Housing and Community Development Act of 1992/Title II

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==TITLE II — HOME INVESTMENT PARTNERSHIPS==

Sec. 201. Authorization of Appropriations.[edit]

Section 205 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12724) is amended to read as follows:


``SEC. 205. AUTHORIZATION.

``There are authorized to be appropriated to carry out this title $2,086,000,000 for fiscal year 1993, and $2,173,612,000 for fiscal year 1994, of which—
``(1) not more than $14,000,000 for fiscal year 1993, and $14,000,000 for fiscal year 1994, shall be for community housing partnership activities authorized under section 233; and
``(2) not more than $11,000,000 for fiscal year 1993, and $11,000,000 for fiscal year 1994, shall be for activities in support of State and local housing strategies authorized under subtitle C.´´.


Sec. 202. Home Program Thresholds.[edit]

(a) PARTICIPATING JURISDICTIONS.—
Section 216 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12746) is amended—
(1) in paragraph (3), by striking ``A jurisdiction´´ and inserting ``Except as provided in paragraph (10), a jurisdiction´´;
(2) in paragraph (9)(B), by inserting ``, except as provided in paragraph (10)´´ after ``in any 1 year´´; and
(3) by adding at the end the following:


``(10) THRESHOLD REDUCTION.— If the amount appropriated pursuant to section 205 for any fiscal year is less than $1,500,000,000, then this section shall be applied during that year—
``(A) by substituting ``$500,000´´ for ``$750,000´´ both places it appears in paragraph (3); and
``(B) by substituting ``$500,000´´, ``$410,000´´, and ``$335,000´´ for ``$750,000´´, ``$625,000´´, and ``$500,000´´, respectively, where they appear in paragraph (9).´´.


(b) SUPPLEMENTAL ALLOCATION.—
Section 217(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(b)) is amended—
(1) in paragraph (3), by inserting ``, except as provided in paragraph (4)´´ before the period at the end of the second sentence; and
(2) by adding at the end the following:


``(4) THRESHOLD REDUCTION.— If the amount appropriated pursuant to section 205 for any fiscal year is less than $1,500,000,000, then this section shall be applied during that year by substituting ``$335,000´´ for ``$500,000´´ where it appears in paragraph (3).´´.


(c) APPLICABILITY.—
Notwithstanding any other provision of law, the grant thresholds provided for in section 216, as amended by this section, and the grant thresholds provided for in section 217(b) of the Cranston-Gonzalez National Affordable Housing Act, as amended by this section, shall apply.

Sec. 203. Elimination of Restrictions on New Construction.[edit]

(a) ELIGIBLE USES OF INVESTMENT.—
Section 212(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)) is amended—
(1) in the last sentence of paragraph (2), by striking ``under paragraph (3) of this subsection or´´;
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) FORMULA ALLOCATION.—
Section 217(b)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(b)(1)) is amended—
(1) by striking subparagraph (A);
(2) in subparagraph (D), by striking ``Except as provided in subparagraph (A), the basic formula established under subparagraph (B)´´ and inserting ``The basic formula established under subparagraph (A)´´;
(3) in subparagraph (E), by striking ``formulas in subparagraph (B)´´ and inserting ``formula in subparagraph (A)´´;
(4) in subparagraph (F)—
(A) in the first sentence, by striking ``subparagraph (B)´´ and inserting ``subparagraph (A)´´; and
(B) by striking the second sentence;
(5) in subparagraph (G), by striking ``formulas in subparagraphs (A) and (B)´´ and inserting ``formula in subparagraph (A)´´; and
(6) by redesignating subparagraphs (B) through (G) (as amended by this paragraph) as subparagraphs (A) through (F), respectively.
(c) CONFORMING AMENDMENT.—
Section 218(g) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748(g)) is amended by striking ``Except as provided in section 217(b)(1)(A)(ii), if´´ and inserting ``If´´.

Sec. 204. Policies and Preference Rules; Use of Tenant-Based Rental Assistance Amounts for Security Deposits.[edit]

(a) POLICIES AND PREFERENCE RULES.—
Section 212(a)(3) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)(3)), as so redesignated by section 203(a)(3) of this Act, is amended by adding at the end the following:


``(E) SECURITY DEPOSIT ASSISTANCE.— A jurisdiction using funds provided under this subtitle for tenant-based rental assistance may use such funds to provide loans or grants to very low- and low-income families for security deposits for rental of dwelling units. Assistance under this subparagraph does not preclude assistance under any other provision of this paragraph.´´.


(b) SECURITY DEPOSITS.—
Section 212(a)(3)(A) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)(4)(A)), as so redesignated by section 203(a)(3) of this Act, is amended by striking clause (ii) and inserting the following:


``(ii) the tenant-based rental assistance is provided in accordance with written tenant selection policies and criteria that are consistent with the purposes of providing housing to very low- and low-income families and are reasonably related to preference rules established under section 6(c)(4)(A) of the Housing Act of 1937.´´.


Sec. 205. Use of Home Funds for Homeless Assistance.[edit]

Section 212(a)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)(1)) is amended by adding at the end the following: ``For the purpose of this subtitle, the term ``affordable housing´´ includes permanent housing for disabled homeless persons, transitional housing, and single room occupancy housing.´´.

Sec. 206. Per Unit Cost Limits.[edit]

Section 212(d)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(d)(1)) is amended by inserting after the first sentence the following: ``For multifamily housing, such limits shall not be less than the per unit dollar amount limitations set forth in section 221(d)(3)(ii) of the National Housing Act, as such limitations may be adjusted in accordance therewith, except that for purposes of this subsection the Secretary shall, by regulation, increase the per unit dollar amount limitations in any geographical area by an amount, not to exceed 140 percent, that equals the amount by which the costs of multifamily housing construction in the area exceed the national average of such costs.´´.

Sec. 207. Administrative Costs as Eligible Use of Investment.[edit]

(a) HOUSING USES.—
Section 212(a)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)(1)) is amended by inserting after ``organizations,´´ the following: ``to provide for the payment of reasonable administrative and planning costs, to provide for the payment of operating expenses of community housing development organizations,´´.
(b) ELIGIBLE USE.—
Section 212 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742) is amended—
(1) in subsection (c)(1), by inserting ``that exceed the amount specified under subsection (c)´´ before the comma at the end;
(2) by redesignating subsections (c), (d) (as amended by the preceding provisions of this Act), and (e) as subsections (d), (e), and (f), respectively; and
(3) by inserting after subsection (b) the following:


``(c) ADMINISTRATIVE COSTS.— In each fiscal year, each participating jurisdiction may use not more than 10 percent of the funds made available under this subtitle to the jurisdiction for such year for any administrative and planning costs of the jurisdiction in carrying out this subtitle, including the costs of the salaries of persons engaged in administering and managing activities assisted with funds made available under this subtitle.´´.


(c) RECOGNITION OF MATCH.—
Section 220 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12750) is amended—
(1) in subsection (b)(2), by striking ``shall´´ and all that follows and inserting ``may not be recognized for purposes of subsection (a).´´; and
(2) in subsection (c)—
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively.
(d) LIMITATION ON ADMINISTRATIVE COSTS.—
Section 212 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742) is amended by adding at the end the following:


``(g) LIMITATION ON OPERATING ASSISTANCE.— A participating jurisdiction may not use more than 5 percent of its allocation under this subtitle for the payment of operating expenses for community housing development organizations.´´.


Sec. 208. Affordable Housing.[edit]

(a) RENT CALCULATIONS.—
Section 215(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(a)) is amended—
(1) in paragraph (1)(A) by striking ``smaller and larger families´´ and inserting ``number of bedrooms in the unit´´;
(2) in paragraph (3), by adding at the end the following: ``The preceding sentence shall not apply with respect to funds made available under this Act for units that have been allocated a low-income housing tax credit by a housing credit agency pursuant to section 42 of the Internal Revenue Code 1986.´´; and
(3) in the second sentence of paragraph (3), by striking ``not less than´´ and inserting ``the lesser of the amount payable by the tenant under State or local law or´´.
(b) EXCEPTION TO TERMINATION RULE.—
Section 215(a)(1)(E) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(a)(1)(E)) is amended by inserting after ``Act´´ the following: ``, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if such action (i) recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or others to take actions that would avoid termination of low-income affordability in the case of foreclosure or transfer in lieu of foreclosure, and (ii) is not for the purpose of avoiding low income affordability restrictions, as determined by the Secretary´´.

Sec. 209. Homeownership Resale Restrictions.[edit]

Section 215(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(b)) is amended by striking paragraph (4) and inserting the following:


``(4) is subject to resale restrictions that are established by the participating jurisdiction and determined by the Secretary to be appropriate to—
``(A) allow for subsequent purchase of the property only by persons who meet the qualifications specified under paragraph (2), at a price which will—
``(i) provide the owner with a fair return on investment, including any improvements, and
``(ii) ensure that the housing will remain affordable to a reasonable range of low-income homebuyers; or
``(B) recapture the investment provided under this title in order to assist other persons in accordance with the requirements of this subsection, except where there are no net proceeds or where the net proceeds are insufficient to repay the full amount of the assistance; and´´.


Sec. 210. Matching Requirements.[edit]

(a) TIERED CONTRIBUTION.—
Section 220(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12750(a)) is amended—
(1) in paragraph (1)—
(A) by striking ``and´´ and inserting a comma;
(B) by inserting ``and substantial rehabilitation´´ after ``rehabilitation´´; and
(C) by inserting ``and´´ after the semicolon;
(2) in paragraph (2)—
(A) by striking ``33´´ and inserting ``30´´; and
(B) by striking ``substantial rehabilitation; and´´ and inserting ``new construction.´´;
(3) by striking paragraph (3); and
(4) in the matter preceding paragraph (1), by striking ``affordable housing assisted under this title´´ and inserting ``housing that qualifies as affordable housing under this title´´.
(b) FORM.—
Section 220(c) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12750(c)) is amended—
(1) by striking ``and´´ at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting a semicolon; and
(3) by adding at the end the following:


``(6) up to—
``(A) 50 percent of proceeds from bond financing validly issued by a State or local government, agency or instrumentality thereof, or political subdivision thereof, and repayable with revenues derived from a multifamily affordable housing project financed, and
``(B) 25 percent of proceeds from bond financing validly issued by a State or local government, agency or instrumentality thereof, or political subdivision thereof, and repayable with revenues derived from a single-family project financed,
``but not more than 25 percent of the contribution required under subsection (a) may be derived from these sources;
``(7) the reasonable value of any site-preparation and construction materials and any donated or voluntary labor in connection with the site-preparation for, or construction or rehabilitation of, affordable housing; and
``(8) such other contributions to affordable housing as the Secretary considers appropriate.´´.


(c) REDUCTION OF REQUIREMENT.—
Section 220 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12750) is amended by striking subsection (d) and inserting:


``(d) REDUCTION OF REQUIREMENT.—
``(1) IN GENERAL.— The Secretary shall reduce the matching requirement under subsection (a) with respect to any funds drawn from a jurisdiction's HOME Investment Trust Fund Account during a fiscal year by—
``(A) 50 percent for a jurisdiction that certifies that it is in fiscal distress; and
``(B) 100 percent for a jurisdiction that certifies that it is in severe fiscal distress.
``(2) DEFINITIONS.— For purposes of this section—
``(A) ``fiscal distress´´ means a jurisdiction other than a State that satisfies 1 of the distress criteria set forth in paragraph (3); and
``(B) ``severe fiscal distress´´ means a jurisdiction other than a State that satisfies both of the distress criteria set forth in paragraph (3).
``(3) DISTRESS CRITERIA.— For purposes of a jurisdiction other than a State certifying that it is distressed, the following criteria shall apply:
``(A) POVERTY RATE.— The average poverty rate in the jurisdiction for the calendar year immediately preceding the year in which its fiscal year begins was equal to or greater than 125 percent of the average national poverty rate during such calendar year (as determined according to information of the Bureau of the Census).
``(B) PER CAPITA INCOME.— The average per capita income in the jurisdiction for the calendar year immediately preceding the year in which its fiscal year begins was less than 75 percent of the average national per capita income during such calendar year (as determined according to information of the Bureau of the Census).
``(4) STATES.— In determining the degree to which a jurisdiction that is a State is distressed, the Secretary shall take into consideration the State's fiscal capacity and expenditure needs as determined by a national organization which compiles the relevant data.
``(5) WAIVER IN DISASTER AREAS.— If a participating jurisdiction is located in an area in which a declaration of a disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act is in effect for any part of a fiscal year, the Secretary may reduce the matching requirement for that fiscal year under subsection (a) with respect to any funds drawn from a jurisdiction's HOME Investment Trust Fund Account during that fiscal year by up to 100 percent.´´.


(d) APPLICABILITY.—
The amendments made by this section shall apply with respect to fiscal year 1993 and each fiscal year thereafter.

Sec. 211. Assistance for Insular Areas.[edit]

(a) REPEAL OF AMENDMENTS MADE BY PUBLIC LAW 102−230.—
(1) DEFINITIONS.—
Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended to read as if the amendments made by section 2 of Public Law 102-230 (105 Stat. 1720) had not been enacted.
(2) ALLOCATION OF RESOURCES.—
Section 217(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(a)) is amended—
(A) by striking the first sentence of paragraph (1) and inserting the following: ``After reserving amounts under paragraph (2) for Indian tribes and after reserving amounts under paragraph (3) for the insular areas, the Secretary shall allocate funds approved in an appropriation Act to carry out this title by formula as provided in subsection (b).´´;
(B) by striking paragraph (3) (as added by Public Law 102-229; 105 Stat. 1709);
(C) by striking paragraph (3) (as added by Public Law 102-230; 105 Stat. 1720); and
(D) by adding after paragraph (2) the following:


``(3) INSULAR AREAS.— For each fiscal year, of any amounts approved in appropriation Acts to carry out this title, the Secretary shall reserve for grants to the insular areas the greater of (A) $750,000, or (B) 0.2 percent of the amounts appropriated under such Acts. The Secretary shall provide for the distribution of amounts reserved under this paragraph among the insular areas pursuant to specific criteria for such distribution, which shall be contained in a regulation issued by the Secretary.´´.


(3) EXPEDITED ISSUANCE OF REGULATION.—
The regulation referred to in the amendment made by paragraph (2)(D) shall take effect not later than the expiration of the 90-day period beginning on the date of the enactment of this Act. The regulation shall not be subject to the requirements of subsections (b) and (c) of section 553 of title 5, United States Code, or section 7(o) of the Department of Housing and Urban Development Act.
(b) EFFECTIVE DATE.—
The amendments made by subsection (a) shall apply with respect to fiscal year 1993 and thereafter.

Sec. 212. Community Housing Production Set-Aside.[edit]

(a) EXTENSION OF PERIOD.—
Section 231 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12771) is amended by striking ``18 months´´ each place it appears in subsections (a) and (b) and inserting ``24 months´´.
(b) ALLOCATION FOR USE BY NONPROFIT ORGANIZATION.—
Section 231(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12771(a)) is amended by inserting after the second sentence the following: ``If during the first 24 months of its participation under this title, a participating jurisdiction is unable to identify a sufficient number of capable community housing development organizations, then up to 20 percent of the funds allocated to that jurisdiction under this section, but not to exceed $150,000, may be made available to carry out activities that develop the capacity of community housing development organizations in that jurisdiction.´´.
(c) OTHER REQUIREMENTS.—
Section 234(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12774(b)) is amended—
(1) by striking ``, together with other Federal assistance,´´; and
(2) by inserting before the period the following: ``or $50,000 annually, whichever is greater´´.

Sec. 213. Housing Education and Organizational Support for Community Land Trusts.[edit]

(a) COMMUNITY LAND TRUSTS.—
Section 233 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12773) is amended—
(1) in subsection (a)(2), by inserting ``, including community land trusts,´´ after ``organizations´´;
(2) in subsection (b), by adding at the end the following:


``(6) COMMUNITY LAND TRUSTS.— Organizational support, technical assistance, education, training, and continuing support under this subsection may be made available to community land trusts (as such term is defined in subsection (f)) and to community groups for the establishment of community land trusts.´´; and


(3) by adding at the end the following:


``(f) DEFINITION OF COMMUNITY LAND TRUST.— For purposes of this section, the term ``community land trust´´ means a community housing development organization (except that the requirements under subparagraphs (C) and (D) of section 104(6) shall not apply for purposes of this subsection)—
``(1) that is not sponsored by a for-profit organization;
``(2) that is established to carry out the activities under paragraph (3);
``(3) that—
``(A) acquires parcels of land, held in perpetuity, primarily for conveyance under long-term ground leases;
``(B) transfers ownership of any structural improvements located on such leased parcels to the lessees; and
``(C) retains a preemptive option to purchase any such structural improvement at a price determined by formula that is designed to ensure that the improvement remains affordable to low- and moderate-income families in perpetuity;
``(4) whose corporate membership that is open to any adult resident of a particular geographic area specified in the bylaws of the organization; and
``(5) whose board of directors—
``(A) includes a majority of members who are elected by the corporate membership; and
``(B) is composed of equal numbers of (i) lessees pursuant to paragraph (3)(B), (ii) corporate members who are not lessees, and (iii) any other category of persons described in the bylaws of the organization.´´.


(b) WOMEN IN HOMEBUILDING.—
Section 233 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12773), as amended by subsection (a) of this section, is further amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ``and´´ at the end;
(B) in paragraph (2), by striking the period at the end and inserting ``; and´´; and
(C) by adding at the end the following:


``(3) to achieve the purposes under paragraphs (1) and (2) by helping women who reside in low- and moderate-income neighborhoods rehabilitate and construct housing in the neighborhoods.´´.


(2) in subsection (b), by adding after paragraph (6) (as added by subsection (a)(2) of this section) the following:


``(7) FACILITATING WOMEN IN HOMEBUILDING PROFESSIONS.— Technical assistance may be made available to businesses, unions, and organizations involved in construction and rehabilitation of housing in low- and moderate-income areas to assist women residing in the area to obtain jobs involving such activities, which may include facilitating access by such women to, and providing, apprenticeship and other training programs regarding nontraditional skills, recruiting women to participate in such programs, providing continuing support for women at job sites, counseling and educating businesses regarding suitable work environments for women, providing information to such women regarding opportunities for establishing small housing construction and rehabilitation businesses, and providing materials and tools for training such women (in an amount not exceeding 10 percent of any assistance provided under this paragraph). The Secretary shall give priority under this paragraph to providing technical assistance for organizations rehabilitating single family or multifamily housing owned or controlled by the Secretary pursuant to title II of the National Housing Act and which have women members in occupations in which women constitute 25 percent or less of the total number of workers in the occupation (in this section referred to as ``nontraditional occupations´´).´´;


(3) in subsection (c)(1)—
(A) in subparagraph (C), by striking ``and´´ at the end;
(B) in subparagraph (D), by striking ``or´´ at the end and inserting ``and´´; and
(C) by adding at the end the following:


``(E) in the case of activities under subsection (b)(7), is a community-based organization (as such term is defined in section 4 of the Job Training Partnership Act) or public housing agency, which has demonstrated experience in preparing women for apprenticeship training in construction or administering programs for training women for construction or other nontraditional occupations (and such organizations may use assistance for activities under such subsection to employ women in housing construction and rehabilitation activities to the extent that the organization has the capacity to conduct such activities); or´´; and


(4) by adding at the end of subsection (e) the following: ``The Secretary shall provide assistance under this section, to the extent applications are submitted and approved, to contractors in each of the geographic regions having a regional office of the Department of Housing and Urban Development.´´.

Sec. 214. Land Bank Redevelopment.[edit]

(a) PRIORITIES FOR CAPACITY DEVELOPMENT.—
Section 242 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12782) is amended—
(1) in paragraph (4), by striking ``and´´ at the end;
(2) in paragraph (5), by striking the period at the end and inserting ``; and´´; and
(3) by adding at the end the following:


``(6) facilitate the establishment and efficient operation of land bank programs, under which title to vacant and abandoned parcels of real estate located in or causing blighted neighborhoods is cleared for use consistent with the purposes of this title.´´.


Sec. 215. Research in Providing Affordable Housing Through Innovative Building Techniques and Technology.[edit]

The second sentence of section 244 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12784) is amended by inserting before the period at the end the following: ``, through the use of cost-saving innovative building technology and construction techniques´´.

Sec. 216. Use of Innovative Building Technologies to Provide Cost-Saving Housing Opportunities.[edit]

Subtitle D of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12801 et seq.) is amended by adding at the end the following:


``SEC. 260. COST-SAVING BUILDING TECHNOLOGIES AND CONSTRUCTION TECHNIQUES.

``(a) IN GENERAL.— The Secretary shall make available a model program to utilize cost-saving building technologies and construction techniques for purposes of providing homeownership and rental opportunities under this title.
``(b) SELECTION CRITERIA.— The Secretary shall establish criteria for participating jurisdictions to select projects for assistance under the model program which may include—
``(1) the extent to which innovative, cost-saving building and construction technologies are utilized;
``(2) the extent to which innovative, cost-saving construction techniques are utilized;
``(3) the extent to which units will be made available to low-income families and individuals;
``(4) the extent to which non-Federal public or private assistance is utilized; and
``(5) any other factor, determined by the Secretary to be appropriate.
``(c) GUIDELINES.— The Secretary shall publish guidelines for the model program under this section not later than 180 days after the date of the enactment of the Housing and Community Development Act of 1992.
``(d) REPORT.— The Secretary shall submit a biennial report to the Congress on the utilization of the model program under this section.´´.


Sec. 217. Definition of Community Housing Development Organization.[edit]

(a) IN GENERAL.—
Section 104(6) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(6)) is amended by adding at the end the following new flush material:


``In the case of an organization serving more than one county, the Secretary may not require that such organization, to be considered a community housing development organization for purposes of this Act, include as members on the organization's governing board low-income persons residing in each county served.´´.


(b) TRANSITION RULE.—
For the purposes of determining compliance with the requirements of section 104(6) of the Cranston-Gonzalez National Affordable Housing Act, the Secretary of Housing and Urban Development may provide an exception for organizations that meet the definition of community housing development organization, except for significant representation of low-income community residents on the board, if such organization fulfills such requirement within 6 months of receiving funds under title II of such Act or September 30, 1993, whichever is sooner.

Sec. 218. Inclusion of Echo Housing in Definition of Housing.[edit]

Section 104(8) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(8)) is amended by inserting before the period at the end the following: ``and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings´´.

Sec. 219. Eligibility of Manufactured Homeowners as First-Time Homebuyers.[edit]

Section 104(14) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(14)) is amended—
(1) in subparagraph (A), by striking ``and´´ at the end;
(2) in subparagraph (B), by striking the period at the end and inserting ``; and´´; and
(3) by adding at the end the following new subparagraph:


``(C) an individual shall not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual owns or owned, as a principal residence during such 3-year period, a dwelling unit whose structure is—
``(i) not permanently affixed to a permanent foundation in accordance with local or other applicable regulations, or
``(ii) not in compliance with State, local, or model building codes, or other applicable codes, and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.´´.


Sec. 220. Eligibility for Assistance and Contents of Strategies.[edit]

(a) HOMELESSNESS INFORMATION.—
Section 105(b)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(b)(2)) is amended—
(1) by inserting ``, including rural homelessness,´´ after ``homelessness´´ the first place it appears; and
(2) by inserting ``including tabular representation of such information,´´ after ``with homelessness,´´.
(b) ANTIDISPLACEMENT PLAN AND ANTIPOVERTY STRATEGY.—
Section 105(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(b)) is amended—
(1) by striking paragraph (14) and inserting the following:


``(14) include a certification that the jurisdiction has in effect and is following a residential antidisplacement and relocation assistance plan that, in any case of any such displacement in connection with any activity assisted with amounts provided under title II, requires the same actions and provides the same rights as required and provided under a residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 in the event of displacement in connection with a development project assisted under section 106 or 119 of such Act;´´.


(2) in paragraph (15), by striking the period at the end and inserting ``; and´´ and
(3) by adding at the end the following:


``(16) for any housing strategy submitted for fiscal year 1994 or any fiscal year thereafter and taking into consideration factors over which the jurisdiction has control, describe the jurisdiction's goals, programs, and policies for reducing the number of households with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually), and, in consultation with other appropriate public and private agencies, state how the jurisdiction's goals, programs, and policies for producing and preserving affordable housing set forth in the housing strategy will be coordinated with other programs and services for which the jurisdiction is responsible and the extent to which they will reduce (or assist in reducing) the number of households with incomes below the poverty line; and´´.


(c) LINKAGE BETWEEN HOUSING NEED AND ALLOCATION OF HOUSING RESOURCES.—
Section 105(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(b)) is amended—
(1) by redesignating paragraphs (8) through (16) as paragraphs (9) through (17), respectively; and
(2) by inserting after paragraph (7) the following:


``(8) describe how the jurisdiction's plan will address the housing needs identified pursuant to subparagraphs (1) and (2), describe the reasons for allocation priorities, and identify any obstacles to addressing underserved needs;´´.


Sec. 221. Location of Activities.[edit]

Section 218(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748a) is amended by inserting after ``boundaries´´ the following: ``or within the boundaries of contiguous jurisdictions in joint projects which serve residents from both jurisdictions´´.

Sec. 222. Regulations.[edit]

The Secretary of Housing and Urban Development shall issue any final regulations necessary to implement the provisions of this title and the amendments made by this title not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, except as expressly provided otherwise in this title and the amendments made by this title. Such regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).

Sec. 223. Retroactive Application of Home Amendments.[edit]

The amendments made by this title shall apply to unexpended funds allocated under title II of the Cranston-Gonzalez National Affordable Housing Act in fiscal year 1992, except as otherwise specifically provided.