[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 485 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 485

     To provide for the disposition of unoccupied and substandard 
  multifamily housing projects owned by the Secretary of Housing and 
                           Urban Development.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 1999

  Mr. McCain introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
     To provide for the disposition of unoccupied and substandard 
  multifamily housing projects owned by the Secretary of Housing and 
                           Urban Development.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urban Homestead Act of 1999''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Community development corporation.--The term 
        ``community development corporation'' means a nonprofit 
        organization whose primary purpose is to promote community 
        development by providing housing opportunities to low-income 
        families.
            (2) Low-income families.--The term ``low-income families'' 
        has the same meaning as in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (3) Multifamily housing project.--The term ``multifamily 
        housing project'' has the same meaning as in section 203 of the 
        Housing and Community Development Amendments of 1978 (12 U.S.C. 
        1701z-11).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (5) Severe physical problems.--A dwelling unit shall be 
        considered to have ``severe physical problems'' if such unit--
                    (A) lacks hot or cold piped water, a flush toilet, 
                or both a bathtub and a shower in the unit, for the 
                exclusive use of that unit;
                    (B) on not less than 3 separate occasions, during 
                the preceding winter months was uncomfortably cold for 
                a period of more than 6 consecutive hours due to a 
                malfunction of the heating system for the unit;
                    (C) has no functioning electrical service, exposed 
                wiring, any room in which there is not a functioning 
                electrical outlet, or has experienced not less than 3 
                blown fuses or tripped circuit breakers during the 
                preceding 90-day period;
                    (D) is accessible through a public hallway in which 
                there are no working light fixtures, loose or missing 
                steps or railings, and no elevator; or
                    (E) has severe maintenance problems, including 
                water leaks involving the roof, windows, doors, 
                basement, or pipes or plumbing fixtures, holes or open 
                cracks in walls or ceilings, severe paint peeling or 
                broken plaster, and signs of rodent infestation.
            (6) Single family residence.--The term ``single family 
        residence'' means a 1- to 4-family dwelling that is held by the 
        Secretary.
            (7) Substandard multifamily housing project.--A multifamily 
        housing project is ``substandard'' if not less than 25 percent 
        of the dwelling units of the project have severe physical 
        problems.
            (8) Unit of general local government.--The term ``unit of 
        general local government'' has the same meaning as in section 
        102(a) of the Housing and Community Development Act of 1974 (42 
        U.S.C. 5302).
            (9) Unoccupied multifamily housing project.--The term 
        ``unoccupied multifamily housing project'' means a multifamily 
        housing project that the Secretary certifies in writing is not 
        inhabited.

SEC. 3. DISPOSITION OF UNOCCUPIED AND SUBSTANDARD PUBLIC HOUSING.

    (a) Publication in Federal Register.--
            (1) In general.--Subject to paragraph (2), beginning 6 
        months after the date of enactment of this Act, and every 6 
        months thereafter, the Secretary shall publish in the Federal 
        Register a list of each unoccupied multifamily housing project, 
        substandard multifamily housing project, and other residential 
        property that is owned by the Secretary.
            (2) Exception for certain projects and properties.--
                    (A) Projects.--A project described in paragraph (1) 
                shall not be included in a list published under 
                paragraph (1) if less than 6 months have elapsed since 
                the later of--
                            (i) the date on which the project was 
                        acquired by the Secretary; or
                            (ii) the date on which the project was 
                        determined to be unoccupied or substandard.
                    (B) Properties.--A property described in paragraph 
                (1) shall not be included in a list published under 
                paragraph (1) if less than 6 months have elapsed since 
                the date on which the property was acquired by the 
                Secretary.
    (b) Transfer of Ownership to Community Development Corporations.--
Notwithstanding section 203 of the Housing and Community Development 
Amendments of 1978 (12 U.S.C. 1701z-11) or any other provision of 
Federal law pertaining to the disposition of property, upon the written 
request of a community development corporation, the Secretary shall 
transfer to the community development corporation ownership of any 
unoccupied multifamily housing project, substandard multifamily housing 
project, or other residential property owned by the Secretary, if the 
project or property is--
            (1) located in the same unit of general local government as 
        the community development corporation; and
            (2) included in the most recent list published by the 
        Secretary under subsection (a).
    (c) Satisfaction of indebtedness.--Prior to any transfer of 
ownership under subsection (b), the Secretary shall satisfy any 
indebtedness incurred in connection with the project or residence at 
issue, either by--
            (1) cancellation of the indebtedness; or
            (2) reimbursing the community development corporation to 
        which the project or residence is transferred for the amount of 
        the indebtedness.

SEC. 4. EXEMPTION FROM PROPERTY DISPOSITION REQUIREMENTS.

    No provision of the Multifamily Housing Property Disposition Reform 
Act of 1994, or any amendment made by that Act, shall apply to the 
disposition of property under this Act.

SEC. 5. TENANT LEASES.

    This Act shall not affect the terms or the enforceability of any 
contract or lease entered into before the date of enactment of this 
Act.

SEC. 6. PROCEDURES.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary shall establish, by rule, regulation, or order, such 
procedures as may be necessary to carry out this Act.
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