| HR. 1227 | Senate Draft |
| Sec 1. Short title | Gulf Coast Housing Recovery Act of 2007 | Same |
| Sec 2. | Limitation on use of authorized amounts for lobbying | Same |
| Federal Funds | |
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| Flexibility of Federal Funds for Road Home Program | Allows Louisiana to use FEMA funds for Road Home Program even though Road Home provides less funding if moving out of state unless a homeowners is elderly. (Sec. 101) | Same (Sec 101) |
| New Orleans Redevelopment Authority (NORA) Pilot Program | Requires Louisiana to make available from emergency CDBG funds, $15 million to NORA for a pilot program to purchase and bundle properties, then sell for redevelopment. Requires GAO to monitor and submit quarterly reports on any waste, fraud and abuse in the pilot. Requires the Financial Services and Banking Committees to hold hearings within 60 days of a report that waste, fraud and abuse exceeds 10 percent of the program.(Sec 101) | Requires Louisiana to make available from emergency CDBG funds, $50 million to NORA for a pilot program to purchase and bundle properties, then sell for redevelopment. Unlike H.R. 1227, requires that land be offered to the original landowner only where consistent with redevelopment plans. Adds the following requirements: (1) that if used as housing, plans be included for housing low- and very-low income families (2) any development under the pilot be consistent with neighborhood revitalization plans; and (3) where properties are available in neighborhoods where public housing redevelopment is occurring, consideration be given to making those properties available to meet the replacement housing requirements of this act. Requires GAO to conduct a study after the 2 year pilot program, and requires HUD conduct monitoring and submit quarterly reports on waste, fraud and abuse. Where waste, fraud and abuse are significant, requires a report by the GAO within 90 days. (Sec 102) |
| Treatment of Benefits Under Road Home Program | Allows Louisiana to disregard payments from insurance or disaster assistance from FEMA in determining amounts households receive under the Road Home program, so long as no household receives a windfall gain. (Sec 102) | Allows the State to disregard payments from insurance or disaster assistance from FEMA, or small business loans in determining amounts households receive under the Road Home program, only so long as a household does not receive more than is necessary to repair/rebuild their home and pay for temporary housing and relocation. (Sec 103) |
| Road Home Program Funding |
| Authorizes such sums as may be necessary to funds the Road Home program, provided that Louisiana spends at least $1 billion of its own funds on the program. (Sec. 103) |
| Match Requirement | Allows the use of federal CDBG funds for the match requirements of federal programs. (Sec 103) | Same (Sec. 104) |
| Environmental Reviews | Where FEMA has done an environmental review, that review satisfies all other reviews required by states, local governments and others (Sec 103) | No longer requires dual federal environmental reviews if the reviews are substantially similar. (Sec. 104) |
| Reimbursement of Amounts Used for rental Housing | Authorizes appropriations from any un-obligated disaster assistance funds for cities and counties that used CDBG funds for providing rental assistance to hurricane victims. (Sec 104) | Same, but adds language to ensure that reimbursement is only if cities and counties have not been paid for this already. (Sec 105) |
| Public Housing |
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| Survey of Public Housing Residents | Requires HUD to provide for a survey to be conducted of those who resided in New Orleans public housing prior to Katrina. Requires residents be asked if they want to return to repaired public housing or comparable unit in New Orleans or continue receiving rental assistance from the federal government. Requires that residents be consulted in the design of the survey, and that a report be submitted in 60 days. (Sec 201) | Requires HUD to contract with an independent research entity to conduct a survey of those who resided in New Orleans public housing prior to Katrina. Requires that households be asked if they want to return to a public housing or comparable unit in New Orleans, return to New Orleans with rental assistance or continue receiving rental assistance in a location other than New Orleans. Requires that residents be consulted and that a report be submitted within 75 days. (Sec 201) |
| Housing for Public Housing Residents in New Orleans | Requires that by August 31, 2007, the Housing Authority of New Orleans (HANO) make available the greater of 3,000 units, or the number of households surveyed under section 201 who want to return to public housing. Establishes a right of return for any former public housing resident who gives notice to HANO by August 1, 2007, except those convicted of certain crimes or who constitute threats to public safety. Requires HANO to provide public housing or other comparable housing, in the following order: in the same building, if available, same census tract, adjacent census tract, same neighborhood. Priority for occupancy is for those who are employed, contributing towards community service, or families being reunited.(Sec 202) | Requires that by October 30, 2007, the Housing Authority of New Orleans (HANO) make available the greater of 3,000 units, or the number of households surveyed under section 201 who want to return to public housing. Requires HANO to make housing available to any former resident who is in good standing and notifies the agency by October 30, 2007of the intent to move back by January 1, 2008, except those convicted of certain crimes or who constitute threats to public safety. Requires HANO to provide public housing or other comparable housing to each returning resident with a choice to live in the same project or neighborhood, where available, or provide other housing options. Vouchers can be issued for the number of units HANO is required to make available in excess of the number of residents who want to return to public housing. If a household is unable to find housing with a voucher, other housing units must be made available. Priority for occupancy is for those who are employed, contributing towards community service, or families being reunited. (Sec 202) |
| Replacement of Public Housing Units | Requires HANO to replace any public housing unit demolished or disposed of with a public housing unit or comparable affordable unit with similar long term affordability restrictions. Where project basing vouchers as replacement units, there are no restrictions as to the percentage of HANO’s vouchers which can be project based, and no restriction on the percentage of vouchers which can be project based in any building. Any demolition/disposition must be approved by the HUD in a plan that shows there is a clear process and opportunity for residents and the community to comment, a public hearing has been convened, and the plan affirmatively furthers fair housing. Requires that in phased development, at each phase, a certain percentage of units must be made available under this section. (sec. 203) | Requires HANO to replace any public housing unit demolished or disposed of as follows: - any unit that was occupied as of Aug 28, 2005 must be replaced with a public housing unit, comparable affordable unit, or project based vouchers (attached to a unit).
- Any unit that was not occupied as of August 28, 2005 must be replaced with a voucher so long as HANO establishes a process to project base those vouchers in low-poverty neighborhoods or areas undergoing revitalization.
Where project basing vouchers as replacement housing, there are no restrictions as to the percentage of HANO’s vouchers which can be project based, and the limitation on the number of vouchers which can be project based in a single building is increased from 20% to 50%. Any demolition/disposition must be approved by HUD in a plan that shows there is a clear process and opportunity for residents and the community to comment, a public hearing has been convened, the plan affirmatively furthers fair housing, and provides for comprehensive community services (Sec. 203) |
| Housing Mobility |
| Where providing housing vouchers or non-public housing units as replacement units (Sec 203) or for returning public housing residents (Sec 202), HANO is required to provide mobility counseling to residents; conduct outreach to landlords throughout the city, and work with developers to project base assistance in low-poverty neighborhoods and neighborhoods undergoing revitalization. HANO is required to submit biannual reports on the number and location of non-public housing units provided, including location, poverty rate in the census tracts, and the rent burdens of households assisted. (Sec 204) |
| Public Housing in other Hurricane Areas | In the 2 year period following enactment, a housing agency in federally declared disaster areas (due to the 2005 hurricanes) may only transfer ownership of public housing if it enters into a binding contract to keep the housing affordable for the longest feasible period. Any demolition must be approved by HUD in a plan that shows there is a clear process and opportunity for residents and the community to comment, a public hearing has been convened, and the plan affirmatively furthers fair housing. Requires a housing authority to replace any public housing unit demolished or disposed of with a public housing unit or comparable affordable unit with long-term affordability restrictions. Requires that in phased development, at each phase, a certain percentage of units must be made available under this section. Requires public housing agencies to use their best efforts to locate tenants displaced as a result of the hurricanes and provide occupancy for those residents in public housing. Prohibits any public housing agency from displacing a resident from habitable housing without providing a comparable replacement unit. (sec 204) | In the 2 year period following enactment, a housing agency in federally declared disaster areas (due to the 2005 hurricanes) may only demolish or dispose of public housing pursuant to a plan approved by HUD that shows there is a clear process and opportunity for residents and the community to comment, a public hearing has been convened, the plan affirmatively furthers fair housing, and comprehensive resident services are provided. Requires a housing agency to replace any public housing unit demolished or disposed of as follows: - Any unit that was occupied as of Aug 28, 2005 must be replaced with a public housing unit, comparable affordable unit, or project based vouchers (attached to a unit).
- Any unit that was not occupied as of August 28, 2005 must be replaced with a voucher.
Requires public housing agencies to use their best efforts to locate tenants displaced as a result of the hurricanes and provide occupancy for those residents in public housing. (sec 205) |
| Reports on Conversions of Public Housing Units | Within 15 days of passage, HUD shall submit to the Financial Services Committee and the Banking Committee, a detailed report on all public housing projects in hurricane impacted areas for which plans exist to transfer ownership, including information on the new owner, affordability restrictions, and relevant information about the transfer. (Sec 205) | Same (Sec 206) |
| Authorization of Appropriations for Public Housing | Authorizes appropriations as may be necessary to repair, rehabilitate and develop public housing in New Orleans, and for community and supportive services for residents. (Sec 206) | Authorizes appropriations as may be necessary to repair, rehabilitate, redevelop and replace public housing in New Orleans, and for relocation expenses and community and supportive services. (Sec 207) |
| Public Housing Redevelopment | Requires that any exiting agreements to redevelop public housing comply with this act, and if necessary be re-issued to comply. (Sec 207) | Requires that any redevelopment of public housing in New Orleans, including already existing agreements, must ensure that housing is replaced as required in this Act. (Sec 208) |
| Reports on Compliance | Each quarter, HUD is required to submit reports to the Financial Services Committee and the Banking Committee on compliance with Title II (public housing sections) of this Act. (sec 208) | Same (Sec 209) |
| Public Housing Construction Workers | Requires that any entity receiving funds for public housing under this section shall ensure that all employees have an immigration status that allows them to be legally employed, and have valid identification or other documentation. (Sec. 209) |
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| Housing Authority of New Orleans Administration |
| Requires HUD to petition a court to put HANO into judicial receivership within 30 days. (Section 210) |
| Housing Assistance |
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| Disaster Voucher Program | Authorizes appropriations to extend the disaster voucher program through January 1, 2008. (Sec 301) Authorizes such sums as may be necessary to provide tenant based assistance to households transitioning from Disaster Vouchers, from January 1, 2008, until they are no longer eligible for assistance. (Sec 306) Requires HUD to work with FEMA and state and local agencies to identify households who are eligible for assistance under this section and offer them assistance. (Sec 307) | Authorizes appropriations to extend the disaster voucher program through January 1, 2008 Authorizes such sums as may be necessary to provide tenant based assistance to households transitioning from Disaster Vouchers, from January 1, 2008, until they are no longer eligible for assistance. Clarifies that this assistance is for families who are not eligible for tenant replacement vouchers (if assisted housing is demolished/disposed of) and did not receive housing voucher prior to the storm. Clarifies that households who received Section 8 housing vouchers prior to the storm shall receive section 8 housing voucher assistance. Requires HUD to work with FEMA and state and local agencies to identify households who are eligible for assistance under this section and offer them assistance (Sec 301) |
| Tenant Replacement Vouchers | Authorizes such sums as may be necessary to provide tenant replacement vouchers for any assisted units, including multifamily housing and public housing that will not be put back into use for occupancy, whether the unit was occupied or not. (Sec 304) | Same Adds requirement that HUD issue replacement vouchers for any units not available for re-occupancy by January 1, 2010 (Sec 302) |
| Rental Assistance for households receiving FEMA assistance | Authorizes appropriations of such sums as may be necessary to transfer households receiving FEMA rental assistance to the Section 8 housing voucher program. Beginning Jan 1, 2008, households receiving FEMA rental assistance will receive temporary housing vouchers. Authorizes such sums as may be necessary to provide vouchers to families living in FEMA trailers. Assistance under this section is temporary and expires when the household is no longer eligible for rental assistance. (Sec 902) | Requires, consistent with current plans, that FEMA transfer to HUD administration of disaster rental assistance and funds to pay for such assistance. Beginning Jan 1, 2008, households receiving FEMA rental assistance will be transferred to HUD rental assistance, where they will be required to pay 30 percent of their income for rent. HUD is permitted to implement a minimum rent of $100 a month with hardship exemptions for seniors and people with disabilities. Authorizes such sums as may be necessary to provide rental assistance to families living in FEMA trailers who want such assistance. Requires HUD to offer rental assistance to families currently in FEMA trailers. Households will be required to pay 30 percent of their income for rent. HUD is permitted to implement a minimum rent of $100 a month with hardship exemptions for seniors and people with disabilities. Assistance under this section is temporary and expires when the household is no longer eligible for rental assistance. (Sec 304) |
| Supportive Housing | Authorizes such sums as may be necessary to provide 4,500 vouchers for project based rental assistance for use in hurricane impacted areas for supportive housing units for seniors, people with disabilities or homeless people. 3,000 vouchers are for use in Louisiana. (Sec 305) | Same (Sec 305) |
| Voucher Allocation | Clarifies that HUD shall adjust voucher allocations for PHAs in disaster areas to account for reduced leasing rates and increased housing costs. (Sec 302) | Same (Sec 306) |
| Preservation of Project Based Assistance | Requires HUD to maintain contracts for project-based assistance in disaster areas until the date specified in the contract or not less than three months after the dwelling units are made habitable. Requires HUD to review and approve all feasible proposals by owners of assisted multifamily housing to rehabilitate or transfer projects. Requires HUD to transfer project based assistance to appropriate existing or planned projects. (Sec 303) | Same, except clarifies that contracts can be moved to multiple projects. (Sec 307) |
GAO Study | Requires a GAO study of erroneous termination of rental housing assistance by June 1, 2007. (Sec 308) | Requires a GAO study of erroneous termination of rental housing assistance by October 31, 2007. (Sec 308) |
| Reimbursement of Landlords |
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| Appropriations to reimburse landlords | Authorizes appropriations from previous amounts made available to FEMA for disaster relief, funds to reimburse landlords for actual documented damages incurred as a result of FEMA not honoring its commitments to pay landlords that housed evacuees. (Sec 401) | Same (Sec. 401) |
FHA Properties |
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| Treatment of FHA Properties | Requires FHA to take back and pay insurance on FHA insured properties which are foreclosed upon without the servicer/lender having to bring the property up to habitable standards. (Sec 501) | Same (Sec 501) |
| FHA Single Family Insurance |
| Requires FHA to use pre-hurricane credit in determining eligibility of household for FHA insurance. (Sec 502) |
| FHA Multifamily Disaster Program |
| Establishes a disaster loan program for multifamily rental housing in disaster areas to provide low-interest loans to rehabilitate or rebuild rental housing for low-income households. Authorizes appropriation of XX$. |
| Fair Housing |
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| Fair Housing | Authorizes appropriations for such sums as may be necessary, at least $5 million, for hurricane impacted areas for fair housing activities. (Sec 601) | Same (Sec 601) |
Study to Improve Disaster Housing Assistance |
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| GAO Study | Requires a GAO study on how to improve distribution of federal housing funds for relief after natural disasters. GAO must submit a report within 6 months. (Sec 701) | Same (Sec 701) |
| Commending Americans |
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| Commending Americans | Commends the actions and efforts of Americans in assisting in hurricane relief and rebuilding. (Sec 801) | Same (Sec 801) |
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