Realty Times July 12, 2002

House Committee Clears Major Housing Bill
by Lew Sichelman

Taking the first major step in the lengthy legislative process, the House Financial Services Committee has cleared an omnibus housing bill that proponents say will increase the availability of affordable housing and expand ownership opportunities throughout the land.

The Housing Affordability for America Act (H.R. 3995), introduced by Housing Subcommittee Chair Marge Roukema, R- N.J., and Vice Chair Mark Green, R-Wisc., was approved by voice vote. The measure now goes before the full House.

"Home ownership is more than just an equity investment; it's an investment in our local neighborhoods," said Committee Chairman Michael Oxley, R-Ohio, one of the bill's numerous co-sponsors. "Having your very own piece of that social fabric is an opportunity that every American deserves."

Rep. Roukema said the bill is designed to tear down barriers to home ownership. "More and more American families are forced to spend too much of their income on housing," said the 11-term legislator, who has announced her retirement from Congress.

"Far too many can't find decent affordable housing at all. Certain segments of the population -- like minorities, seniors and the disabled -- face especially high barriers to homeownership," she said.

There is no comparable bill in the Senate, but individual Senators have offered many of the House bill's provisos as separate legislation.

However, while the House bill has bi-partisan support, it could run into trouble as a result of a controversial amendment cleared by the Committee that requires Congress to appropriate matching grants to support state and local housing trust funds. The White House opposes the requirement and has threatened to withhold its support if the rider remains in the bill.

The "Christmas tree" bill is written to help to restore confidence and accountability to the nation's housing policies by reforming programs that are underused, duplicative or hindered by vague objectives. It also provides flexibility for local governments and programs so they can better serve the needs of their individual communities.

To help first-time low-income home buyers, who often struggle to accumulate the prerequisite downpayment and closing costs, the bill would establish an American Dream Downpayment Fund. A top initiative of the Bush Administration, the fund would help meet initial home buying costs, which are the largest obstacle to ownership.

Under this program, Uncle Sam would put up $3 for every $1 contributed by a bank or other private lending institution or individual towards a downpayment, closing costs or a so-called "soft" second mortgage that need not be paid back as long as the borrower meets certain conditions.

In addition, a downpayment assistance program would be established to help teachers, firefighters, police officers at all levels of government and other public safety officials purchase homes in the communities where they work. The legislation also authorizes the HUD Secretary to develop a three-year pilot program to assist law enforcement officials, including correctional officers, to purchase homes in designated "high crime" areas without a downpayment.

Furthermore, it would make permanent a simplified and cost-saving technique for calculating downpayments on FHA-insured mortgage. This would provide stability in the mortgage process by ensuring buyers are able to keep initial costs as low as possible. The authority for the current program is scheduled to expire Dec. 31.

It also would designate a single office under HUD to coordinate housing counseling efforts. Consulting and education services for renters, buyers and sellers are often said to be key to increasing homeownership and reaching out to populations facing increased obstacles to obtaining a mortgage.

As is usual during the formative legislative stages, lawmakers hung a number of their favorite riders onto the measure. Hence, the term "Christmas tree." These include:

  • An amendment offered by Chairman Oxley establishing a mandatory counseling requirement for HUD-insured loans in high-foreclosure neighborhoods. This would begin as a pilot program.

  • An amendment offered by another retiring solan, Rep. John LaFalce, D-N.Y., directing HUD to reinstate a program to clean up dilapidated foreclosed homes while the agency's foreclosure procedure is being reformed. Without such a program, the Congressman said, such properties would fall into the hands of speculators and absentee landlords.

  • An amendment by Rep. James A. Leach, R-Iowa, allowing HUD to issue grants to smaller communities that are generally unserved by public housing funds.

  • An amendment by Pennsylvania lawmakers Melissa Hart, R, and Paul Kanjorski, D, expressing the sense of Congress and encouraging HUD to provide incentives to home builders to offer 10-year warranties for newly constructed homes purchased under the National Housing Act.

  • An amendment offered by Reps. James Maloney, D-Conn., and Mike Rogers, R-Mich., preserving the availability of affordable housing for seniors for development projects that go into foreclosure, including giving preference to qualified non-profits to buy such projects. The amendment is in response to two recent cases where HUD terminated the requirement that apartments be rented to low-income seniors when they were sold at foreclosure.


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