[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1481 Engrossed in Senate (ES)]
111th CONGRESS
2d Session
S. 1481
_______________________________________________________________________
AN ACT
To amend section 811 of the Cranston-Gonzalez National Affordable
Housing Act to improve the program under such section for supportive
housing for persons with disabilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Frank Melville
Supportive Housing Investment Act of 2010''.
(b) References.--Except as otherwise expressly provided, wherever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, section 811 or any other provision of
section 811, the reference shall be considered to be made to section
811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013).
SEC. 2. TENANT-BASED RENTAL ASSISTANCE.
(a) Renewal Through Section 8.--Section 811(d)(4) is amended to
read as follows:
``(4) Tenant-based rental assistance.--
``(A) In general.--Tenant-based rental assistance
provided under subsection (b)(1) shall be provided
under section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)).
``(B) Conversion of existing assistance.--There is
authorized to be appropriated for tenant-based rental
assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) for persons
with disabilities an amount not less than the amount
necessary to convert the number of authorized vouchers
and funding under an annual contributions contract in
effect on the date of enactment of the Frank Melville
Supportive Housing Investment Act of 2010. Such
converted vouchers may be administered by the entity
administering the vouchers prior to conversion. For
purposes of administering such converted vouchers, such
entities shall be considered a `public housing agency'
authorized to engage in the operation of tenant-based
assistance under section 8 of the United States Housing
Act of 1937.
``(C) Requirements upon turnover.--The Secretary
shall develop and issue, to public housing agencies
that receive voucher assistance made available under
this subsection and to public housing agencies that
received voucher assistance under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o))
for non-elderly disabled families pursuant to
appropriation Acts for fiscal years 1997 through 2002
or any other subsequent appropriations for incremental
vouchers for non-elderly disabled families, guidance to
ensure that, to the maximum extent possible, such
vouchers continue to be provided upon turnover to
qualified persons with disabilities or to qualified
non-elderly disabled families, respectively.''.
(b) Provision of Technical Assistance.--The Secretary is authorized
to the extent amounts are made available in future appropriations Acts,
to provide technical assistance to public housing agencies and other
administering entities to facilitate using vouchers to provide
permanent supportive housing for persons with disabilities, help States
reduce reliance on segregated restrictive settings for people with
disabilities to meet community care requirements, end chronic
homelessness, as ``chronically homeless'' is defined in section 401 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361), and for
other related purposes.
SEC. 3. MODERNIZED CAPITAL ADVANCE PROGRAM.
(a) Project Rental Assistance Contracts.--Section 811 is amended--
(1) in subsection (d)(2)--
(A) by inserting ``(A) Initial project rental
assistance contract.--'' after ``Project rental
assistance.--'';
(B) in the first sentence, by inserting after
``shall'' the following: ``comply with subsection
(e)(2) and shall'';
(C) by striking ``annual contract amount'' each
place such term appears and inserting ``amount provided
under the contract for each year covered by the
contract''; and
(D) by adding at the end the following new
subparagraph:
``(B) Renewal of and increases in contract amounts.--
``(i) Expiration of contract term.--Upon the
expiration of each contract term, subject to the
availability of amounts made available in appropriation
Acts, the Secretary shall adjust the annual contract
amount to provide for reasonable project costs,
including adequate reserves and service coordinators as
appropriate, except that any contract amounts not used
by a project during a contract term shall not be
available for such adjustments upon renewal.
``(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.''.
(2) in subsection (e)(2)--
(A) in the first sentence, by inserting before the
period at the end the following: ``, except that, in
the case of the sponsor of a project assisted with any
low-income housing tax credit pursuant to section 42 of
the Internal Revenue Code of 1986 or with any tax-
exempt housing bonds, the contract shall have an
initial term of not less than 360 months and shall
provide funding for a term of 60 months''; and
(B) by striking ``extend any expiring contract''
and insert ``upon expiration of a contract (or any
renewed contract), renew such contract''.
(b) Program Requirements.--Section 811 is amended--
(1) in subsection (e)--
(A) by striking the subsection heading and
inserting the following: ``Program Requirements'';
(B) by striking paragraph (1) and inserting the
following new paragraph:
``(1) Use restrictions.--
``(A) Term.--Any project for which a capital
advance is provided under subsection (d)(1) shall be
operated for not less than 40 years as supportive
housing for persons with disabilities, in accordance
with the application for the project approved by the
Secretary and shall, during such period, be made
available for occupancy only by very low-income persons
with disabilities.
``(B) Conversion.--If the owner of a project
requests the use of the project for the direct benefit
of very low-income persons with disabilities and,
pursuant to such request the Secretary determines that
a project is no longer needed for use as supportive
housing for persons with disabilities, the Secretary
may approve the request and authorize the owner to
convert the project to such use.''; and
(C) by adding at the end the following new
paragraphs:
``(3) Limitation on use of funds.--No assistance received
under this section (or any State or local government funds used
to supplement such assistance) may be used to replace other
State or local funds previously used, or designated for use, to
assist persons with disabilities.
``(4) Multifamily projects.--
``(A) Limitation.--Except as provided in
subparagraph (B), of the total number of dwelling units
in any multifamily housing project (including any
condominium or cooperative housing project) containing
any unit for which assistance is provided from a
capital grant under subsection (d)(1) made after the
date of the enactment of the Frank Melville Supportive
Housing Investment Act of 2010, the aggregate number
that are used for persons with disabilities, including
supportive housing for persons with disabilities, or to
which any occupancy preference for persons with
disabilities applies, may not exceed 25 percent of such
total.
``(B) Exception.--Subparagraph (A) shall not apply
in the case of any project that is a group home or
independent living facility.''; and
(2) in subsection (l), by striking paragraph (4).
(c) Delegated Processing.--Subsection (g) of section 811 (42 U.S.C.
8013(g)) is amended--
(1) by striking ``Selection Criteria.--'' and inserting
``Selection Criteria and Processing.--(1) Selection criteria.--
'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as subparagraphs (A), (B), (C), (D), (E), (G), and
(H), respectively; and
(3) by adding at the end the following new paragraph:
``(2) Delegated Processing.--
``(A) In issuing a capital advance under subsection (d)(1)
for any multifamily project (but not including any project that
is a group home or independent living facility) for which
financing for the purposes described in the last sentence of
subsection (b) is provided by a combination of the capital
advance and sources other than this section, within 30 days of
award of the capital advance, the Secretary shall delegate
review and processing of such projects to a State or local
housing agency that--
``(i) is in geographic proximity to the property;
``(ii) has demonstrated experience in and capacity
for underwriting multifamily housing loans that provide
housing and supportive services;
``(iii) may or may not be providing low-income
housing tax credits in combination with the capital
advance under this section; and
``(iv) agrees to issue a firm commitment within 12
months of delegation.
``(B) The Secretary shall retain the authority to process
capital advances in cases in which no State or local housing
agency is sufficiently qualified to provide delegated
processing pursuant to this paragraph or no such agency has
entered into an agreement with the Secretary to serve as a
delegated processing agency.
``(C) The Secretary shall--
``(i) develop criteria and a timeline to
periodically assess the performance of State and local
housing agencies in carrying out the duties delegated
to such agencies pursuant to subparagraph (A); and
``(ii) retain the authority to review and process
projects financed by a capital advance in the event
that, after a review and assessment, a State or local
housing agency is determined to have failed to satisfy
the criteria established pursuant to clause (i).
``(D) An agency to which review and processing is delegated
pursuant to subparagraph (A) may assess a reasonable fee which
shall be included in the capital advance amounts and may
recommend project rental assistance amounts in excess of those
initially awarded by the Secretary. The Secretary shall develop
a schedule for reasonable fees under this subparagraph to be
paid to delegated processing agencies, which shall take into
consideration any other fees to be paid to the agency for other
funding provided to the project by the agency, including bonds,
tax credits, and other gap funding.
``(E) Under such delegated system, the Secretary shall
retain the authority to approve rents and development costs and
to execute a capital advance within 60 days of receipt of the
commitment from the State or local agency. The Secretary shall
provide to such agency and the project sponsor, in writing, the
reasons for any reduction in capital advance amounts or project
rental assistance and such reductions shall be subject to
appeal.''.
(d) Leveraging Other Resources.--Paragraph (1) of section 811(g)
(as so designated by subsection (c)(1) of this section) is amended by
inserting after subparagraph (E) (as so redesignated by subsection
(c)(2) of this section) the following new subparagraph:
``(F) the extent to which the per-unit cost of
units to be assisted under this section will be
supplemented with resources from other public and
private sources;''.
(e) Tenant Protections and Eligibility for Occupancy.--Section 811
is amended by striking subsection (i) and inserting the following new
subsection:
``(i) Admission and Occupancy.--
``(1) Tenant selection.--
``(A) Procedures.--An owner shall adopt written
tenant selection procedures that are satisfactory to
the Secretary as (i) consistent with the purpose of
improving housing opportunities for very low-income
persons with disabilities; and (ii) reasonably related
to program eligibility and an applicant's ability to
perform the obligations of the lease. Owners shall
promptly notify in writing any rejected applicant of
the grounds for any rejection.
``(B) Requirement for occupancy.--Occupancy in
dwelling units provided assistance under this section
shall be available only to persons with disabilities
and households that include at least one person with a
disability.
``(C) Availability.--Except only as provided in
subparagraph (D), occupancy in dwelling units in
housing provided with assistance under this section
shall be available to all persons with disabilities
eligible for such occupancy without regard to the
particular disability involved.
``(D) Limitation on occupancy.--Notwithstanding any
other provision of law, the owner of housing developed
under this section may, with the approval of the
Secretary, limit occupancy within the housing to
persons with disabilities who can benefit from the
supportive services offered in connection with the
housing.
``(2) Tenant protections.--
``(A) Lease.--The lease between a tenant and an
owner of housing assisted under this section shall be
for not less than one year, and shall contain such
terms and conditions as the Secretary shall determine
to be appropriate.
``(B) Termination of tenancy.--An owner may not
terminate the tenancy or refuse to renew the lease of a
tenant of a rental dwelling unit assisted under this
section except--
``(i) for serious or repeated violation of
the terms and conditions of the lease, for
violation of applicable Federal, State, or
local law, or for other good cause; and
``(ii) by providing the tenant, not less
than 30 days before such termination or refusal
to renew, with written notice specifying the
grounds for such action.
``(C) Voluntary participation in services.--A
supportive service plan for housing assisted under this
section shall permit each resident to take
responsibility for choosing and acquiring their own
services, to receive any supportive services made
available directly or indirectly by the owner of such
housing, or to not receive any supportive services.''.
(f) Development Cost Limitations.--Subsection (h) of section 811 is
amended--
(1) in paragraph (1)--
(A) by striking the paragraph heading and inserting
``Group homes'';
(B) in the first sentence, by striking ``various
types and sizes'' and inserting ``group homes'';
(C) by striking subparagraph (E); and
(D) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively;
(2) in paragraph (3), by inserting ``established pursuant
to paragraph (1)'' after ``cost limitation''; and
(3) by adding at the end the following new paragraph:
``(6) Applicability of home program cost limitations.--
``(A) In general.--The provisions of section 212(e)
of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12742(e)) and the cost limits
established by the Secretary pursuant to such section
with respect to the amount of funds under subtitle A of
title II of such Act that may be invested on a per unit
basis, shall apply to supportive housing assisted with
a capital advance under subsection (d)(1) and the
amount of funds under such subsection that may be
invested on a per unit basis.
``(B) Waivers.--The Secretary may provide for
waiver of the cost limits applicable pursuant to
subparagraph (A)--
``(i) in the cases in which the cost limits
established pursuant to section 212(e) of the
Cranston-Gonzalez National Affordable Housing
Act may be waived; and
``(ii) to provide for--
``(I) the cost of special design
features to make the housing accessible
to persons with disabilities;
``(II) the cost of special design
features necessary to make individual
dwelling units meet the special needs
of persons with disabilities; and
``(III) the cost of providing the
housing in a location that is
accessible to public transportation and
community organizations that provide
supportive services to persons with
disabilities.''.
(g) Congressional Notification of Waiver.--Section 811(k) is
amended--
(1) in paragraph (1), by adding the following after the
second sentence: ``Not later than the date of the exercise of
any waiver permitted under the previous sentence, the Secretary
shall notify the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives of the waiver or the intention
to exercise the waiver, together with a detailed explanation of
the reason for the waiver.''; and
(2) in paragraph (4)--
(A) by striking ``prescribe, subject to the
limitation under subsection (h)(6) of this section)''
and inserting ``prescribe)''; and
(B) by adding the following after the first
sentence: ``Not later than the date that the Secretary
prescribes a limit exceeding the 24 person limit in the
previous sentence, the Secretary shall notify the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the
House of Representatives of the limit or the intention
to prescribe a limit in excess of 24 persons, together
with a detailed explanation of the reason for the new
limit.''.
(h) Minimum Allocation for Multifamily Projects.--Paragraph (1) of
section 811(l) is amended to read as follows:
``(1) Minimum allocation for multifamily projects.--The
Secretary shall establish a minimum percentage of the amount
made available for each fiscal year for capital advances under
subsection (d)(1) that shall be used for multifamily projects
subject to subsection (e)(4).''.
SEC. 4. PROJECT RENTAL ASSISTANCE.
Section 811(b) is amended--
(1) in the matter preceding paragraph (1), by striking ``is
authorized--'' and inserting ``is authorized to take the
following actions:'';
(2) in paragraph (1)--
(A) by striking ``(1) to provide tenant-based'' and
inserting ``(1) Tenant-based assistance.--To provide
tenant-based''; and
(B) by striking ``; and'' and inserting a period;
(3) in paragraph (2), by striking ``(2) to provide
assistance'' and inserting ``(2) Capital advances.--To provide
assistance''; and
(4) by adding at the end the following:
``(3) Project rental assistance.--
``(A) In general.--To offer additional methods of
financing supportive housing for non-elderly adults
with disabilities, the Secretary shall make funds
available for project rental assistance pursuant to
subparagraph (B) for eligible projects under
subparagraph (C). The Secretary shall provide for State
housing finance agencies and other appropriate entities
to apply to the Secretary for such project rental
assistance funds, which shall be made available by such
agencies and entities for dwelling units in eligible
projects based upon criteria established by the
Secretary. The Secretary may not require any State
housing finance agency or other entity applying for
such project rental assistance funds to identify in
such application the eligible projects for which such
funds will be used, and shall allow such agencies and
applicants to subsequently identify such eligible
projects pursuant to the making of commitments
described in subparagraph (C)(ii).
``(B) Contract terms.--
``(i) Contract terms.--Project rental
assistance under this paragraph shall be
provided--
``(I) in accordance with subsection
(d)(2); and
``(II) under a contract having an
initial term of not less than 180
months that provides funding for a term
60 months, which funding shall be
renewed upon expiration, subject to the
availability of sufficient amounts in
appropriation Acts.
``(ii) Limitation on units assisted.--Of
the total number of dwelling units in any
multifamily housing project containing any unit
for which project rental assistance under this
paragraph is provided, the aggregate number
that are provided such project rental
assistance, that are used for supportive
housing for persons with disabilities, or to
which any occupancy preference for persons with
disabilities applies, may not exceed 25 percent
of such total.
``(iii) Prohibition of capital advances.--
The Secretary may not provide a capital advance
under subsection (d)(1) for any project for
which assistance is provided under this
paragraph.
``(iv) Eligible population.--Project rental
assistance under this paragraph may be provided
only for dwelling units for extremely low-
income persons with disabilities and extremely
low-income households that include at least one
person with a disability.
``(C) Eligible projects.--An eligible project under
this subparagraph is a new or existing multifamily
housing project for which--
``(i) the development costs are paid with
resources from other public or private sources;
and
``(ii) a commitment has been made--
``(I) by the applicable State
agency responsible for allocation of
low-income housing tax credits under
section 42 of the Internal Revenue Code
of 1986, for an allocation of such
credits;
``(II) by the applicable
participating jurisdiction that
receives assistance under the HOME
Investment Partnership Act, for
assistance from such jurisdiction; or
``(III) by any Federal agency or
any State or local government, for
funding for the project from funds from
any other sources.
``(D) State agency involvement.--Assistance under
this paragraph may be provided only for projects for
which the applicable State agency responsible for
health and human services programs, and the applicable
State agency designated to administer or supervise the
administration of the State plan for medical assistance
under title XIX of the Social Security Act, have
entered into such agreements as the Secretary considers
appropriate--
``(i) to identify the target populations to
be served by the project;
``(ii) to set forth methods for outreach
and referral; and
``(iii) to make available appropriate
services for tenants of the project.
``(E) Use requirements.--In the case of any project
for which project rental assistance is provided under
this paragraph, the dwelling units assisted pursuant to
subparagraph (B) shall be operated for not less than 30
years as supportive housing for persons with
disabilities, in accordance with the application for
the project approved by the Secretary, and such
dwelling units shall, during such period, be made
available for occupancy only by persons and households
described in subparagraph (B)(iv).
``(F) Report.--Not later than 3 years after the
date of the enactment of this paragraph, and again 2
years thereafter, the Secretary shall submit to
Congress a report--
``(i) describing the assistance provided
under this paragraph;
``(ii) analyzing the effectiveness of such
assistance, including the effectiveness of such
assistance compared to the assistance program
for capital advances set forth under subsection
(d)(1) (as in effect pursuant to the amendments
made by such Act); and
``(iii) making recommendations regarding
future models for assistance under this
section.''.
SEC. 5. TECHNICAL CORRECTIONS.
Section 811 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2)--
(i) by striking ``provides'' and inserting
``makes available''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) promotes and facilitates community integration for
people with significant and long-term disabilities.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``special'' and
inserting ``housing and community-based services''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) make available voluntary supportive services
that address the individual needs of persons with
disabilities occupying such housing;''; and
(ii) in subparagraph (B), by striking the
comma and inserting a semicolon;
(3) in subsection (d)(1), by striking ``provided under''
and all that follows through ``shall bear'' and inserting
``provided pursuant to subsection (b)(1) shall bear'';
(4) in subsection (f)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking
``receive'' and inserting ``be offered'';
(ii) by striking subparagraph (C) and
inserting the following:
``(C) evidence of the applicant's experience in--
``(i) providing such supportive services;
or
``(ii) creating and managing structured
partnerships with service providers for the
delivery of appropriate community-based
services;'';
(iii) in subparagraph (D), by striking
``such persons'' and all that follows through
``provision of such services'' and inserting
``tenants''; and
(iv) in subparagraph (E), by inserting
``other Federal, and'' before ``State''; and
(B) in paragraph (4), by striking ``special'' and
inserting ``housing and community-based services'';
(5) in subsection (g), in paragraph (1) (as so redesignated
by section 3(c)(1) of this Act)--
(A) in subparagraph (D) (as so redesignated by
section 3(c)(2) of this Act), by striking ``the
necessary supportive services will be provided'' and
inserting ``appropriate supportive services will be
made available''; and
(B) by striking subparagraph (E) (as so
redesignated by section 3(c)(2) of this Act) and
inserting the following:
``(E) the extent to which the location and design
of the proposed project will facilitate the provision
of community-based supportive services and address
other basic needs of persons with disabilities,
including access to appropriate and accessible
transportation, access to community services agencies,
public facilities, and shopping;'';
(6) in subsection (j)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively;
(7) in subsection (k)--
(A) in paragraph (1), by inserting before the
period at the end of the first sentence the following:
``, which provides a separate bedroom for each tenant
of the residence'';
(B) in paragraph (2), by striking the first
sentence, and inserting the following: ``The term
`person with disabilities' means a household composed
of one or more persons who is 18 years of age or older
and less than 62 years of age, and who has a
disability.'';
(C) by striking paragraph (3) and inserting the
following new paragraph:
``(3) The term `supportive housing for persons with
disabilities' means dwelling units that--
``(A) are designed to meet the permanent housing
needs of very low-income persons with disabilities; and
``(B) are located in housing that make available
supportive services that address the individual health,
mental health, or other needs of such persons.'';
(D) in paragraph (5), by striking ``a project
for''; and
(E) in paragraph (6)--
(i) by inserting after and below
subparagraph (D) the matter to be inserted by
the amendment made by section 841 of the
American Homeownership and Economic Opportunity
Act of 2000 (Public Law 106-569; 114 Stat.
3022); and
(ii) in the matter inserted by the
amendment made by subparagraph (A) of this
paragraph, by striking ``wholly owned and'';
and
(8) in subsection (l)--
(A) in paragraph (2), by striking ``subsection
(c)(1)'' and inserting ``subsection (d)(1)''; and
(B) in paragraph (3), by striking ``subsection
(c)(2)'' and inserting ``subsection (d)(2)''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Subsection (m) of section 811 is amended to read as follows:
``(m) Authorization of Appropriations.--There are authorized to be
appropriated for providing assistance pursuant to this section
$300,000,000 for each of fiscal years 2011 through 2015.''.
SEC. 7. GAO STUDY.
The Comptroller General of the United States shall conduct a study
of the supportive housing for persons with disabilities program under
section 811 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013) to determine the adequacy and effectiveness of such
program in assisting households of persons with disabilities. Such
study shall determine--
(1) the total number of households assisted under such
program;
(2) the extent to which households assisted under other
programs of the Department of Housing and Urban Development
that provide rental assistance or rental housing would be
eligible to receive assistance under such section 811 program;
and
(3) the extent to which households described in paragraph
(2) who are eligible for, but not receiving, assistance under
such section 811 program are receiving supportive services
from, or assisted by, the Department of Housing and Urban
Development other than through the section 811 program
(including under the Resident Opportunity and Self-Sufficiency
program) or from other sources.
Upon the completion of the study required under this section, the
Comptroller General shall submit a report to the Congress setting forth
the findings and conclusions of the study.
Passed the Senate December 17, 2010.
Attest:
Secretary.
111th CONGRESS
2d Session
S. 1481
_______________________________________________________________________
AN ACT
To amend section 811 of the Cranston-Gonzalez National Affordable
Housing Act to improve the program under such section for supportive
housing for persons with disabilities.