I 
112TH CONGRESS 
2D SESSION 
H. R. 6394 
To facilitate affordable workforce homeownership in, and develop the full- 
time resident communities of, high tourism areas, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 13, 2012 
Mr. POLIS (for himself, Mr. HINOJOSA, and Mr. QUIGLEY) introduced the fol-
lowing bill; which was referred to the Committee on Financial Services, 
and in addition to the Committee on Energy and Commerce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To facilitate affordable workforce homeownership in, and de-
velop the full-time resident communities of, high tourism 
areas, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Affordable Housing 
Regulation Simplification Act of 2012’’. 
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SEC. 2. INAPPLICABILITY OF CERTAIN FANNIE MAE AND 
FREDDIE MAC GUIDELINES TO AFFORDABLE 
WORKFORCE HOUSING MORTGAGES. 
(a) FANNIE MAE.—Subsection (b) of section 302 of 
the Federal National Mortgage Association Charter Act 
(12 U.S.C. 1717(b)) is amended by adding at the end the 
following new paragraph: 
‘‘(7) MORTGAGES
FOR AFFORDABLE WORKFORCE 
HOUSING.— 
‘‘(A) EXEMPTIONS
FROM
GUIDELINES.—Not-
withstanding any other provision of law— 
‘‘(i) the corporation may purchase, service, 
sell, lend on the security of, and otherwise deal 
in any affordable workforce housing mortgage; 
and 
‘‘(ii) any requirements and guidelines of 
the corporation that are inconsistent with the 
authority under clause (i) shall not apply to any 
affordable workforce housing mortgage. 
‘‘(B) 
AFFORDABLE
WORKFORCE
HOUSING 
MORTGAGES.—For purposes of this paragraph, the 
term ‘affordable workforce housing mortgage’ means 
a mortgage that meets the following requirements: 
‘‘(i) PROPERTY.—The mortgage shall be 
made for the purchase of, and secured by, a 
one-family residence that— 
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‘‘(I) shall be used as the residence of 
the mortgagor for not less than 8 of any 
12 months and 240 days of any 365 days; 
‘‘(II) is located within or is part of a 
multifamily housing development— 
‘‘(aa) that consists of 5 or more 
dwelling units or a mixed-use develop-
ment that is not less than 50 percent 
residential, as defined in the legal de-
scription of the property in the pur-
chase contract or mortgage or title 
documents relating to such purchase; 
‘‘(bb) of which not less than 25 
percent of the dwelling units in the 
development are owner-occupied; ex-
cept that the requirement under this 
item shall be considered to be com-
plied with, with respect to a develop-
ment, unless verifiable public records 
indicate an owner-occupancy rate for 
the development of less than 25 per-
cent; 
‘‘(cc) that provides individual, 
centralized, or any other method of 
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metering for energy use of the con-
stituent dwelling units; and 
‘‘(dd) that may include dwelling 
units that are used for the sole pur-
pose of short-term rentals and may 
provide such services as a staffed 
front desk, a concierge, or other 
amenities consistent with providing 
customer service for non-owner occu-
pied or short-term rental units in the 
development, including marketing that 
describes the property as a lodge, re-
sort, or other similar facility; 
and any multifamily housing development 
that otherwise complies with the require-
ments under this subclause may not be 
considered ineligible because the develop-
ment or any portion of the development is 
called or referred to as a ‘condotel’, ‘condo- 
hotel’, ‘lodge’, or any other title; 
‘‘(III) is subject to resale restrictions 
that— 
‘‘(aa) are recorded with the ap-
propriate public registry for recording 
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of titles and interests in real estate; 
and 
‘‘(bb) terminate upon foreclosure 
or execution of any deed-in-lieu-of- 
foreclosure; and 
‘‘(IV) is located in an area that, at 
the time of the origination of the mort-
gage, is a high tourism area. 
‘‘(ii) MORTGAGOR
INCOME.—The house-
hold of the mortgagor shall have a gross house-
hold income— 
‘‘(I) that does not exceed 160 percent 
of the area median income, as determined 
and updated by the Secretary of Housing 
and Urban Development or the Director of 
the Federal Housing Finance Agency on 
an annual basis; and 
‘‘(II) not less than 75 percent of 
which is earned from positions the dis-
charge of whose duties involved physical 
presence in one or more high tourism 
areas. 
‘‘(iii) EMPLOYMENT.—The mortgagor or 
another member of the mortgagor’s house-
hold— 
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‘‘(I) has been employed, during the 6- 
month period ending upon execution of the 
mortgage, in a position or multiple posi-
tions the discharge of whose duties in-
volved physical presence in one or more 
high tourism areas, in the aggregate, for 
an average of not less than 30 hours per 
week; 
‘‘(II) is employed at the time of the 
execution of the mortgage in a position or 
multiple positions the discharge of whose 
duties involve physical presence in one or 
more high tourism areas, in the aggregate, 
for an average of not less than 30 hours 
per week and the duration of such employ-
ment in such position is expected to last at 
least 6 months; 
‘‘(III) is 60 years of age or older and, 
during the 5-year period ending up the 
mortgagor’s retirement from employment 
was employed in a position or positions the 
discharge of whose duties involved physical 
presence in one or more high tourism areas 
for— 
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‘‘(aa) an average of not less than 
30 hours per week; and 
‘‘(bb) for not less than 8 months 
per year; 
‘‘(IV) is a person with disabilities (as 
such term is defined in section 811(k) of 
the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013)) who— 
‘‘(aa) was employed, during the 
2-year period ending upon becoming 
disabled, in a position or positions de-
scribed in subclause (I) or (II); or 
‘‘(bb) is employed in a position or 
positions described in subclause (I) or 
(II), except that the 30-hour require-
ment under such subclauses shall not 
apply to such person if— 
‘‘(AA) compliance with such 
requirement would make such 
person 
ineligible 
for 
benefits 
made available for persons with 
disabilities through a program of 
any State agency for develop-
mental disabilities or through the 
supplemental 
security 
income 
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program under title XVI of the 
Social Security Act; and 
‘‘(BB) such person works 
the maximum number of hours 
per week allowable for eligibility 
for benefits under such program; 
or 
‘‘(V) is the head of household in a 
household that includes one or more de-
pendents, at least one of whom is at the 
time of the execution of the mortgage 5 
years of age or younger or is enrolled full- 
time in a school in a high tourism area. 
‘‘(iv) CONFORMING
LOAN.—The original 
principal obligation of the mortgage shall com-
ply with the applicable dollar amount limita-
tions established pursuant to paragraph (2). 
‘‘(C) HIGH TOURISM AREA.—For purposes of 
this paragraph, the term ‘high tourism area’ means 
a county that is designated as a high tourism county 
pursuant to section 5 of the Affordable Housing 
Regulation Simplification Act of 2012.’’. 
(b) FREDDIE MAC.—Subsection (a) of section 305 of 
the Federal Home Loan Mortgage Corporation Act (12 
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U.S.C. 1454(a)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(6) MORTGAGES
FOR AFFORDABLE WORKFORCE 
HOUSING.— 
‘‘(A) EXEMPTIONS
FROM
GUIDELINES.—Not-
withstanding any other provision of law— 
‘‘(i) the Corporation may purchase, service, 
sell, lend on the security of, and otherwise deal 
in any affordable workforce housing mortgage; 
and 
‘‘(ii) any requirements and guidelines of 
the Corporation that are inconsistent with the 
authority under clause (i) shall not apply to any 
affordable workforce housing mortgage. 
‘‘(B) 
AFFORDABLE
WORKFORCE
HOUSING 
MORTGAGES.—For purposes of this paragraph, the 
term ‘affordable workforce housing mortgage’ means 
a mortgage that meets the following requirements: 
‘‘(i) PROPERTY.—The mortgage shall be 
made for the purchase of, and secured by, a 
one-family residence that— 
‘‘(I) shall be used as the residence of 
the mortgagor for not less than 8 of any 
12 months and 240 days of any 365 days; 
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‘‘(II) is located within or is part of a 
multifamily housing development— 
‘‘(aa) that consists of 5 or more 
dwelling units or a mixed-use develop-
ment that is not less than 50 percent 
residential, as defined in the legal de-
scription of the property in the pur-
chase contract or mortgage or title 
documents relating to such purchase; 
‘‘(bb) of which not less than 25 
percent of the dwelling units in the 
development are owner-occupied; ex-
cept that the requirement under this 
item shall be considered to be com-
plied with, with respect to a develop-
ment, unless verifiable public records 
indicate an owner-occupancy rate for 
the development of less than 25 per-
cent; 
‘‘(cc) that provides individual, 
centralized, or any other method of 
metering for energy use of the con-
stituent dwelling units; and 
‘‘(dd) that may include dwelling 
units that are used for the sole pur-
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