‘‘(j) DEFINITION OF PRIVATE NONPROFIT ORGANIZA-
TION.—For purposes of this section, the term ‘private non-
profit organization’ has the meaning given such term in 
section 202(k) of the Housing Act of 1959 (12 U.S.C. 
1701q(k)).’’. 
TITLE III—ASSISTED LIVING 
FACILITIES 
SEC. 301. 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 in-
serting the following new paragraph: 
‘‘(1) the term ‘assisted living facility’ means a 
facility that— 
‘‘(A) is owned by a private nonprofit orga-
nization; and 
‘‘(B)(i) is licensed and regulated by the 
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 
recognized and experienced third party service 
providers, to residents at the resident’s request or 
choice supportive services to assist the residents 
in carrying out the activities of daily living, 
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such as bathing, dressing, eating, getting in and 
our of bed or chairs, walking, going outdoors, 
toileting, laundry, home management, preparing 
meals, shopping for personal items, obtaining 
and taking medication, managing money, using 
the telephone, or performing light of heavy house-
work, and which may make available to resi-
dents home health care service, such as nursing 
and therapy, and certain health related services; 
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. 302. 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. 1437f(o)(18)(B)(iii)) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘, 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 
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income of the family by such an amount or percentage as 
the Secretary deems appropriate’’. 
TITLE 
IV—FACILITATING 
AF-
FORDABLE HOUSING PRESER-
VATION TRANSACTIONS 
SEC. 401. USE OF SALE OR REFINANCING PROCEEDS. 
Notwithstanding any other provision of law, in con-
nection with the sale or refinancing of a multifamily hous-
ing project, or the transfer of an assistance contract on such 
a property, that requires the approval of the Secretary of 
Housing and Urban Development, the Secretary shall not 
impose any condition that restricts the amount or use of 
sale or refinancing proceeds, or requires the filing of a fi-
nancial report, unless such condition is expressly authorized 
by an existing contract entered into between the Secretary 
(or the Secretary’s designee) and the project owner before 
the imposition of a condition prohibited by this section or 
is a general condition for new financing with a mortgage 
insured by the Secretary. Any such condition previously 
imposed by the Secretary after January 1, 2005, shall, at 
the option of the project owner, be considered void and not 
enforceable, and any agreement containing such a condition 
shall be rescinded and may be reissued without the void 
condition. 
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