II 

Calendar No. 657 

111TH CONGRESS 

2D SESSION S. 118 

To amend section 202 of the Housing Act of 1959, to improve the program 

under such section for supportive housing for the elderly, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 6, 2009 

Mr. KOHL (for himself, Mr. SCHUMER, Mr. DURBIN, Mr. BROWN of Ohio, Mr. 

NELSON of Florida, Ms. STABENOW, Mr. LEAHY, Mr. CASEY, Mr. LEVIN, 

Ms. LANDRIEU, Mr. MERKLEY, Mr. MENENDEZ, and Mrs. GILLIBRAND) 

introduced the following bill; which was read twice and referred to the 

Committee on Banking, Housing, and Urban Affairs 

NOVEMBER 30, 2010 

Reported by Mr. DODD, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend section 202 of the Housing Act of 1959, to improve the program under such section for supportive 

housing for the elderly, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Section 202 Supportive Housing for the Elderly Act of 

4 2009’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title and table of contents. 

TITLE I—NEW CONSTRUCTION REFORMS 

Sec. 101. Project rental assistance. 

Sec. 102. Selection criteria. 

Sec. 103. Development cost limitations. 

Sec. 104. Owner deposits. 

Sec. 105. Definition of private nonprofit organization. 

Sec. 106. Preferences for homeless elderly. 

Sec. 107. Nonmetropolitan allocation. 

TITLE II—REFINANCING 

Sec. 201. Approval of prepayment of debt. 

Sec. 202. Sources of refinancing. 

Sec. 203. Use of unexpended amounts. 

Sec. 204. Use of project residual receipts. 

Sec. 205. Additional provisions. 

TITLE III—ASSISTED LIVING FACILITIES 

Sec. 301. Definition of assisted living facility. 

Sec. 302. Monthly assistance payment under rental assistance. 

TITLE IV—FACILITATING AFFORDABLE HOUSING PRESERVATION 

TRANSACTIONS 

Sec. 401. Use of sale or refinancing proceeds. 

TITLE V—NATIONAL SENIOR HOUSING CLEARINGHOUSE 

Sec. 501. National senior housing clearinghouse. 

7 TITLE I—NEW CONSTRUCTION 

8 REFORMS 

9 SEC. 101. PROJECT RENTAL ASSISTANCE. 

10 Paragraph (2) of section 202(c) of the Housing Act 

11 of 1959 (12 U.S.C. 1701q(c)(2)) is amended— 


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1 (1) by inserting after ‘‘ASSISTANCE.—’’ the fol2 lowing: ‘‘(A) INITIAL PROJECT RENTAL ASSISTANCE

3 CONTRACT.—’’; 

4 (2) in the last sentence, by striking ‘‘may’’ and 

5 inserting ‘‘shall’’; and 

6 (3) by adding at the end the following new sub7 paragraph: 

8 ‘‘(B) RENEWAL OF AND INCREASES IN CON9 TRACT AMOUNTS.— 

10 ‘‘(i) EXPIRATION OF CONTRACT TERM.— 

11 Upon the expiration of each contract term, the 

12 Secretary shall adjust the annual contract 

13 amount to provide for reasonable project costs, 

14 and any increases, including adequate reserves, 

15 supportive services, and service coordinators, 

16 except that any contract amounts not used by 

17 a project during a contract term shall not be 

18 available for such adjustments upon renewal. 

19 ‘‘(ii) EMERGENCY SITUATIONS.—In the 

20 event of emergency situations that are outside 

21 the control of the owner, the Secretary shall in22 crease the annual contract amount, subject to 

23 reasonable review and limitations as the Sec24 retary shall provide.’’. 


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1 SEC. 102. SELECTION CRITERIA. 

2 Section 202(f)(1) of the Housing Act of 1959 (12 

3 U.S.C. 1701q(f)) is amended— 

4 (1) by redesignating subparagraphs (F) and 

5 (G) as subparagraphs (G) and (H), respectively; and 

6 (2) by inserting after subparagraph (E) (as so 

7 redesignated by paragraph (2) of this subsection) 

8 the following new subparagraph: 

9 ‘‘(F) the extent to which the applicant has en10 sured that a service coordinator will be employed or 

11 otherwise retained for the housing, who has the 

12 managerial capacity and responsibility for carrying 

13 out the actions described in subparagraphs (A) and 

14 (B) of subsection (g)(2);’’. 

15 SEC. 103. DEVELOPMENT COST LIMITATIONS. 

16 Section 202(h)(1) of the Housing Act of 1959 (12 

17 U.S.C. 1701q(h)(1)) is amended, in the matter preceding 

18 subparagraph (A), by inserting ‘‘reasonable’’ before ‘‘de19 velopment cost limitations’’. 

20 SEC. 104. OWNER DEPOSITS. 

21 Section 202(j)(3)(A) of the Housing Act of 1959 (12 

22 U.S.C. 1701q(j)(3)(A)) is amended by inserting after the 

23 period at the end the following: ‘‘Such amount shall be 

24 used only to cover operating deficits during the first 3 

25 years of operations and shall not be used to cover conVerDate Mar 15 2010 00:57 Dec 01, 2010 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S118.RS S118

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1 struction shortfalls or inadequate initial project rental as2 sistance amounts.’’. 

3 SEC. 105. DEFINITION OF PRIVATE NONPROFIT ORGANIZA4 TION. 

5 Subparagraph (B) of section 202(k)(4) of the Hous6 ing Act of 1959 (12 U.S.C. 1701q(k)(4)(B)) is amended 

7 by inserting before the semicolon the following: ‘‘, except 

8 that, in the case of any national organization that is the 

9 owner of multiple housing projects assisted under this sec10 tion, the organization may comply with clause (i) of this 

11 subparagraph by having a local advisory board to the gov12 erning board of the organization the membership which 

13 is selected in the manner required under clause (i)’’. 

14 SEC. 106. PREFERENCES FOR HOMELESS ELDERLY. 

15 Subsection (j) of section 202 of the Housing Act of 

16 1959 (12 U.S.C. 1701q(j)) is amended by adding at the 

17 end the following new paragraph: 

18 ‘‘(9) PREFERENCES FOR HOMELESS ELDER19 LY.—The Secretary shall permit an owner of hous20 ing assisted under this section to establish for, and 

21 apply to, such housing a preference in tenant selec22 tion for the homeless elderly, either within the appli23 cation or after selection pursuant to subsection (f), 

24 but only if— 


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1 ‘‘(A) such preference is consistent with 

2 paragraph (2); and 

3 ‘‘(B) the owner demonstrates that the sup4 portive services identified pursuant to sub5 section (e)(4), or additional supportive services 

6 to be made available upon implementation of 

7 the preference, will meet the needs of the home8 less elderly, maintain safety and security for all 

9 tenants, and be provided on a consistent, long10 term, and economical basis.’’. 

11 SEC. 107. NONMETROPOLITAN ALLOCATION. 

12 Paragraph (3) of section 202(l) of the Housing Act 

13 of 1959 (12 U.S.C. 1701q(l)(3)) is amended by inserting 

14 after the period at the end the following: ‘‘In complying 

15 with this paragraph, the Secretary shall either operate a 

16 national competition for the nonmetropolitan funds or 

17 make allocations to regional offices of the Department of 

18 Housing and Urban Development.’’. 

19 TITLE II—REFINANCING 

20 SEC. 201. APPROVAL OF PREPAYMENT OF DEBT. 

21 Subsection (a) of section 811 of the American Home22 ownership and Economic Opportunity Act of 2000 (12 

23 U.S.C. 1701q note) is amended— 

24 (1) in the matter preceding paragraph (1), by 

25 inserting ‘‘, for which the Secretary’s consent to preVerDate Mar 15 2010 00:57 Dec 01, 2010 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S118.RS S118

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1 payment is required,’’ after ‘‘Affordable Housing 

2 Act)’’; 

3 (2) in paragraph (1)— 

4 (A) by inserting ‘‘at least 20 years fol5 lowing’’ before ‘‘the maturity date’’; 

6 (B) by inserting ‘‘project-based’’ before 

7 ‘‘rental assistance payments contract’’; 

8 (C) by inserting ‘‘project-based’’ before 

9 ‘‘rental housing assistance programs’’; and 

10 (D) by inserting ‘‘, or any successor 

11 project-based rental assistance program,’’ after 

12 ‘‘1701s))’’; 

13 (3) by amending paragraph (2) to read as fol14 lows: 

15 ‘‘(2) the prepayment may involve refinancing of 

16 the loan if such refinancing results in— 

17 ‘‘(A) a lower interest rate on the principal 

18 of the loan for the project and in reductions in 

19 debt service related to such loan; or 

20 ‘‘(B) a transaction in which the project 

21 owner will address the physical needs of the 

22 project, but only if, as a result of the refi23 nancing— 

24 ‘‘(i) the rent charges for unassisted 

25 families residing in the project do not inVerDate Mar 15 2010 00:57 Dec 01, 2010 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S118.RS S118

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1 crease or such families are provided rental 

2 assistance under a senior preservation 

3 rental assistance contract for the project 

4 pursuant to subsection (e); and 

5 ‘‘(ii) the overall cost for providing 

6 rental assistance under section 8 for the 

7 project (if any) is not increased, except, 

8 upon approval by the Secretary to— 

9 ‘‘(I) mark-up-to-market contracts 

10 pursuant to section 524(a)(3) of the 

11 Multifamily Assisted Housing Reform 

12 and Affordability Act (42 U.S.C. 

13 1437f note), as such section is carried 

14 out by the Secretary for properties 

15 owned by nonprofit organizations; or 

16 ‘‘(II) mark-up-to-budget con17 tracts pursuant to section 524(a)(4) 

18 of the Multifamily Assisted Housing 

19 Reform and Affordability Act (42 

20 U.S.C. 1437f note), as such section is 

21 carried out by the Secretary for prop22 erties owned by eligible owners (as 

23 such term is defined in section 202(k) 

24 of the Housing Act of 1959 (12 

25 U.S.C. 1701q(k)); and’’; and 


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1 (4) by adding at the end the following: 

2 ‘‘(3) notwithstanding paragraph (2)(A), the 

3 prepayment and refinancing authorized pursuant to 

4 paragraph (2)(B) involves an increase in debt service 

5 only in the case of a refinancing of a project assisted 

6 with a loan under such section 202 carrying an in7 terest rate of 6 percent or lower.’’. 

8 SEC. 202. SOURCES OF REFINANCING. 

9 The last sentence of section 811(b) of the American 

10 Homeownership and Economic Opportunity Act of 2000 

11 (12 U.S.C. 1701q note) is amended— 

12 (1) by inserting after ‘‘National Housing Act,’’ 

13 the following: ‘‘or approving the standards used by 

14 authorized lenders to underwrite a loan refinanced 

15 with risk sharing as provided by section 542 of the 

16 Housing and Community Development Act of 1992 

17 (12 U.S.C. 1701 note),’’; and 

18 (2) by striking ‘‘may’’ and inserting ‘‘shall’’. 

19 SEC. 203. USE OF UNEXPENDED AMOUNTS. 

20 Subsection (c) of section 811 of the American Home21 ownership and Economic Opportunity Act of 2000 (12 

22 U.S.C. 1701q note) is amended— 

23 (1) by striking ‘‘USE OF UNEXPENDED

24 AMOUNTS.—’’ and inserting ‘‘USE OF PROCEEDS.— 

25 ’’; 


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1 (2) by amending the matter preceding para2 graph (1) to read as follows: ‘‘Upon execution of the 

3 refinancing for a project pursuant to this section, 

4 the Secretary shall ensure that proceeds are used in 

5 a manner advantageous to tenants, or are used in 

6 the provision of affordable rental housing and re7 lated social services for elderly persons by the pri8 vate nonprofit organization project owner, private 

9 nonprofit organization project sponsor, or private 

10 nonprofit organization project developer, including— 

11 ’’; 

12 (3) in paragraph (1), by striking ‘‘not more 

13 than 15 percent of’’; 

14 (4) in paragraph (2), by inserting before the 

15 semicolon the following; ‘‘, including reducing the 

16 number of units by reconfiguring units that are 

17 functionally obsolete, unmarketable, or not economi18 cally viable’’; 

19 (5) in paragraph (3), by striking ‘‘or’’ at the 

20 end; 

21 (6) in paragraph (4), by striking ‘‘according to 

22 a pro rata allocation of shared savings resulting 

23 from the refinancing.’’ and inserting a semicolon; 

24 and 


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1 (7) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(5) rehabilitation of the project to ensure long4 term viability; 

5 ‘‘(6) the payment to the project owner, sponsor, 

6 or third party developer of a developer’s fee in an 

7 amount not to exceed— 

8 ‘‘(A) in the case of a project refinanced 

9 through a State low income housing tax credit 

10 program, the fee permitted by the low income 

11 housing tax credit program as calculated by the 

12 State program as a percentage of acceptable de13 velopment cost as defined by that State pro14 gram; or 

15 ‘‘(B) in the case of a project refinanced 

16 through any other source of refinancing, 15 

17 percent of the acceptable development cost; and 

18 ‘‘(7) the payment of equity, if any, to— 

19 ‘‘(A) in the case of a sale, to the seller or 

20 the sponsor of the seller, in an amount equal to 

21 the lesser of the purchase price or the appraised 

22 value of the project, as each is reduced by the 

23 cost of prepaying any outstanding indebtedness 

24 on the project and transaction costs of the sale; 

25 or 


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1 ‘‘(B) in the case of a refinancing without 

2 the transfer of the project, to the project owner 

3 or the project sponsor, in an amount equal to 

4 the difference between the appraised value of 

5 the project less the outstanding indebtedness 

6 and total acceptable development cost. 

7 For purposes of paragraphs (6)(B) and (7)(B), the term 

8 ‘‘acceptable development cost’’ shall include, as applicable, 

9 the cost of acquisition, rehabilitation, loan prepayment, 

10 initial reserve deposits, and transaction costs.’’. 

11 SEC. 204. USE OF PROJECT RESIDUAL RECEIPTS. 

12 Paragraph (1) of section 811(d) of the American 

13 Homeownership and Economic Opportunity Act of 2000 

14 (12 U.S.C. 1701q note) is amended— 

15 (1) by striking ‘‘not more than 15 percent of’’; 

16 and 

17 (2) by inserting before the period at the end the 

18 following: ‘‘or other purposes approved by the Sec19 retary’’. 

20 SEC. 205. ADDITIONAL PROVISIONS. 

21 Section 811 of the American Homeownership and 

22 Economic Opportunity Act of 2000 (12 U.S.C. 1701q 

23 note) is amended by adding at the end the following new 

24 subsections: 


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1 ‘‘(e) SENIOR PRESERVATION RENTAL ASSISTANCE

2 CONTRACTS.—Notwithstanding any other provision of 

3 law, in connection with a prepayment plan for a project 

4 approved under subsection (a) by the Secretary or as oth5 erwise approved by the Secretary to prevent displacement 

6 of elderly residents of the project in the case of refinancing 

7 or recapitalization and to further preservation and afford8 ability of such project, the Secretary shall provide project9 based rental assistance for the project under a senior pres10 ervation rental assistance contract, as follows: 

11 ‘‘(1) Assistance under the contract shall be 

12 made available to the private nonprofit organization 

13 owner— 

14 ‘‘(A) for a term of at least 20 years, sub15 ject to annual appropriations; and 

16 ‘‘(B) under the same rules governing 

17 project-based rental assistance made available 

18 under section 8 of the Housing Act of 1937. 

19 ‘‘(2) Any projects for which a senior preserva20 tion rental assistance contract is provided shall be 

21 subject to a use agreement to ensure continued 

22 project affordability having a term of the longer of 

23 (A) the term of the senior preservation rental assist24 ance contract, or (B) such term as is required by the 

25 new financing. 


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1 ‘‘(f) MORTGAGE SALE DEMONSTRATION.— 

2 ‘‘(1) IN GENERAL.—The Secretary may sell 

3 mortgages associated with loans made under section 

4 202 of the Housing Act of 1959 (as in effect before 

5 the enactment of the Cranston-Gonzalez National 

6 Affordable Housing Act) in accordance with the rel7 evant terms for sales of subsidized loans on multi8 family housing projects under section 203 of the 

9 Housing and Community Development Amendments 

10 of 1978 (12 U.S.C. 1701z–11). For the purpose of 

11 demonstrating the efficiency, effectiveness, quality, 

12 and timeliness of asset management and regulatory 

13 oversight of certain portfolios of such mortgages by 

14 State housing finance agencies, the Secretary shall 

15 carry out a demonstration program, in not more 

16 than 5 States, to sell portfolios of such mortgages to 

17 State housing finance agencies for a price not to ex18 ceed the unpaid principal balances of such mort19 gages and otherwise in accordance with the require20 ments of such section 203. 

21 ‘‘(2) LIMITATIONS.—In carrying out the dem22 onstration program required under paragraph (1), 

23 the Secretary shall— 

24 ‘‘(A) prohibit State housing finance agen25 cies from giving preference to, or conditioning 


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1 the approval of, awards of subordinate debt 

2 funds, allocations of tax credits, or tax exempt 

3 bonds based on the use of financing for the first 

4 mortgage that is provided by such State hous5 ing finance agency; 

6 ‘‘(B) require such agencies to allow, in ac7 cordance with this section, for the refinancing 

8 or prepayment of loans made under section 202 

9 of the Housing Act of 1959 with a loan selected 

10 by the owners, except that any use restrictions 

11 on the property for which the loan was made 

12 shall remain in effect for the duration provided 

13 under the original terms of such loan; and 

14 ‘‘(C) only carry out the demonstration pro15 gram in a State that has experience with oper16 ating and maintaining a housing preservation 

17 revolving loan fund. 

18 ‘‘(3) STUDY.—The Secretary shall conduct a 

19 study to evaluate the performance and results of the 

20 demonstration program carried out under paragraph 

21 (1). In conducting such study, the Secretary shall 

22 place particular emphasis on whether the asset man23 agement functions and activities related to loans and 

24 properties held in the portfolios sold to State hous25 ing finance agencies under such demonstration proVerDate Mar 15 2010 00:57 Dec 01, 2010 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S118.RS S118

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1 gram have been accomplished in a timely, effective, 

2 and efficient manner, including an analysis of ap3 provals of refinancings and preservation trans4 actions, rent increase requests, withdrawals from re5 serves or residual receipts (where there is no con6 tract administrator), and provider and resident sat7 isfaction. 

8 ‘‘(4) REPORT.—Not later than 3 years after the 

9 date of enactment of this subsection, the Secretary 

10 shall submit a report to the Committee on Banking, 

11 Housing, and Urban Affairs of the Senate and the 

12 Committee on Financial Services of the House of 

13 Representatives on— 

14 ‘‘(A) the findings of the study required 

15 under paragraph (3); and 

16 ‘‘(B) any recommendations the Secretary 

17 may have for expanding the demonstration 

18 project required under paragraph (1). 

19 ‘‘(g) SUBORDINATION OR ASSUMPTION OF EXISTING

20 DEBT.—In lieu of prepayment under this section of the 

21 indebtedness with respect to a project, the Secretary may 

22 approve— 

23 ‘‘(1) in connection with new financing for the 

24 project, the subordination of the loan for the project 

25 under section 202 of the Housing Act of 1959 (as 


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1 in effect before the enactment of the Cranston-Gon2 zalez National Affordable Housing Act) and the con3 tinued subordination of any other existing subordi4 nate debt previously approved by the Secretary to 

5 facilitate preservation of the project as affordable 

6 housing; or 

7 ‘‘(2) the assumption (which may include the 

8 subordination described in paragraph (1)) of the 

9 loan for the project under such section 202 in con10 nection with the transfer of the project with such a 

11 loan to a private nonprofit organization. 

12 ‘‘(h) FLEXIBLE SUBSIDY DEBT.—The Secretary 

13 shall waive the requirement that debt for a project pursu14 ant to the flexible subsidy program under section 201 of 

15 the Housing and Community Development Amendments 

16 of 1978 (12 U.S.C. 1715z–1a) be prepaid in connection 

17 with a prepayment, refinancing, or transfer under this sec18 tion of a project if such waiver is necessary for the finan19 cial feasibility of the transaction and is consistent with 

20 the long-term preservation of the project as affordable 

21 housing. 

22 ‘‘(i) TENANT INVOLVEMENT IN PREPAYMENT AND

23 REFINANCING.—The Secretary shall not accept an offer 

24 to prepay the loan for any project under section 202 of 

25 the Housing Act of 1959 unless the Secretary has— 


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1 ‘‘(1) determined that the owner of the project 

2 has notified the tenants of the owner’s request for 

3 approval of a prepayment; 

4 ‘‘(2) determined that the owner of the project 

5 has provided the tenants with an opportunity to 

6 comment on the owner’s request for approval of a 

7 prepayment, including a description of any antici8 pated rehabilitation or other use of the proceeds 

9 from the transaction, and its impacts on project 

10 rents, tenant contributions, or the affordability re11 strictions for the project; and 

12 ‘‘(3) taken such comments into consideration. 

13 ‘‘(j) DEFINITION OF PRIVATE NONPROFIT ORGANI14 ZATION.—For purposes of this section, the term ‘private 

15 nonprofit organization’ has the meaning given such term 

16 in section 202(k) of the Housing Act of 1959 (12 U.S.C. 

17 1701q(k)).’’. 

18 TITLE III—ASSISTED LIVING 

19 FACILITIES 

20 SEC. 301. DEFINITION OF ASSISTED LIVING FACILITY. 

21 Section 202b(g) of the Housing Act of 1959 (12 

22 U.S.C. 1701q–2(g)) is amended by striking paragraph (1) 

23 and inserting the following new paragraph: 

24 ‘‘(1) the term ‘assisted living facility’ means a 

25 facility that— 


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1 ‘‘(A) is owned by a private nonprofit orga2 nization; and 

3 ‘‘(B)(i) is licensed and regulated by a 

4 State (or if there is no State law providing for 

5 such licensing and regulation by the State, by 

6 the municipality or other political subdivision in 

7 which the facility is located); or 

8 ‘‘(ii)(I) makes available, directly or 

9 through recognized and experienced third party 

10 service providers, to residents at the resident’s 

11 request or choice supportive services to assist 

12 the residents in carrying out the activities of 

13 daily living, as described in section 

14 232(b)(6)(B) of the National Housing Act (12 

15 U.S.C. 1715w(b)(6)(B)); and 

16 ‘‘(II) provides separate dwelling units for 

17 residents, each of which may contain a full 

18 kitchen and bathroom and which includes com19 mon rooms and other facilities appropriate for 

20 the provision of supportive services to the resi21 dents of the facility; and’’. 

22 SEC. 302. MONTHLY ASSISTANCE PAYMENT UNDER RENTAL 

23 ASSISTANCE. 

24 Clause (iii) of section 8(o)(18)(B) of the United 

25 States Housing Act of 1937 (42 U.S.C. 


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1 1437f(o)(18)(B)(iii)) is amended by inserting before the 

2 period at the end the following: ‘‘, except that a family 

3 may be required at the time the family initially receives 

4 such assistance to pay rent in an amount exceeding 40 

5 percent of the monthly adjusted income of the family by 

6 such an amount or percentage that is reasonable given the 

7 services and amenities provided and as the Secretary 

8 deems appropriate.’’. 

9 TITLE IV—FACILITATING AF10 FORDABLE HOUSING PRESER11 VATION TRANSACTIONS 

12 SEC. 401. USE OF SALE OR REFINANCING PROCEEDS. 

13 Notwithstanding any other provision of law, in con14 nection with the sale or refinancing of a multifamily hous15 ing project, or the transfer of an assistance contract on 

16 such a property, that requires the approval of the Sec17 retary of Housing and Urban Development, the Secretary 

18 shall not impose any condition that restricts the amount 

19 or use of sale or refinancing proceeds, or requires the fil20 ing of a financial report, unless such condition is expressly 

21 authorized by an existing contract entered into between 

22 the Secretary (or the Secretary’s designee) and the project 

23 owner before the imposition of a condition prohibited by 

24 this section or is a general condition for new financing 

25 with a mortgage insured by the Secretary. Any such condiVerDate Mar 15 2010 00:57 Dec 01, 2010 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S118.RS S118

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1 tion previously imposed by the Secretary after January 1, 

2 2005, shall, at the option of the project owner, be consid3 ered void and not enforceable, and any agreement con4 taining such a condition shall be rescinded and may be 

5 reissued without the void condition. 

6 TITLE V—NATIONAL SENIOR 

7 HOUSING CLEARINGHOUSE 

8 SEC. 501. NATIONAL SENIOR HOUSING CLEARINGHOUSE. 

9 (a) ESTABLISHMENT.—Not later than 180 days after 

10 the date of enactment of this Act, the Secretary of Hous11 ing and Urban Development shall establish and operate 

12 a clearinghouse to serve as a national repository to receive, 

13 collect, process, assemble, and disseminate information re14 garding the availability and quality of multifamily develop15 ments for elderly tenants, including— 

16 (1) the availability of— 

17 (A) supportive housing for the elderly pur18 suant to section 202 of the Housing Act of 

19 1959 (12 U.S.C. 1701q), including any housing 

20 unit assisted with a project rental assistance 

21 contract under such section; 

22 (B) properties and units eligible for assist23 ance under section 8 of the United States 

24 Housing Act of 1937 (42 U.S.C. 1437f); 


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1 (C) properties eligible for the low-income 

2 housing tax credit under section 42 of the In3 ternal Revenue Code of 1986; 

4 (D) units in assisted living facilities in5 sured pursuant to section 221(d)(4) of the Na6 tional Housing Act (12 U.S.C. 1715l(d)(4)); 

7 (E) units in any multifamily project that 

8 has been converted into an assisted living facil9 ity for elderly persons pursuant to section 202b 

10 of the Housing Act of 1959 (12 U.S.C. 1701q– 

11 2); and 

12 (F) any other federally assisted or sub13 sidized housing for the elderly; 

14 (2) the number of available units in each prop15 erty, project, or facility described in paragraph (1); 

16 (3) the number of bedrooms in each available 

17 unit in each property, project, or facility described in 

18 paragraph (1); 

19 (4) the estimated cost to a potential tenant to 

20 rent or reside in each available unit in each prop21 erty, project, or facility described in paragraph (1); 

22 (5) the presence of a waiting list for entry into 

23 any available unit in each property, project, or facil24 ity described in paragraph (1); 


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1 (6) the number of persons on the waiting list 

2 for entry into any available unit in each property, 

3 project, or facility described in paragraph (1); 

4 (7) the estimated time an individual can expect 

5 to be on the waiting list for entry into any available 

6 unit in each property, project, or facility described in 

7 paragraph (1); 

8 (8) the amenities available in each available 

9 unit in each property, project, or facility described in 

10 paragraph (1), including— 

11 (A) the services provided by such property, 

12 project, or facility; 

13 (B) the size and availability of common 

14 space within each property, project, or facility; 

15 (C) the availability of organized activities 

16 for individuals residing in such property, 

17 project, or facility; and 

18 (D) any other additional amenities avail19 able to individuals residing in such property, 

20 project, or facility; 

21 (9) the level of care (personal, physical, or nurs22 ing) available to individuals residing in any property, 

23 project, or facility described in paragraph (1); 


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1 (10) whether there is a service coordinator in 

2 any property, project, or facility described in para3 graph (1); and 

4 (11) any other criteria determined appropriate 

5 by the Secretary. 

6 (b) COLLECTION AND UPDATING OF INFORMA7 TION.— 

8 (1) INITIAL COLLECTION.—Not later than 90 

9 days after the date of enactment of this Act, the 

10 Secretary of Housing and Urban Development shall 

11 conduct an annual survey requesting information 

12 from each owner of a property, project, or facility 

13 described in subsection (a)(1) regarding the provi14 sions described in paragraphs (2) through (11) of 

15 such subsection. 

16 (2) RESPONSE TIME.—Not later than 30 days 

17 after receiving the request described under para18 graph (1), the owner of each such property, project, 

19 or facility shall submit such information to the Sec20 retary of Housing and Urban Development. 

21 (3) PUBLIC AVAILABILITY.—Not later than 60 

22 days after the Secretary of Housing and Urban De23 velopment receives the submission of any informa24 tion required under paragraph (2), the Secretary 


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1 shall make such information publicly available 

2 through the clearinghouse. 

3 (4) UPDATES.—The Secretary of Housing and 

4 Urban Development shall conduct an annual survey 

5 of each owner of a property, project, or facility de6 scribed in subsection (a)(1) for the purpose of up7 dating or modifying information provided in the ini8 tial collection of information under paragraph (1). 

9 Not later than 30 days after receiving such a re10 quest, the owner of each such property, project, or 

11 facility shall submit such updates or modifications to 

12 the Secretary. Not later than 60 days after receiving 

13 such updates or modifications, the Secretary shall 

14 inform the clearinghouse of such updated or modi15 fied information. 

16 (c) FUNCTIONS.—The clearinghouse established 

17 under subsection (a) shall— 

18 (1) respond to inquiries from State and local 

19 governments, other organizations, and individuals re20 questing information regarding the availability of 

21 housing in multifamily developments for elderly ten22 ants; 

23 (2) make such information publicly available via 

24 the Internet website of the Department of Housing 

25 and Urban Development, which shall include— 


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1 (A) access via electronic mail; and 

2 (B) an easily searchable, sortable, 

3 downloadable, and accessible index that itemizes 

4 the availability of housing in multifamily devel5 opments for elderly tenants by State, county, 

6 and zip code; 

7 (3) establish a toll-free number to provide the 

8 public with specific information regarding the avail9 ability of housing in multifamily developments for el10 derly tenants; and 

11 (4) perform any other duty that the Secretary 

12 determines necessary to achieve the purposes of this 

13 section. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as necessary 

16 to carry out this section. 

17 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

18 (a) SHORT TITLE.—This Act may be cited as the ‘‘Sec19 tion 202 Supportive Housing for the Elderly Act of 2010’’. 

20 (b) TABLE OF CONTENTS.—The table of contents for 

21 this Act is as follows: 

Sec. 1. Short title and table of contents. 

TITLE I—NEW CONSTRUCTION REFORMS 

Sec. 101. Selection criteria. 

Sec. 102. Development cost limitations. 

Sec. 103. Owner deposits. 

Sec. 104. Definition of private nonprofit organization. 

Sec. 105. Nonmetropolitan allocation. 


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TITLE II—REFINANCING 

Sec. 201. Approval of prepayment of debt. 

Sec. 202. Use of unexpended amounts. 

Sec. 203. Use of project residual receipts. 

Sec. 204. Additional provisions. 

TITLE III—ASSISTED LIVING FACILITIES AND SERVICE-ENRICHED 

HOUSING 

Sec. 301. Amendments to the grants for conversion of elderly housing to assisted 

living facilities. 

Sec. 302. Monthly assistance payment under rental assistance. 

TITLE IV—NATIONAL SENIOR HOUSING CLEARINGHOUSE 

Sec. 401. National senior housing clearinghouse. 

1 TITLE I—NEW CONSTRUCTION 

2 REFORMS 

3 SEC. 101. SELECTION CRITERIA. 

4 Section 202(f)(1) of the Housing Act of 1959 (12 

5 U.S.C. 1701q(f)(1)) is amended— 

6 (1) by redesignating subparagraphs (F) and (G) 

7 as subparagraphs (G) and (H), respectively; and 

8 (2) by inserting after subparagraph (E) the fol9 lowing new subparagraph: 

10 ‘‘(F) the extent to which the applicant has en11 sured that a service coordinator will be employed or 

12 otherwise retained for the housing, who has the mana13 gerial capacity and responsibility for carrying out 

14 the actions described in subparagraphs (A) and (B) 

15 of subsection (g)(2);’’. 

16 SEC. 102. DEVELOPMENT COST LIMITATIONS. 

17 Section 202(h)(1) of the Housing Act of 1959 (12 

18 U.S.C. 1701q(h)(1)) is amended, in the matter preceding 


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1 subparagraph (A), by inserting ‘‘reasonable’’ before ‘‘devel2 opment cost limitations’’. 

3 SEC. 103. OWNER DEPOSITS. 

4 Section 202(j)(3)(A) of the Housing Act of 1959 (12 

5 U.S.C. 1701q(j)(3)(A)) is amended by inserting after the 

6 period at the end the following: ‘‘Such amount shall be used 

7 only to cover operating deficits during the first 3 years of 

8 operations and shall not be used to cover construction short9 falls or inadequate initial project rental assistance 

10 amounts.’’. 

11 SEC. 104. DEFINITION OF PRIVATE NONPROFIT ORGANIZA12 TION. 

13 Section 202(k)(4) of the Housing Act of 1959 (12 

14 U.S.C. 1701q(k)(4)) is amended to read as follows: 

15 ‘‘(4) The term ‘private nonprofit organization’ 

16 means— 

17 ‘‘(A) any incorporated private institution 

18 or foundation— 

19 ‘‘(i) no part of the net earnings of 

20 which inures to the benefit of any member, 

21 founder, contributor, or individual; 

22 ‘‘(ii) which has a governing board— 

23 ‘‘(I) the membership of which is 

24 selected in a manner to assure that 

25 there is significant representation of 


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1 the views of the community in which 

2 such housing is located; and 

3 ‘‘(II) which is responsible for the 

4 operation of the housing assisted under 

5 this section, except that, in the case of 

6 a nonprofit organization that is the 

7 sponsoring organization of multiple 

8 housing projects assisted under this 

9 section, the Secretary may determine 

10 the criteria or conditions under which 

11 financial, compliance and other ad12 ministrative responsibilities exercised 

13 by a single-entity private nonprofit or14 ganization that is the owner corpora15 tion responsible for the operation of an 

16 individual housing project may be 

17 shared or transferred to the governing 

18 board of such sponsoring organization; 

19 and 

20 ‘‘(iii) which is approved by the Sec21 retary as to financial responsibility; and 

22 ‘‘(B) a for-profit limited partnership the 

23 sole general partner of which is— 

24 ‘‘(i) an organization meeting the re25 quirements under subparagraph (A); 


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1 ‘‘(ii) a for-profit corporation wholly 

2 owned and controlled by one or more orga3 nizations meeting the requirements under 

4 subparagraph (A); or 

5 ‘‘(iii) a limited liability company 

6 wholly owned and controlled by one or more 

7 organizations meeting the requirements 

8 under subparagraph (A).’’. 

9 SEC. 105. NONMETROPOLITAN ALLOCATION. 

10 Paragraph (3) of section 202(l) of the Housing Act of 

11 1959 (12 U.S.C. 1701q(l)(3)) is amended by inserting after 

12 the period at the end the following: ‘‘In complying with this 

13 paragraph, the Secretary shall either operate a national 

14 competition for the nonmetropolitan funds or make alloca15 tions to regional offices of the Department of Housing and 

16 Urban Development.’’. 

17 TITLE II—REFINANCING 

18 SEC. 201. APPROVAL OF PREPAYMENT OF DEBT. 

19 Subsection (a) of section 811 of the American Home20 ownership and Economic Opportunity Act of 2000 (12 

21 U.S.C. 1701q note) is amended— 

22 (1) in the matter preceding paragraph (1), by 

23 inserting ‘‘, for which the Secretary’s consent to pre24 payment is required,’’ after ‘‘Affordable Housing 

25 Act)’’; 


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1 (2) in paragraph (1)— 

2 (A) by inserting ‘‘at least 20 years fol3 lowing’’ before ‘‘the maturity date’’; 

4 (B) by inserting ‘‘project-based’’ before 

5 ‘‘rental assistance payments contract’’; 

6 (C) by inserting ‘‘project-based’’ before 

7 ‘‘rental housing assistance programs’’; and 

8 (D) by inserting ‘‘, or any successor project9 based rental assistance program,’’ after 

10 ‘‘1701s))’’; 

11 (3) by amending paragraph (2) to read as fol12 lows: 

13 ‘‘(2) the prepayment may involve refinancing of 

14 the loan if such refinancing results in— 

15 ‘‘(A) a lower interest rate on the principal 

16 of the loan for the project and in reductions in 

17 debt service related to such loan; or 

18 ‘‘(B) a transaction in which the project 

19 owner will address the physical needs of the 

20 project, but only if, as a result of the refi21 nancing— 

22 ‘‘(i) the rent charges for unassisted 

23 families residing in the project do not in24 crease or such families are provided rental 

25 assistance under a senior preservation rentVerDate Mar 15 2010 00:57 Dec 01, 2010 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S118.RS S118

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1 al assistance contract for the project pursu2 ant to subsection (e); and 

3 ‘‘(ii) the overall cost for providing 

4 rental assistance under section 8 for the 

5 project (if any) is not increased, except, 

6 upon approval by the Secretary to— 

7 ‘‘(I) mark-up-to-market contracts 

8 pursuant to section 524(a)(3) of the 

9 Multifamily Assisted Housing Reform 

10 and Affordability Act (42 U.S.C. 1437f 

11 note), as such section is carried out by 

12 the Secretary for properties owned by 

13 nonprofit organizations; or 

14 ‘‘(II) mark-up-to-budget contracts 

15 pursuant to section 524(a)(4) of the 

16 Multifamily Assisted Housing Reform 

17 and Affordability Act (42 U.S.C. 1437f 

18 note), as such section is carried out by 

19 the Secretary for properties owned by 

20 eligible owners (as such term is defined 

21 in section 202(k) of the Housing Act of 

22 1959 (12 U.S.C. 1701q(k)); and’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(3) notwithstanding paragraph (2)(A), the pre25 payment and refinancing authorized pursuant to 


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1 paragraph (2)(B) involves an increase in debt service 

2 only in the case of a refinancing of a project assisted 

3 with a loan under such section 202 carrying an inter4 est rate of 6 percent or lower.’’. 

5 SEC. 202. USE OF UNEXPENDED AMOUNTS. 

6 Subsection (c) of section 811 of the American Home7 ownership and Economic Opportunity Act of 2000 (12 

8 U.S.C. 1701q note) is amended— 

9 (1) by striking ‘‘USE OF UNEXPENDED

10 AMOUNTS.—’’ and inserting ‘‘USE OF PROCEEDS.— 

11 ’’; 

12 (2) by amending the matter preceding paragraph 

13 (1) to read as follows: ‘‘Upon execution of the refi14 nancing for a project pursuant to this section, the 

15 Secretary shall ensure that proceeds are used in a 

16 manner advantageous to tenants of the project, or are 

17 used in the provision of affordable rental housing and 

18 related social services for elderly persons that are ten19 ants of the project or are tenants of other HUD-as20 sisted senior housing by the private nonprofit organi21 zation project owner, private nonprofit organization 

22 project sponsor, or private nonprofit organization 

23 project developer, including—’’; 

24 (3) by amending paragraph (1) to read as fol25 lows: 


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1 ‘‘(1) not more than 15 percent of the cost of in2 creasing the availability or provision of supportive 

3 services, which may include the financing of service 

4 coordinators and congregate services, except that upon 

5 the request of the non-profit owner, sponsor, or orga6 nization and determination of the Secretary, such 15 

7 percent limitation may be waived to ensure that the 

8 use of unexpended amounts better enables seniors to 

9 age in place;’’; 

10 (4) in paragraph (2), by inserting before the 

11 semicolon the following; ‘‘, including reducing the 

12 number of units by reconfiguring units that are func13 tionally obsolete, unmarketable, or not economically 

14 viable’’; 

15 (5) in paragraph (3), by striking ‘‘or’’ at the 

16 end; 

17 (6) in paragraph (4), by striking ‘‘according to 

18 a pro rata allocation of shared savings resulting from 

19 the refinancing.’’ and inserting a semicolon; and 

20 (7) by adding at the end the following new para21 graphs: 

22 ‘‘(5) rehabilitation of the project to ensure long23 term viability; and 


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1 ‘‘(6) the payment to the project owner, sponsor, 

2 or third party developer of a developer’s fee in an 

3 amount not to exceed or duplicate— 

4 ‘‘(A) in the case of a project refinanced 

5 through a State low income housing tax credit 

6 program, the fee permitted by the low income 

7 housing tax credit program as calculated by the 

8 State program as a percentage of acceptable de9 velopment cost as defined by that State program; 

10 or 

11 ‘‘(B) in the case of a project refinanced 

12 through any other source of refinancing, 15 per13 cent of the acceptable development cost. 

14 For purposes of paragraph (6)(B), the term ‘acceptable de15 velopment cost’ shall include, as applicable, the cost of ac16 quisition, rehabilitation, loan prepayment, initial reserve 

17 deposits, and transaction costs.’’. 

18 SEC. 203. USE OF PROJECT RESIDUAL RECEIPTS. 

19 Paragraph (1) of section 811(d) of the American 

20 Homeownership and Economic Opportunity Act of 2000 

21 (12 U.S.C. 1701q note) is amended— 

22 (1) by striking ‘‘not more than 15 percent of’’; 

23 and 


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1 (2) by inserting before the period at the end the 

2 following: ‘‘or other purposes approved by the Sec3 retary’’. 

4 SEC. 204. ADDITIONAL PROVISIONS. 

5 Section 811 of the American Homeownership and Eco6 nomic Opportunity Act of 2000 (12 U.S.C. 1701q note) is 

7 amended by adding at the end the following new sub8 sections: 

9 ‘‘(e) SENIOR PRESERVATION RENTAL ASSISTANCE

10 CONTRACTS.—Notwithstanding any other provision of law, 

11 in connection with a prepayment plan for a project ap12 proved under subsection (a) by the Secretary or as otherwise 

13 approved by the Secretary to prevent displacement of elder14 ly residents of the project in the case of refinancing or re15 capitalization and to further preservation and affordability 

16 of such project, the Secretary shall provide project-based 

17 rental assistance for the project under a senior preservation 

18 rental assistance contract, as follows: 

19 ‘‘(1) Assistance under the contract shall be made 

20 available to the private nonprofit organization 

21 owner— 

22 ‘‘(A) for a term of at least 20 years, subject 

23 to annual appropriations; and 

24 ‘‘(B) under the same rules governing 

25 project-based rental assistance made available 


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1 under section 8 of the Housing Act of 1937 or 

2 under the rules of such assistance as may be 

3 made available for the project. 

4 ‘‘(2) Any projects for which a senior preservation 

5 rental assistance contract is provided shall be subject 

6 to a use agreement to ensure continued project afford7 ability having a term of the longer of (A) the term 

8 of the senior preservation rental assistance contract, 

9 or (B) such term as is required by the new financing. 

10 ‘‘(f) SUBORDINATION OR ASSUMPTION OF EXISTING

11 DEBT.—In lieu of prepayment under this section of the in12 debtedness with respect to a project, the Secretary may ap13 prove— 

14 ‘‘(1) in connection with new financing for the 

15 project, the subordination of the loan for the project 

16 under section 202 of the Housing Act of 1959 (as in 

17 effect before the enactment of the Cranston-Gonzalez 

18 National Affordable Housing Act) and the continued 

19 subordination of any other existing subordinate debt 

20 previously approved by the Secretary to facilitate 

21 preservation of the project as affordable housing; or 

22 ‘‘(2) the assumption (which may include the sub23 ordination described in paragraph (1)) of the loan for 

24 the project under such section 202 in connection with 


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1 the transfer of the project with such a loan to a pri2 vate nonprofit organization. 

3 ‘‘(g) FLEXIBLE SUBSIDY DEBT.—The Secretary shall 

4 waive the requirement that debt for a project pursuant to 

5 the flexible subsidy program under section 201 of the Hous6 ing and Community Development Amendments of 1978 (12 

7 U.S.C. 1715z–1a) be prepaid in connection with a prepay8 ment, refinancing, or transfer under this section of a project 

9 if the financial transaction or refinancing cannot be com10 pleted without the waiver. 

11 ‘‘(h) TENANT INVOLVEMENT IN PREPAYMENT AND RE12 FINANCING.—The Secretary shall not accept an offer to pre13 pay the loan for any project under section 202 of the Hous14 ing Act of 1959 unless the Secretary— 

15 ‘‘(1) has determined that the owner of the project 

16 has notified the tenants of the owner’s request for ap17 proval of a prepayment; and 

18 ‘‘(2) has determined that the owner of the project 

19 has provided the tenants with an opportunity to com20 ment on the owner’s request for approval of a prepay21 ment, including on the description of any anticipated 

22 rehabilitation or other use of the proceeds from the 

23 transaction, and its impacts on project rents, tenant 

24 contributions, or the affordability restrictions for the 


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1 project, and that the owner has responded to such 

2 comments in writing. 

3 ‘‘(i) DEFINITION OF PRIVATE NONPROFIT ORGANIZA4 TION.—For purposes of this section, the term ‘private non5 profit organization’ has the meaning given such term in 

6 section 202(k) of the Housing Act of 1959 (12 U.S.C. 

7 1701q(k)).’’. 

8 TITLE III—ASSISTED LIVING FA9 CILITIES AND SERVICE-EN10 RICHED HOUSING 

11 SEC. 301. AMENDMENTS TO THE GRANTS FOR CONVERSION 

12 OF ELDERLY HOUSING TO ASSISTED LIVING 

13 FACILITIES. 

14 (a) TECHNICAL AMENDMENT.—The section heading for 

15 section 202b of the Housing Act of 1959 (12 U.S.C. 1701q16 2) is amended by inserting ‘‘AND OTHER PURPOSES’’ 

17 after ‘‘ASSISTED LIVING FACILITIES’’. 

18 (b) EXTENSION OF GRANT AUTHORITY.—Section 

19 202b(a)(2) of the Housing Act of 1959 (12 U.S.C. 1701q20 2(a)(2)) is amended— 

21 (1) by striking ‘‘(2) CONVERSION.—Activities’’ 

22 and inserting the following: 

23 ‘‘(2) CONVERSION.— 

24 ‘‘(A) ASSISTED LIVING FACILITIES.—Activi25 ties’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(B) SERVICE-ENRICHED HOUSING.—Ac3 tivities designed to convert dwelling units in the 

4 eligible project to service-enriched housing for el5 derly persons.’’. 

6 (c) AMENDMENT TO APPLICATION PROCESS.—Section 

7 202b(c)(1) of the Housing Act of 1959 (12 U.S.C. 1701q8 2(c)(1)) is amended by inserting ‘‘for either an assisted liv9 ing facility or service-enriched housing’’ after ‘‘activities’’. 

10 (d) REQUIREMENTS FOR SERVICES.—Section 202b(d) 

11 of the Housing Act of 1959 (12 U.S.C. 1701q-2(d)) is 

12 amended to read as follows: 

13 ‘‘(d) REQUIREMENTS FOR SERVICES.— 

14 ‘‘(1) SUFFICIENT EVIDENCE OF FIRM FUNDING

15 COMMITMENTS.—The Secretary may not make a 

16 grant under this section for conversion activities un17 less an application for a grant submitted pursuant to 

18 subsection (c) contains sufficient evidence, in the de19 termination of the Secretary, of firm commitments for 

20 the funding of services to be provided in the assisted 

21 living facility or service-enriched housing, which may 

22 be provided by third parties. 

23 ‘‘(2) REQUIRED EVIDENCE.—The Secretary shall 

24 require evidence that each recipient of a grant for 

25 service-enriched housing under this section provides 


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1 relevant and timely disclosure of information to resi2 dents or potential residents of such housing relating 

3 to— 

4 ‘‘(A) the services that will be available at 

5 the property to each resident, including— 

6 ‘‘(i) the right to accept, decline, or 

7 choose such services and to have the choice 

8 of provider; 

9 ‘‘(ii) the services made available by or 

10 contracted through the grantee; 

11 ‘‘(iii) the identity of, and relevant in12 formation for, all agencies or organizations 

13 providing any services to residents, which 

14 agencies or organizations shall provide in15 formation regarding all procedures and re16 quirements to obtain services, any charges 

17 or rates for the services, and the rights and 

18 responsibilities of the residents related to 

19 those services; 

20 ‘‘(B) the availability, identity, contact in21 formation, and role of the service coordinator; 

22 and 

23 ‘‘(C) such other information as the Sec24 retary determines to be appropriate to ensure 

25 that residents are adequately informed of the 


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1 services options available to promote resident 

2 independence and quality of life.’’. 

3 (e) AMENDMENTS TO SELECTION CRITERIA.—Section 

4 202b(e) of the Housing Act of 1959 (12 U.S.C. 1701q-2(e)) 

5 is amended— 

6 (1) in paragraph (2)— 

7 (A) by inserting ‘‘or service-enriched hous8 ing’’ after ‘‘facilities’’; and 

9 (B) by inserting ‘‘service-enriched housing’’ 

10 after ‘‘facility’’; 

11 (2) in paragraph (5), by inserting ‘‘or service12 enriched housing’’ after ‘‘facility’’; and 

13 (3) in paragraph (6), by inserting ‘‘or service14 enriched housing’’ after ‘‘facility’’. 

15 (f) AMENDMENTS TO SECTION 8 PROJECT-BASED AS16 SISTANCE.—Section 202b(f) of the Housing Act of 1959 (12 

17 U.S.C. 1701q-2(f)) is amended— 

18 (1) in paragraph (1), by inserting ‘‘or service19 enriched housing’’ after ‘‘facilities’’ each time that 

20 term appears; and 

21 (2) in paragraph (2), by inserting ‘‘or service22 enriched housing’’ after ‘‘facility’’. 

23 (g) AMENDMENTS TO DEFINITIONS.—Section 202b(g) 

24 of the Housing Act of 1959 (12 U.S.C. 1701q-2(g)) is 

25 amended to read as follows: 


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1 ‘‘(g) DEFINITIONS.—For purposes of this section— 

2 ‘‘(1) the term ‘assisted living facility’ has the 

3 meaning given such term in section 232(b) of the Na4 tional Housing Act (1715w(b)); 

5 ‘‘(2) the term ‘service-enriched housing’ means 

6 housing that— 

7 ‘‘(A) makes available through licensed or 

8 certified third party service providers supportive 

9 services to assist the residents in carrying out 

10 activities of daily living, such as bathing, dress11 ing, eating, getting in and out of bed or chairs, 

12 walking, going outdoors, using the toilet, laun13 dry, home management, preparing meals, shop14 ping for personal items, obtaining and taking 

15 medication, managing money, using the tele16 phone, or performing light or heavy housework, 

17 and which may make available to residents home 

18 health care services, such as nursing and ther19 apy; 

20 ‘‘(B) includes the position of service coordi21 nator, which may be funded as an operating ex22 pense of the property; ; 

23 ‘‘(C) provides separate dwelling units for 

24 residents, each of which contains a full kitchen 

25 and bathroom and which includes common 


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1 rooms and other facilities appropriate for the 

2 provision of supportive services to the residents 

3 of the housing; and 

4 ‘‘(D) provides residents with control over 

5 health care and supportive services decisions, in6 cluding the right to accept, decline, or choose 

7 such services, and to have the choice of provider; 

8 and 

9 ‘‘(3) the definitions in section 1701(q)(k) of this 

10 title shall apply.’’. 

11 SEC. 302. MONTHLY ASSISTANCE PAYMENT UNDER RENTAL 

12 ASSISTANCE. 

13 Clause (iii) of section 8(o)(18)(B) of the United States 

14 Housing Act of 1937 (42 U.S.C. 1437f(o)(18)(B)(iii)) is 

15 amended by inserting before the period at the end the fol16 lowing: ‘‘, except that a family may be required at the time 

17 the family initially receives such assistance to pay rent in 

18 an amount exceeding 40 percent of the monthly adjusted 

19 income of the family by such an amount or percentage that 

20 is reasonable given the services and amenities provided and 

21 as the Secretary deems appropriate.’’. 


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1 TITLE IV—NATIONAL SENIOR 

2 HOUSING CLEARINGHOUSE 

3 SEC. 401. NATIONAL SENIOR HOUSING CLEARINGHOUSE. 

4 (a) ESTABLISHMENT.—Not later than 360 days after 

5 the date of enactment of this Act, the Secretary of Housing 

6 and Urban Development shall establish and operate a clear7 inghouse to serve as a national repository to receive, collect, 

8 process, assemble, and disseminate information regarding 

9 the availability and quality of multifamily developments 

10 for elderly tenants, including— 

11 (1) the availability of— 

12 (A) supportive housing for the elderly pur13 suant to section 202 of the Housing Act of 1959 

14 (12 U.S.C. 1701q), including any housing unit 

15 assisted with a project rental assistance contract 

16 under such section; 

17 (B) properties and units eligible for assist18 ance under section 8 of the United States Hous19 ing Act of 1937 (42 U.S.C. 1437f); 

20 (C) properties eligible for the low-income 

21 housing tax credit under section 42 of the Inter22 nal Revenue Code of 1986; 

23 (D) units in assisted living facilities in24 sured pursuant to section 221(d)(4) of the Na25 tional Housing Act (12 U.S.C. 1715l(d)(4)); 


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1 (E) units in any multifamily project that 

2 has been converted into an assisted living facility 

3 for elderly persons pursuant to section 202b of 

4 the Housing Act of 1959 (12 U.S.C. 1701q–2); 

5 and 

6 (F) any other federally assisted or sub7 sidized housing for the elderly; 

8 (2) the number of available units in each prop9 erty, project, or facility described in paragraph (1); 

10 (3) the number of bedrooms in each available 

11 unit in each property, project, or facility described in 

12 paragraph (1); 

13 (4) the estimated cost to a potential tenant to 

14 rent or reside in each available unit in each property, 

15 project, or facility described in paragraph (1); 

16 (5) the presence of a waiting list for entry into 

17 any available unit in each property, project, or facil18 ity described in paragraph (1); 

19 (6) the number of persons on the waiting list for 

20 entry into any available unit in each property, 

21 project, or facility described in paragraph (1); 

22 (7) the amenities available in each available unit 

23 in each property, project, or facility described in 

24 paragraph (1), including— 


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1 (A) the services provided by such property, 

2 project, or facility; 

3 (B) the size and availability of common 

4 space within each property, project, or facility; 

5 (C) the availability of organized activities 

6 for individuals residing in such property, 

7 project, or facility; and 

8 (D) any other additional amenities avail9 able to individuals residing in such property, 

10 project, or facility; 

11 (8) the level of care (personal, physical, or nurs12 ing) available to individuals residing in any prop13 erty, project, or facility described in paragraph (1); 

14 (9) whether there is a service coordinator in any 

15 property, project, or facility described in paragraph 

16 (1); and 

17 (10) any other criteria determined appropriate 

18 by the Secretary. 

19 (b) COLLECTION AND UPDATING OF INFORMATION.— 

20 (1) INITIAL COLLECTION.—Not later than 180 

21 days after the date of enactment of this Act, the Sec22 retary of Housing and Urban Development shall con23 duct a survey requesting information from each owner 

24 of a property, project, or facility described in subVerDate Mar 15 2010 00:57 Dec 01, 2010 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\S118.RS S118

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1 section (a)(1) regarding the provisions described in 

2 paragraphs (2) through (10) of such subsection. 

3 (2) RESPONSE TIME.—Not later than 60 days 

4 after receiving the request described under paragraph 

5 (1), the owner of each such property, project, or facil6 ity shall submit such information to the Secretary of 

7 Housing and Urban Development. 

8 (3) PUBLIC AVAILABILITY.—Not later than 120 

9 days after the Secretary of Housing and Urban Devel10 opment receives the submission of any information re11 quired under paragraph (2), the Secretary shall make 

12 such information publicly available through the clear13 inghouse. 

14 (4) UPDATES.—The Secretary of Housing and 

15 Urban Development shall conduct a biennial survey 

16 of each owner of a property, project, or facility de17 scribed in subsection (a)(1) for the purpose of updat18 ing or modifying information provided in the initial 

19 collection of information under paragraph (1). Not 

20 later than 30 days after receiving such a request, the 

21 owner of each such property, project, or facility shall 

22 submit such updates or modifications to the Sec23 retary. Not later than 60 days after receiving such 

24 updates or modifications, the Secretary shall inform 


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1 the clearinghouse of such updated or modified infor2 mation. 

3 (c) FUNCTIONS.—The clearinghouse established under 

4 subsection (a) shall— 

5 (1) respond to inquiries from State and local 

6 governments, other organizations, and individuals re7 questing information regarding the availability of 

8 housing in multifamily developments for elderly ten9 ants; 

10 (2) make such information publicly available via 

11 the Internet website of the Department of Housing 

12 and Urban Development, which shall include— 

13 (A) access via electronic mail; and 

14 (B) an easily searchable, sortable, 

15 downloadable, and accessible index that itemizes 

16 the availability of housing in multifamily devel17 opments for elderly tenants by State, county, 

18 and zip code; 

19 (3) establish a toll-free number to provide the 

20 public with specific information regarding the avail21 ability of housing in multifamily developments for el22 derly tenants; and 

23 (4) perform any other duty that the Secretary 

24 determines necessary to achieve the purposes of this 

25 section. 


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1 (d) RELATIONSHIP WITH OTHER DATABASES.—The 

2 Secretary of Housing and Urban Development may make 

3 the clearinghouse established under subsection (a) a part 

4 of any other multifamily housing database the Secretary 

5 is required to establish. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

7 authorized to be appropriated such sums as necessary to 

8 carry out this section. 


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Calendar No. 657 

111TH CONGRESS 

2D SESSION S. 118 

A BILL 

To amend section 202 of the Housing Act of 1959, 

purposes. supportive housing for the elderly, and for other to improve the program under such section for 

NOVEMBER 30, 2010 

Reported with an amendment 


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