Housing and Community Development Act of 1980

Summary

Housing and Community Development Act of 1980 - Title I: Community and Neighborhood Development and Conservation - Amends the Housing and Community Development Act of 1974 to define, for the purposes of such Act the following: (1) energy conservation; (2) conservation program; (3) renewable resource; (4) State energy plan; (5) State energy program; and (6) areawide planning organization. Specifies that under such Act, for fiscal years 1981, 1982, and 1983, no data derived from the 1980 Decennial Census, except those relating to population and poverty, shall be taken into account for purposes of the allocation of funds to metropolitan areas. Prohibits, for fiscal years 1981, 1982, and 1983, any revision of the criteria for establishing a metropolitan area or defining a central city of such an area published after January 1, 1980, from being taken into account for purposes of this title, except in the case of any area or city which would newly qualify as a metropolitan area or a central city of such an area. Specifies that, with respect to grants for State, tribal, and local community development programs, beginning in fiscal year 1982, the population of any unit of general local government which is included in that of an urban county shall be included in the population of such urban county for three program years beginning with the program year in which its population was first so included. Requires any county seeking qualification as an urban county, including any urban county seeking to continue such qualification, to notify each unit of general local government, which is included therein and is eligible to elect to have its population excluded from that of an urban county, of its opportunity to make such an election. Authorizes the appropriation of funds for the purpose of making grants to States and units of local government to help finance community development programs for fiscal years 1981 through 1983. Authorizes funds for fiscal years 1981 through 1983 for the purpose of assisting severely distressed cities that require supplemental grant assistance in order to alleviate excessive deterioration through neighborhood reclamation and community revitalization. Requires an applicant for a grant under the community development program to take into account the effect of such activities on the involuntary displacement of low- and moderate-income persons and to consider appropriate environmental factors. Requires an applicant for a grant under the community development program, where the program to be funded by the applicant includes more than one economic development project, to certify that that portion of the application which will be for economic development must principally benefit low- and moderate-income persons. Limits amounts of appropriated funds which may be used to aid metropolitan cities, urban counties, and other units of local government within metropolitan areas to meet their basic grant needs. Eliminates hold-harmless entitlements. Amends the Housing Act of 1964 to extend the rehabilitation loan program under such Act to include congregate housing and single-room occupancy housing, and to authorize appropriations through fiscal year 1983 for community and neighborhood development and conservation programs. Authorizes appropriations, through fiscal year 1981, for the neighborhood self-help development programs under the Housing and Community Development Amendments of 1978. Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to reimburse the Veterans Administration for properties transferred to urban homesteading programs. Specifies that cities and urban counties must submit a block grant application to be eligible for urban development action grants. Makes Indian tribes eligible for the grant funds available to small cities. Sets forth the criteria by which an Indian tribe could be considered as an eligible applicant for such grants. Amends the Housing and Community Development Act of 1974 to authorize appropriations through fiscal year 1982, from the Solar and Conservation Reserve, for the Community Energy Block Grant program as established by this Act. Authorizes the Secretary to make energy conservation block grants in order to encourage units of general local government to adopt and implement community plans and programs designed to achieve significant energy savings. Requires applicants for such grants to submit a comprehensive three-year community energy conservation strategy for meeting energy needs and objectives. Prohibits the Secretary from approving an application if: (1) the Secretary of Energy makes a negative finding on technical aspects of the application, or finds that the strategy is not consistent with the State energy plan; (2) the activities proposed are inconsistent with the community's energy needs and objectives; or (3) the applicant is incapable of effectively carrying out its community energy strategy. Specifies that an application for such a grant shall be deemed approved upon the expiration of 75 days after receipt unless, on the findings of the Secretary or the Secretary of Energy, the Secretary informs the applicant of specific reasons for disapproval. Requires each grantee to submit an annual performance report on the activities carried out pursuant to such grant. Requires the Secretary, at least on an annual basis, to make such reviews and audits as may be necessary or appropriate to determine whether the grantee has carried out a program substantially as described in its application. Allows the Secretary to make appropriate adjustments in the amount of the annual grants in accordance with the Secretary's findings based upon a performance report submitted by a grantee, or in accordance with any other reviews or audits made by the Secretary. Requires 80 percent of the funds approved in an appropriations Act for community energy block grants in any year to be allocated by the Secretary to metropolitan areas, of which, ten percent shall be set aside for metropolitan small cities. Transfers from the Office of Management and Budget, to the Department of Commerce, the responsibility for establishing and defining standard metropolitan statistical areas and their components, and for providing criteria with respect to poverty levels. Eliminates the special consideration given small hold-harmless communities with comprehensive community development programs in the program of multi-year funding for small cities with such programs. Title II: Housing Assistance Programs - Amends the United States Housing Act of 1937 to authorize the Secretary of Housing and Urban Development to enter into contracts for annual contributions under such Act for low-income housing projects in fiscal years 1980 and 1981. Authorizes the Secretary to provide annual contributions in the form of interest reduction payments pursuant to contracts with owners or prospective owners of new or substantially rehabilitated rental housing projects involving five or more dwelling units. Specifies that the Secretary may enter into such a contract only if at least 20 percent, but not more than 25 percent, of the dwelling units in such project will be set aside for occupancy by low-income families. Directs that any such payments shall be made on behalf of the owner directly to a mortgagee. Sets forth the criteria for determining the amount of the annual payment. Specifies that the initial rent schedule and any increase in rents during the period when interest reduction payments are made must be approved by the Secretary. Requires the Secretary to respond to a properly documented request for a rent increase within 30 days of receipt of such request. Specifies that during the period when interest reduction payments are being made with respect to a project assisted under this Act; (1) the mortgage may not be prepaid or refinanced; and (2) no sale or other disposition of such project may be made, without prior approval of the Secretary. Prohibits such a project, for a period of 20 years following the initial occupancy, from being converted to a use other than rental housing unless the Secretary determines that preservation of such project as rental housing is not desirable. Authorizes appropriations for public housing operating subsidies for fiscal year 1981. Authorizes appropriations for fiscal year 1981 for operating assistance for troubled multifamily housing projects under the Housing and Community Development Amendments of 1978. Amends the National Housing Act to direct the Secretary to utilize amounts credited to the rental housing assistance fund for the sole purpose of carrying out assistance for troubled multifamily housing projects through September 30, 1981. Increases the allowable maximum amount for mortgage assistance payments under the National Housing Act. Allows the Secretary, under the mortgage insurance program, to insure a mortgage involving a principal obligation which exceeds, by not more than ten percent, the maximum limits, if such mortgage relates to a dwelling to be occupied by a physically handicapped person. Amends the Housing and Community Development Amendments of 1978 to require a public housing agency or nonprofit corporation applying for assistance to provide congregate services: (1) to elderly residents to consult with the Area Agency on Aging; and (2) to nonelderly handicapped residents to consult with the appropriate agency. Makes housing assisted under the United States Housing Act of 1937 eligible for congregate services funding if such housing is: (1) occupied solely by handicapped persons; (2) owned and operated by a nonprofit sponsor; and (3) designed to provide congregate services. Requires the Secretary, not later than March 31, 1981, to submit a comprehensive feasibility study of a housing assistance block grant program as an alternative to the fiscal year 1982 budget for categorical housing assistance programs. Title III: Program Amendments and Extensions - Extends through September 30, 1981, the authority of the Secretary of Housing and Urban Development (HUD) to insure mortgages or loans under certain HUD mortgage or loan insurance programs under the National Housing Act and to set interest rates for insured mortgage loans. Extends until October 1, 1981, the authority of the Government National Mortgage Association to enter into new commitments to purchase mortgages under the interim mortgage purchase authority of the National Housing Act, as amended by the Emergency Home Purchase Assistance Act of 1974. Extends through fiscal year 1981 the authority of the Secretary to set interest rates on FHA-insured mortgage loans above the statutory maximum in order to meet market conditions. Authorizes appropriations for research and demonstration housing projects under the Housing and Urban Development Act of 1970 through fiscal year 1981. Amends the National Housing Act to authorize appropriations to cover losses sustained by the General Insurance Fund. Allows the President to authorize the Government National Mortgage Association to make payments to financial institutions for the purpose of subsidizing below market rate loans which are secured under the National Housing Act covering properties consisting of five or more dwelling units. Authorizes appropriations for such payments for fiscal year 1981. Increases, by up to 20 percent, the amounts which may be insured under the National Housing Act for multifamily and institutional projects if such increase is necessary to account for the increased cost of the project due to the installation of a solar energy system or residential energy conservation measures. Amends the National Housing Act to authorize the Secretary, in collecting or compromising claims or obligations under the mortgage insurance program, to contract with private business concerns or agencies for payment for services rendered by such concerns or agencies in assisting the Secretary in making such collection or compromise. Requires a mortgage, in order to be eligible for mortgage insurance under the National Housing Act, to have a period of not less than ten years to run beyond the maturity date of the mortgage. Makes mortgaged property located where concentrated housing, physical development, and public service activities are being or will be carried out in a coordinated manner, pursuant to a locally developed strategy for neighborhood improvement, conservation, or preservation, eligible for rehabilitation and neighborhood conservation housing insurance under the National Housing Act. Amends the National Housing Act to increase the mortgage limits for single family housing. Eliminates the requirement that a mortgage insured under the National Housing Act have a maturity exceeding three-quarters of the Secretary's estimate of the remaining economic life of the building improvements. Amends the Housing and Urban Development Act of 1968 to eliminate the requirement that lower income persons must reside in the area of a project in order to be given priority for training and employment in connection with such project's receiving direct financial assistance under such Act. Eliminates the requirement that contracts for work to be performed in connection with any such HUD assisted project be awarded to business concerns which are located in or owned by persons residing in the area of such project. Requires contracts for such projects to be awarded, to the greatest extent feasible, to socially and economically disadvantaged individuals or to firms owned and controlled by such individuals. Declares that the land transferred by the city of Springfield, Illinois, to the United States Department of the Interior for the Lincoln Home National Historic Site shall be deemed to have been made in accordance with the provisions of the Housing Act of 1961 and any other law and with any regulations or other requirements in implementation thereof. Amends the Energy Conservation and Production Act to transfer to the Secretary of Energy the authority of the Secretary of Housing and Urban Development to implement energy performance standards for new residential and commercial buildings. Extends until August 1, 1982, the deadline for the implementation of the Building Energy Performance Standards. Amends the Housing Act of 1959 to permit nonprofit sponsors of housing for nonelderly handicapped to use loans under such Act for the acquisition of existing housing and the rehabilitation, alteration, conversion, or improvement of such housing to meet the needs of handicapped (primarily nonelderly) persons. Amends the Home Mortgage Disclosure Act of 1975 to transfer the responsibility of designating a standard metropolitan statistical area from the Office of Management and Budget to the Department of Commerce. Eliminates the use of the ZIP code as information required to be maintained and made available to the public by each depository institution which has a home office or branch office located within a standard metropolitan statistical area. Specifies that data required to be disclosed by any depository institution under such Act for 1980 and thereafter shall be disclosed for each calendar year. Requires the Board of Governors of the Federal Reserve System to prescribe a standard format for such disclosures. Requires the Board, the Federal Home Loan Bank Board, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the National Credit Union Administration Board, in consultation with the Secretary of Housing and Urban Development, to conduct a study to assess the feasibility of arranging for a central depository of data in each standard metropolitan statistical area where disclosure statements would be available to the public for inspection and copying. Repeals the requirement that the authority granted by such Act shall expire four years after its effective date. Requires the Federal Financial Institutions Examination Council, beginning with data for calendar year 1980, to compile each year, for each standard metropolitan statistical area, aggregate data by census tract for all depository institutions which are required to disclose data. Requires the Council also to produce tables indicating, for each such area, aggregate lending patterns for various categories of census tracts grouped according to location, age of housing stock, income level, and racial characteristics. Requires the Secretary of Housing and Urban Development, beginning with data for calendar year 1980, to make publicly available data in the Secretary's possession for each mortgagee which is not otherwise required to disclose data, with respect to mortgage loans approved by the Secretary for insurance under the National Housing Act. Requires the Secretary to compile and make publicly available aggregate data for such mortgagees by census tract, and tables indicating aggregate lending patterns. Requires the Federal Financial Institutions Examination Council, in consultation with the Administrator of the Small Business Administration, to conduct a study to assess the feasibility and usefulness of requiring depository institutions which make small business loans to compile and publicly disclose information regarding such loans. Requires the Council to report to Congress on the feasibility and desirability of establishing a unified system for enforcing fair lending laws and regulations, implementing the Community Reinvestment Act of 1977, and satisfying the public disclosure purposes of the Home Mortgage Disclosure Act of 1975. Amends the Housing and Community Development Act of 1978 to direct the Secretary of Housing and Urban Development, in managing and disposing of multifamily housing projects which are owned in a manner consistent with the National Housing Act, to maintain, to the maximum extent feasible and appropriate, the rental character of multifamily rental housing projects. Directs the Secretary, in disposing of a multifamily housing project on a negotiated, competitive bid, or other basis, to consider the number of units in the project occupied by low- and moderate-income persons. Directs the Secretary, in disposing of any multifamily rental housing project, to require that the project remain rental in character for a period of at least 20 years from the date of disposition, except in specified cases. Redefines the term 'multifamily rental housing project' for the purposes of such Act. Amends the Neighborhood Reinvestment Corporation Act to change the name of the National Neighborhood Reinvestment Corporation to the Neighborhood Reinvestment Corporation. Authorizes appropriations for the neighborhood reinvestment program through fiscal year 1981. Amends the National Housing Act to authorize the Federal National Mortgage Association to purchase loans secured by stock in a cooperative housing corporation. Sets limitations governing the maximum principal obligation of conventional mortgages purchased by the Association. Authorizes the Association, with the approval of the Secretary of Housing and Urban Development, to purchase, service, sell, lend on the security of, and otherwise deal in loans or advances of credit for improvements to properties. Directs the Secretary, when the Association submits its proposal to implement such authority to purchase conventional home improvement loans, to respond with comments within 90 days. Amends the Federal Home Loan Mortgage Corporation Act to establish limitations governing the maximum principal obligation of conventional mortgages purchased by the Federal Home Loan Mortgage Corporation. Authorizes the Secretary to make available an amount not to exceed $30,000,000 of purchase authority to reduce interest rates on existing low- and moderate-income rental housing which otherwise could not support refinancing and moderate rehabilitation without causing excessive rent burdens on current tenants due to rent increases. Extends allowances for rent increases to offset maintenance of reasonable profit levels. Specifies that any multifamily housing project purchased or refinanced with a mortgage insured under the National Housing Act which, because of the mortgage amount, does not qualify for the Government National Mortgage Association Mortgage-Backed Securities Program, is eligible for a cash payout in the case of default. Requires all such insured properties to remain as rental properties for 20 years unless the Secretary finds that: (1) the conversion of the property to a cooperative or condominium form of ownership is sponsored by a bona fide tenants' organization; (2) continuance of the property as rental housing is clearly unnecessary to assure adequate rental housing for low- and moderate-income people; or (3) continuance of the property as rental housing would have an undesirable and deleterious effect on the surrounding neighborhood. Amends the Housing Act of 1954 to require the Secretary of Housing and Urban Development to include in the annual report a description of the status of the existing rental housing stock. Amends the National Housing Act to increase loan insurance limits for manufactured homes, manufactured home lots, and manufactured home and lot combinations. Allows the Secretary of Housing and Urban Development to increase such loan insurance limits in high cost areas. Amends the United States Housing Act, the Housing and Community Development Act of 1974, and the National Housing Act to change the term "mobile home" to "manufactured home." Revises the definition of such term to mean a structure, transportable in one or more sections, which is more than eight body feet in width, is more than 40 body feet in length in the traveling mode, or contains 400 or more square feet in interior space when erected on site. Requires the Secretary to develop a procedure for collecting and regularly reporting data on the mean and median sales price for new manufactured homes. Permits the Secretary to modify the 40 percent limit on the number of units in a subdivision which may receive mortgage assistance payments under the National Housing Act in order to encourage the production of safe and affordable housing. Eliminates specified conditions on Government National Mortgage Association purchases of multifamily mortgages. Amends the Depository Institutions Deregulation and Monetary Control Act of 1980 to specify that a loan made under such Act shall be deemed to be made during the required time period if such loan: (1) is funded or made in whole or in part during such period; (2) was made prior to or on April 1, 1980, and bears or provides for interest during such period on the outstanding amount thereof at a variable or fluctuating rate; or (3) is a renewal, extension, or other modification during such period of any loan, if such renewal, extension, or other modification is made with the written consent of any person obligated to repay such loan and is of an original principal amount of $25,000 or more. Allows an individual homeowner who has occupied or is occupying such home as a principal residence to finance the sale of such home at an interest rate that may be higher than that allowed by a State usury law. Title IV: Planning Assistance - Declares that the following are national policy objectives with respect to housing under the Housing Act of 1954: (1) the conservation and improvement of existing communities; (2) an increase in housing and employment opportunities and choices; and (3) the promotion of orderly and efficient growth and development of communities, regions, and States, taking into consideration the necessity of conserving energy. Declares that it is the purpose of this title to help achieve these objectives by: (1) encouraging the joint efforts of State and local governments and areawide planning organizations in developing State and areawide strategies; and (2) assuring that strategies developed pursuant to this section will lead to implementation activities by States, areawide planning organizations, and local governments. Authorizes the Secretary of Housing and Urban Development to make grants approved in accordance with the provisions set forth in this section to: (1) States, for statewide activities; (2) States, for the provision of assistance to metropolitan areawide planning organizations, nonmetropolitan areawide planning organizations, units of general local government, counties other than urban counties, and any group of adjacent units of general local government having a total population of less than $50,000; (3) metropolitan areawide planning organizations; (4) the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands; and (5) Indian tribes. Specifies that such grants shall not exceed two-thirds of the estimated cost of the work for which the grant is made. Requires applications for such grants to set forth a strategy statement which identifies policies and programs over at least a three-year period which address the major issues and problems of the applicant's jurisdiction. Requires the Secretary to establish, by regulation, criteria for the evaluation and approval of strategy statements and applications for grants and for the awarding of such grants. Requires each State and other entity receiving assistance directly from the Secretary for actions or activities being carried out to submit to the Secretary, each year, a performance report concerning such actions and activities. Requires the Secretary, on an annual basis, to make such reviews and audits as may be necessary or appropriate to determine whether a recipient of funds has carried out activities substantially as described in its application. Title V: Condominium and Cooperative Conversion Protection and Abuse Relief - Condominium and Cooperative Conversion Protection and Abuse Relief Act of 1980 - Specifies that it is the purpose of this title to provide minimum rights and disclosure of information to the tenants of rental properties undergoing conversion to condominium or cooperative projects and to correct and prevent abusive use of long-term leasing of recreation and other cooperative- and condominium-related facilities. Sets forth exemptions to the provisions of this title. Prohibits any developer or agent in selling or offering to sell to a tenant any condominium or cooperative unit in any conversion project from engaging in certain fraudulent activities. Requires the developer of a conversion project to extend to its tenants one year warranties on any repairs or rehabilitation of units or common elements. Requires such developer to notify tenants of an intent to convert no later than 120 days prior to the date they will be required to vacate, and to offer to sell such unit to the tenant who leases or occupies it for 90 days after providing such notice. Requires the developer in the case of a conversion project to provide the tenants of such project, not later than six weeks after delivery or mailing of the notice of intent to convert, specified information provided by an independent engineer or architect. Specifies that this section shall not apply to: (1) a conversion project to which the developer has acquired legal title prior to the effective date of this title; or (2) a condominium or cooperative unit restricted to commercial or industrial purposes. Allows any contract which is entered into after the effective date of this title to be terminated without penalty by such unit owners or such association if such contract meets specified conditions. Allows cooperative and condominium unit owners to bring an action seeking a judicial determination that lease provisions are unconscionable if each lease contains specified characteristics. Declares that a developer or agent subject to this title may be sued at law or in equity by any person aggrieved by a violation of this title. Specifies that any condition, stipulation, or provision binding any person to waive compliance with any provisions of this title shall be void. Authorizes the Secretary of Housing and Urban Development to undertake research, education, and technical assistance activities designed to assist tenants and consumers in the purchase and management of condominium and cooperative units.

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5 official files

• Public Law (PDF)

  Public Law · EN · 9 October 1980

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• Conference report filed in House

  summary · EN · 26 September 1980

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• Passed House amended

  summary · EN · 22 August 1980

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• Passed Senate amended

  summary · EN · 21 June 1980

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• Introduced in Senate

  summary · EN · 15 May 1980

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