[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 118 Reported in Senate (RS)]
Calendar No. 657
111th CONGRESS
2d Session
S. 118
To amend section 202 of the Housing Act of 1959, to improve the program
under such section for supportive housing for the elderly, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 6, 2009
Mr. Kohl (for himself, Mr. Schumer, Mr. Durbin, Mr. Brown of Ohio, Mr.
Nelson of Florida, Ms. Stabenow, Mr. Leahy, Mr. Casey, Mr. Levin, Ms.
Landrieu, Mr. Merkley, Mr. Menendez, and Mrs. Gillibrand) introduced
the following bill; which was read twice and referred to the Committee
on Banking, Housing, and Urban Affairs
November 30, 2010
Reported by Mr. Dodd, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend section 202 of the Housing Act of 1959, to improve the program
under such section for supportive housing for the elderly, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Section
202 Supportive Housing for the Elderly Act of 2009''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title and table of contents.
<DELETED>TITLE I--NEW CONSTRUCTION REFORMS
<DELETED>Sec. 101. Project rental assistance.
<DELETED>Sec. 102. Selection criteria.
<DELETED>Sec. 103. Development cost limitations.
<DELETED>Sec. 104. Owner deposits.
<DELETED>Sec. 105. Definition of private nonprofit organization.
<DELETED>Sec. 106. Preferences for homeless elderly.
<DELETED>Sec. 107. Nonmetropolitan allocation.
<DELETED>TITLE II--REFINANCING
<DELETED>Sec. 201. Approval of prepayment of debt.
<DELETED>Sec. 202. Sources of refinancing.
<DELETED>Sec. 203. Use of unexpended amounts.
<DELETED>Sec. 204. Use of project residual receipts.
<DELETED>Sec. 205. Additional provisions.
<DELETED>TITLE III--ASSISTED LIVING FACILITIES
<DELETED>Sec. 301. Definition of assisted living facility.
<DELETED>Sec. 302. Monthly assistance payment under rental assistance.
<DELETED>TITLE IV--FACILITATING AFFORDABLE HOUSING PRESERVATION
TRANSACTIONS
<DELETED>Sec. 401. Use of sale or refinancing proceeds.
<DELETED>TITLE V--NATIONAL SENIOR HOUSING CLEARINGHOUSE
<DELETED>Sec. 501. National senior housing clearinghouse.
<DELETED>TITLE I--NEW CONSTRUCTION REFORMS</DELETED>
<DELETED>SEC. 101. PROJECT RENTAL ASSISTANCE.</DELETED>
<DELETED> Paragraph (2) of section 202(c) of the Housing Act of 1959
(12 U.S.C. 1701q(c)(2)) is amended--</DELETED>
<DELETED> (1) by inserting after ``assistance.--'' the
following: ``(A) Initial project rental assistance contract.--
'';</DELETED>
<DELETED> (2) in the last sentence, by striking ``may'' and
inserting ``shall''; and</DELETED>
<DELETED> (3) by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(B) Renewal of and increases in contract
amounts.--</DELETED>
<DELETED> ``(i) Expiration of contract term.--Upon
the expiration of each contract term, the Secretary
shall adjust the annual contract amount to provide for
reasonable project costs, and any increases, including
adequate reserves, supportive services, and service
coordinators, except that any contract amounts not used
by a project during a contract term shall not be
available for such adjustments upon renewal.</DELETED>
<DELETED> ``(ii) Emergency situations.--In the event
of emergency situations that are outside the control of
the owner, the Secretary shall increase the annual
contract amount, subject to reasonable review and
limitations as the Secretary shall
provide.''.</DELETED>
<DELETED>SEC. 102. SELECTION CRITERIA.</DELETED>
<DELETED> Section 202(f)(1) of the Housing Act of 1959 (12 U.S.C.
1701q(f)) is amended--</DELETED>
<DELETED> (1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and</DELETED>
<DELETED> (2) by inserting after subparagraph (E) (as so
redesignated by paragraph (2) of this subsection) the following
new subparagraph:</DELETED>
<DELETED> ``(F) the extent to which the applicant has
ensured that a service coordinator will be employed or
otherwise retained for the housing, who has the managerial
capacity and responsibility for carrying out the actions
described in subparagraphs (A) and (B) of subsection
(g)(2);''.</DELETED>
<DELETED>SEC. 103. DEVELOPMENT COST LIMITATIONS.</DELETED>
<DELETED> Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C.
1701q(h)(1)) is amended, in the matter preceding subparagraph (A), by
inserting ``reasonable'' before ``development cost
limitations''.</DELETED>
<DELETED>SEC. 104. OWNER DEPOSITS.</DELETED>
<DELETED> Section 202(j)(3)(A) of the Housing Act of 1959 (12 U.S.C.
1701q(j)(3)(A)) is amended by inserting after the period at the end the
following: ``Such amount shall be used only to cover operating deficits
during the first 3 years of operations and shall not be used to cover
construction shortfalls or inadequate initial project rental assistance
amounts.''.</DELETED>
<DELETED>SEC. 105. DEFINITION OF PRIVATE NONPROFIT
ORGANIZATION.</DELETED>
<DELETED> Subparagraph (B) of section 202(k)(4) of the Housing Act
of 1959 (12 U.S.C. 1701q(k)(4)(B)) is amended by inserting before the
semicolon the following: ``, except that, in the case of any national
organization that is the owner of multiple housing projects assisted
under this section, the organization may comply with clause (i) of this
subparagraph by having a local advisory board to the governing board of
the organization the membership which is selected in the manner
required under clause (i)''.</DELETED>
<DELETED>SEC. 106. PREFERENCES FOR HOMELESS ELDERLY.</DELETED>
<DELETED> Subsection (j) of section 202 of the Housing Act of 1959
(12 U.S.C. 1701q(j)) is amended by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(9) Preferences for homeless elderly.--The
Secretary shall permit an owner of housing assisted under this
section to establish for, and apply to, such housing a
preference in tenant selection for the homeless elderly, either
within the application or after selection pursuant to
subsection (f), but only if--</DELETED>
<DELETED> ``(A) such preference is consistent with
paragraph (2); and</DELETED>
<DELETED> ``(B) the owner demonstrates that the
supportive services identified pursuant to subsection
(e)(4), or additional supportive services to be made
available upon implementation of the preference, will
meet the needs of the homeless elderly, maintain safety
and security for all tenants, and be provided on a
consistent, long-term, and economical
basis.''.</DELETED>
<DELETED>SEC. 107. NONMETROPOLITAN ALLOCATION.</DELETED>
<DELETED> Paragraph (3) of section 202(l) of the Housing Act of 1959
(12 U.S.C. 1701q(l)(3)) is amended by inserting after the period at the
end the following: ``In complying with this paragraph, the Secretary
shall either operate a national competition for the nonmetropolitan
funds or make allocations to regional offices of the Department of
Housing and Urban Development.''.</DELETED>
<DELETED>TITLE II--REFINANCING</DELETED>
<DELETED>SEC. 201. APPROVAL OF PREPAYMENT OF DEBT.</DELETED>
<DELETED> Subsection (a) of section 811 of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q
note) is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
inserting ``, for which the Secretary's consent to prepayment
is required,'' after ``Affordable Housing Act)'';</DELETED>
<DELETED> (2) in paragraph (1)--</DELETED>
<DELETED> (A) by inserting ``at least 20 years
following'' before ``the maturity date'';</DELETED>
<DELETED> (B) by inserting ``project-based'' before
``rental assistance payments contract'';</DELETED>
<DELETED> (C) by inserting ``project-based'' before
``rental housing assistance programs''; and</DELETED>
<DELETED> (D) by inserting ``, or any successor
project-based rental assistance program,'' after
``1701s))'';</DELETED>
<DELETED> (3) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(2) the prepayment may involve refinancing of
the loan if such refinancing results in--</DELETED>
<DELETED> ``(A) a lower interest rate on the
principal of the loan for the project and in reductions
in debt service related to such loan; or</DELETED>
<DELETED> ``(B) a transaction in which the project
owner will address the physical needs of the project,
but only if, as a result of the refinancing--</DELETED>
<DELETED> ``(i) the rent charges for
unassisted families residing in the project do
not increase or such families are provided
rental assistance under a senior preservation
rental assistance contract for the project
pursuant to subsection (e); and</DELETED>
<DELETED> ``(ii) the overall cost for
providing rental assistance under section 8 for
the project (if any) is not increased, except,
upon approval by the Secretary to--</DELETED>
<DELETED> ``(I) mark-up-to-market
contracts pursuant to section 524(a)(3)
of the Multifamily Assisted Housing
Reform and Affordability Act (42 U.S.C.
1437f note), as such section is carried
out by the Secretary for properties
owned by nonprofit organizations;
or</DELETED>
<DELETED> ``(II) mark-up-to-budget
contracts pursuant to section 524(a)(4)
of the Multifamily Assisted Housing
Reform and Affordability Act (42 U.S.C.
1437f note), as such section is carried
out by the Secretary for properties
owned by eligible owners (as such term
is defined in section 202(k) of the
Housing Act of 1959 (12 U.S.C.
1701q(k)); and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(3) notwithstanding paragraph (2)(A), the
prepayment and refinancing authorized pursuant to paragraph
(2)(B) involves an increase in debt service only in the case of
a refinancing of a project assisted with a loan under such
section 202 carrying an interest rate of 6 percent or
lower.''.</DELETED>
<DELETED>SEC. 202. SOURCES OF REFINANCING.</DELETED>
<DELETED> The last sentence of section 811(b) of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q
note) is amended--</DELETED>
<DELETED> (1) by inserting after ``National Housing Act,''
the following: ``or approving the standards used by authorized
lenders to underwrite a loan refinanced with risk sharing as
provided by section 542 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1701 note),''; and</DELETED>
<DELETED> (2) by striking ``may'' and inserting
``shall''.</DELETED>
<DELETED>SEC. 203. USE OF UNEXPENDED AMOUNTS.</DELETED>
<DELETED> Subsection (c) of section 811 of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q
note) is amended--</DELETED>
<DELETED> (1) by striking ``Use of Unexpended Amounts.--''
and inserting ``Use of Proceeds.--'';</DELETED>
<DELETED> (2) by amending the matter preceding paragraph (1)
to read as follows: ``Upon execution of the refinancing for a
project pursuant to this section, the Secretary shall ensure
that proceeds are used in a manner advantageous to tenants, or
are used in the provision of affordable rental housing and
related social services for elderly persons by the private
nonprofit organization project owner, private nonprofit
organization project sponsor, or private nonprofit organization
project developer, including--'';</DELETED>
<DELETED> (3) in paragraph (1), by striking ``not more than
15 percent of'';</DELETED>
<DELETED> (4) in paragraph (2), by inserting before the
semicolon the following; ``, including reducing the number of
units by reconfiguring units that are functionally obsolete,
unmarketable, or not economically viable'';</DELETED>
<DELETED> (5) in paragraph (3), by striking ``or'' at the
end;</DELETED>
<DELETED> (6) in paragraph (4), by striking ``according to a
pro rata allocation of shared savings resulting from the
refinancing.'' and inserting a semicolon; and</DELETED>
<DELETED> (7) by adding at the end the following new
paragraphs:</DELETED>
<DELETED> ``(5) rehabilitation of the project to ensure
long-term viability;</DELETED>
<DELETED> ``(6) the payment to the project owner, sponsor,
or third party developer of a developer's fee in an amount not
to exceed--</DELETED>
<DELETED> ``(A) in the case of a project refinanced
through a State low income housing tax credit program,
the fee permitted by the low income housing tax credit
program as calculated by the State program as a
percentage of acceptable development cost as defined by
that State program; or</DELETED>
<DELETED> ``(B) in the case of a project refinanced
through any other source of refinancing, 15 percent of
the acceptable development cost; and</DELETED>
<DELETED> ``(7) the payment of equity, if any, to--
</DELETED>
<DELETED> ``(A) in the case of a sale, to the seller
or the sponsor of the seller, in an amount equal to the
lesser of the purchase price or the appraised value of
the project, as each is reduced by the cost of
prepaying any outstanding indebtedness on the project
and transaction costs of the sale; or</DELETED>
<DELETED> ``(B) in the case of a refinancing without
the transfer of the project, to the project owner or
the project sponsor, in an amount equal to the
difference between the appraised value of the project
less the outstanding indebtedness and total acceptable
development cost.</DELETED>
<DELETED>For purposes of paragraphs (6)(B) and (7)(B), the term
``acceptable development cost'' shall include, as applicable, the cost
of acquisition, rehabilitation, loan prepayment, initial reserve
deposits, and transaction costs.''.</DELETED>
<DELETED>SEC. 204. USE OF PROJECT RESIDUAL RECEIPTS.</DELETED>
<DELETED> Paragraph (1) of section 811(d) of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q
note) is amended--</DELETED>
<DELETED> (1) by striking ``not more than 15 percent of'';
and</DELETED>
<DELETED> (2) by inserting before the period at the end the
following: ``or other purposes approved by the
Secretary''.</DELETED>
<DELETED>SEC. 205. ADDITIONAL PROVISIONS.</DELETED>
<DELETED> Section 811 of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended by adding at
the end the following new subsections:</DELETED>
<DELETED> ``(e) Senior Preservation Rental Assistance Contracts.--
Notwithstanding any other provision of law, in connection with a
prepayment plan for a project approved under subsection (a) by the
Secretary or as otherwise approved by the Secretary to prevent
displacement of elderly residents of the project in the case of
refinancing or recapitalization and to further preservation and
affordability of such project, the Secretary shall provide project-
based rental assistance for the project under a senior preservation
rental assistance contract, as follows:</DELETED>
<DELETED> ``(1) Assistance under the contract shall be made
available to the private nonprofit organization owner--
</DELETED>
<DELETED> ``(A) for a term of at least 20 years,
subject to annual appropriations; and</DELETED>
<DELETED> ``(B) under the same rules governing
project-based rental assistance made available under
section 8 of the Housing Act of 1937.</DELETED>
<DELETED> ``(2) Any projects for which a senior preservation
rental assistance contract is provided shall be subject to a
use agreement to ensure continued project affordability having
a term of the longer of (A) the term of the senior preservation
rental assistance contract, or (B) such term as is required by
the new financing.</DELETED>
<DELETED> ``(f) Mortgage Sale Demonstration.--</DELETED>
<DELETED> ``(1) In general.--The Secretary may sell
mortgages associated with loans made under section 202 of the
Housing Act of 1959 (as in effect before the enactment of the
Cranston-Gonzalez National Affordable Housing Act) in
accordance with the relevant terms for sales of subsidized
loans on multifamily housing projects under section 203 of the
Housing and Community Development Amendments of 1978 (12 U.S.C.
1701z-11). For the purpose of demonstrating the efficiency,
effectiveness, quality, and timeliness of asset management and
regulatory oversight of certain portfolios of such mortgages by
State housing finance agencies, the Secretary shall carry out a
demonstration program, in not more than 5 States, to sell
portfolios of such mortgages to State housing finance agencies
for a price not to exceed the unpaid principal balances of such
mortgages and otherwise in accordance with the requirements of
such section 203.</DELETED>
<DELETED> ``(2) Limitations.--In carrying out the
demonstration program required under paragraph (1), the
Secretary shall--</DELETED>
<DELETED> ``(A) prohibit State housing finance
agencies from giving preference to, or conditioning the
approval of, awards of subordinate debt funds,
allocations of tax credits, or tax exempt bonds based
on the use of financing for the first mortgage that is
provided by such State housing finance
agency;</DELETED>
<DELETED> ``(B) require such agencies to allow, in
accordance with this section, for the refinancing or
prepayment of loans made under section 202 of the
Housing Act of 1959 with a loan selected by the owners,
except that any use restrictions on the property for
which the loan was made shall remain in effect for the
duration provided under the original terms of such
loan; and</DELETED>
<DELETED> ``(C) only carry out the demonstration
program in a State that has experience with operating
and maintaining a housing preservation revolving loan
fund.</DELETED>
<DELETED> ``(3) Study.--The Secretary shall conduct a study
to evaluate the performance and results of the demonstration
program carried out under paragraph (1). In conducting such
study, the Secretary shall place particular emphasis on whether
the asset management functions and activities related to loans
and properties held in the portfolios sold to State housing
finance agencies under such demonstration program have been
accomplished in a timely, effective, and efficient manner,
including an analysis of approvals of refinancings and
preservation transactions, rent increase requests, withdrawals
from reserves or residual receipts (where there is no contract
administrator), and provider and resident
satisfaction.</DELETED>
<DELETED> ``(4) Report.--Not later than 3 years after the
date of enactment of this subsection, the Secretary shall
submit a report to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives on--</DELETED>
<DELETED> ``(A) the findings of the study required
under paragraph (3); and</DELETED>
<DELETED> ``(B) any recommendations the Secretary
may have for expanding the demonstration project
required under paragraph (1).</DELETED>
<DELETED> ``(g) Subordination or Assumption of Existing Debt.--In
lieu of prepayment under this section of the indebtedness with respect
to a project, the Secretary may approve--</DELETED>
<DELETED> ``(1) in connection with new financing for the
project, the subordination of the loan for the project under
section 202 of the Housing Act of 1959 (as in effect before the
enactment of the Cranston-Gonzalez National Affordable Housing
Act) and the continued subordination of any other existing
subordinate debt previously approved by the Secretary to
facilitate preservation of the project as affordable housing;
or</DELETED>
<DELETED> ``(2) the assumption (which may include the
subordination described in paragraph (1)) of the loan for the
project under such section 202 in connection with the transfer
of the project with such a loan to a private nonprofit
organization.</DELETED>
<DELETED> ``(h) Flexible Subsidy Debt.--The Secretary shall waive
the requirement that debt for a project pursuant to the flexible
subsidy program under section 201 of the Housing and Community
Development Amendments of 1978 (12 U.S.C. 1715z-1a) be prepaid in
connection with a prepayment, refinancing, or transfer under this
section of a project if such waiver is necessary for the financial
feasibility of the transaction and is consistent with the long-term
preservation of the project as affordable housing.</DELETED>
<DELETED> ``(i) Tenant Involvement in Prepayment and Refinancing.--
The Secretary shall not accept an offer to prepay the loan for any
project under section 202 of the Housing Act of 1959 unless the
Secretary has--</DELETED>
<DELETED> ``(1) determined that the owner of the project has
notified the tenants of the owner's request for approval of a
prepayment;</DELETED>
<DELETED> ``(2) determined that the owner of the project has
provided the tenants with an opportunity to comment on the
owner's request for approval of a prepayment, including a
description of any anticipated rehabilitation or other use of
the proceeds from the transaction, and its impacts on project
rents, tenant contributions, or the affordability restrictions
for the project; and</DELETED>
<DELETED> ``(3) taken such comments into
consideration.</DELETED>
<DELETED> ``(j) Definition of Private Nonprofit Organization.--For
purposes of this section, the term `private nonprofit organization' has
the meaning given such term in section 202(k) of the Housing Act of
1959 (12 U.S.C. 1701q(k)).''.</DELETED>
<DELETED>TITLE III--ASSISTED LIVING FACILITIES</DELETED>
<DELETED>SEC. 301. DEFINITION OF ASSISTED LIVING FACILITY.</DELETED>
<DELETED> Section 202b(g) of the Housing Act of 1959 (12 U.S.C.
1701q-2(g)) is amended by striking paragraph (1) and inserting the
following new paragraph:</DELETED>
<DELETED> ``(1) the term `assisted living facility' means a
facility that--</DELETED>
<DELETED> ``(A) is owned by a private nonprofit
organization; and</DELETED>
<DELETED> ``(B)(i) is licensed and regulated by a
State (or if there is no State law providing for such
licensing and regulation by the State, by the
municipality or other political subdivision in which
the facility is located); or</DELETED>
<DELETED> ``(ii)(I) makes available, directly or
through recognized and experienced third party service
providers, to residents at the resident's request or
choice supportive services to assist the residents in
carrying out the activities of daily living, as
described in section 232(b)(6)(B) of the National
Housing Act (12 U.S.C. 1715w(b)(6)(B)); and</DELETED>
<DELETED> ``(II) provides separate dwelling units
for residents, each of which may contain a full kitchen
and bathroom and which includes common rooms and other
facilities appropriate for the provision of supportive
services to the residents of the facility;
and''.</DELETED>
<DELETED>SEC. 302. MONTHLY ASSISTANCE PAYMENT UNDER RENTAL
ASSISTANCE.</DELETED>
<DELETED> Clause (iii) of section 8(o)(18)(B) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(18)(B)(iii)) is amended by
inserting before the period at the end the following: ``, except that a
family may be required at the time the family initially receives such
assistance to pay rent in an amount exceeding 40 percent of the monthly
adjusted income of the family by such an amount or percentage that is
reasonable given the services and amenities provided and as the
Secretary deems appropriate.''.</DELETED>
<DELETED>TITLE IV--FACILITATING AFFORDABLE HOUSING PRESERVATION
TRANSACTIONS</DELETED>
<DELETED>SEC. 401. USE OF SALE OR REFINANCING PROCEEDS.</DELETED>
<DELETED> Notwithstanding any other provision of law, in connection
with the sale or refinancing of a multifamily housing project, or the
transfer of an assistance contract on such a property, that requires
the approval of the Secretary of Housing and Urban Development, the
Secretary shall not impose any condition that restricts the amount or
use of sale or refinancing proceeds, or requires the filing of a
financial report, unless such condition is expressly authorized by an
existing contract entered into between the Secretary (or the
Secretary's designee) and the project owner before the imposition of a
condition prohibited by this section or is a general condition for new
financing with a mortgage insured by the Secretary. Any such condition
previously imposed by the Secretary after January 1, 2005, shall, at
the option of the project owner, be considered void and not
enforceable, and any agreement containing such a condition shall be
rescinded and may be reissued without the void condition.</DELETED>
<DELETED>TITLE V--NATIONAL SENIOR HOUSING CLEARINGHOUSE</DELETED>
<DELETED>SEC. 501. NATIONAL SENIOR HOUSING CLEARINGHOUSE.</DELETED>
<DELETED> (a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Housing and Urban
Development shall establish and operate a clearinghouse to serve as a
national repository to receive, collect, process, assemble, and
disseminate information regarding the availability and quality of
multifamily developments for elderly tenants, including--</DELETED>
<DELETED> (1) the availability of--</DELETED>
<DELETED> (A) supportive housing for the elderly
pursuant to section 202 of the Housing Act of 1959 (12
U.S.C. 1701q), including any housing unit assisted with
a project rental assistance contract under such
section;</DELETED>
<DELETED> (B) properties and units eligible for
assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f);</DELETED>
<DELETED> (C) properties eligible for the low-income
housing tax credit under section 42 of the Internal
Revenue Code of 1986;</DELETED>
<DELETED> (D) units in assisted living facilities
insured pursuant to section 221(d)(4) of the National
Housing Act (12 U.S.C. 1715l(d)(4));</DELETED>
<DELETED> (E) units in any multifamily project that
has been converted into an assisted living facility for
elderly persons pursuant to section 202b of the Housing
Act of 1959 (12 U.S.C. 1701q-2); and</DELETED>
<DELETED> (F) any other federally assisted or
subsidized housing for the elderly;</DELETED>
<DELETED> (2) the number of available units in each
property, project, or facility described in paragraph
(1);</DELETED>
<DELETED> (3) the number of bedrooms in each available unit
in each property, project, or facility described in paragraph
(1);</DELETED>
<DELETED> (4) the estimated cost to a potential tenant to
rent or reside in each available unit in each property,
project, or facility described in paragraph (1);</DELETED>
<DELETED> (5) the presence of a waiting list for entry into
any available unit in each property, project, or facility
described in paragraph (1);</DELETED>
<DELETED> (6) the number of persons on the waiting list for
entry into any available unit in each property, project, or
facility described in paragraph (1);</DELETED>
<DELETED> (7) the estimated time an individual can expect to
be on the waiting list for entry into any available unit in
each property, project, or facility described in paragraph
(1);</DELETED>
<DELETED> (8) the amenities available in each available unit
in each property, project, or facility described in paragraph
(1), including--</DELETED>
<DELETED> (A) the services provided by such
property, project, or facility;</DELETED>
<DELETED> (B) the size and availability of common
space within each property, project, or
facility;</DELETED>
<DELETED> (C) the availability of organized
activities for individuals residing in such property,
project, or facility; and</DELETED>
<DELETED> (D) any other additional amenities
available to individuals residing in such property,
project, or facility;</DELETED>
<DELETED> (9) the level of care (personal, physical, or
nursing) available to individuals residing in any property,
project, or facility described in paragraph (1);</DELETED>
<DELETED> (10) whether there is a service coordinator in any
property, project, or facility described in paragraph (1);
and</DELETED>
<DELETED> (11) any other criteria determined appropriate by
the Secretary.</DELETED>
<DELETED> (b) Collection and Updating of Information.--</DELETED>
<DELETED> (1) Initial collection.--Not later than 90 days
after the date of enactment of this Act, the Secretary of
Housing and Urban Development shall conduct an annual survey
requesting information from each owner of a property, project,
or facility described in subsection (a)(1) regarding the
provisions described in paragraphs (2) through (11) of such
subsection.</DELETED>
<DELETED> (2) Response time.--Not later than 30 days after
receiving the request described under paragraph (1), the owner
of each such property, project, or facility shall submit such
information to the Secretary of Housing and Urban
Development.</DELETED>
<DELETED> (3) Public availability.--Not later than 60 days
after the Secretary of Housing and Urban Development receives
the submission of any information required under paragraph (2),
the Secretary shall make such information publicly available
through the clearinghouse.</DELETED>
<DELETED> (4) Updates.--The Secretary of Housing and Urban
Development shall conduct an annual survey of each owner of a
property, project, or facility described in subsection (a)(1)
for the purpose of updating or modifying information provided
in the initial collection of information under paragraph (1).
Not later than 30 days after receiving such a request, the
owner of each such property, project, or facility shall submit
such updates or modifications to the Secretary. Not later than
60 days after receiving such updates or modifications, the
Secretary shall inform the clearinghouse of such updated or
modified information.</DELETED>
<DELETED> (c) Functions.--The clearinghouse established under
subsection (a) shall--</DELETED>
<DELETED> (1) respond to inquiries from State and local
governments, other organizations, and individuals requesting
information regarding the availability of housing in
multifamily developments for elderly tenants;</DELETED>
<DELETED> (2) make such information publicly available via
the Internet website of the Department of Housing and Urban
Development, which shall include--</DELETED>
<DELETED> (A) access via electronic mail;
and</DELETED>
<DELETED> (B) an easily searchable, sortable,
downloadable, and accessible index that itemizes the
availability of housing in multifamily developments for
elderly tenants by State, county, and zip
code;</DELETED>
<DELETED> (3) establish a toll-free number to provide the
public with specific information regarding the availability of
housing in multifamily developments for elderly tenants;
and</DELETED>
<DELETED> (4) perform any other duty that the Secretary
determines necessary to achieve the purposes of this
section.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as necessary to carry out this
section.</DELETED>
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Section 202
Supportive Housing for the Elderly Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--NEW CONSTRUCTION REFORMS
Sec. 101. Selection criteria.
Sec. 102. Development cost limitations.
Sec. 103. Owner deposits.
Sec. 104. Definition of private nonprofit organization.
Sec. 105. Nonmetropolitan allocation.
TITLE II--REFINANCING
Sec. 201. Approval of prepayment of debt.
Sec. 202. Use of unexpended amounts.
Sec. 203. Use of project residual receipts.
Sec. 204. Additional provisions.
TITLE III--ASSISTED LIVING FACILITIES AND SERVICE-ENRICHED HOUSING
Sec. 301. Amendments to the grants for conversion of elderly housing to
assisted living facilities.
Sec. 302. Monthly assistance payment under rental assistance.
TITLE IV--NATIONAL SENIOR HOUSING CLEARINGHOUSE
Sec. 401. National senior housing clearinghouse.
TITLE I--NEW CONSTRUCTION REFORMS
SEC. 101. SELECTION CRITERIA.
Section 202(f)(1) of the Housing Act of 1959 (12 U.S.C.
1701q(f)(1)) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the following new
subparagraph:
``(F) the extent to which the applicant has ensured that a
service coordinator will be employed or otherwise retained for
the housing, who has the managerial capacity and responsibility
for carrying out the actions described in subparagraphs (A) and
(B) of subsection (g)(2);''.
SEC. 102. DEVELOPMENT COST LIMITATIONS.
Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C.
1701q(h)(1)) is amended, in the matter preceding subparagraph (A), by
inserting ``reasonable'' before ``development cost limitations''.
SEC. 103. OWNER DEPOSITS.
Section 202(j)(3)(A) of the Housing Act of 1959 (12 U.S.C.
1701q(j)(3)(A)) is amended by inserting after the period at the end the
following: ``Such amount shall be used only to cover operating deficits
during the first 3 years of operations and shall not be used to cover
construction shortfalls or inadequate initial project rental assistance
amounts.''.
SEC. 104. DEFINITION OF PRIVATE NONPROFIT ORGANIZATION.
Section 202(k)(4) of the Housing Act of 1959 (12 U.S.C.
1701q(k)(4)) is amended to read as follows:
``(4) The term `private nonprofit organization' means--
``(A) any incorporated private institution or
foundation--
``(i) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
``(ii) which has a governing board--
``(I) the membership of which is
selected in a manner to assure that
there is significant representation of
the views of the community in which
such housing is located; and
``(II) which is responsible for the
operation of the housing assisted under
this section, except that, in the case
of a nonprofit organization that is the
sponsoring organization of multiple
housing projects assisted under this
section, the Secretary may determine
the criteria or conditions under which
financial, compliance and other
administrative responsibilities
exercised by a single-entity private
nonprofit organization that is the
owner corporation responsible for the
operation of an individual housing
project may be shared or transferred to
the governing board of such sponsoring
organization; and
``(iii) which is approved by the Secretary
as to financial responsibility; and
``(B) a for-profit limited partnership the sole
general partner of which is--
``(i) an organization meeting the
requirements under subparagraph (A);
``(ii) a for-profit corporation wholly
owned and controlled by one or more
organizations meeting the requirements under
subparagraph (A); or
``(iii) a limited liability company wholly
owned and controlled by one or more
organizations meeting the requirements under
subparagraph (A).''.
SEC. 105. NONMETROPOLITAN ALLOCATION.
Paragraph (3) of section 202(l) of the Housing Act of 1959 (12
U.S.C. 1701q(l)(3)) is amended by inserting after the period at the end
the following: ``In complying with this paragraph, the Secretary shall
either operate a national competition for the nonmetropolitan funds or
make allocations to regional offices of the Department of Housing and
Urban Development.''.
TITLE II--REFINANCING
SEC. 201. APPROVAL OF PREPAYMENT OF DEBT.
Subsection (a) of section 811 of the American Homeownership and
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
for which the Secretary's consent to prepayment is required,''
after ``Affordable Housing Act)'';
(2) in paragraph (1)--
(A) by inserting ``at least 20 years following''
before ``the maturity date'';
(B) by inserting ``project-based'' before ``rental
assistance payments contract'';
(C) by inserting ``project-based'' before ``rental
housing assistance programs''; and
(D) by inserting ``, or any successor project-based
rental assistance program,'' after ``1701s))'';
(3) by amending paragraph (2) to read as follows:
``(2) the prepayment may involve refinancing of the loan if
such refinancing results in--
``(A) a lower interest rate on the principal of the
loan for the project and in reductions in debt service
related to such loan; or
``(B) a transaction in which the project owner will
address the physical needs of the project, but only if,
as a result of the refinancing--
``(i) the rent charges for unassisted
families residing in the project do not
increase or such families are provided rental
assistance under a senior preservation rental
assistance contract for the project pursuant to
subsection (e); and
``(ii) the overall cost for providing
rental assistance under section 8 for the
project (if any) is not increased, except, upon
approval by the Secretary to--
``(I) mark-up-to-market contracts
pursuant to section 524(a)(3) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out
by the Secretary for properties owned
by nonprofit organizations; or
``(II) mark-up-to-budget contracts
pursuant to section 524(a)(4) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out
by the Secretary for properties owned
by eligible owners (as such term is
defined in section 202(k) of the
Housing Act of 1959 (12 U.S.C.
1701q(k)); and''; and
(4) by adding at the end the following:
``(3) notwithstanding paragraph (2)(A), the prepayment and
refinancing authorized pursuant to paragraph (2)(B) involves an
increase in debt service only in the case of a refinancing of a
project assisted with a loan under such section 202 carrying an
interest rate of 6 percent or lower.''.
SEC. 202. USE OF UNEXPENDED AMOUNTS.
Subsection (c) of section 811 of the American Homeownership and
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended--
(1) by striking ``Use of Unexpended Amounts.--'' and
inserting ``Use of Proceeds.--'';
(2) by amending the matter preceding paragraph (1) to read
as follows: ``Upon execution of the refinancing for a project
pursuant to this section, the Secretary shall ensure that
proceeds are used in a manner advantageous to tenants of the
project, or are used in the provision of affordable rental
housing and related social services for elderly persons that
are tenants of the project or are tenants of other HUD-assisted
senior housing by the private nonprofit organization project
owner, private nonprofit organization project sponsor, or
private nonprofit organization project developer, including--
'';
(3) by amending paragraph (1) to read as follows:
``(1) not more than 15 percent of the cost of increasing
the availability or provision of supportive services, which may
include the financing of service coordinators and congregate
services, except that upon the request of the non-profit owner,
sponsor, or organization and determination of the Secretary,
such 15 percent limitation may be waived to ensure that the use
of unexpended amounts better enables seniors to age in
place;'';
(4) in paragraph (2), by inserting before the semicolon the
following; ``, including reducing the number of units by
reconfiguring units that are functionally obsolete,
unmarketable, or not economically viable'';
(5) in paragraph (3), by striking ``or'' at the end;
(6) in paragraph (4), by striking ``according to a pro rata
allocation of shared savings resulting from the refinancing.''
and inserting a semicolon; and
(7) by adding at the end the following new paragraphs:
``(5) rehabilitation of the project to ensure long-term
viability; and
``(6) the payment to the project owner, sponsor, or third
party developer of a developer's fee in an amount not to exceed
or duplicate--
``(A) in the case of a project refinanced through a
State low income housing tax credit program, the fee
permitted by the low income housing tax credit program
as calculated by the State program as a percentage of
acceptable development cost as defined by that State
program; or
``(B) in the case of a project refinanced through
any other source of refinancing, 15 percent of the
acceptable development cost.
For purposes of paragraph (6)(B), the term `acceptable development
cost' shall include, as applicable, the cost of acquisition,
rehabilitation, loan prepayment, initial reserve deposits, and
transaction costs.''.
SEC. 203. USE OF PROJECT RESIDUAL RECEIPTS.
Paragraph (1) of section 811(d) of the American Homeownership and
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended--
(1) by striking ``not more than 15 percent of''; and
(2) by inserting before the period at the end the
following: ``or other purposes approved by the Secretary''.
SEC. 204. ADDITIONAL PROVISIONS.
Section 811 of the American Homeownership and Economic Opportunity
Act of 2000 (12 U.S.C. 1701q note) is amended by adding at the end the
following new subsections:
``(e) Senior Preservation Rental Assistance Contracts.--
Notwithstanding any other provision of law, in connection with a
prepayment plan for a project approved under subsection (a) by the
Secretary or as otherwise approved by the Secretary to prevent
displacement of elderly residents of the project in the case of
refinancing or recapitalization and to further preservation and
affordability of such project, the Secretary shall provide project-
based rental assistance for the project under a senior preservation
rental assistance contract, as follows:
``(1) Assistance under the contract shall be made available
to the private nonprofit organization owner--
``(A) for a term of at least 20 years, subject to
annual appropriations; and
``(B) under the same rules governing project-based
rental assistance made available under section 8 of the
Housing Act of 1937 or under the rules of such
assistance as may be made available for the project.
``(2) Any projects for which a senior preservation rental
assistance contract is provided shall be subject to a use
agreement to ensure continued project affordability having a
term of the longer of (A) the term of the senior preservation
rental assistance contract, or (B) such term as is required by
the new financing.
``(f) Subordination or Assumption of Existing Debt.--In lieu of
prepayment under this section of the indebtedness with respect to a
project, the Secretary may approve--
``(1) in connection with new financing for the project, the
subordination of the loan for the project under section 202 of
the Housing Act of 1959 (as in effect before the enactment of
the Cranston-Gonzalez National Affordable Housing Act) and the
continued subordination of any other existing subordinate debt
previously approved by the Secretary to facilitate preservation
of the project as affordable housing; or
``(2) the assumption (which may include the subordination
described in paragraph (1)) of the loan for the project under
such section 202 in connection with the transfer of the project
with such a loan to a private nonprofit organization.
``(g) Flexible Subsidy Debt.--The Secretary shall waive the
requirement that debt for a project pursuant to the flexible subsidy
program under section 201 of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1715z-1a) be prepaid in connection with a
prepayment, refinancing, or transfer under this section of a project if
the financial transaction or refinancing cannot be completed without
the waiver.
``(h) Tenant Involvement in Prepayment and Refinancing.--The
Secretary shall not accept an offer to prepay the loan for any project
under section 202 of the Housing Act of 1959 unless the Secretary--
``(1) has determined that the owner of the project has
notified the tenants of the owner's request for approval of a
prepayment; and
``(2) has determined that the owner of the project has
provided the tenants with an opportunity to comment on the
owner's request for approval of a prepayment, including on the
description of any anticipated rehabilitation or other use of
the proceeds from the transaction, and its impacts on project
rents, tenant contributions, or the affordability restrictions
for the project, and that the owner has responded to such
comments in writing.
``(i) Definition of Private Nonprofit Organization.--For purposes
of this section, the term `private nonprofit organization' has the
meaning given such term in section 202(k) of the Housing Act of 1959
(12 U.S.C. 1701q(k)).''.
TITLE III--ASSISTED LIVING FACILITIES AND SERVICE-ENRICHED HOUSING
SEC. 301. AMENDMENTS TO THE GRANTS FOR CONVERSION OF ELDERLY HOUSING TO
ASSISTED LIVING FACILITIES.
(a) Technical Amendment.--The section heading for section 202b of
the Housing Act of 1959 (12 U.S.C. 1701q-2) is amended by inserting
``and other purposes'' after ``assisted living facilities''.
(b) Extension of Grant Authority.--Section 202b(a)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q-2(a)(2)) is amended--
(1) by striking ``(2) Conversion.--Activities'' and
inserting the following:
``(2) Conversion.--
``(A) Assisted living facilities.--Activities'';
and
(2) by adding at the end the following:
``(B) Service-enriched housing.--Activities
designed to convert dwelling units in the eligible
project to service-enriched housing for elderly
persons.''.
(c) Amendment to Application Process.--Section 202b(c)(1) of the
Housing Act of 1959 (12 U.S.C. 1701q-2(c)(1)) is amended by inserting
``for either an assisted living facility or service-enriched housing''
after ``activities''.
(d) Requirements for Services.--Section 202b(d) of the Housing Act
of 1959 (12 U.S.C. 1701q-2(d)) is amended to read as follows:
``(d) Requirements for Services.--
``(1) Sufficient evidence of firm funding commitments.--The
Secretary may not make a grant under this section for
conversion activities unless an application for a grant
submitted pursuant to subsection (c) contains sufficient
evidence, in the determination of the Secretary, of firm
commitments for the funding of services to be provided in the
assisted living facility or service-enriched housing, which may
be provided by third parties.
``(2) Required evidence.--The Secretary shall require
evidence that each recipient of a grant for service-enriched
housing under this section provides relevant and timely
disclosure of information to residents or potential residents
of such housing relating to--
``(A) the services that will be available at the
property to each resident, including--
``(i) the right to accept, decline, or
choose such services and to have the choice of
provider;
``(ii) the services made available by or
contracted through the grantee;
``(iii) the identity of, and relevant
information for, all agencies or organizations
providing any services to residents, which
agencies or organizations shall provide
information regarding all procedures and
requirements to obtain services, any charges or
rates for the services, and the rights and
responsibilities of the residents related to
those services;
``(B) the availability, identity, contact
information, and role of the service coordinator; and
``(C) such other information as the Secretary
determines to be appropriate to ensure that residents
are adequately informed of the services options
available to promote resident independence and quality
of life.''.
(e) Amendments to Selection Criteria.--Section 202b(e) of the
Housing Act of 1959 (12 U.S.C. 1701q-2(e)) is amended--
(1) in paragraph (2)--
(A) by inserting ``or service-enriched housing''
after ``facilities''; and
(B) by inserting ``service-enriched housing'' after
``facility'';
(2) in paragraph (5), by inserting ``or service-enriched
housing'' after ``facility''; and
(3) in paragraph (6), by inserting ``or service-enriched
housing'' after ``facility''.
(f) Amendments to Section 8 Project-based Assistance.--Section
202b(f) of the Housing Act of 1959 (12 U.S.C. 1701q-2(f)) is amended--
(1) in paragraph (1), by inserting ``or service-enriched
housing'' after ``facilities'' each time that term appears; and
(2) in paragraph (2), by inserting ``or service-enriched
housing'' after ``facility''.
(g) Amendments to Definitions.--Section 202b(g) of the Housing Act
of 1959 (12 U.S.C. 1701q-2(g)) is amended to read as follows:
``(g) Definitions.--For purposes of this section--
``(1) the term `assisted living facility' has the meaning
given such term in section 232(b) of the National Housing Act
(1715w(b));
``(2) the term `service-enriched housing' means housing
that--
``(A) makes available through licensed or certified
third party service providers supportive services to
assist the residents in carrying out activities of
daily living, such as bathing, dressing, eating,
getting in and out of bed or chairs, walking, going
outdoors, using the toilet, laundry, home management,
preparing meals, shopping for personal items, obtaining
and taking medication, managing money, using the
telephone, or performing light or heavy housework, and
which may make available to residents home health care
services, such as nursing and therapy;
``(B) includes the position of service coordinator,
which may be funded as an operating expense of the
property; ;
``(C) provides separate dwelling units for
residents, each of which contains a full kitchen and
bathroom and which includes common rooms and other
facilities appropriate for the provision of supportive
services to the residents of the housing; and
``(D) provides residents with control over health
care and supportive services decisions, including the
right to accept, decline, or choose such services, and
to have the choice of provider; and
``(3) the definitions in section 1701(q)(k) of this title
shall apply.''.
SEC. 302. MONTHLY ASSISTANCE PAYMENT UNDER RENTAL ASSISTANCE.
Clause (iii) of section 8(o)(18)(B) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(18)(B)(iii)) is amended by inserting
before the period at the end the following: ``, except that a family
may be required at the time the family initially receives such
assistance to pay rent in an amount exceeding 40 percent of the monthly
adjusted income of the family by such an amount or percentage that is
reasonable given the services and amenities provided and as the
Secretary deems appropriate.''.
TITLE IV--NATIONAL SENIOR HOUSING CLEARINGHOUSE
SEC. 401. NATIONAL SENIOR HOUSING CLEARINGHOUSE.
(a) Establishment.--Not later than 360 days after the date of
enactment of this Act, the Secretary of Housing and Urban Development
shall establish and operate a clearinghouse to serve as a national
repository to receive, collect, process, assemble, and disseminate
information regarding the availability and quality of multifamily
developments for elderly tenants, including--
(1) the availability of--
(A) supportive housing for the elderly pursuant to
section 202 of the Housing Act of 1959 (12 U.S.C.
1701q), including any housing unit assisted with a
project rental assistance contract under such section;
(B) properties and units eligible for assistance
under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f);
(C) properties eligible for the low-income housing
tax credit under section 42 of the Internal Revenue
Code of 1986;
(D) units in assisted living facilities insured
pursuant to section 221(d)(4) of the National Housing
Act (12 U.S.C. 1715l(d)(4));
(E) units in any multifamily project that has been
converted into an assisted living facility for elderly
persons pursuant to section 202b of the Housing Act of
1959 (12 U.S.C. 1701q-2); and
(F) any other federally assisted or subsidized
housing for the elderly;
(2) the number of available units in each property,
project, or facility described in paragraph (1);
(3) the number of bedrooms in each available unit in each
property, project, or facility described in paragraph (1);
(4) the estimated cost to a potential tenant to rent or
reside in each available unit in each property, project, or
facility described in paragraph (1);
(5) the presence of a waiting list for entry into any
available unit in each property, project, or facility described
in paragraph (1);
(6) the number of persons on the waiting list for entry
into any available unit in each property, project, or facility
described in paragraph (1);
(7) the amenities available in each available unit in each
property, project, or facility described in paragraph (1),
including--
(A) the services provided by such property,
project, or facility;
(B) the size and availability of common space
within each property, project, or facility;
(C) the availability of organized activities for
individuals residing in such property, project, or
facility; and
(D) any other additional amenities available to
individuals residing in such property, project, or
facility;
(8) the level of care (personal, physical, or nursing)
available to individuals residing in any property, project, or
facility described in paragraph (1);
(9) whether there is a service coordinator in any property,
project, or facility described in paragraph (1); and
(10) any other criteria determined appropriate by the
Secretary.
(b) Collection and Updating of Information.--
(1) Initial collection.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Housing and
Urban Development shall conduct a survey requesting information
from each owner of a property, project, or facility described
in subsection (a)(1) regarding the provisions described in
paragraphs (2) through (10) of such subsection.
(2) Response time.--Not later than 60 days after receiving
the request described under paragraph (1), the owner of each
such property, project, or facility shall submit such
information to the Secretary of Housing and Urban Development.
(3) Public availability.--Not later than 120 days after the
Secretary of Housing and Urban Development receives the
submission of any information required under paragraph (2), the
Secretary shall make such information publicly available
through the clearinghouse.
(4) Updates.--The Secretary of Housing and Urban
Development shall conduct a biennial survey of each owner of a
property, project, or facility described in subsection (a)(1)
for the purpose of updating or modifying information provided
in the initial collection of information under paragraph (1).
Not later than 30 days after receiving such a request, the
owner of each such property, project, or facility shall submit
such updates or modifications to the Secretary. Not later than
60 days after receiving such updates or modifications, the
Secretary shall inform the clearinghouse of such updated or
modified information.
(c) Functions.--The clearinghouse established under subsection (a)
shall--
(1) respond to inquiries from State and local governments,
other organizations, and individuals requesting information
regarding the availability of housing in multifamily
developments for elderly tenants;
(2) make such information publicly available via the
Internet website of the Department of Housing and Urban
Development, which shall include--
(A) access via electronic mail; and
(B) an easily searchable, sortable, downloadable,
and accessible index that itemizes the availability of
housing in multifamily developments for elderly tenants
by State, county, and zip code;
(3) establish a toll-free number to provide the public with
specific information regarding the availability of housing in
multifamily developments for elderly tenants; and
(4) perform any other duty that the Secretary determines
necessary to achieve the purposes of this section.
(d) Relationship With Other Databases.--The Secretary of Housing
and Urban Development may make the clearinghouse established under
subsection (a) a part of any other multifamily housing database the
Secretary is required to establish.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.
Calendar No. 657
111th CONGRESS
2d Session
S. 118
_______________________________________________________________________
A BILL
To amend section 202 of the Housing Act of 1959, to improve the program
under such section for supportive housing for the elderly, and for
other purposes.
_______________________________________________________________________
November 30, 2010
Reported with an amendment