plan approved by a local planning or development commission or department; and
(2) no reduction in the total amount of the housing assistance payments under contracts described in subsection (b)(1).
(d) Effective Date.--This section shall take effect on the date of the enactment of this Act.
Legislative Activity
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House amendment offered
July 12, 2007
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House amendment offered
July 12, 2007
House amendment agreed to: On agreeing to the Markey amendment (A004) Agreed to by voice vote.
July 12, 2007 • 8:37 PM
Amendment agreed to Committee of the Whole
July 12, 2007 • 8:37 PM
House amendment offered/reported by : Amendment (A004) offered by Mr. Markey.(consideration: CR H7751-7752; text: CR H7751)
July 12, 2007 • 8:33 PM
Amendment (A004) offered by Mr. Markey. (consideration: CR H7751-7752; text: CR H7751)
July 12, 2007 • 8:33 PM
On agreeing to the Markey amendment (A004) Agreed to by voice vote.
July 12, 2007 • 8:37 PM