Since HOPE VI, we've had a lot of success. I think the program is a success. How the program has been a success is not as simple as simply replacing units on-site. In fact, most of the residents of…
Since HOPE VI, we've had a lot of success. I think the program is a success. How the program has been a success is not as simple as simply replacing units on-site. In fact, most of the residents of these housing projects have actually moved to other communities through vouchers. The main thing, I think, to remember is that it has eliminated some of the most dangerous and distressed public housing in the country and created livable, mixed-income communities; and that's very good.
To date, there have been over 200 HOPE VI grants, and to various housing agencies. Almost all of them have been a success. These grants have been used to fund public/private partnerships that have changed landscapes once populated by failed housing projects and crime-ridden neighborhoods into vibrant mixed-income, mixed-use communities, providing quality, affordable housing for those in need.
I think anybody on the Financial Services Committee who's attended these public hearings has heard the testimony of the living conditions that
these tenants in public housing were living under. High crime areas, vandalism, dilapidated conditions, paint peeling off, lead, plumbing that didn't work, electricity that didn't work, heating that was inadequate, areas where there was such a concentration of crime that many of the youth growing up in those communities really had no or very few role models.
In my home State of Alabama, there are several examples of projects where HOPE VI has made a tremendous difference. For example, Park Place is a 12-block section of downtown Birmingham that a HOPE VI grant has transformed into an attractive, mixed-income housing development. Not only has it decreased the concentration of low-income residents living in a crime-infested area with very few prospects of jobs, but it's also improved the surrounding communities. The surrounding communities, the property values were going down. It was more dangerous. And those areas have been improved. The commercial district downtown has improved. One of the stories that we need to realize is not only the improvement that we see in the community that was replaced or rehabilitated, but the community around it.
But most residents, if you track where they've gone, they have chosen, through vouchers, and a lot of them just by simply turning down housing assistance, they've moved to other communities, and they're doing quite well. They've moved to communities where they think there are better schools. The students of those residents who have actually moved and not returned, they're doing better, on the average, than those residents who chose to return.
In New Orleans, we actually found a lot of people chose not to go back to the original community because they did not trust the public housing authority. And that's one reason that we've tried to advocate not simply replacing these units on a one-by-one basis, and re- duplicating a bad situation.
The Tuxedo Court project in Birmingham is going to replace 488 obsolete units of aging buildings with 331 modern, for-purchase rental homes. All the residents who are not going to relocate there have been given vouchers, or if they qualify, public assistance, and many of them have chosen to move to communities across town.
Our vision, and I think the vision of both Democrats and Republicans on this committee, should be for the residents of those communities to better themselves and better their living conditions, their housing. It should be vibrant, mixed-use communities with good housing, safe streets, strong schools.
In a previous debate, I mentioned a public housing project in downtown Atlanta called East Lake. East Lake was so dangerous that the police refused to patrol it. And it's not alone. Children slept in bathtubs or closets for fear of being hit by random gunfire.
A developer by the name of Tom Cousins proposed replacing this crime- ridden project, where there was very little hope for the residents, very little future for the youth, with a mixed-income community. And that's been done. Today, professionals, accountants, doctors, lawyers, people with good income, are living side by side with families still on subsidized and on public assistance. The end result is a sharp reduction in crime in East Lake. But the more important result is a sharp increase in the level of academic achievement and success among the youth living in that community.
Now, for all the good, we are concerned about this bill. First of all, it eliminates the Main Street Revitalization program, which was for the benefit of smaller communities.
I yield to the gentleman from Massachusetts.
I thank the chairman for that.
Another problem that we have with it is eliminating the demolition- only grants, because on certain occasions we feel like public housing, there may be adequate housing other places, or vouchers or a better system. But I think one of the main causes of concerns we have, and the gentlelady from West Virginia, is the green requirements. While some of the provisions have merit, we believe that they have, number one, the unintended result of reducing the number of affordable housing units that can actually be constructed under HOPE VI.
In fact, I have a letter I would like to introduce from the homebuilders, but also a coalition of National Affordable Housing Management Association. And basically what they say here is that the additional cost burdens of these particular green compliances will greatly discourage the development of these projects and drive up the cost substantially.
January 14, 2008.
Hon. Barney Frank,
Chairman, Committee on Financial Services, House of
Representatives, Washington, DC.
Hon. Maxine Waters,
Chair, Subcommittee on Housing and Community Opportunity,
Committee on Financial Services, House of
Representatives, Washington, DC.
Hon. Spencer Bachus,
Ranking Member, Committee on Financial Services, House of
Representatives, Washington, DC.
Hon. Shelley Moore Capito,
Ranking Member, Subcommittee on Housing and Community
Opportunity, Committee on Financial Services, House of
Representatives, Washington, DC.
Dear Committee Leaders: The undersigned organizations, who
work collectively in support of affordable housing and
promoting sustainability in our nation's housing stock, are
writing to express our opposition to H.R. 3524, The HOPE VI
Improvement and Reauthorization Act, in its current form. We
do appreciate that the forthcoming Manager's amendment will
make several important improvements to the bill. For example,
we support allowing HUD to grant a waiver to the one-for-one
replacement provision under certain circumstances. However,
we suggest that HUD also should be able to provide waivers
related to funding realities. If one-for-one replacement
renders a deal infeasible, there should be enough flexibility
to waive that provision. We also believe that extending the
period in which all replacement units must be provided after
demolition has been completed from 12 to 36 months is very
sensible. HOPE VI projects must contend with many variables,
from weather conditions, securing local approvals and working
extensively with tenant groups. All of these factors can
increase construction periods beyond what otherwise might be
considered normal.
However, while our organizations have long-supported this
important housing program, there are several provisions in
the bill which we believe are so onerous that private
developers may no longer be able to participate, jeopardizing
the very existence of the program. Specifically, our main
objection is that the legislation will unfairly and
unnecessarily drive up development costs by mandating
compliance with privately developed green building rating
systems. The additional cost burdens for green compliance
adds further impediments to an already complicated financing
structure for HOPE VI projects and could greatly discourage
developers from undertaking future projects. In addition,
there are provisions related to the occupancy of HOPE VI
projects that are unclear and could be interpreted to prevent
owners from instituting sensible eligibility standards.
Green Building Mandate
Our members are committed to working on increasing the
sustainability of affordable housing, as well as keeping
housing affordable in all markets. We believe that mandatory
green requirements in the HOPE VI program will have
unintended consequences that far outweigh any sustainability
gains. Dramatic reductions in additional HOPE VI projects is
a very real possibility because of increased costs that
developers would have to finance based on the proposed
provisions in the bill. There is a limited amount of HOPE
VI funding, and a developer's ability to leverage a
significant amount of additional financing is limited. In
addition, total development costs (TDC) are capped. Unless
TDCs are allowed to increase (or alternatively, the costs
of complying with the green building requirements are
excluded from TDC), the developers may be forced to scrimp
on other important aspects of these developments to pay
for costly green components. Decisions on what aspects of
green development can be afforded in these properties
should be left to the developers and their partner public
housing agencies. HUD has recognized this as a practicable
approach, as demonstrated by its implementation of green
building incentives in the Mark-to-Market program.
Further, the specific reference to only one green rating
system will stifle innovation and technology advancement in
all aspects of green building. During a time when green
building is growing exponentially and programs are competing
to be the ``greenest,'' Congress should not be codifying one
inflexible benchmark that cannot adapt to future
sustainability needs. Congress should not be
using the HOPE VI program to pick winners and losers in the
green building arena.
Keeping green building as flexible and competitive as
possible reaps the greatest environmental and economic
rewards. Mandating a specific green building requirement for
HOPE VI is short-sighted, overly restrictive and costly and
is a disservice to community affordable housing needs.
Sustainable green design for all housing markets should be
protected from government mandates and rigid statutory
benchmarks. Green building means something different in every
climate zone, just as every market has differing demands for
affordable housing.
It is important to understand that opposing a green
building mandate in no way signals opposition to
sustainability or environmental conservation. Green building
should not be driven to the lowest common denominator or
serve as a deterrent for development of these vital housing
projects. Opposing the green building requirements in this
bill demonstrates awareness that green building is an
important variable that needs to be incorporated into HOPE VI
in a manner that is functional, flexible, and encourages more
energy and resource-efficient construction in the future.
eligibility provisions
The Limitation on Exclusion provision (Section 7(m)(2))
could be interpreted to place limits on the public housing
agencies' (PHAs) ability to establish reasonable eligibility
criteria for occupancy in the new HOPE VI development. The
provision says that replacement housing under a HOPE VI plan
must be subject to the same policies, practices, standards,
and criteria regarding waiting lists, tenant screening
(including screening criteria such as credit checks), and
occupancy that apply to other housing owned, managed or
assisted by the PHA.
However, the provision goes on to say that a household
cannot be excluded from the HOPE VI development, except to
the extent specifically provided by other provisions of
Federal law (e.g., relating to safety and security in public
and assisted housing; ineligibility of drug criminals,
illegal drug users, alcohol abusers and dangerous sex
offenders; as well as preferences for the elderly and
disabled; and persons convicted of methamphetamine offenses).
This seems to preclude PHAs from screening for credit
worthiness or other typical screening criteria.
We support holding all households to the same standards. We
note that HUD's Housing Choice Voucher Handbook encourages
PHAs and owners to adopt screening policies that take into
consideration tenancy history related to payment of rent and
utility bills; caring for a unit and premises; respecting the
rights of others to the peaceful enjoyment of their housing;
drug-related criminal activity or other criminal activity
that is a threat to life, safety or property of others and
compliance with other essential conditions of tenancy. The
proposed provision in H.R. 3524 could be interpreted to
undermine HUD's existing policies and create an unfair
disadvantage to other eligible tenants who wish to move into
a HOPE VI property. Further, it appears that the bill may
provide a de facto preference to applicants that have been
released from a prison or other correctional facility. It is
the responsibility of the owner/landlord to ensure a safe
environment for all residents, and such a preference may
preclude their ability to honor that responsibility.
The owners of HOPE VI developments must be able to
implement good business practices to attract investors and
lenders. Otherwise, the developments will be viewed as too
risky, and the developer's financing prospects will be in
jeopardy. We suggest that these provisions be clarified to
ensure that PHAs can continue to set fair and reasonable
screening and eligibility standards that are applied to all
households.
other
We believe that the provision eliminating HUD's ability to
award demolition grants should be revisited. There may be
circumstances under which a demolition only is warranted. HUD
and PHAs should be allowed to retain this current authority.
summary
Our organizations are committed to furthering the
sustainability of affordable housing and believe that the
success of these efforts lies in the ability of the industry
to take advantage of the innovations that are constantly
occurring in the market. The provisions in H.R. 3524, The
HOPE VI Improvement and Reauthorization Act, as currently
written, will impede these efforts by mandating the use of
one specific system. In addition, owners of HOPE VI
properties must be able to establish reasonable and workable
occupancy policies that are fair to all prospective tenants
in HOPE VI communities.
Our organizations stand ready to work with the Committee to
craft an effective and appropriate way to address green
building and eligibility standards within the HOPE VI
program. Thank you for your consideration of our views.
Institute of Real Estate Management.
National Affordable Housing Management Association.
National Apartment Association.
National Association of Home Builders.
National Multi Housing Council.
More important, and let me close by saying this, and this is a serious problem with this bill, I have a letter from the United Brotherhood of Carpenters and Joiners of America. They say that the standards we're using in this bill, let me quote them:
``If a builder wants to use wood and receive LEED certification,'' that's the program we're using, ``they are largely forced to use wood products grown and manufactured overseas.''
``This puts American workers and American products at a competitive disadvantage.''
United Brotherhood of Carpenters and Joiners of America,
Washington, DC, January 11, 2008.
Hon. Barney Frank,
Chairman, Committee on Financial Services, House of
Representatives, Washington, DC.
Hon. Maxine Waters,
Chairman, Subcommittee on Housing and Community Development,
Committee on Financial Services, House of
Representatives, Washington, DC.
Hon. Spencer Bachus,
Ranking Member, Committee on Financial Services, House of
Representatives, Washington, DC.
Hon. Shelley Moore Capito,
Ranking Member, Subcommittee on Housing and Community
Development Committee on Financial Services, House of
Representatives, Washington, DC.
Dear Chairmen Frank and Waters, and Ranking Members Bachus
and Capito: On behalf of the United Brotherhood of Carpenters
and Joiners of America, I am writing to express our concerns
with provisions of H.R. 3524 that would require non-
residential construction in HOPE VI grant projects to meet
the United States Green Building Council's Leadership in
Energy and Environmental Design (LEED) rating criteria.
For the last four years, the Carpenters have had a great
interest in green building legislation as it affects both
parts of our union--the part that constructs buildings and
the part that harvests and manufactures wood products that
are used in them. Therefore, we are strong supporters of
green building, but want to ensure that building ``green''
does not result in ``pink'' slips for our members.
Over this time, we have found a number of important flaws
in the LEED system that we believe makes it unsatisfactory
for the marketplace and should not be the only standard
referenced in legislation.
Our primary concern is LEED's failure to recognize all
credible, sustainable forestry certification programs in its
certified wood credit. LEED only provides credit to builders
using forest products certified by the Forest Stewardship
Council (FSC). No credits are awarded for wood products
produced by other companies independently third party
certified to the Sustainable Forestry Initiative (SFI)
Program standard or the American Tree Farm System, the two
largest sustainable forest management systems in the United
States. These two systems account for over 90 million acres
of forestland, yet do not qualify for points under LEED.
Therefore, if a builder wants to use wood and receive LEED
certification, they are largely forced to use wood products
grown or manufactured overseas. This puts American workers
and American products at a competitive disadvantage.
LEED also discriminates against wood compared to other
imported building products. LEED credits builders for using
``rapidly renewable materials,'' which are defined as
products originating from plants harvested in a 10-year
cycle. As you might expect, construction lumber cannot earn
this credit since it takes more than ten years for a tree to
grow to a usable size and diameter. Instead, if a builder
uses exotic crops such as imported bamboo, they can earn the
credit.
As a result of these flaws, we have actively supported
other green building systems that are inclusive in regard to
the use of wood. One system that we have supported at the
national, state and local levels is the Green Building
Initiative's Green Globes program. Unlike LEED, it recognizes
all the major sustainable forestry programs used in the
United States and does not put wood at a disadvantage
compared to other building products. Also unlike LEED, Green
Globes takes into account the concept of life-cycle analysis,
or the cost to operate the building over time.
As a result, Green Globes has been increasingly recognized
by federal agencies and state governments. At the federal
level, it has been recognized by the Department of Health and
Human Services, the Department of the Interior and the
Environmental Protection Agency. In addition, 11 states have
written Green Globes into their state green building
statutes,
Therefore, we request that the legislation be modified in
order to specifically include other standards, such as Green
Globes. Should any amendments be offered to create a process
that gives the government the opportunity to review and
select a standard, we request that language be included that
gives all eligible and viable green building standards equal
consideration and ability to participate in the process. We
believe that with these changes, we will produce a piece of
legislation that meets all of the legislation's goals.
Sincerely,
Douglas J. McCarron,
General President.
Number 1, under the standards you've adopted, we won't be using wood, when it's one of our greatest renewable resources. We won't be using wood. So you will be putting a lot of carpenters and laborers and joiners out of work, the framers.
But second, if you do use wood, you will have to import that wood. So, as an article in Slate magazine said, and it's the reason the University of Michigan in one of their projects is trying to decide whether they want to use this LEED program, LEED, this article in Slate magazine actually pointed out that you can put up a bicycle rack and you get the same credit as if you used an energy efficient heating system. That's wrong.
Madam Chairman, will the gentleman yield?
Would you continue to work with us to make sure that, in fact, is possible?
Madam Chairman, Members of this body, let me say that there is a difference of opinion on our side and different opinions on our side. But I do believe that one thing ought to be clarified, and I believe I share this opinion with all my colleagues on this side. We believe the purpose of HOPE VI is not simply to replace a failed housing project model with another public housing project or community. We believe the purpose that all of us have, Republicans and Democrats, is to help those families in those communities have a better life and a better future, and hope.
As I think the Urban Institute and others have found, the majority of those residents, and I don't dispute what the gentleman from Texas said, there are and there will be residents that will say I want to go back to that community. But, hopefully, and one thing HOPE VI does, that community is replaced by a much better community, a much better mixed-income community where there is more hope, there is less crime, there is less poverty, and there are residents in those communities that can actually help those children get jobs. But most, and every study that has looked at this, and maybe someone on your side will correct me, most, if not every, study has shown that the average resident of that community is going to choose not to come back to that same location, but to relocate to another area because in most cases the area they would relocate to is closer to their job, it's closer to a school, or if not a school, it's closer to a higher performing school, and they choose, through a voucher, to relocate. In fact, a substantial minority of those residents relocate to another community, get a better job, get a better income, and move totally off public assistance.
There are a lot of fond memories in those communities, but there are a lot of people trapped in a circle of poverty in those communities and surrounded by criminal elements. And when we do this one-for-one model, I believe we are taking resources where we could give people the choice of relocating elsewhere and reestablishing what we had that we tore down.
Mr. Chairman, I rise in support of the manager's amendment, and I would like to commend the majority on addressing several of our concerns. I think particularly the developmental timeline is very significant. I think it's a much more practical way of dealing with notifying tenants about changes, eligibility standards are much improved, and the provision on illegal aliens.
I do think that the one-on-one replacement provision, and I very much appreciate you, I think, making a good change, and I think it allows more of our Members to support the underlying bill. I do intend to continue to support doing away with the one-on-one replacement for the reasons I said in earlier debate, because I still believe that for most people the best option is for them to move out of this concentrated housing. I also think it has an unintended consequence of restricting the ability to create a mixed-income community that you attract a mix of individuals into.
So I will support the Neugebauer amendment. I think the green building requirement, it does do away with some specific references to the LEED rating standard. However, the Green Communities rating system for residential construction remains in the bill, and I believe that we have got to give more flexibility. Let's be environmentally sound, but let's don't adopt one standard, particularly as expressed by the Carpenters Union, the Laborers Union, also the National Home Builders. Let's not discriminate against American wood products.
As we continue to move forward, I am sure that the cooperation you all have shown today will manifest itself, and we will continue to work on that. I will support, and I believe very much we need Mrs. Capito's amendments on the green building requirement.