Advocates and industry groups welcomed newly adopted energy codes today for federally supported homes across the country.

Groups Celebrate Updated Energy Efficiency Rules for New U.S.-Backed Homes

Advocates and industry groups welcomed newly adopted energy codes today for federally supported homes across the country. The significant update from the U.S. Department of Housing and Urban Development (HUD) and Department of Agriculture (USDA) will reduce housing costs, default risks to lenders, and greenhouse gas emissions and other pollution.

By improving energy efficiency, the congressionally mandated requirements will save residents an estimated $15,071 for single-family homes and $5,886 per multifamily unit over 30 years, net of costs (compared to homes under existing U.S. requirements), the agencies said. Residents of single-family homes would save $963 every year on energy costs, on average.

Lowell Ungar, federal policy director of the American Council for an Energy-Efficient Economy, said: “This long-overdue action will protect homeowners and renters from high energy costs while making a real dent in climate pollution. It makes no sense for the government to help people move into new homes that waste energy and can be dangerous in extreme temperatures. Now the Federal Housing Finance Agency should do its part and direct Fannie Mae and Freddie Mac to adopt these codes for even more homes.”

Jessica Garcia, senior policy analyst for climate finance at Americans for Financial Reform Education Fund, said: “​​As the frequency of extreme temperatures increases due to climate change, so too will home energy costs. Implementing up-to-date energy codes will help ease the financial strain on homeowners and renters across the country as they fight to remain housed. We are encouraged by HUD’s decision, and urge the Federal Housing Finance Agency to follow suit and swiftly adopt the latest energy efficiency codes to decrease burdensome energy costs for future homeowners and renters, which in turn may help lower default risks and loan delinquency rates, and set forth a path to stabilize our shaky housing financial system.”

David Lipsetz, president and CEO of the Housing Assistance Council, said: “HUD and USDA are helping keep utilities costs lower for homeowners and renters. This is the right move at a time when housing costs are growing ever farther out of reach. We stand ready to work with the agencies to find ways to cover the upfront costs for the short time periods until they pay for themselves.”

Amy Boyce, senior director of building and energy performance at the Institute for Market Transformation, said: “Studies show that energy-efficient homes are not only more comfortable, affordable, and healthy, but that borrowers are more likely to repay mortgages on efficient homes, sparing themselves, lenders, and taxpayers the trauma of foreclosure. While first costs are often the focus of conversation, ongoing costs like energy bills, that are subject to wide fluctuations based on environmental and political factors, are directly related to a person being able to remain in their home. Energy-efficient new construction reduces the risk for homeowners, which is especially important for LMI populations, who are least able to withstand those risks.”

Alys Cohen, senior attorney at the National Consumer Law Center, said: “Making new homes more energy efficient will lower utility costs for homeowners and renters who too often struggle to pay their bills and will reduce the risk of foreclosure and eviction. We applaud HUD and USDA for updating their building codes and urge the Federal Housing Finance Agency to adopt the newer standards so affordable energy is available for the many families moving into homes financed through Fannie Mae and Freddie Mac.”

Debra Phillips, president and CEO of the National Electrical Manufacturers Association (NEMA), said: “As a leading standards development organization, NEMA has a lengthy history of leading on code adoption and energy efficiency in the building sector—and our members manufacture products that contribute to the construction of these safe, efficient, and resilient homes in communities across the United States. NEMA commends Acting HUD Secretary Todman and USDA Secretary Vilsack for their leadership on this final determination that will create cost savings, generate efficiency gains, and further reduce emissions from buildings, benefitting all Americans. This decision will lower the energy burden on low-income homes, reducing monthly utility bills in the process.”

Curt Rich, president and CEO of the North American Insulation Manufacturers Association (NAIMA) said: “Today’s announcement is a giant win for consumers. Homes built to modern energy codes mean lower monthly utility bills, improved comfort, and greater resilience during extreme weather events. The promise of an energy-efficient home becomes a guarantee under this new policy.”

Erin Sherman, senior associate for building regulations at RMI, said: “RMI celebrates the new rule, which will benefit roughly one in four new homes, ensuring countless more families receive the economic and resilience benefits of energy efficiency. We expect FHA- and USDA-supported mortgages and HUD-supported affordable housing embracing energy efficiency will have positive and direly needed ripple effects across the housing market by encouraging homebuilders to incorporate higher-efficiency materials and techniques into new homes.”

Ben Evans, federal legislative director at the U.S. Green Building Council, said: “This decision clears the way for billions of dollars in savings for the households that need it most, savings that will be delivered month after month, year after year, in the form of lower energy bills. Additionally, these homes will be more comfortable and more resilient in the face of increasingly severe weather. This is going to improve a lot of people’s lives, and the Biden administration, Sec. Todman, and Sec. Vilsack deserve credit for their leadership in making it happen.”

Background:

In bipartisan laws in 1992 and 2007, Congress directed HUD and USDA to periodically strengthen efficiency requirements for new houses and multifamily units that are purchased with federally backed loans such as Federal Housing Administration (FHA) and USDA mortgages, along with new homes with funding from other HUD programs. These new homes—about 180,000 annually—are primarily occupied by low- and moderate-income homeowners and renters.

The law directs HUD and USDA to update their requirements every three years. They match new model energy codes if they determine that doing so would not negatively affect the availability or affordability of covered housing. The code requirements adopted today are known as the 2021 International Energy Conservation Code (for houses and low-rise multifamily buildings) and ASHRAE Standard 90.1-2019 (for high-rise multifamily buildings). The Department of Veterans Affairs is required by law to update its loan requirements to match HUD and USDA.

Houses and multifamily buildings meeting the up-to-date codes generally have more insulation in the walls and roofs, better air sealing and windows, and more energy-efficient heating and cooling systems, including better-sealed ducts. Several requirements vary across the country to reflect differing climates.

The Federal Housing Finance Agency (FHFA) separately has the authority to require that new homes with mortgages purchased by Fannie Mae and Freddie Mac have such efficiency requirements. The Campaign for Lower Home Energy Costs and dozens of organizations have called on FHFA to act, and the agency has said it is exploring this option.

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Contacts:

ACEEE – Ben Somberg, bsomberg@aceee.org

AFREF – Carter Dougherty, carter@ourfinancialsecurity.org

HAC – Dan Stern, dan@ruralhome.org 

IMT – Alexandra Laney, alexandra.laney@imt.org

NCLC – Stephen Rouzer, srouzer@nclc.org

NEMA – Michael Farnham, michael.farnham@nema.org

NAIMA – Patrick Kiker, pkiker@naima.org

RMI – Leah Komos, leah.komos@rmi.org 

USGBC – Deisy Verdinez, dverdinez@usgbc.org

 

The American Council for an Energy-Efficient Economy (ACEEE), a nonprofit research organization, develops policies to reduce energy waste and combat climate change. Its independent analysis advances investments, programs, and behaviors that use energy more effectively and help build an equitable clean energy future. 

Americans for Financial Reform Education Fund is a nonprofit organization which fights to eliminate inequity and systemic racism in the financial system in service of a just and sustainable economy. The organization was formed in the wake of the 2008 financial crisis, and works in coalitions alongside civil rights, consumer, labor, investor, environmental justice, and other groups. 

The Housing Assistance Council (HAC) is a national nonprofit that supports affordable housing efforts throughout rural America. Since 1971, HAC has provided below-market financing for affordable housing and community development, technical assistance and training, research and information, and policy formulation to enable solutions for rural communities.

The Institute for Market Transformation (IMT) is a national 501(c)(3) nonprofit organization that envisions a world where buildings dramatically lower greenhouse gas emissions and support our physical, social, and economic well-being. We advance this vision through policies, programs, and business practices that scale better buildings in the United States.

Since 1969, the nonprofit National Consumer Law Center has worked for consumer justice and economic security for low-income and other disadvantaged people in the United States through its expertise in policy analysis and advocacy, publications, litigation, expert witness services, and training.

The National Electrical Manufacturers Association (NEMA) represents over 300 electrical equipment and medical imaging manufacturers that make safe, reliable, and efficient products and systems. Together, our industries are responsible for 1.65 million American jobs and contribute more than $200 billion to the U.S. economy.

NAIMA is the association for North American manufacturers of fiber glass, rock wool, and slag wool insulation products. Its role is to promote energy efficiency and environmental preservation through the use of fiber glass, rock wool, and slag wool insulation, and to encourage the safe production and use of these materials.

RMI is an independent nonprofit founded in 1982 that transforms global energy systems through market-driven solutions to align with a 1.5°C future and secure a clean, prosperous zero-carbon future for all. We work in the world’s most critical geographies and engage businesses, policymakers, communities, and NGOs to identify and scale energy system interventions that will cut greenhouse gas emissions at least 50% by 2030.

The U.S. Green Building Council (USGBC) is a nonprofit organization dedicated to transforming the way buildings and communities are designed, built and operated. For over 30 years, we have pursued this vision through our flagship program Leadership in Energy & Environmental Design (LEED) and through education, community, events and advocacy.

HAC News: April 25, 2024

HAC News: April 11, 2024

HAC News: March 28, 2024

TOP STORIES

April is National Fair Housing Month

This year is the 56th anniversary of the passage of the Fair Housing Act. HUD will celebrate the theme Fair Housing: The ‘Act’ in Action. For more information about fair housing rights or to file a complaint, visit HUD’s Fair Housing and Equal Opportunity website or call 1-800-669-9777. For information or complaints related to USDA rural housing, visit USDA RD’s Civil Rights site.

Flexibility increased for rural multifamily owners to use surplus cash

A new regulation will allow owners of properties with financing from USDA’s Section 515 and 514/516 rental programs to apply cash to approved soft debt. The agency says this change provides a new source of capital for property improvements. For more information, contact Michael Resnik, USDA, 202-430-3114.

USDA formalizes 30-day written eviction notices

Owners of Section 515 and 514/516 rental properties must give tenants written notification at least 30 days before terminating a lease or taking eviction actions. The notice must include instructions on how a tenant can cure the nonpayment to avoid eviction and how to recertify household income. These notices will be required after April 24, 2024, and they must be included in leases by September 25, 2025. For more information, contact Michael Resnik, USDA, 202-720-1615.

Native American loan guarantee program gets revised rules

HUD is updating its regulations for the Section 184 program, which have not been substantially revised since 1996. The department says the changes will minimize potential risk and increase participation by financial institutions. The new rules are effective June 18. For more information, contact Krisa Johnson, HUD, 202-402-4978.

RuralSTAT

There are more than 2,500 banks headquartered in rural areas, and rural banks comprise more than half of all FDIC insured institutions in the United States. Between 1995 and 2022 the number of rural headquartered banks declined by 57%. Source: HAC tabulations of FDIC data.

OPPORTUNITIES

Farmworker housing repair funds available

USDA’s subsequent Section 514 and 516 off-farm labor housing loans and grants may be used to improve, repair, or make modifications to existing off-farm labor housing properties. The deadline is June 18. USDA will hold a webinar for potential applicants on April 3. For more information, contact Jonathan Bell, USDA, 254-727-5647.

Pay for Success Program can support permanent supportive housing

The Justice Department’s FY24 Second Chance Act Pay for Success Program offers funds to states, cities, townships, counties, special districts, federally recognized Tribal governments, and community-based public and Native American housing authorities to address transition and re-entry services including permanent supportive housing for people with mental health, substance use, or co-occurring disorders who are or were involved in the criminal justice system. Applications are due April 25. For more information, contact DOJ at 800-851-3420 or grants@ncjrs.gov.

REGULATIONS AND FEDERAL AGENCIES

Dates delayed for part of new CRA rule

The deadline for banks to make changes to their assessment areas and their public files, as required by the 2023 Community Reinvestment Act final rule, is now January 1, 2026 rather than April 1, 2024. The federal bank regulators have also made technical amendments to the CRA rule and related agency regulations that reference it. Comments on the extended effective date are due May 13.

HUD posts resources on source of income discrimination

A new HUD webpage explains what source of income discrimination is and provides an interactive map to help families, PHAs, and landlords to identify jurisdictions that are covered by source of income protections for tenants with vouchers. There are also tips and resources for tenants and PHAs on what to do if such discrimination occurs, as well as strategies for how to reduce it. To support efforts to improve landlord participation, HUD has posted an HCV Landlord Strategies Guidebook on its landlord resources page.

USDA suggests changes for multifamily housing credit reports

To avoid the complexities of its current process, USDA proposes to change the way it obtains credit reports for determining eligibility and feasibility for its Section 515 and 514/516 direct rental housing programs. Rather than collecting fees and ordering credit reports itself, the agency would require applicants to provide credit reports. Comments are due May 28. For more information, contact Abby Boggs, USDA, 615-490-1371.

Rural home repair program instructions revised

Changes to the Section 504 homeowner repair loan and grant programs have been incorporated into USDA’s handbook.

USDA seeks input on Section 502 guarantee policy changes, offers new tool

A new online Policy Desk is intended to make it easier for lenders and stakeholders to provide feedback on proposed policy changes for the Section 502 loan guarantee program. Current proposals would revise servicing guidelines and simplify the mortgage recovery advance process.

Priorities changing for USDA multifamily guarantees

A regulatory change removes the priorities currently listed in the rules for the Section 538 multifamily loan guarantee program and inserts a general statement allowing the agency to set and change priorities for the program without going through the rulemaking process. For more information, contact Tammy Daniels, USDA, 202-720-0021.

Comments requested on participation in government decisionmaking

The Office of Management and Budget is developing a government-wide framework, common guidelines, and leading practices for public participation and community engagement in government decisionmaking. It requests input on the experiences of individuals and organizations, including those from underserved communities, with informing federal government decisionmaking and participating in engagement activities with government agencies; examples of leading practices in this space; and other recommendations for this effort. Comments are due May 17. For more information, email publicparticipation@omb.eop.gov with “PPCE RFI” in the subject line, or call Cherie Klein, OMB, at 202-881-6220.

PUBLICATIONS AND MEDIA

Research considers why Native American borrowers pay more for home loans

The Center for Indian Country Development at the Minneapolis Federal Reserve examined the reasons why, on average, Native American borrowers pay more for home loans than White borrowers. CICD found that for Native American borrowers, living either on or off reservations, the disparity can largely be explained by heavy reliance on personal property loans used to purchase manufactured homes, and not by underwriting or demographic characteristics such as credit scores or incomes. The reliance on such loans likely stems from the lack of low-cost mortgage options available to Native homebuyers, CICD suggested, as well as factors such as diminished access to generational wealth. Data indicated it is not due to the higher prevalence of manufactured homes on reservations, nor to the ownership structure of trust land.

Information posted to help decarbonize affordable housing

The Affordable Housing Decarbonization Hub, offering housing providers access to resources and information for equitable decarbonization, was recently launched by Enterprise Community Partners, the Housing Partnership Network, and the Rocky Mountain Institute. The hub also allows users to submit questions to experts and to share suggestions for additional resources.

Connections between housing and climate change studied

Residential buildings are responsible for 20% of total primary energy consumption in the U.S., reports the Terner Center for Housing Innovation at UC Berkeley. Its report, Housing + Climate Policy: Building Equitable Pathways to Sustainability and Affordability, looks at the existing research on climate and housing in the U.S. in two key areas: how housing decarbonization and production strategies can reduce pollution to mitigate climate change, and how climate change impacts renters, homeowners, and the broader housing industry. This is the first paper in a planned Housing + Climate research initiative, intended to provide policy makers and advocates with evidence to advance effective policy solutions to both the climate and housing crises.

HUD reports on human trafficking survivors’ housing needs

Housing Needs of Survivors of Human Trafficking Study, a new report from HUD, notes that programs and services exist but are not scaled to meet survivors’ needs. In rural areas and Native lands, it says, housing and service resources for survivors are particularly scarce. The study recommends increased resources, low-barrier entry processes, trauma-informed approaches, culturally specific service delivery, and more.

Homeowners’ insurance costs rising

Nationwide, insurance costs for single-family homeowners with conventional mortgages have increased along with home values, though the effective rate (cost per dollar of value) has risen more slowly, Freddie Mac reports in a new analysis. U.S. Economic, Housing and Mortgage Market Outlook – March 2024 includes data showing that rates vary widely between states, based on hazards and state regulations.

HAC

Design workshops underway

The Citizens’ Institute on Rural Design (CIRD), in partnership with the National Endowment for the Arts, HAC, and To Be Done Studio, kicked off its 2023-2024 CIRD Design Workshops with back-to-back events. The first CIRD workshop took place November 29-December 1 in Thompson Falls, MT where the U.S. Forest Service and local organizations are looking to revamp an outdoor recreation area. The workshop included hard conversations, problem solving, and development of strategies that best suited the community. Since the Thompson Falls workshop, CIRD has completed workshops in Boswell, IN, Sunnyside, WA, and most recently Grenada, MS. Look out for other CIRD workshop updates here and sign up for the CIRD newsletter here.

HAC is hiring

HAC job listings, each with application instructions, are available on our website.

Need capital for your affordable housing project?

HAC’s loan fund provides low interest rate loans to support single- and multifamily affordable housing projects for low-income rural residents throughout the U.S. and territories. Capital is available for all types of affordable and mixed-income housing projects, including preservation, new development, farmworker, senior and veteran housing. HAC loan funds can be used for pre-development, site acquisition, site development, construction/rehabilitation and permanent financing. Contact HAC’s loan fund staff at hacloanfund@ruralhome.org, 202-842-8600.

Please note: HAC is not able to offer loans to individuals or families. Borrowers must be nonprofit or for-profit organizations or government entities (including Tribes).

HAC’s office has moved

HAC’s new street address, effective on January 1, 2024, is 1828 L Street, N.W., Suite 505, Washington, DC 20036. Our phone number remains 202-842-8600.

Want to reprint a HAC News item?

Please credit the HAC News and provide a link to HAC’s website. Thank you!

 

Updated March 20 – What would a federal government shutdown mean for rural housing?

Updated, March 20, 2024 – Some parts of the government may shut down briefly this weekend while Congress finishes the process of passing a final funding measure, but the HUD and USDA housing programs will not be affected. Their final appropriations for fiscal year 2024 (October 1, 2023-September 30, 2024) were set earlier this month. HAC has posted more details about USDA’s funding levels here and about HUD’s here.

***   ***   ***

The information provided below is still accurate, but is no longer relevant for fiscal year 2024.

Update, October 2, 2023 – A last-minute agreement on a continuing resolution keeps the government running through November 17. It includes a provision allowing USDA to renew Section 521 Rental Assistance contracts as they expire, even if that requires a higher proportion of annual funding than the prorated amount for the first 48 days of the fiscal year.

The next steps towards funding for the entire fiscal year are not yet clear. The House and Senate have proposed different FY24 funding levels for USDA and HUD, and the House voted on but did not pass its USDA appropriations bill on September 28. Follow HAC’s reporting on appropriations in the HAC News (subscribe here) and on our web pages for USDA and HUD funding.

Update, September 29, 2023 – Congress has not made effective progress towards avoiding a shutdown on October 1. USDA has posted updated shutdown contingency plans, including one for Rural Development. The RD plan seems to be essentially the same as the 2021 version HAC originally summarized here. Since the updated plan indicates that USDA will be able to spend Rental Assistance funds so long as it has them, this post has been updated to remove questions about the lack of an advance appropriation for Rental Assistance.

The federal government, or parts of it, close when funding (appropriations) lapses. None of the fiscal year 2024 appropriations bills have been enacted yet, and ongoing differences between factions on Capitol Hill make temporary funding unlikely. A shutdown could begin on October 1, 2023, when fiscal year 2023 ends. If a continuing resolution (CR), or a series of them, keeps the government operating beyond October 1, a shutdown could occur whenever the final CR ends. Federal agencies have prepared shutdown plans.

A brief federal government shutdown probably would not impact most people who receive housing assistance but, at some point after the first few days, the housing effects would begin to be noticeable. In fiscal year 2019, a record 35-day shutdown from December 22, 2018 to January 25, 2019 led some owners of USDA-financed rental properties, unaware that the agency had enough Section 521 Rental Assistance (RA) funding to last through January, to threaten to evict tenants who could not pay full rent on their own. Fortunately, Congress reached a funding agreement before any RA renewals were missed that February.

As HAC considers what a shutdown will mean, some important questions remain open and are included in the analysis below. HAC and other national rural housing organizations have reached out to USDA RD’s multifamily and political leadership with these questions and will update this information when we receive a response.

KEY TAKEAWAYS

  • A brief federal government shutdown probably would not impact most people who receive housing assistance but, at some point after the first few days, the housing effects would begin to be noticeable.
  • Section 521 Rental Assistance contracts would continue to be renewed during a shutdown “if funding is available,” according to USDA Rural Development’s shutdown plan, dated September 2023.
  • If the agency has used up all its RA funds, “additional servicing options” could be provided to rental properties. When the government closed in December 2018 and January 2019, for example, USDA considered permitting owners to use project reserves to cover costs, but the shutdown ended before a final decision was made.
  • No new rural housing loans, grants, or loan guarantees would be committed during a shutdown.
  • HUD’s monthly subsidy programs – including public housing operating subsidies, housing choice vouchers, and multifamily assistance contracts – would operate only while funding remained available, according to HUD’s August 2023 contingency plan. If they ran out of money during a shutdown, they would cease to operate.

WHAT SHUTS DOWN

USDA Rural Development

Rural Development’s contingency plan, dated September 2023, indicates that State Directors, their staff, and some employees in the Washington, DC national office and the Customer Servicing Center in St. Louis would continue working during a shutdown.

Rental Assistance

RD’s plan says that Section 521 Rental Assistance would continue “if funding is available.”

The amount needed for RA can vary considerably from month to month. The RA payments each month are for the RA contracts that expired during that month, and each payment obligates a full year of RA funding. For example, the RA contracts that expired during August 2023 and were renewed in late August or early September will not be impacted again until they expire in August 2024. How much RA funding does USDA have on hand? How long will that amount last?

The contingency plan provides that, if the agency has used up all its RA funds, “additional servicing options” could be provided to rental properties. In 2019, for example, USDA was considering permitting owners to use project reserves to cover costs. The shutdown ended before the agency completely ran out of RA money, so they did not have to decide whether to allow the use of reserves. Has USDA RD planned for such a possibility this year?

Has RD developed plans for communicating with property owners/managers and with tenants if a shutdown occurs and while it continues?

Loans, grants, and servicing

According to USDA’s contingency plan, no new loans or grants would be committed during a shutdown. No new loan guarantees would be issued under any of the housing programs or the community facilities program. For Section 502 guaranteed loans only, lenders and borrowers could choose to proceed with closing if USDA had already issued a valid conditional commitment. The lender would be assuming the risk until the shutdown ended and a guarantee was issued.

RD activities that are considered necessary to preserve the government’s property would continue during a shutdown, and loans and escrow accounts are considered to be government property. Therefore RD would keep processing nightly updates for each RD financial system, making insurance and tax payments from borrowers’ escrow accounts, and “reconciling and submitting for initial processing” collection activity including amortized payments and payoff activity. Some foreclosure sales would go forward. Servicing of existing guaranteed loans would continue, including processing loss claims.

HUD

HUD’s plan is dated August 30, 2023. It explains that, since 2019, appropriations language has allowed HUD’s salaries and expenses funding to be carried over into the next fiscal year, with wording similar to that used for the Rental Assistance advance appropriations. Thus, if FY24 begins without an appropriation, HUD may have some FY23 funds remaining for staff to continue working at full force, at least temporarily. The department’s senior leadership would decide how much of that funding to use and for what functions.

Programs operating with HUD funding that was obligated before a shutdown would continue to operate. Much of the Federal Housing Administration’s and Ginnie Mae’s work would continue during a shutdown. Monthly subsidy programs, however – including public housing operating subsidies, housing choice vouchers, and multifamily assistance contracts – would operate only while funding remained available. If they ran out of money during a shutdown, they would cease to operate.

Treasury

The Treasury Department’s plan, dated December 2022, states that the CDFI Fund’s programs would not operate during a shutdown, without providing any further details.

WHO KEEPS WORKING

Generally, during a shutdown, federal staff in the affected agencies do not work unless their functions are considered essential. Furloughed employees are also not allowed to do their jobs voluntarily while the government is closed. In the past, Congress and the President have usually agreed to pay furloughed employees retroactively after a shutdown ends, but they are not required to do so.

Presidential appointees (i.e., agency officials who were confirmed by the Senate) are not furloughed. They are not paid, however, unless funds for their salaries are appropriated after the shutdown ends. “Schedule C” employees, also known as political appointees (these jobs do not require Senate confirmation), are subject to the same rules as civil service employees to determine whether their roles are essential during a shutdown.

WHAT A SHUTDOWN MEANS FOR GOVERNMENT CONTRACTS

An Office of Management and Budget document explains that during a shutdown a federal contractor can proceed with work that is not impacted by the lapse in funding. For example, if an agency has already obligated funds representing the entire price under a contract or task order before the funding lapse began, the contractor can conduct the work. At the agency, however, routine operational and administrative activities relating to contract or grant administration cannot continue.

WHAT HAPPENED IN FY19

Fiscal year 2019 began on October 1, 2018 with parts of the federal government, including USDA and HUD, open under continuing resolutions. After a final CR expired, they did close down on December 22. The government reopened on January 25, 2019, under another CR that expired on February 15. A final consolidated appropriations act was signed into law by President Trump on February 15.

USDA Rural Development

The first HAC News issue after the shutdown began, published on January 15, 2019, reported that limited functions were continuing at USDA’s national office in Washington, DC and the Customer Service Center in St. Louis. Loan closings were not taking place and applications were not being processed.

Rental Assistance

USDA RD was able to renew Section 521 Rental Assistance contracts that expired in December and January. If the shutdown had continued, however, the agency would not have had enough money to renew the approximately 700 RA contracts that expired in February and 1,000 in March.

By January 25, 2019, when a deal was reached for a three-week CR, the HAC News reported that USDA was considering short-term measures, such as allowing owners to use project reserves to cover costs, but had not yet finalized any plans or notified property owners/managers. The need for providing information directly from USDA had become clear when managers of USDA-financed properties in Arkansas, Louisiana, Missouri, and Mississippi sent notices to tenants telling them their RA was ending in January and they would be responsible for paying their full rent, then backpedaled when informed by USDA the RA would be paid.

After the shutdown ended, the February 11, 2019 HAC News quoted a notice USDA sent to owners and managers of USDA-financed properties with Section 521 Rental Assistance: “We are pleased to inform you that Rental Assistance for Section 514/515 properties has been obligated through April. … We understand that the most recent lapse in appropriations created anxiety and uncertainty regarding the status of your contract obligations. We are hopeful that this communique and the fact that all contracts are obligated through April will provide you reassurance and operational predictability in your management of these critical low-income resources throughout rural America. Thank you for your partnership in delivering the Rural Housing Service affordable housing mission.”

A January 2019 memo from the National Housing Law Project explained the rights of federally assisted tenants during the government shutdown. NHLP is preparing an updated memo for a possible October 2023 shutdown.

Homeownership Programs

On February 1, 2019, after the shutdown ended, USDA’s single-family programs office announced it would issue new Certificates of Eligibility to all Section 502 direct applicants who had valid COEs on December 21 before the government shut down. The agency did not have enough money to obligate additional Section 502 direct loans until it received funding beyond February 15, however.

Section 504 repair loans and grants were available on February 1. USDA planned to prioritize applicants with immediate health and safety hazards.

Other Impacts

There were additional housing-related impacts from the FY19 shutdown, and only a few are summarized below.

Some HUD Project-Based Rental Assistance contracts expired early in the shutdown, as reported in the January 15, 2019 HAC News. About 21,500 households with average incomes under $13,000 per year were impacted by the expiration of 650 PBRA contracts that ended in December. More were expiring in January and February and HUD would need to determine whether it had funds available to renew them. Property owners could use their reserves, if available, to cover shortfalls. Public housing capital funding was unavailable, and operating funds would not be able to carry public housing authorities beyond February.

The shutdown’s effect in Indian Country was “substantial and unique,” the Center for Indian Country Development at the Minneapolis Federal Reserve reported, although calculating a dollar amount was not possible. Because of the unique relationship between the U.S. and Tribes, Tribal services are often closely tied to federal funding. Government employment is disproportionately high in Indian Country, Tribal staff such as those who plow reservation roads were furloughed, and Tribal education funds were in danger.

Disaster spending, particularly funding for Puerto Rico’s recovery from Hurricane Maria in 2017, was also delayed by the 2019 shutdown. Congress had appropriated $20 billion in CDBG-DR funds for Puerto Rico, but only $1.5 billion of that money was approved before the shutdown, and HUD did not disburse it during the shutdown. HUD approval of disaster spending plans or amendments from California, Florida, Georgia, Missouri and the U.S. Virgin Islands was also put on hold.

 

HAC News, March 14, 2024

HAC News: March 14, 2024

TOP STORIES

Administration’s FY25 housing budget proposes new programs for HUD

The Biden Administration released its request for the upcoming fiscal year on March 11. Tables and analyses are available on HAC’s website for USDA and HUD. The recording and slides from HAC’s annual budget webinar, held March 13, are also posted.

For most of USDA’s rural housing programs, the FY25 budget would hold funding at FY23 (not FY24) levels. The administration also repeats some proposals from last year’s budget request. Congress included in the FY24 final bill a limited pilot to decouple up to 1,000 units of Section 521 Rental Assistance from Section 515 and 514 mortgages so that, when a USDA rental housing mortgage ends, the tenants can continue to receive RA. The FY25 budget requests broader decoupling authority without caps. For homebuyers, the budget proposes to eliminate subsidy “recapture” for the Section 502 direct program, an expensive change that was requested but not adopted in FY24.

Many of the HUD programs that help produce housing, including HOME, CDBG, SHOP, and Native American housing, would receive funding cuts under the budget request. It proposes to produce new units, as well as assisting renters and people experiencing homelessness, through several large new programs. They would receive mandatory funding, which would not be subject to the caps on discretionary spending imposed by the 2023 debt limit agreement, and therefore are unlikely to be adopted. They would include the first-ever voucher guarantees, offered to all extremely low-income veterans and all youth aging out of foster care. The budget does continue current support for tenants, with a total of almost $32.8 billion to renew all Housing Choice Vouchers and provide 20,000 new incremental vouchers.

FY24 housing spending set

USDA and HUD are among the federal agencies that now have final appropriations for fiscal year 2024, which began on October 1, 2023. Summaries are available on HAC’s website. Negotiations continue in Congress for the remaining agencies, whose funding is scheduled to run out on March 22.

Most of USDA’s rural housing programs received spending cuts. The Section 502 direct mortgage loan program, for example, was reduced from $1.25 billion in FY23 to $880 million in FY24. The final measure also rescinds $28 million in unused Section 504 grant funds and $35 million in unused Section 542 voucher monies from past years. Many HUD programs were reduced also, with HOME falling from $1.5 billion to $1.25 billion and SHOP from $13.5 million to $12 million. Native American housing saw an increase, however, from $1.02 billion last year to $1.344 billion in FY24.

Secretary Fudge to depart HUD

Secretary Marcia L. Fudge has announced she will leave HUD on March 22 for family reasons. Deputy Secretary Adrianne Todman will serve as Acting Secretary.

HAC announces new rental preservation center

The Center for Rural Multifamily Housing Preservation, a cross-disciplinary initiative to preserve rural rental housing, will focus on USDA-financed Section 515 properties, providing technical assistance and expertise to preserve the long-term affordability of this critical housing stock. It will draw on HAC’s unique combination of resources – lending, research, policy, and direct technical assistance – to both preserve individual properties and redefine the preservation process. For more information, contact Kristin Blum, HAC, kristin@ruralhome.org.

March is Women’s History Month

President Biden’s proclamation is posted here and information about federal events and exhibits is here.

RuralSTAT

85% of U.S. counties and Puerto Rico’s municipios have at least one USDA Section 515 property. As of February 2024, USDA’s portfolio included 12,398 Section 515 properties providing 388,572 rental homes for rural households and families. Source: HAC tabulations of USDA data.

OPPORTUNITIES

Indian Housing Block Grant application deadline extended

HUD has extended the original March 19 deadline for the competitive Indian Housing Block Grant to April 19. It also made technical changes in the announcement. For more information, email IHBGCompetitiveProgram@hud.gov.

HUD changes deadline for Service Coordinator funding

Applications for the Service Coordinators in Multifamily Housing program are now due April 9 rather than March 11. For more information, email ServiceCoordinatorNOFO@hud.gov.

Domestic violence survivors support programs include housing

The Justice Department’s Office on Violence Against Women has several open funding competitions that include housing and/or related services for domestic violence survivors as eligible activities. Deadlines range from March to early May. These include Transitional Housing Assistance Grants (deadline April 11) as well as a program focused on rural residents (deadline April 16), one supporting people with disabilities and deaf people (deadline April 2), two programs for tribes, here and here (deadline for both is April 25), and others.

Funds offered for Building Communities of Recovery program

Provision of recovery housing is an allowable activity under BCOR. Through this program, the Substance Abuse and Mental Health Services Administration (part of the Department of Health and Human Services) supports the development, enhancement, expansion, and delivery of recovery support services for persons with substance use disorders (SUD) and co-occurring substance use and mental disorders (COD). Eligible applicants are independent nonprofits wholly or principally governed by people in recovery from SUD and/or COD who reflect the community being served. Applications are due April 29. Information contacts vary by topic and are listed at the end of the funding notice.

CAPITOL HILL

Senate committee hearing covers rural housing reform bill

The Senate Banking Committee held a hearing March 12 on bipartisan housing bills. Many Senators at the session focused their comments on support for the RHS Reform Act (S. 2790), in hopes of a committee markup for the bill in the near future. HAC supports the RHS Reform Act, which includes a slate of commonsense modernizations to the rural housing programs at USDA, and HAC CEO David Lipsetz testified on the bill in a subcommittee hearing last year. Several other bills that HAC supports were also mentioned during the hearing, including the new Tribal Rural Housing Access Act (S. 3906) introduced by Sen. Elizabeth Warren (D-Mass.).

REGULATIONS AND FEDERAL AGENCIES

FY24 area loan limits in effect for USDA RD single-family programs

The area loan limits for fiscal year 2024 are now available and are reflected in online resources for the Section 502 direct loan program and the Section 504 loan and grant programs. For more information, contact an RD service center.

USDA will not make some HOTMA changes to income calculations

Recent HUD regulations implement changes in calculations of tenant income and assets required by the Housing Opportunity Through Modernization Act. A waiver notice from USDA Rural Housing Service Administrator Joaquin Altoro announces that USDA will not use one part of HUD’s rule for its tenants, though it will use others. For more information, contact USDA’s multifamily servicing staff.

Buy America FAQs published for some HUD programs

Programs run by HUD’s Community Planning and Development office, including HOME, SHOP, and many others, are covered by a new set of Frequently Asked Questions regarding the Build America, Buy America Act. The answers are based on the more detailed implementation guidance recently issued in Notice CPD-2023-12.

Survey seeks Buy America experiences

The National Association of Housing and Redevelopment Officials is collecting information to respond to HUD’s recent request for information about the impact of the Build America, Buy America Act. Please take NAHRO’s brief survey by April 5 to help NAHRO advocate for a workable implementation of the law. NAHRO requests one response per agency. This survey will help affordable housing providers complete the work that their communities need. For more information, contact Andrew Van Horn, NAHRO, avanhorn@nahro.org.

EVENTS

CIRD webinars to address design and rural disaster planning

Two webinars on Design and Disaster Planning for Rural Communities, hosted by the Citizens’ Institute on Rural Design, seek to demystify the process of planning for disasters. Disaster resiliency and response practitioners who center design, arts, and culture in their work will share their approaches and some successful projects, along with concrete best practices and key considerations for rural communities. Part 1 will be held on March 27 and Part 2 on April 17.

Conference will cover heirs’ property and the racial wealth gap

Boston College Law’s Heirs’ Property and the Racial Wealth Gap Conference will take place on March 21-22 and is free to attend either virtually or in person.

PUBLICATIONS AND MEDIA

Report documents shortage of affordable rentals

The U.S. has a shortage of 7.3 million rental homes affordable and available to renters with extremely low incomes, as documented in The Gap: A Shortage of Affordable Homes from the National Low Income Housing Coalition. Nationwide, only 34 affordable and available rental homes exist for every 100 extremely low-income renter households. The report provides data for each state and for major metro areas.

Disease-related death rates growing for working age rural Americans

Twenty-five years ago, “natural-cause mortality” rates were similar in metropolitan areas and places outside metropolitan areas. By 2019, however, the age-adjusted natural-cause mortality rate for the prime working-age population (aged 25-54) was 43% higher outside metropolitan areas, USDA’s Economic Research Service reports. A new ERS study, The Nature of the Rural-Urban Mortality Gap, finds that both an increase in the rural prime working-age rates and a decrease in the corresponding urban rates contribute to this growing gap. Natural-cause death rates did not increase for other age groups. The largest increases were for women in two racial/ethnic groups – non-Hispanic American Indian and Alaska Natives and non-Hispanic whites – though rates for men in these groups increased also. The more rural an area was, the greater its death rate increase was. ERS researchers did not address possible reasons for their findings, but Covid was not a factor in the data they used, which did not cover periods after 2019.

HAC

HAC is hiring

HAC job listings, each with application instructions, are available on our website.

Need capital for your affordable housing project?

HAC’s loan fund provides low interest rate loans to support single- and multifamily affordable housing projects for low-income rural residents throughout the U.S. and territories. Capital is available for all types of affordable and mixed-income housing projects, including preservation, new development, farmworker, senior and veteran housing. HAC loan funds can be used for pre-development, site acquisition, site development, construction/rehabilitation and permanent financing. Contact HAC’s loan fund staff at hacloanfund@ruralhome.org, 202-842-8600.

Please note: HAC is not able to offer loans to individuals or families. Borrowers must be nonprofit or for-profit organizations or government entities (including Tribes).

HAC’s office has moved

HAC’s new street address, effective on January 1, 2024, is 1828 L Street, N.W., Suite 505, Washington, DC 20036. Our phone number remains 202-842-8600.

Want to reprint a HAC News item?

Please credit the HAC News and provide a link to HAC’s website. Thank you!

Administration’s Budget Requests Substantial New HUD Funding

The Biden Administration’s budget for fiscal year 2025, released on March 11, 2024, includes proposals for HUD and other housing programs – USDA, the Low-Income Housing Tax Credit, and others – that are part of broader Administration efforts to help meet increasing housing costs and address homelessness. If the budget were adopted as proposed, several pieces of this mosaic would be mandatory funding rather than discretionary, and others would be tax credits. Discretionary funds are subject to annual appropriations, while mandatory spending is not, so it is not subject to the caps on discretionary spending imposed by the 2023 debt limit agreement.

Details are provided in the table below.

The recording and slides from HAC’s March 13 webinar on Rural Housing in the Fiscal Year 2025 White House Budget are posted here.

— HAC’s analysis of FY24 appropriations for USDA housing programs is available here. —

Discretionary Funds

The budget would reduce funding for many of HUD’s housing production programs, including HOME, CDBG, SHOP, and Native American housing. It requests a total of $1.053 billion for Native American housing, just barely above the $1.02 billion provided in FY23 and notably lower than the $1.34 billion just adopted for FY24.

Tenant support fares somewhat better. For example, the budget proposes a total of almost $32.8 billion for Tenant-Based Rental Assistance (Housing Choice Vouchers), of which $29.25 billion is intended to renew all existing vouchers. An additional $241 million would provide 20,000 new incremental vouchers. (Separately, the mandatory funding proposals would guarantee vouchers to all extremely low-income veterans and all youth aging out of foster care.)

The budget also requests $30 million for the Recovery Housing Program, which allocates funds to states to provide temporary housing for individuals recovering from substance use disorders, including opioids.

Proposed New Mandatory Spending

The Administration’s proposals for mandatory spending programs cover production of new units, tenant assistance, and homelessness solutions.

  • Extremely low-income housing supply subsidy: $15 billion
    • New Project-Based Rental Assistance: $7.5 billion
    • Preserve distressed public housing: $7.5 billion
  • Innovation Fund for Housing Expansion: $20 billion
  • Housing vouchers for vulnerable low-income populations: $22 billion
    • all youth aging out of foster care: $9 billion
    • extremely low-income veterans: $13 billion
  • First-generation homebuyer down payment assistance: $10 billion
  • Sustainable eviction prevention reform: $3 billion
  • Homelessness grants: $8 billion
  • Emergency rental assistance for older adults at risk of homelessness: $3 billion

Tax Credit Proposals

  • The budget would expand the Low-Income Housing Tax Credit to build or preserve 1.2 million more affordable rental units. It asks Congress to increase per capital credit allocations, reduce the bond financing threshold, and revise the “qualified contract” and “right of first refusal” provisions for future developments.
  • A mortgage relief credit would provide middle-class first-time homebuyers with an annual tax credit of $5,000 a year for two years. The White House says that “this is the equivalent of reducing the mortgage rate by more than 1.5 percentage points for two years on the median home, and will help more than 3.5 million middle-class families purchase their first home over the next two years.”
  • A separate one-year tax credit is intended to assist homeowners who could purchase a larger or more expensive home but hesitate to sell their starter home because of high mortgage rates or high housing costs. A middle-class homeowner would receive a credit up to $10,000 for selling a home below the area median home price in the county to another owner-occupant. The White House estimates this proposal would help nearly 3 million families.
  • A new Neighborhood Homes Tax Credit would allocate credits to developers and other sponsors of new construction or substantial rehabilitation of homeownership units in distressed areas. The White House estimates this would generate over 400,000 homes.

The Administration also proposes requiring each Federal Home Loan Bank to contribute 20 percent, rather than the current 10 percent, of annual income to the Affordable Housing Program. It calculates the change would raise an additional $3.79 billion for affordable housing over the next decade and assist nearly 380,0000 households.

Program
($ in millions)
FY23 Final FY24 Final FY25 Budget FY25 House FY25 Senate* FY25 Final*
CDBG $3,300 $3,300 $2,900
HOME 1,500 1,250 1,250
PRICE Manuf. Hsg. Prsrv. 225 10 0
Self-Help Hmownrshp (SHOP) 13.5 12 9
Veterans Home Rehab 1 0 0
Rural Cap’y Bldg (RCB) 6 6 5
Tenant-Based Rental Asst. 27,600 32,387 32,756
     VASH 50 15 0
     Tribal VASH 7.5 7.5 5
     Replacemts for 521 RA 20**
Project-Based Rental Asst. 13,938 16,010 16,686
Public Hsg. Capital Fund 3,200 3,410 3,312
Public Hsg. Operating Fund 5,109 5,501 5,238
Choice Neighborhd. Initiative 350 75 140
Native Amer. Hsg. 1,020 1,344 1,053
Homeless Asst. Grants 3,633 4,051 4,060
Hsg. Oppties for Persons w/ AIDS (HOPWA) 499 505 505
202 Hsg. for Elderly 1,075 913 931.4
811 Hsg. for Disabled 360 208 256.7
Fair Hsg. 86 86.4 86.4
Healthy Homes & Lead Control 410 345 350
Hsg. Counseling 57.5 57.5 57.5

* These columns will be filled in as the FY25 funding process progresses.

** Up to $20 million would be set aside to provide tenant protection vouchers to tenants who had USDA Section 521 Rental Assistance but are losing it because their building is losing or ending its USDA mortgage.

 

Administration Proposes Small Increases in Many Rural Housing Programs

The Biden Administration’s budget for fiscal year 2025, released on March 11, 2024, would hold funding at FY23 levels for most of USDA’s rural housing programs. In effect, it would restore the cuts made in the final FY24 appropriations bill, which was passed after the budget was prepared. Details are provided in the table below.

The recording and slides from HAC’s March 13 webinar on Rural Housing in the Fiscal Year 2025 White House Budget, are posted here.

— HAC’s analysis of FY24 appropriations for HUD programs is available here. —

Homeownership Housing

Like last year’s budget proposal, this year’s would eliminate subsidy “recapture” for the Section 502 direct program. Recapture requires that, when a low- or very low-income homeowner with a Section 502 direct loan sells the house or moves, they must repay the subsidy amounts they have received over the life of the loan. The administration estimates that eliminating this penalty for current borrowers would cost USDA $1.12 billion. It also proposes that Section 502 direct loans made in 2025 will not to be subject to recapture.

The budget would require that funding for housing construction or rehabilitation be targeted to projects that improve energy or water efficiency, implement green features, including clean energy generation or building electrification, electric car charging station installations, or address climate resilience of properties.

The budget also proposes three changes that were just adopted in the final FY24 funding bill, which had not been passed yet when the budget was prepared. These include extending the length of self-help and site-development loans from two years to five, and standardizing foreclosure procedures consistent with HUD’s.

Rental Housing

The administration again asks for legislative language to “decouple” Section 521 Rental Assistance from Section 515 and 514 mortgages, so that when a USDA rental housing mortgage ends for any reason, the tenants can continue to receive Rental Assistance. The final FY24 bill authorized a limited pilot to decouple up to 1,000 units of RA, but the budget does not propose any limits.

The budget requests Section 542 voucher funding be used only to renew “legacy vouchers,” $11.79 million in unobligated voucher funds be rescinded, and $20 million be added to provide HUD tenant protection vouchers for tenants “in USDA properties that are unable to refinance, participate in the multi-family preservation and rehabilitation options, or decouple.”

 

Program
($ in millions)
FY23 Final FY24 Final FY25 Budget FY25 House* FY25 Senate* FY25 Final*
502 SF Direct Loans $1,250 $880 $1,250
     Nat. Amer. SF Demo 7.5 5 7.5
502 SF Guar. Loans 30,000 25,000 30,000
504 VLI Repair Loans 28 25 28
504 VLI Repair Grants 32 25 30
515 MF Direct Loans 70 60 70
514 Farm Labor Hsg. Loans 20 15 25
516 Farm Labor Hsg. Grants 10 7.5 10
521 Rental Asst. 1,488 1,608 1,690
523 Self-Help TA 32 25 32
533 Hsg. Prsrv. Grants 16 10 16
538 MF Guar. Loans 400 400 400
542 Vouchers 48 48 38**
Rental Prsrv. Demo (MPR) 36 34 90
Rental Prsrv. TA 2 1 0
Rural Cmty. Dev’t Init. 6 5 6
Cmty. Facil. Direct Loans 2,800 2,800 1,250
Cmty. Facil. Grants 25 5 22
Tribal Colleges CF Grants 10 8 10
Energy Cmties. Grants 10
Cmty. Facil. Guar. 650 650 650

Abbreviations key

  • MF: Multfamily (Rental)
  • SF: Single-Family (Homeownership)
  • TA: Technical Assistance
  • VLI: Very Low-Income

* These columns will be filled in as the FY25 funding process progresses.

** This $38 million is to renew vouchers already issued. Most tenants in USDA-financed rental properties where mortgages end or are paid off would receive Section 521 Rental Assistance under the Administration’s decoupling proposal. An additional $20 million is included in the HUD tenant protection vouchers account to provide new vouchers for tenants “in USDA properties that are unable to refinance, participate in the multi-family preservation and rehabilitation options, or decouple.”

Rental Preservation

HAC Announces New Center for Rural Multifamily Housing Preservation

Contact: Kristin Blum
kristin@ruralhome.org
(202) 842-8600

Washington, DC, March 6, 2024 – The Housing Assistance Council (HAC) is announcing the creation of the Center for Rural Multifamily Housing Preservation, a cross-disciplinary initiative to preserve rural rental housing, particularly properties financed through the U.S. Department of Agriculture’s “Section 515” program.  The Center will provide technical assistance and expertise to preserve the long-term affordability of this critical housing stock. HAC’s Kristin Blum, a recognized expert in the affordable housing industry, has been tapped to lead the initiative.

“The time to act is now,” according to HAC CEO David Lipsetz. “The cost of housing is at a historic high across the United States. Workers, seniors, young people, and families are all feeling the pinch. As the nation’s rural housing intermediary, HAC must do its part to help small towns keep great quality housing and build to meet the demands of the modern economy. The Center will do just that.”

The Center for Rural Multifamily Housing Preservation will promote what works, create solutions where needed, and advance the role of housing organizations in rural communities. It will draw on HAC’s decades of success working with communities to preserve existing affordable rental housing and build more where it is needed. “The Center will bring together HAC’s unique combination of resources – lending, research, policy and direct technical assistance – to both preserve individual properties and redefine the preservation process,” Kristin Blum points out.

Rental homes financed by USDA are an important source of affordable rental housing that can be found in 87 percent of all U.S. counties. The Department’s Section 515 program alone produced 550,000 affordable apartments in rural communities. Unfortunately, the program has not produced new units in over a decade and has lost more than 150,000 of its original units to reach its current size of less than 390,000 units, according to the recent FY2023 Multifamily Housing Occupancy Report. In many rural communities, these apartments are the only affordable rental housing available. Two thirds of those families and individuals in Section 515 properties are seniors or individuals with disabilities, and the average income of tenants is less than $16,000.

In the face of this escalating crisis, existing preservation efforts have suffered from a lack of adequate public and private funding and a disproportionate focus on unique transactions. A cohesive, broad preservation strategy is needed to effectively address this crisis before it reaches its peak in the next several years. Through the Fiscal Year 2024 appropriations bill, Congress has granted USDA the authority to pilot a new proposal to decouple Section 515 mortgages and Section 521 rental assistance – an opportunity that will require substantial stakeholder engagement and capacity-building to be successful.

“These apartments are home to families, seniors, and individuals with disabilities who could otherwise face homelessness,” Lipsetz said. “It’s time for the country – including the federal government and philanthropy – to invest some real muscle in preserving these vital homes before they are lost forever.”

“I can think of nobody better than Kristin to lead this critical initiative,” continued Lipsetz, “She has done remarkable work as a senior member of HAC’s Lending team and brings a wealth of prior experience building the capacity of the nonprofit housing sector.” With support from the USDA and Fannie Mae, the Center for Rural Multifamily Housing Preservation will bring together all of HAC’s expertise across the fields of lending, technical assistance, federal policy, and research in pursuit of transformational solutions to preserve this critical stock of affordable rural rental housing.

For more information, contact: crmhp@ruralhome.org

About the Housing Assistance Council

The Housing Assistance Council (HAC) is a national nonprofit that supports affordable housing efforts throughout rural America. Since 1971, HAC has provided below-market financing for affordable housing and community development, technical assistance and training, research and information, and policy formulation to enable solutions for rural communities.

Explore some of HAC’s past work on Section 515 preservation:

HAC’s 2024 Rural Housing Policy Priorities

HAC’s 2023 Senate Banking Committee Testimony on Section 515 Preservation

HAC’s 2022 Annual Report

HAC’s 2022 Rural Research Brief on Section 515 Preservation

HAC’s 2018 “Platform for Preservation” Report on Section 515 Preservation

###

Policy News town

Final FY24 Spending Bill Cuts Most Rural Housing Programs

All but three of USDA’s rural housing programs receive funding cuts in the final minibus appropriations bill released by congressional leaders on March 3. The bill is expected to pass before funding for several agencies, including USDA, runs out on March 8. Section 521 Rental Assistance, Section 542 vouchers, and Section 538 rental housing guarantees are the only rural housing programs that are not reduced.

— HAC’s analysis of FY24 appropriations for HUD is available here. —

The bill does include a new rental preservation effort supported by HAC and many others. It establishes a pilot program to decouple up to 1,000 Section 521 Rental Assistance units from Section 515 or 514 mortgages. Currently, when one of these mortgages is fully paid off, the tenants lose their Rental Assistance. The bill limits decoupling to situations where USDA determines that a maturing loan “cannot reasonably be restructured with another loan or modification.” Congress’s explanatory statement on the bill “directs the Department to have strong stakeholder engagement and to provide the [House and Senate Appropriations] Committees with monthly updates on the implementation of this policy.”

Other rental housing preservation efforts are reduced, with Section 515 falling from $70 million in FY23 to $60 million this year and Multi-Family Rental Preservation and Revitalization (MPR) cut back from $36 million to $34 million. The Rental Preservation Technical Assistance program receives $1 million, half as much as in FY23, although it was not included at all in the Administration’s budget or the House or Senate bills.

USDA’s flagship Section 502 direct mortgage program, which enables low- and very low-income families to buy their first homes, is cut from $1.25 billion in FY23 to $880 million in FY24. Even Section 502 guarantees, which serve slightly higher income households than Section 502 direct and cost the government very little, are reduced from $30 billion to $25 billion. The self-help housing program, which enables local nonprofit organizations to help families build their own homes, is also cut, from $32 million to $25 million.

This agreement on funding for FY24 – which started on October 1, 2023 – comes just one week before the President’s budget for FY25 will be released, kicking off the process of determining funding for next year.

USDA Rural Dev. Prog.

(dollars in millions)

FY23 Final Approp. FY24 Admin. Budget FY24 House Committee Bill
H.R. 4368
FY24 Senate Bill
H.R. 4366
FY24 Final
502 Single Fam. Direct $1,250 $1,500 $881 $850 $880
    Nat. Amer. SF Demo. 7.5 12 5 7.5 5
502 Single Family Guar. 30,000 30,000 30,000 30,000 25,000
504 VLI Repair Loans 28 50 25 28 25
504 VLI Repair Grants 32 40 25 32 25
515 Rental Hsg. Direct Lns. 70 200 60 60 60
514 Farm Labor Hsg. Lns. 20 50 13 25 15
516 Farm Labor Hsg. Grts. 10 18 5 10 7.5
521 Rental Assistance 1,488 1,650 1,607 1,608 1,608
523 Self-Help TA 32 40 25 32 25
533 Hsg. Prsrv. Grants 16 30 10 16 10
538 Rental Hsg. Guar. 400 400 400 400 400
Rental Prsrv. Demo. (MPR) 36 75 34 35 34
542 Rural Hsg. Vouchers 48 38 48 48 48
Rental Prsrv. TA 2 1
Rural Cmnty. Dev’t Init. 6 5 6 5
Community Facil. Loans 2,800 2,800 2,800 2,800 2,800
Community Facil. Grants 325.5* 87 317* 32 5
    Tribal Colleges CF Grts 10 ? 6 10 8
Community Facil. Guarantees 650 650 650 650 650

* These Community Facilities grant amounts include funds earmarked by members of Congress for specific projects (called “Congressionally Directed Spending” or “Community Project Funding”).

Senate Minibus Includes HUD and USDA

On November 1, 2024, the Senate passed a “minibus,“ H.R. 4366, that includes funding for USDA, Transportation-HUD, and Military Construction-VA. On September 28, the House voted against its USDA appropriations bill.

Senate and House Committees Adopt Different Figures for FY24 USDA Spending

On June 22, the Senate Appropriations Committee passed its version of USDA’s funding bill for fiscal year 2024. Senate appropriators are using the spending limits set in the Fiscal Responsibility Act —  the debt ceiling compromise — while the House is developing spending bills to fit lower caps. As a result, the Senate bill proposes higher amounts than the House for most rural housing and community facilities programs. It would keep most of them at FY23 levels.

Funding Levels

While keeping most programs at FY23 spending levels, the Senate bill would reduce funding for the flagship Section 502 direct mortgage program. It proposes $850 million rather than this year’s $1.25 billion. It would also increase the lowest possible subsidized interest rate for Section 502 direct loans to 2% from the current 1%.

Rescissions

The bill would cancel some funds appropriated in prior years but not yet spent: $3 million in the rural voucher account and $30 million intended for Section 504 grants.

Rental Preservation

The Senate bill, unlike the House’s version, adopts the administration’s proposal for decoupling Section 521 Rental Assistance from Section 515 and 514 mortgages in limited circumstances. When a USDA mortgage is paid off, an owner could continue to receive RA if the property has RA already and there is no other way to preserve the property as affordable housing. Decoupled RA could be provided for a maximum of 15,000 units in FY24.

Other Provisions

The report that accompanies the Senate bill “encourages” USDA to increase maximum grants for the Rural Community Development Initiative from $250,000 to $500,000 and “to allow an advance of 25 percent of grant funds prior to a match being supplied.”

The final section of the bill (Title VII) is separate from the main provisions relating to housing and CF programs but contains several housing-related provisions, including the Section 502 interest rate change (Sections 771 and 774) and rescissions (Sections 732 and 744). It would also extend the terms of Section 523 self-help land development loans and Section 524 site development loans to five years instead of the current two (Sections 761 and 762). It would raise the statutory cap on the number of rural housing vouchers, which has been raised for one year at a time in past appropriations bills, from 5,000 to 10,000.

House Committee Passes FY24 USDA Appropriations

The full House Appropriations Committee approved a fiscal year 2024 funding bill for USDA on June 14, 2023. The committee made some changes in the bill passed by the Agriculture Appropriations Subcommittee on May 18, but none were related to housing and community facilities. The measure retains the housing and CF program cuts adopted by the subcommittee.

New Details on Proposed Cuts

The full House committee released report language to accompany the bill, which provides some details not previously available. The report makes clear there would be a large cut to the pool of funding for standard community facilities grants that would be available through USDA’s competition: the total would plunge by 86%, from $25.3 million in FY23 to just under $3.6 million in FY24. Section 514 loans for farmworker housing would fall from $20 million in FY23 to $13 million in FY24, and Section 516 grants would drop from $10 million to $5 million. Section 504 grants and Section 533 would also decrease.

Like its subcommittee, the House Appropriations Committee states that its $1.607 billion will “fully fund the [Section 521 Rental Assistance] program,” without explaining why the amount differs from the administration’s budget request or whether “all” includes the 27,000 contracts added by the American Rescue Plan Act. (The administration’s total also includes $6 million for RA in new Section 515 units; that amount is not included in the House bill because it would not provide Section 515 funding for new units.)

Disadvantaged Farmers Program Cancellation Proposed

The full House Appropriations Committee adopted an amendment, proposed by Agriculture Subcommittee Chair Andy Harris (R-Md.), to eliminate a program for disadvantaged farmers that was created in the Inflation Reduction Act. The IRA program replaced one created in the American Rescue Plan Act. The ARPA program would have aided “socially disadvantaged” farmers and ranchers because lawsuits previously determined that USDA discriminated against them. Then white farmers and ranchers sued, claiming it was discriminatory to pay people based solely on their race/ethnicity. While those suits were pending, Congress replaced the ARPA program with a new one in IRA to provide payments to anyone, regardless of race/ethnicity, who could show they experienced past discrimination in USDA farm lending programs. It also included grants and loans to improve land access (including heirs’ property and fractionated land issues) for underserved farmers, ranchers, and forest landowners. And it funded outreach, education, research, equity commissions, and other aid.

The House bill also cancels diversity, equity, and inclusion efforts at USDA. During the markup Rep. Harris noted that it would not impact USDA’s civil rights office.

House Subcommittee Releases Rural Housing Funding Bill

On May 18, 2023, the House Agriculture Appropriations Subcommittee approved a fiscal year 2024 funding bill for USDA, proposing to fund many rural housing programs at levels lower than those requested in the administration’s budget, and in some cases lower than the amounts appropriated in FY23 or FY22.

The full House Appropriations Committee scheduled its own mark-up for May 24, then postponed it without setting a new date.

The administration’s budget documents state that its $1.65 billion request for Section 521 would renew all current Rental Assistance contracts, including 27,000 contracts added by the American Rescue Plan Act. The subcommittee’s summary says its $1.607 billion “fully funds existing rental contracts to ensure rural residents will not be displaced,” but does not specifically mention the ARPA units and does not explain the discrepancy between its figure and the budget’s. The administration’s total also includes $6 million for RA in new Section 515 units; that amount is not included in the House bill because it would not provide Section 515 funding for new units.

The House bill would also rescind unspent monies from the American Rescue Plan Act and the Inflation Reduction Act and would prohibit USDA spending on climate-change-related items including energy efficiency.

The Senate has not yet released proposed appropriations bills.

White House Budget Requests Increases in Rural Housing Funding

March 13, 2023 — The White House’s detailed budget request for fiscal year 2024 would increase funding for almost all of USDA’s rural housing and community facilities programs.

View a recording or the slides from HAC’s webinar on Rural Housing in the Fiscal Year 2024 White House Budget, which examined the budget’s contents and what to expect over the coming months.

Initiatives Requiring Legislation

The budget proposes legislative changes for Section 502 direct homeownership loans and for multifamily housing preservation.

For the Section 502 direct program, subsidy “recapture” would be eliminated. Recapture requires that, when a low- or very low-income homeowner with a Section 502 loan sells the house or moves, they must repay the subsidy amounts they have received over the life of the loan. The administration estimates that eliminating this penalty for current borrowers would cost USDA $996 million. It also proposes that Section 502 direct loans made in 2024 will not to be subject to recapture.

Like last year’s budget, the FY24 request proposes to provide HUD vouchers rather than USDA vouchers for tenants who lose Section 521 Rental Assistance when the USDA Section 515 or 514 mortgage ends for the property where they live. The HUD budget includes $20 million for these vouchers. USDA also again asks Congress to “decouple” RA from USDA mortgages so that some tenants can continue to receive RA after their properties’ mortgages end.

Funding Requests

The budget’s proposed $1.65 billion for Section 521 Rental Assistance would enable USDA to renew all of its RA contracts, including 27,000 contracts added by the American Rescue Plan Act.

The $200 million funding level for Section 515 is intended to provide enough for some new construction as well as preservation of existing properties. The Section 521 request includes $6 million to provide RA for the new Section 515 units.

The Rural Community Development Initiative, which funds capacity building for local organizations, would receive more than three times as much funding in FY24 as in FY23. The budget requests a leap from $6 million to $22.8 million, without explaining a particular reason for the increase. (RCDI is a setaside within the community facilities grants program but is not limited to recipients of CF funds.)

The budget asks Congress to authorize foreclosure authority for USDA RD’s multifamily office that would be equivalent to HUD’s.

All housing construction or rehabilitation would be required to improve energy or water efficiency, or address climate resilience.