150 
tation needs shall be determined in accordance with 
paragraph (2)(C).’’. 
SEC. 514. FUNDING FOR TENANT AND OTHER PARTICIPA-
TION AND CAPACITY BUILDING. 
Paragraph (3) of section 514(f) of the Multifamily 
Assisted Housing Reform and Affordability Act of 1997 
(42 U.S.C. 1437f note) is amended— 
(1) in subparagraph (A)— 
(A) in the first sentence— 
(i) by striking ‘‘not more than’’ and 
inserting ‘‘not less than’’; 
(ii) by striking ‘‘of low-income housing 
for which project-based rental assistance is 
provided at below market rent levels and 
may not be renewed’’ and inserting the fol-
lowing: ‘‘and improvement of low-income 
housing for which project-based rental as-
sistance, subsidized loans, or enhanced 
vouchers under section 8(t) are provided’’; 
and 
(iii) 
in 
the 
second 
parenthetical 
clause, by inserting before the closing pa-
renthesis 
the 
following: 
‘‘, 
and 
predevelopment assistance to enable such 
transfers’’; and 
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(B) by inserting after the period at the end 
the following: ‘‘For outreach and training of 
tenants and technical assistance, the Secretary 
shall implement a grant program utilizing per-
formance-based outcome measures for eligible 
costs incurred. Recipients providing capacity 
building or technical assistance services to ten-
ant groups shall be qualified nonprofit State-
wide, countywide, area-wide or citywide organi-
zations with demonstrated experience including 
at least a two-year recent track record of orga-
nizing and providing assistance to tenants, and 
independence from the owner, a prospective 
purchaser, or their managing agents. The Sec-
retary may provide assistance and training to 
grantees in administrative and fiscal manage-
ment to ensure compliance with applicable Fed-
eral requirements. The Secretary shall expedite 
the provision of funding for the fiscal year in 
which the date of the enactment of the Housing 
Preservation and Tenant Protection Act of 
2010 occurs by entering into new multi-year 
contracts with any prior grantee without ad-
verse audit findings or whose adverse audit 
findings have been cleared, and by entering into 
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an interagency agreement for not less than 
$1,000,000 with the Corporation for National 
and Community Service or any other agency of 
the Federal Government, that is selected by the 
Secretary and the Secretary determines is 
qualified to conduct such program, to conduct 
a tenant outreach and training program under 
the same or similar terms and conditions as 
was most recently conducted by the Corpora-
tion. The Secretary shall also make available 
flexible grants to qualified nonprofit organiza-
tions that do not own eligible multifamily prop-
erties, for tenant outreach in underserved areas, 
and to experienced national or regional non-
profit organizations to provide specialized train-
ing or support to grantees assisted under this 
section. Notwithstanding any other provision of 
law, funds authorized under this section for any 
fiscal year shall be available for obligation in 
subsequent fiscal years. The Secretary shall re-
quire each recipient of amounts made available 
pursuant to this subparagraph to submit to the 
Secretary reports, on a quarterly basis, detail-
ing the use of such funds and including such in-
formation as the Secretary shall require.’’; and 
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153 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(D) PROHIBITIONS.—None of the funds 
made available under subparagraph (A) may be 
used for any political activities, political advo-
cacy, or lobbying (as such terms are defined by 
Circular A–122 of the Office of Management 
and Budget, entitled ‘Cost Principles for Non- 
Profit Organizations’), or for expenses for trav-
el to engage in political activities or preparation 
of or provision of advice on tax returns. 
‘‘(E) PROGRAM COMPLIANCE SYSTEMS.— 
Each recipient of amounts made available under 
subparagraph (A) shall develop systems to en-
sure compliance with the program and the re-
quirements of this paragraph. 
‘‘(F) PENALTIES.—The Secretary may im-
pose penalties on any recipient of amounts 
made available under subparagraph (A) that 
fails to comply with any requirement under this 
paragraph or of the program established pursu-
ant to this paragraph, which penalties may in-
clude— 
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154 
‘‘(i) ineligibility for further assistance 
from amounts made available under sub-
paragraph (A); and 
‘‘(ii) requiring the recipient to reim-
burse the Secretary for any amounts that 
were so misused.’’. 
TITLE VI—PRESERVATION 
DATABASE 
SEC. 601. PRESERVATION DATABASE. 
(a) UNIQUE IDENTIFIER.—The Secretary of Housing 
and Urban Development, in consultation with the Sec-
retary of Agriculture, shall establish a unique alpha-
numeric identifier for each covered multifamily property 
(as such term is defined in subsection (i)). A property 
shall have only one such identifier, regardless of whether 
such property is receiving more than one of the forms of 
assistance identified in subsection (i). 
(b) PUBLIC AVAILABILITY OF INFORMATION.—The 
Secretary of Housing and Urban Development shall re-
quire the submission of information and make publicly 
available such information about each covered multifamily 
property, which information shall include the following: 
(1) The unique identifier for the property estab-
lished pursuant to subsection (a). 
(2) The name of the property. 
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(3) The address and geographical coordinates of 
the property. 
(4) The name of, and contact information for, 
the owner (or owners) or sponsor (or sponsors) of 
the property. 
(5) A characterization of the type of owners or 
sponsors of the property (such as nonprofit or for- 
profit). 
(6) The name of, and contact information for, 
the property management company. 
(7) The year that the property was built or 
placed in service. 
(8) The total number of dwelling units in the 
property. 
(9) The total number of dwelling units in the 
property of each size (such as studio units, 1-bed-
room units, or 2-bedroom units). 
(10) The average income of tenants residing in 
dwelling units in the property receiving project-based 
rental assistance, according to the most recent avail-
able information. 
(11) For each size of dwelling unit in the prop-
erty, the contract rents for such dwelling units. 
(12) For each size of dwelling unit in the prop-
erty, the ratio of the contract rents for such dwelling 
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(18) For each form of assistance identified in 
subsection (i) that is provided for the property, a 
characterization of occupancy restrictions applicable 
to the property (such as restrictions limiting occu-
pancy to only elderly, disabled, or families). 
(19) For each form of assistance identified in 
subsection (i) that is provided for the property, any 
limitations on the incomes of tenants applicable to 
the assistance. 
(20) For each form of assistance identified in 
subsection (i) that is provided for the property, the 
day, month, and year that any affordability or low- 
income use restrictions applicable to the property 
first applied. 
(21) For each form of assistance identified in 
subsection (i) that is provided for the property, the 
day, month, and year that any affordability or low- 
income use restrictions applicable to the property 
will terminate. 
(22) For each form of assistance identified in 
subsection (i) that is provided for the property, the 
day, month, and year of any early termination date 
for such form of assistance after which any afford-
ability or low-income use restrictions will not nec-
essarily apply to the property (such as the termi-
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nation of the compliance period for any low-income 
housing tax credit for the property or the date that 
a loan or mortgage for the property held or insured 
by the Secretary is first eligible for prepayment). 
(23) Any notices, plans, and information relat-
ing to the property required under the Low-Income 
Housing Preservation and Resident Homeownership 
Act of 1990 (12 U.S.C. 4101 et seq.), including any 
notice of intent to prepay a mortgage under section 
212 of such Act, information provided under section 
216 of such Act by the Secretary, second notice of 
intent under section 216(d) of such Act, plan of ac-
tion under section 217 of such Act, and notice of ap-
proval of a plan of action under section 225 of such 
Act. 
(24) Any notice of a request to terminate an in-
surance contract under title II of the National 
Housing Act for a loan or mortgage on the property. 
(25) Any notice of a request to prepay a loan 
or mortgage on the property insured under title II 
of the National Housing Act and an indication of 
whether such request was made in conjunction with 
a refinance application under such title. 
(26) Any notice under section 8(c)(8) of the 
United States Housing Act of 1937 of proposed ter-
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mination of an assistance contract under such sec-
tion for the property. 
(27) A description of any notice indicating an 
intention of the owner in selling the property. 
(28) Any other information as the Secretary or 
the designee of the Secretary determines is appro-
priate. 
(c) MEANS.— 
(1) AVAILABILITY
THROUGH
WORLD
WIDE 
WEB.—The information made available pursuant to 
subsection (b) shall be made available to the public 
through a World Wide Web site of the Department 
of Housing and Urban Development. 
(2) SEARCHABLE
ELECTRONIC
DATABASE.— 
Such information shall be made available in a 
searchable electronic database format that allows for 
the data for each of the forms of assistance specified 
in subsection (i) to be aggregated in a single data-
base. 
(3) USE
OF
EXISTING
SYSTEMS
AND
DATA-
BASES.—The requirements of subsection (b) may be 
met by adapting existing systems or databases to in-
clude the unique identifier established pursuant to 
subsection (a) and the information specified in sub-
section (b). 
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(4) ANNUAL AND QUARTERLY LIST.—At least 
annually, the Secretary shall update and make avail-
able a list of properties receiving one of more forms 
of assistance specified in subsection (i). At least on 
a quarterly basis, the Secretary shall make available 
through a World Wide Web site of the Department 
of Housing and Urban Development a list of prop-
erties receiving one or more forms of assistance 
specified in subsection (i). Each such annual and 
quarterly list shall include, for each such property, 
the unique identifier established pursuant to sub-
section (a) and the information specified in para-
graphs (1) through (3) of subsection (b). 
(d) UPDATING.—The information made available 
pursuant to subsection (b) shall be updated not less than 
annually or in accordance with any rules or practice appli-
cable to the subsidy program involved that require infor-
mation to be made available more frequently. Any histor-
ical databases shall remain available to the public through 
a World Wide Web site of the Department of Housing and 
Urban Development. 
(e) INITIAL AVAILABILITY.—The Secretary of Hous-
ing and Urban Development shall make information ini-
tially publicly available pursuant to this section not later 
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161 
than the expiration of the 18-month period beginning on 
the date of the enactment of this Act. 
(f) INFORMATION FROM DEPARTMENT
OF AGRI-
CULTURE.—The Secretary of Agriculture shall take such 
actions as may be necessary to ensure that information 
regarding any covered multifamily properties described in 
paragraphs (1)(E) and (3)(G) of subsection (i) that is suf-
ficient for the Secretary of Housing and Urban Develop-
ment to comply with the requirements of this section, with 
respect to such properties, is timely made available to the 
Secretary of Housing and Urban Development. 
(g) INFORMATION FROM SECRETARY OF THE TREAS-
URY.—The Secretary of the Treasury shall take such ac-
tions as may be necessary to ensure that information re-
garding any covered multifamily properties described in 
paragraphs (4) and (6) of subsection (i) that is sufficient 
for the Secretary of Housing and Urban Development to 
comply with the requirements of this section, with respect 
to such properties, is timely made available to the Sec-
retary of Housing and Urban Development. 
(h) GRANTS TO STATES AND LOCALITIES.— 
(1) AUTHORITY.—The Secretary of Housing 
and Urban Development shall, to the extent amounts 
are made available for grants under this subsection, 
make grants to States and units of local government 
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162 
to enable such entities to collect and make available 
to the public information about State and local as-
sistance provided to covered multifamily properties 
identified in databases developed by the Secretary 
pursuant to this section or to other properties as-
sisted by such States and units of local government. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary of Housing and Urban Development for 
grants under this subsection such sums as may be 
necessary in each fiscal year to carry out this sub-
section. 
(i) COVERED MULTIFAMILY PROPERTIES.—For pur-
poses of this section, the term ‘‘covered multifamily prop-
erty’’ means a property consisting of more than 4 rental 
dwelling units, which property— 
(1) is covered in whole or in part by a contract 
for assistance that is attached to the structure 
under— 
(A) section 8 of the United States Housing 
Act of 1937 (42 U.S.C. 1437f), including— 
(i) subsections (b) and (o)(13) of such 
section 8; 
(ii) the new construction and substan-
tial rehabilitation program under such sec-
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165 
(5) is financed in whole or part with amounts 
from the Housing Trust Fund established under sec-
tion 1338 of the Federal Housing Enterprises Fi-
nancial Safety and Soundness Act of 1992 (12 
U.S.C. 4568); or 
(6) is financed in whole or in part with the pro-
ceeds from a bond issued pursuant to section 141 or 
142 of the Internal Revenue Code of 1986 (26 
U.S.C. 141, 142). 
(j) PROTECTION OF INFORMATION.—This title shall 
not be construed to require disclosure of Social Security 
numbers, personal tax returns, or any other personal fi-
nancial information of or concerning individuals who have 
an interest in the ownership or management entities of 
covered housing. 
TITLE 
VII—SECTION 
202 
SUP-
PORTIVE HOUSING FOR THE 
ELDERLY 
SEC. 701. SHORT TITLE AND TABLE OF CONTENTS. 
This title may be cited as the ‘‘Section 202 Sup-
portive Housing for the Elderly Act of 2010’’. 
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Subtitle A—New Construction 
Reforms 
SEC. 711. PROJECT RENTAL ASSISTANCE. 
Paragraph (2) of section 202(c) of the Housing Act 
of 1959 (12 U.S.C. 1701q(c)(2)) is amended— 
(1) by inserting after ‘‘ASSISTANCE.—’’ the fol-
lowing: ‘‘(A) INITIAL PROJECT RENTAL ASSISTANCE 
CONTRACT.—’’; 
(2) in the last sentence, by striking ‘‘may’’ and 
inserting ‘‘shall’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) RENEWAL OF AND INCREASES IN CON-
TRACT AMOUNTS.— 
‘‘(i) EXPIRATION OF CONTRACT TERM.— 
Upon the expiration of each contract term, the 
Secretary shall adjust the annual contract 
amount to provide for reasonable project costs, 
and any increases, including adequate reserves, 
supportive services, and service coordinators. 
‘‘(ii) EMERGENCY
SITUATIONS.—In the 
event of emergency situations that are outside 
the control of the owner, the Secretary shall in-
crease the annual contract amount, subject to 
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167 
reasonable review and limitations as the Sec-
retary shall provide.’’. 
SEC. 712. SELECTION CRITERIA. 
Section 202(f)(1) of the Housing Act of 1959 (12 
U.S.C. 1701q(f)) is amended— 
(1) by redesignating subparagraphs (F) and 
(G) as subparagraphs (G) and (H), respectively; and 
(2) by inserting after subparagraph (E): 
‘‘(F) the extent to which the applicant has en-
sured that a service coordinator will be employed or 
otherwise retained for the housing, who has the 
managerial capacity and responsibility for carrying 
out the actions described in subparagraphs (A) and 
(B) of subsection (g)(2);’’. 
SEC. 713. DEVELOPMENT COST LIMITATIONS. 
Section 202(h)(1) of the Housing Act of 1959 (12 
U.S.C. 1701q(h)(1)) is amended, in the matter preceding 
subparagraph (A), by inserting ‘‘reasonable’’ before ‘‘de-
velopment cost limitations’’. 
SEC. 714. OWNER DEPOSITS. 
Section 202(j)(3)(A) of the Housing Act of 1959 (12 
U.S.C. 1701q(j)(3)(A)) is amended by inserting after the 
period at the end the following: ‘‘Such amount shall be 
used only to cover operating deficits during the first 3 
years of operations and shall not be used to cover con-
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struction shortfalls or inadequate initial project rental as-
sistance amounts.’’. 
SEC. 715. DEFINITION OF PRIVATE NONPROFIT ORGANIZA-
TION. 
Paragraph (4) of section 202(k) of the Housing Act 
of 1959 (12 U.S.C. 1701q(k)(4)) is amended to read as 
follows: 
‘‘(4) The term ‘‘private nonprofit organization’’ 
means— 
‘‘(A) any incorporated private institution 
or foundation— 
‘‘(i) no part of the net earnings of 
which inures to the benefit of any member, 
founder, contributor, or individual; 
‘‘(ii) which has a governing board— 
‘‘(I) the membership of which is 
selected in a manner to assure that 
there is significant representation of 
the views of the community in which 
such housing is located, except that, 
in the case of any organization that is 
the 
sponsor 
of 
multiple 
housing 
projects assisted under this section, 
the organization may comply with this 
subclause by having a local advisory 
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169 
board for each community to the gov-
erning board of the organization, the 
membership of which is selected in the 
manner required under this subclause; 
and 
‘‘(II) which is responsible for the 
operation of the housing assisted 
under this section; and 
‘‘(iii) which is approved by the Sec-
retary as to financial responsibility; 
‘‘(B) a for-profit limited partnership the 
sole general partner of which is— 
‘‘(i) an organization meeting the re-
quirements under subparagraphs (A); or 
‘‘(ii) a for-profit corporation wholly 
owned and controlled by one or more orga-
nizations meeting the requirements under 
subparagraph (A); and 
‘‘(C) a limited liability company wholly 
owned or controlled by one or more organiza-
tions meeting the requirements under subpara-
graph (A).’’. 
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170 
SEC. 716. PREFERENCES FOR HOMELESS ELDERLY. 
Subsection (j) of section 202 of the Housing Act of 
1959 (12 U.S.C. 1701q(j)) is amended by adding at the 
end the following new paragraph: 
‘‘(9) PREFERENCES
FOR
HOMELESS
ELDER-
LY.—The Secretary shall permit an owner of hous-
ing assisted under this section to establish for, and 
apply to, such housing a preference in tenant selec-
tion for the homeless elderly, either within the appli-
cation or after selection pursuant to subsection (f), 
but only if— 
‘‘(A) such preference is consistent with 
paragraph (2); and 
‘‘(B) the owner demonstrates that the sup-
portive services identified pursuant to sub-
section (e)(4), or additional supportive services 
to be made available upon implementation of 
the preference, will meet the needs of the home-
less elderly, maintain safety and security for all 
tenants, and be provided on a consistent, long- 
term, and economical basis.’’. 
SEC. 717. NONMETROPOLITAN ALLOCATION. 
Paragraph (3) of section 202(l) of the Housing Act 
of 1959 (12 U.S.C. 1701q(l)(3)) is amended by inserting 
after the period at the end the following: ‘‘In complying 
with this paragraph, the Secretary shall either operate a 
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171 
national competition for the nonmetropolitan funds or 
make allocations to regional offices of the Department of 
Housing and Urban Development.’’. 
Subtitle B—Refinancing 
SEC. 721. APPROVAL OF PREPAYMENT OF DEBT. 
Subsection (a) of section 811 of the American Home-
ownership and Economic Opportunity Act of 2000 (12 
U.S.C. 1701q note) is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘, for which the Secretary’s consent to pre-
payment is required,’’ after ‘‘Affordable Housing 
Act)’’; 
(2) in paragraph (1)— 
(A) by inserting ‘‘at least 30 years fol-
lowing’’ before ‘‘the maturity date’’; 
(B) by inserting ‘‘project-based’’ before 
‘‘rental assistance payments contract’’; 
(C) by inserting ‘‘project-based’’ before 
‘‘rental housing assistance programs’’; and 
(D) by inserting ‘‘, or any successor 
project-based rental assistance program,’’ after 
‘‘1701s))’’; 
(3) by amending paragraph (2) to read as fol-
lows: 
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‘‘(2) the prepayment may involve refinancing of 
the loan if such refinancing results in— 
‘‘(A) a lower interest rate on the principal 
of the loan for the project and in reductions in 
debt service related to such loan; or 
‘‘(B) a transaction in which the project 
owner will address the physical needs of the 
project, but only if, as a result of the refi-
nancing— 
‘‘(i) the rent charges for unassisted 
families residing in the project do not in-
crease or such families are provided rental 
assistance under a senior preservation 
rental assistance contract for the project 
pursuant to subsection (e); and 
‘‘(ii) the overall cost for providing 
rental assistance under section 8 for the 
project (if any) is not increased, except, 
upon approval by the Secretary to— 
‘‘(I) mark-up-to-market contracts 
pursuant to section 524(a)(3) of the 
Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (42 
U.S.C. 1437f note), as such section is 
carried out by the Secretary for prop-
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173 
erties owned by nonprofit organiza-
tions; or 
‘‘(II) 
mark-up-to-budget 
con-
tracts pursuant to section 524(a)(4) 
of the Multifamily Assisted Housing 
Reform and Affordability Act of 1997 
(42 U.S.C. 1437f note), as such sec-
tion is carried out by the Secretary 
for properties owned by eligible own-
ers (as such term is defined in section 
202(k) of the Housing Act of 1959 
(12 U.S.C. 1701q(k)); and’’; and 
(4) by adding at the end the following: 
‘‘(3) notwithstanding paragraph (2)(A), the 
prepayment and refinancing authorized pursuant to 
paragraph (2)(B) involves an increase in debt service 
only in the case of a refinancing of a project assisted 
with a loan under such section 202 carrying an in-
terest rate of 6 percent or lower.’’. 
SEC. 722. SOURCES OF REFINANCING. 
The last sentence of section 811(b) of the American 
Homeownership and Economic Opportunity Act of 2000 
(12 U.S.C. 1701q note) is amended— 
(1) by inserting after ‘‘National Housing Act,’’ 
the following: ‘‘or approving the standards used by 
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authorized lenders to underwrite a loan refinanced 
with risk sharing as provided by section 542 of the 
Housing and Community Development Act of 1992 
(12 U.S.C. 1701 note),’’; and 
(2) by striking ‘‘may’’ and inserting ‘‘shall’’. 
SEC. 723. USE OF UNEXPENDED AMOUNTS. 
Subsection (c) of section 811 of the American Home-
ownership and Economic Opportunity Act of 2000 (12 
U.S.C. 1701q note) is amended— 
(1) 
by 
striking 
‘‘USE
OF
UNEXPENDED 
AMOUNTS.—’’ 
and 
inserting 
‘‘USE
OF
PRO- 
CEEDS.—’’; 
(2) by amending the matter preceding para-
graph (1) to read as follows: ‘‘Upon execution of the 
refinancing for a project pursuant to this section, 
the Secretary shall ensure that proceeds are used in 
a manner advantageous to tenants of the project, or 
are used in the provision of affordable rental hous-
ing and related social services for elderly persons 
that are tenants of the project or of other projects 
assisted with a loan under section 202 of the Hous-
ing Act of 1959 (12 U.S.C. 1701q) by the private 
nonprofit organization project owner, private non-
profit organization project sponsor, or private non-
profit organization project developer, including—’’; 
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(3) in paragraph (1), by striking ‘‘not more 
than 15 percent of’’; 
(4) in paragraph (2), by inserting before the 
semicolon the following; ‘‘, including reducing the 
number of units by reconfiguring units that are 
functionally obsolete, unmarketable, or not economi-
cally viable’’; 
(5) in paragraph (3), by striking ‘‘or’’ at the 
end; 
(6) in paragraph (4), by striking ‘‘according to 
a pro rata allocation of shared savings resulting 
from the refinancing.’’ and inserting a semicolon; 
and 
(7) by adding at the end the following new 
paragraphs: 
‘‘(5) rehabilitation of the project to ensure long- 
term viability; 
‘‘(6) the payment to the project owner, sponsor, 
or third party developer of a developer’s fee in an 
amount not to exceed or duplicate— 
‘‘(A) in the case of a project refinanced 
through a State low income housing tax credit 
program, the fee permitted by the low income 
housing tax credit program as calculated by the 
State program as a percentage of acceptable de-
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176 
velopment cost as defined by that State pro-
gram; or 
‘‘(B) in the case of a project refinanced 
through any other source of refinancing, 15 
percent of the acceptable development cost; and 
‘‘(7) the payment of equity, if any, to— 
‘‘(A) in the case of a sale, to the seller or 
the sponsor of the seller, in an amount equal to 
the lesser of the purchase price or the appraised 
value of the project, as each is reduced by the 
cost of prepaying any outstanding indebtedness 
on the project and transaction costs of the sale; 
or 
‘‘(B) in the case of a refinancing without 
the transfer of the project, to the project owner 
or the project sponsor, in an amount equal to 
the difference between the appraised value of 
the project less the outstanding indebtedness 
and total acceptable development cost. 
For purposes of paragraphs (6)(B) and (7)(B), the term 
‘‘acceptable development cost’’ shall include, as applicable, 
the cost of acquisition, rehabilitation, loan prepayment, 
initial reserve deposits, and transaction costs.’’. 
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177 
SEC. 724. USE OF PROJECT RESIDUAL RECEIPTS. 
Paragraph (1) of section 811(d) of the American 
Homeownership and Economic Opportunity Act of 2000 
(12 U.S.C. 1701q note) is amended— 
(1) by striking ‘‘not more than 15 percent of’’; 
and 
(2) by inserting before the period at the end the 
following: ‘‘or other purposes approved by the Sec-
retary’’. 
SEC. 725. ADDITIONAL PROVISIONS. 
Section 811 of the American Homeownership and 
Economic Opportunity Act of 2000 (12 U.S.C. 1701q 
note) is amended by adding at the end the following new 
subsections: 
‘‘(e) SENIOR PRESERVATION RENTAL ASSISTANCE 
CONTRACTS.—Notwithstanding any other provision of 
law, in connection with a prepayment plan for a project 
approved under subsection (a) by the Secretary or as oth-
erwise approved by the Secretary to prevent displacement 
of elderly residents of the project in the case of refinancing 
or recapitalization and to further preservation and afford-
ability of such project, the Secretary shall provide project- 
based rental assistance for the project under a senior pres-
ervation rental assistance contract, as follows: 
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178 
‘‘(1) Assistance under the contract shall be 
made available to the private nonprofit organization 
owner— 
‘‘(A) for a term of at least 20 years, sub-
ject to annual appropriations; and 
‘‘(B) under the same rules governing 
project-based rental assistance made available 
under section 8 of the Housing Act of 1937 or 
under the rules governing such other assistance 
as may be made available for the project. 
‘‘(2) Any projects for which a senior preserva-
tion rental assistance contract is provided shall be 
subject to a use agreement to ensure continued 
project affordability having a term of the longer of 
(A) the term of the senior preservation rental assist-
ance contract, or (B) such term as is required by the 
new financing. 
‘‘(f) SUBORDINATION OR ASSUMPTION OF EXISTING 
DEBT.—In lieu of prepayment under this section of the 
indebtedness with respect to a project, the Secretary may 
approve— 
‘‘(1) in connection with new financing for the 
project, the subordination of the loan for the project 
under section 202 of the Housing Act of 1959 (as 
in effect before the enactment of the Cranston-Gon-
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179 
zalez National Affordable Housing Act) and the con-
tinued subordination of any other existing subordi-
nate debt previously approved by the Secretary to 
facilitate preservation of the project as affordable 
housing; or 
‘‘(2) the assumption (which may include the 
subordination described in paragraph (1)) of the 
loan for the project under such section 202 in con-
nection with the transfer of the project with such a 
loan to a private nonprofit organization. 
‘‘(g) FLEXIBLE
SUBSIDY
DEBT.—The Secretary 
shall waive the requirement that debt for a project pursu-
ant to the flexible subsidy program under section 201 of 
the Housing and Community Development Amendments 
of 1978 (12 U.S.C. 1715z–1a) be prepaid in connection 
with a prepayment, refinancing, or transfer under this sec-
tion of a project if such waiver is necessary for the finan-
cial feasibility of the transaction and is consistent with 
the long-term preservation of the project as affordable 
housing. 
‘‘(h) TENANT INVOLVEMENT IN PREPAYMENT AND 
REFINANCING.—The Secretary shall not accept an offer 
to prepay the loan for any project under section 202 of 
the Housing Act of 1959 unless the Secretary has— 
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180 
‘‘(1) determined that the owner of the project 
has notified the tenants of the owner’s request for 
approval of a prepayment; 
‘‘(2) determined that the owner of the project 
has provided the tenants with an opportunity to 
comment on the owner’s request for approval of a 
prepayment, including a description of any antici-
pated rehabilitation or other use of the proceeds 
from the transaction, and its impacts on project 
rents, tenant contributions, or the affordability re-
strictions for the project; and 
‘‘(3) taken such comments into consideration. 
‘‘(i) DEFINITION OF PRIVATE NONPROFIT ORGANI-
ZATION.—For purposes of this section, the term ‘private 
nonprofit organization’ has the meaning given such term 
in section 202(k) of the Housing Act of 1959 (12 U.S.C. 
1701q(k)).’’. 
Subtitle C—Assisted Living 
Facilities 
SEC. 731. DEFINITION OF ASSISTED LIVING FACILITY. 
Section 202b(g) of the Housing Act of 1959 (12 
U.S.C. 1701q–2(g)) is amended by striking paragraph (1) 
and inserting the following new paragraph: 
‘‘(1) the term ‘assisted living facility’ means a 
facility that— 
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181 
‘‘(A) is owned by a private nonprofit orga-
nization; and 
‘‘(B)(i) is licensed and regulated by a 
State (or if there is no State law providing for 
such licensing and regulation by the State, by 
the municipality or other political subdivision in 
which the facility is located); or 
‘‘(ii)(I) 
makes 
available, 
directly 
or 
through licensed or certified third party service 
providers, to residents at the resident’s request 
or choice supportive services to assist the resi-
dents in carrying out the activities of daily liv-
ing, as described in section 232(b)(6)(B) of the 
National 
Housing 
Act 
(12 
U.S.C. 
1715w(b)(6)(B)); and 
‘‘(II) provides separate dwelling units for 
residents, each of which may contain a full 
kitchen and bathroom and which includes com-
mon rooms and other facilities appropriate for 
the provision of supportive services to the resi-
dents of the facility; and’’. 
SEC. 732. MONTHLY ASSISTANCE PAYMENT UNDER RENTAL 
ASSISTANCE. 
Clause (iii) of section 8(o)(18)(B) of the United 
States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
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1437f(o)(18)(B)(iii)) is amended by inserting before the 
period at the end the following: ‘‘, except that a family 
may be required at the time the family initially receives 
such assistance to pay rent in an amount exceeding 40 
percent of the monthly adjusted income of the family by 
such an amount or percentage that is reasonable given the 
services and amenities provided and as the Secretary 
deems appropriate.’’. 
Subtitle D—National Senior 
Housing Clearinghouse 
SEC. 741. NATIONAL SENIOR HOUSING CLEARINGHOUSE. 
(a) ESTABLISHMENT.—Not later than 12 months 
after the date of enactment of this Act, the Secretary of 
Housing and Urban Development (in this section referred 
to as the ‘‘Secretary’’) shall establish and operate a clear-
inghouse to serve as a national repository to receive, col-
lect, process, assemble, and disseminate information re-
garding the availability and quality of multifamily develop-
ments for elderly tenants, including— 
(1) the availability of— 
(A) supportive housing for the elderly pur-
suant to section 202 of the Housing Act of 
1959 (12 U.S.C. 1701q), including any housing 
unit assisted with a project rental assistance 
contract under such section; 
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183 
(B) properties and units eligible for assist-
ance under section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f); 
(C) properties eligible for the low-income 
housing tax credit under section 42 of the In-
ternal Revenue Code of 1986; 
(D) units in assisted living facilities in-
sured pursuant to section 221(d)(4) of the Na-
tional Housing Act (12 U.S.C. 1715l(d)(4)); 
(E) units in any multifamily project that 
has been converted into an assisted living facil-
ity for elderly persons pursuant to section 202b 
of the Housing Act of 1959 (12 U.S.C. 1701q– 
2); and 
(F) any other federally assisted or sub-
sidized housing for the elderly; 
(2) the number of available units in each prop-
erty, project, or facility described in paragraph (1); 
(3) the number of bedrooms in each available 
unit in each property, project, or facility described in 
paragraph (1); 
(4) the estimated cost to a potential tenant to 
rent or reside in each available unit in each prop-
erty, project, or facility described in paragraph (1); 
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(5) the presence of a waiting list for entry into 
any available unit in each property, project, or facil-
ity described in paragraph (1); 
(6) the number of persons on the waiting list 
for entry into any available unit in each property, 
project, or facility described in paragraph (1); 
(7) the amenities available in each available 
unit in each property, project, or facility described in 
paragraph (1), including— 
(A) the services provided by such property, 
project, or facility; 
(B) the size and availability of common 
space within each property, project, or facility; 
(C) the availability of organized activities 
for individuals residing in such property, 
project, or facility; and 
(D) any other additional amenities avail-
able to individuals residing in such property, 
project, or facility; 
(8) the level of care (personal, physical, or nurs-
ing) available to individuals residing in any property, 
project, or facility described in paragraph (1); 
(9) whether there is a service coordinator in 
any property, project, or facility described in para-
graph (1); and 
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(10) any other criteria determined appropriate 
by the Secretary. 
(b) COLLECTION
AND
UPDATING
OF
INFORMA-
TION.— 
(1) INITIAL COLLECTION.—Not later than 180 
days after the date of enactment of this Act, the 
Secretary shall conduct an annual survey requesting 
information from each owner of a property, project, 
or facility described in subsection (a)(1) regarding 
the provisions described in paragraphs (2) through 
(11) of such subsection. 
(2) RESPONSE TIME.—Not later than 60 days 
after receiving the request described under para-
graph (1), the owner of each such property, project, 
or facility shall submit such information to the Sec-
retary. 
(3) PUBLIC AVAILABILITY.—Not later than 120 
days after the Secretary receives the submission of 
any information required under paragraph (2), the 
Secretary shall make such information publicly avail-
able through the clearinghouse. 
(4) UPDATES.—The Secretary shall conduct a 
biennial survey of each owner of a property, project, 
or facility described in subsection (a)(1) for the pur-
pose of updating or modifying information provided 
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186 
in the initial collection of information under para-
graph (1). Not later than 30 days after receiving 
such a request, the owner of each such property, 
project, or facility shall submit such updates or 
modifications to the Secretary. Not later than 60 
days after receiving such updates or modifications, 
the Secretary shall inform the clearinghouse of such 
updated or modified information. 
(c) FUNCTIONS.—The clearinghouse established 
under subsection (a) shall— 
(1) respond to inquiries from State and local 
governments, other organizations, and individuals re-
questing information regarding the availability of 
housing in multifamily developments for elderly ten-
ants; 
(2) make such information publicly available via 
the Internet website of the Department of Housing 
and Urban Development, which shall include— 
(A) access via electronic mail; and 
(B) 
an 
easily 
searchable, 
sortable, 
downloadable, and accessible index that itemizes 
the availability of housing in multifamily devel-
opments for elderly tenants by State, county, 
and zip code; 
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187 
(3) establish a toll-free number to provide the 
public with specific information regarding the avail-
ability of housing in multifamily developments for el-
derly tenants; and 
(4) perform any other duty that the Secretary 
determines necessary to achieve the purposes of this 
section. 
(d) RELATIONSHIP WITH OTHER DATABASES.—In 
carrying out this section, the Secretary may make the 
clearinghouse a part of any other multifamily housing 
database that the Secretary maintains or is otherwise re-
quired to establish pursuant to this Act or any other provi-
sion of law. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as necessary 
to carry out this section. 
TITLE VIII—RURAL HOUSING 
PRESERVATION 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Rural Housing Preser-
vation Act of 2010’’. 
SEC. 802. PRESERVATION OF MULTIFAMILY HOUSING. 
(a) PRESERVATION PROGRAM.—Title V of the Hous-
ing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by 
adding at the end the following new section: 
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194 
‘‘(A) the terms of the financial restruc-
turing plan for the project, including any pres-
ervation incentives to be provided; 
‘‘(B) an agreement by the project owner— 
‘‘(i) to continue the property use re-
strictions with respect to the project in ac-
cordance with this title for a period of— 
‘‘(I) 30 years, or 
‘‘(II) the remaining term of any 
loans under this title for the project, 
whichever ends later; 
‘‘(ii) to comply with the long-term via-
bility plan for the project; and 
‘‘(iii) to comply with the rent terms 
under subsection (f) for the project; 
‘‘(C) provisions terminating the agreement 
if any material preservation incentives for the 
project to be provided under the agreement are 
no longer available and the Secretary deter-
mines that such unavailability is not the fault 
of the owner; 
‘‘(D) any rent terms for the project pursu-
ant to subsection (f); 
‘‘(E) a covenant which runs with the land; 
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