| Home > 106th Congressional Bills > S. 1452 (es) To modernize the requirements under the National Manufactured Housing [Engrossed in Senate] ...
S. 1452 (es) To modernize the requirements under the National Manufactured Housing [Engrossed in Senate] ...
``(E) to-- ``(i) promote the development of private capital markets; and ``(ii) allow the markets referred to in clause (i) to operate and grow, thereby benefiting Native Hawaiian communities. ``(2) Eligible families.-- ``(A) In general.--Except as provided under subparagraph (B), assistance for eligible housing activities under this title shall be limited to low- income Native Hawaiian families. ``(B) Exception to low-income requirement.-- ``(i) In general.--The Director may provide assistance for homeownership activities under-- ``(I) section 810(b); ``(II) model activities under section 810(f); or ``(III) loan guarantee activities under section 184A of the Housing and Community Development Act of 1992 to Native Hawaiian families who are not low-income families, to the extent that the Secretary approves the activities under that section to address a need for housing for those families that cannot be reasonably met without that assistance. ``(ii) Limitations.--The Secretary shall establish limitations on the amount of assistance that may be provided under this title for activities for families that are not low-income families. ``(C) Other families.--Notwithstanding paragraph (1), the Director may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this title to a family that is not composed of Native Hawaiians if-- ``(i) the Department determines that the presence of the family in the housing involved is essential to the well-being of Native Hawaiian families; and ``(ii) the need for housing for the family cannot be reasonably met without the assistance. ``(D) Preference.-- ``(i) In general.--A housing plan submitted under section 803 may authorize a preference, for housing or housing assistance provided through affordable housing activities assisted with grant amounts provided under this title to be provided, to the extent practicable, to families that are eligible to reside on the Hawaiian Home Lands. ``(ii) Application.--In any case in which a housing plan provides for preference described in clause (i), the Director shall ensure that housing activities that are assisted with grant amounts under this title are subject to that preference. ``(E) Use of nonprofit organizations.--As a condition of receiving grant amounts under this title, the Department of Hawaiian Home Lands, shall to the extent practicable, provide for private nonprofit organizations experienced in the planning and development of affordable housing for Native Hawaiians to carry out affordable housing activities with those grant amounts. ``SEC. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES. ``(a) In General.--Affordable housing activities under this section are activities conducted in accordance with the requirements of section 811 to-- ``(1) develop or to support affordable housing for rental or homeownership; or ``(2) provide housing services with respect to affordable housing, through the activities described in subsection (b). ``(b) Activities.--The activities described in this subsection are the following: ``(1) Development.--The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include-- ``(A) real property acquisition; ``(B) site improvement; ``(C) the development of utilities and utility services; ``(D) conversion; ``(E) demolition; ``(F) financing; ``(G) administration and planning; and ``(H) other related activities. ``(2) Housing services.--The provision of housing-related services for affordable housing, including-- ``(A) housing counseling in connection with rental or homeownership assistance; ``(B) the establishment and support of resident organizations and resident management corporations; ``(C) energy auditing; ``(D) activities related to the provisions of self- sufficiency and other services; and ``(E) other services related to assisting owners, tenants, contractors, and other entities participating or seeking to participate in other housing activities assisted pursuant to this section. ``(3) Housing management services.--The provision of management services for affordable housing, including-- ``(A) the preparation of work specifications; ``(B) loan processing; ``(C) inspections; ``(D) tenant selection; ``(E) management of tenant-based rental assistance; and ``(F) management of affordable housing projects. ``(4) Crime prevention and safety activities.--The provision of safety, security, and law enforcement measures and activities appropriate to protect residents of affordable housing from crime. ``(5) Model activities.--Housing activities under model programs that are-- ``(A) designed to carry out the purposes of this title; and ``(B) specifically approved by the Secretary as appropriate for the purpose referred to in subparagraph (A). ``SEC. 811. PROGRAM REQUIREMENTS. ``(a) Rents.-- ``(1) Establishment.--Subject to paragraph (2), as a condition to receiving grant amounts under this title, the Director shall develop written policies governing rents and homebuyer payments charged for dwelling units assisted under this title, including methods by which such rents and homebuyer payments are determined. ``(2) Maximum rent.--In the case of any low-income family residing in a dwelling unit assisted with grant amounts under this title, the monthly rent or homebuyer payment (as applicable) for that dwelling unit may not exceed 30 percent of the monthly adjusted income of that family. ``(b) Maintenance and Efficient Operation.-- ``(1) In general.--The Director shall, using amounts of any grants received under this title, reserve and use for operating under section 810 such amounts as may be necessary to provide for the continued maintenance and efficient operation of such housing. ``(2) Disposal of certain housing.--This subsection may not be construed to prevent the Director, or any entity funded by the Department, from demolishing or disposing of housing, pursuant to regulations established by the Secretary. ``(c) Insurance Coverage.--As a condition to receiving grant amounts under this title, the Director shall require adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this title. ``(d) Eligibility for Admission.--As a condition to receiving grant amounts under this title, the Director shall develop written policies governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this title. ``(e) Management and Maintenance.--As a condition to receiving grant amounts under this title, the Director shall develop policies governing the management and maintenance of housing assisted with grant amounts under this title. ``SEC. 812. TYPES OF INVESTMENTS. ``(a) In General.--Subject to section 811 and an applicable housing plan approved under section 803, the Director shall have-- ``(1) the discretion to use grant amounts for affordable housing activities through the use of-- ``(A) equity investments; ``(B) interest-bearing loans or advances; ``(C) noninterest-bearing loans or advances; ``(D) interest subsidies; ``(E) the leveraging of private investments; or ``(F) any other form of assistance that the Secretary determines to be consistent with the purposes of this title; and ``(2) the right to establish the terms of assistance provided with funds referred to in paragraph (1). ``(b) Investments.--The Director may invest grant amounts for the purposes of carrying out affordable housing activities in investment securities and other obligations, as approved by the Secretary. ``SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TARGETING. ``(a) In General.--Housing shall qualify for affordable housing for purposes of this title only if-- ``(1) each dwelling unit in the housing-- ``(A) in the case of rental housing, is made available for occupancy only by a family that is a low- income family at the time of the initial occupancy of that family of that unit; and ``(B) in the case of housing for homeownership, is made available for purchase only by a family that is a low-income family at the time of purchase; and ``(2) each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for-- ``(A) the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership; or ``(B) such other period as the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this title, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if that action-- ``(i) recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would-- ``(I) avoid termination of low- income affordability, in the case of foreclosure; or ``(II) transfer ownership in lieu of foreclosure; and ``(ii) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary. ``(b) Exception.--Notwithstanding subsection (a), housing assisted pursuant to section 809(a)(2)(B) shall be considered affordable housing for purposes of this title. ``SEC. 814. LEASE REQUIREMENTS AND TENANT SELECTION. ``(a) Leases.--Except to the extent otherwise provided by or inconsistent with the laws of the State of Hawaii, in renting dwelling units in affordable housing assisted with grant amounts provided under this title, the Director, owner, or manager shall use leases that-- ``(1) do not contain unreasonable terms and conditions; ``(2) require the Director, owner, or manager to maintain the housing in compliance with applicable housing codes and quality standards; ``(3) require the Director, owner, or manager to give adequate written notice of termination of the lease, which shall be the period of time required under applicable State or local law; ``(4) specify that, with respect to any notice of eviction or termination, notwithstanding any State or local law, a resident shall be informed of the opportunity, before any hearing or trial, to examine any relevant documents, record, or regulations directly related to the eviction or termination; ``(5) require that the Director, owner, or manager may not terminate the tenancy, during the term of the lease, except for serious or repeated violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or for other good cause; and ``(6) provide that the Director, owner, or manager may terminate the tenancy of a resident for any activity, engaged in by the resident, any member of the household of the resident, or any guest or other person under the control of the resident, that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other residents or employees of the Department, owner, or manager; ``(B) threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or ``(C) is criminal activity (including drug-related criminal activity) on or off the premises. ``(b) Tenant or Homebuyer Selection.--As a condition to receiving grant amounts under this title, the Director shall adopt and use written tenant and homebuyer selection policies and criteria that-- ``(1) are consistent with the purpose of providing housing for low-income families; ``(2) are reasonably related to program eligibility and the ability of the applicant to perform the obligations of the lease; and ``(3) provide for-- ``(A) the selection of tenants and homebuyers from a written waiting list in accordance with the policies and goals set forth in an applicable housing plan approved under section 803; and ``(B) the prompt notification in writing of any rejected applicant of the grounds for that rejection. ``SEC. 815. REPAYMENT. ``If the Department of Hawaiian Home Lands uses grant amounts to provide affordable housing under activities under this title and, at any time during the useful life of the housing, the housing does not comply with the requirement under section 813(a)(2), the Secretary shall-- ``(1) reduce future grant payments on behalf of the Department by an amount equal to the grant amounts used for that housing (under the authority of section 819(a)(2)); or ``(2) require repayment to the Secretary of any amount equal to those grant amounts. ``SEC. 816. ANNUAL ALLOCATION. ``For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this title for the fiscal year, in accordance with the formula established pursuant to section 817 to the Department of Hawaiian Home Lands if the Department complies with the requirements under this title for a grant under this title. ``SEC. 817. ALLOCATION FORMULA. ``(a) Establishment.--The Secretary shall, by regulation issued not
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