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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2482 Engrossed in House (EH)]

114th CONGRESS
  1st Session
                                H. R. 2482

_______________________________________________________________________

                                 AN ACT

 
To amend the Low-Income Housing Preservation and Resident Homeownership 
                              Act of 1990.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preservation Enhancement and Savings 
Opportunity Act of 2015''.

SEC. 2. DISTRIBUTIONS AND RESIDUAL RECEIPTS.

    Section 222 of the Low-Income Housing Preservation and Resident 
Homeownership Act of 1990 (12 U.S.C. 4112) is amended by adding at the 
end the following new subsection:
    ``(e) Distribution and Residual Receipts.--
            ``(1) Authority.--After the date of the enactment of the 
        Preservation Enhancement and Savings Opportunity Act of 2015, 
        the owner of a property subject to a plan of action or use 
        agreement pursuant to this section shall be entitled to 
        distribute--
                    ``(A) annually, all surplus cash generated by the 
                property, but only if the owner is in material 
                compliance with such use agreement including compliance 
                with prevailing physical condition standards 
                established by the Secretary; and
                    ``(B) notwithstanding any conflicting provision in 
                such use agreement, any funds accumulated in a residual 
                receipts account, but only if the owner is in material 
                compliance with such use agreement and has completed, 
                or set aside sufficient funds for completion of, any 
                capital repairs identified by the most recent third 
                party capital needs assessment.
            ``(2) Operation of property.--An owner that distributes any 
        amounts pursuant to paragraph (1) shall--
                    ``(A) continue to operate the property in 
                accordance with the affordability provisions of the use 
                agreement for the property for the remaining useful 
                life of the property;
                    ``(B) as required by the plan of action for the 
                property, continue to renew or extend any project-based 
                rental assistance contract for a term of not less than 
                20 years; and
                    ``(C) if the owner has an existing multi-year 
                project-based rental assistance contract for less than 
                20 years, have the option to extend the contract to a 
                20-year term.''.

SEC. 3. FUTURE REFINANCINGS.

    Section 214 of the Low-Income Housing Preservation and Resident 
Homeownership Act of 1990 (12 U.S.C. 4104) is amended by adding at the 
end the following new subsection:
    ``(c) Future Financing.--Neither this section, nor any plan of 
action or use agreement implementing this section, shall restrict an 
owner from obtaining a new loan or refinancing an existing loan secured 
by the project, or from distributing the proceeds of such a loan; 
except that, in conjunction with such refinancing--
            ``(1) the owner shall provide for adequate rehabilitation 
        pursuant to a capital needs assessment to ensure long-term 
        sustainability of the property satisfactory to the lender or 
        bond issuance agency;
            ``(2) any resulting budget-based rent increase shall 
        include debt service on the new financing, commercially 
        reasonable debt service coverage, and replacement reserves as 
        required by the lender; and
            ``(3) for tenants of dwelling units not covered by a 
        project- or tenant-based rental subsidy, any rent increases 
        resulting from the refinancing transaction may not exceed 10 
        percent per year, except that--
                    ``(A) any tenant occupying a dwelling unit as of 
                time of the refinancing may not be required to pay for 
                rent and utilities, for the duration of such tenancy, 
                an amount that exceeds the greater of--
                            ``(i) 30 percent of the tenant's income; or
                            ``(ii) the amount paid by the tenant for 
                        rent and utilities immediately before such 
                        refinancing; and
                    ``(B) this paragraph shall not apply to any tenant 
                who does not provide the owner with proof of income.
Paragraph (3) may not be construed to limit any rent increases 
resulting from increased operating costs for a project.''.

SEC. 4. IMPLEMENTATION.

    The Secretary of Housing and Urban Development shall issue any 
guidance that the Secretary considers necessary to carry out the 
provisions added by the amendments made by sections 2 and 3 not later 
than the expiration of the 120-day period beginning on the date of the 
enactment of this Act.

            Passed the House of Representatives July 14, 2015.

            Attest:

                                                                 Clerk.
114th CONGRESS

  1st Session

                               H. R. 2482

_______________________________________________________________________

                                 AN ACT

To amend the Low-Income Housing Preservation and Resident Homeownership 
                              Act of 1990.
```