[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