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HAC Supports Rural Provisions in Capital Magnet Fund Interim Rule

The CDFI Fund has released for comment an interim rule for the Capital Magnet Fund (CMF) program. The Capital Magnet Fund offers competitively awarded grants to CDFIs and nonprofit affordable housing organizations to finance affordable housing solutions and community revitalization efforts that benefit individuals and families with low-incomes and low-income communities nationwide. HAC has received several CMF awards, most of which have been used for the preservation of USDA’s Section 515 multifamily properties amid the maturing mortgage crisis. HAC is broadly supportive of the CMF interim rule, and submitted comments on several rural elements, including:
  • Support for the addition of a national Rural Service Area. This change will make it easier to use CMF in rural areas, and will all organizations who serve rural areas across the country to be nimble and flexible with their CMF funds.
  • Support for aligning CMF income targeting with other federal programs, with the caveat that the application competition should prioritize applications that propose deeper income targeting. Not all CMF deals include LIHTCs, especially in rural places. We encourage the CDFI Fund to consider how to continue to encourage this deeper income targeting in the CMF application scoring process, since raising the Very Low-Income threshold could result in fewer households under 50 percent AMI being served.
  • Support for the use of the Duty to Serve definition for rural areas. HAC has done extensive research on the myriad of rural definitions, and feels that the Duty to Serve definition is the most precise rural definition available.
HAC CMF Rule Comments 08.26.24
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HAC Comments on Proposed GSE Duty to Serve Plans for 2025-2027

As part of the Duty to Serve program, Fannie Mae and Freddie Mac (the Enterprises) have submitted for comment their proposed 2025-2027 Underserved Markets Plans. Duty to Serve requires the Enterprises to proactively serve three historically underserved markets: rural housing, affordable housing preservation, and manufactured housing. The rule requires each Enterprise to develop three-year Underserved Markets Plans, and these 2025-2027 Plans represent the next upcoming cycle of Duty to Serve activity.

HAC has submitted comments on all three underserved markets. While our comments covered many different topics and aspects of the proposed Plans, some highlights include:

  • Duty to Serve goals that rely on low baselines and/or do not scale up year-over-year do not send a message of proactive commitment from the Enterprises. A great deal of work has clearly gone into these Plans, and HAC applauds many of the goals laid forth. However, we continue to feel that, broadly, the Plans are not ambitious enough when compared to the need on the ground in rural areas. The true, yet-untapped potential of Duty to Serve requires the Enterprises to set and stick to ambitious goals, and we encourage that in the 2025-2027 Plans.
  • Permitting targeted equity investments in CDFIs is, in HAC’s opinion, the single most impactful action that the FHFA could currently take to improve Duty to Serve outcomes. It would allow community-based nonprofit lenders to bring the power of the Enterprises to markets in which little to no mortgage activity currently occurs, growing new markets for future activity by the Enterprises. We continue to encourage the FHFA to take this opportunity to approve the use of the equity investment tool for CDFIs.
  • The preservation of USDA Section 515 multifamily properties must remain a core Duty to Serve goal. Section 515 preservation deals are complex and time consuming, and HAC appreciates the time that both Enterprises have invested in exploring avenues for engagement with the preservation of this important rural rental housing stock. But more ambitious Section 515 preservation goals are needed from both Entreprises, especially Freddie Mac.
  • The focus in the proposed Plans on heirs’ property and colonias is welcome. We encourage even more robust goals in these areas, as well as goals specifically for farmworker communities.
  • Much more ambitious goals are needed for loan purchases and other activities in Native communities. Housing finance in Native American communities has been a stunning example of both racial and geographic inequity at both the policy and private market levelsMany lenders have all too often chosen to simply not serve these investment-worthy markets. The Enterprises need to set significantly higher loan purchase goals for Native families living in Indian areas.
  • Renewed commitment to the purchase of manufactured housing loans titled as personal property is needed. The majority of manufactured homes are financed with personal property, or “chattel,” loans. The Enterprises could play a positive role by bringing chattel loans into their secondary market and encouraging more favorable terms for borrowers who rely on these loans.
HAC DTS 2025-2027 Plan Comments FINAL
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HAC Comments on Proposed New Rule for HOME Investment Partnerships Program

In late May, HUD published a proposed rule which would enable much needed revisions and updates to the requirements governing the HOME Investment Partnerships program. The proposed rule would make changes across the HOME program, from homeownership to rental, and included a specific focus on improving Community Housing Development Organization (CHDO) availability and capacity in rural areas. In response, HAC submitted comments on the proposed rule, applauding many of the proposed changes and pushing for additional rural-focused priorities. Specifically, key takeaways in HAC’s comments included:
  • The reality of the rural landscape must be taken into consideration as this new rule is finalized. Affordability is the greatest issue facing rural communities, like it is for the country at large. But rural areas are also disproportionately impacted by persistent poverty, substandard and overcrowded housing, and a lack of local capacity and access to capital.
  • Varying HOME program administration across Participating Jurisdictions (PJs) has been the most significant barrier for the small rural communities we serve. Over the last decade, we have observed that rural organizations experience significant challenges in effectively accessing HOME funds. Primarily, these difficulties arise from how PJs have adapted their programs, largely as a response to the 2013 regulation changes and subsequent funding reductions. PJs will need significant training in the impacts of this new rule to ensure it is implemented effectively.
  • Regulatory change alone cannot solve all the challenges within the HOME program. Because of the highly prescriptive nature of the HOME statute, a variety of statutory changes are also needed to fully transform the program such that it more positively impacts rural America.
  • Rural Community Housing Development Organizations will benefit from the proposed changes, but more is needed to move the needle. HAC applauds changes to Board Member requirements, organizational capacity requirement, and capacity building funds. We do, however, have concerns around the proposal to allow for statewide CHDOs, intended to improve rural program outcomes. Statewide CHDOs could inadvertently further disadvantage small, rural groups who are hoping to access the CHDO set-aside by forcing them to potentially compete with high-capacity, statewide organizations.
  • Streamlining and improved flexibility across the program is welcome. Helpful changes are proposed with respect to homebuyer housing, rental housing, Community Land Trusts, tenant-based rental assistance, tenant protections, maximum per-unit subsidy limits, and green and resilient property standards. These changes will help small, lower capacity groups to access and see success with the HOME program.
HAC HOME Rule Comments 07.29.24 FINAL
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HAC Applauds New Farm Bill Framework

The Housing Assistance Council (HAC) celebrates the inclusion of key priorities for rural community development in the Rural Prosperity and Food Security Act, released by Senate Agriculture Committee Chairwoman Debbie Stabenow earlier this week. Strong rural communities are a vital part of building a stronger, better future for the whole country. This bill recognizes that reality. Including robust new resources for rural community development in the Farm Bill would be a historic victory for small towns and rural places nationwide.

The framework released by Chairwoman Stabenow creates, for the first time, baseline funding for Rural Development, with $50 million per year for the Rural Partnership Program, a new capacity building program that HAC has long been supportive of. This sustained investment in rural communities would help them build the capacity to access complex federal funding streams and overcome their greatest challenges, from housing to childcare to broadband.

HAC also continues to be glad to see the bipartisan interest in Senator Tina Smith’s and Senator Mike Rounds’ Rural Housing Service Reform Act. This bill makes tested, commonsense reforms to USDA housing programs so that they can better serve rural America. Modernizing the Rural Housing Service is an important step in solving the growing crisis in rural multifamily preservation. While not under the jurisdiction of the Agriculture Committee, we hope that this bill can move through the Banking Committee and join with the Farm Bill as a floor amendment.

“Rural Development is an often-overlooked title within the Farm Bill,” notes HAC Director of Public Policy Jonathan Harwitz. “Chairwoman Stabenow’s new framework changes that narrative for Rural Development. Improving those programs and providing baseline funding would give rural communities nationwide the tools they need to build a better, stronger future. We look forward to hopefully seeing the Farm Bill move forward this year and thank Chairwoman Stabenow for her leadership.”

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.

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HAC Comments on Duty To Serve Plan Modifications – December 2023

The Federal Housing Finance Agency (FHFA) put out a call for comments on the Enterprises’ (Fannie Mae and Freddie Mac’s) proposed 2023 Duty to Serve Plan modifications. Both Enterprises proposed cutting a variety of their loan purchase goals in rural areas, citing market conditions as the justification. HAC pushed back on these proposed cuts in our comments. Specifically, HAC made in following points in our comment:

  • HAC is generally agnostic as to which section of Freddie Mac’s Duty to Serve plan USDA Section 515 purchases fall under, but strongly supports their continued inclusion and tangible results. We support mainlining the Section 515 purchases currently included in the rural section of the plan because they focus on rural-targeting of properties.
  • HAC opposes cuts to loan purchase goals in high-needs rural regions and from small, rural financial institutions.
  • HAC opposes cuts to loan purchase goals for manufactured housing communities.
  • HAC supports Fannie Mae’s new proposed objective to better serve the manufactured housing needs of Native communities.
  • HAC support permitting the Enterprises to make equity investments in CDFIs – a decision which relies on approval from the FHFA.
HAC DTS Plan Modification Comments 12.06.23 FINAL
Policy News from the Administration

HAC Comments on OMB Guidance on Grants and Agreements – December 2023

The Office of Management and Budget (OMB) put out a call for comments on their guidance for Grants and Agreements, with a lens toward making grants processes more equitable. HAC submitted comments in support of more proactive geographic equity in the federal grants process. In addition to recognizing capacity building and access to capital as two essential equity issues in rural places, HAC’s comments focused on the recommendations below.

  • Instituting a Rural Impact Analysis for New Regulations
  • Investing in Capacity Building and Rural Intermediaries
  • Eliminating, Reducing or Modifying Cost-sharing and Matching Requirements that Disparately Impact Rural Communities
  • Streamlining and Increasing Uniformity in Applications
  • Including or Increasing Administrative and Predevelopment Costs as Eligible Activities in Rural Places
  • Recognizing the Rural Challenges in Metrics and Data Reporting
HAC Comments on OMB Guidance on Grants and Agreements 12.04.23
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HAC’s Comments on Rental Assistance Decoupling – August 2023

The Fiscal Year 2023 President’s Budget included a request to decouple USDA Section 521 Rental Assistance from Section 515 Multifamily Loans to facilitate the rehabilitation and preservation of the multifamily portfolio. To explore the potential impacts, Congress directed USDA to conduct a series of stakeholder meetings and provide a report on how decoupling would be implemented. HAC submitted comments in support of decoupling, with a focus on the topics below.

  • Making Long Term Affordability Parameters the Top Priority
  • Considering A Pilot Concept When Implementing Decoupling
  • Clarifying the Annual Rent Increase Process for Decoupled RA Units
  • Establishing A Plan for Units Without Rental Assistance in Decoupled Properties
  • Maintaining Support for the Entire Suite of Preservation Programs, Even If Decoupling Becomes an Option
  • Establishing A Plan for Prepayments, Since the Bulk of Units Are Lost to Prepayments
  • Improving Data Transparency At RHS

Read HAC’s full comments.

HAC Decoupling Comments 2023
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HAC’s Comments on Duty to Serve – July 2023

The FHFA requested comments on Fannie Mae and Freddie Mac’s Duty to Serve plans as part of their annual Duty to Serve Listening Sessions. Jonathan Harwitz, HAC’s Director of Public Policy, provided oral comments, accompanied by longer written comments, on behalf of HAC. If implemented robustly, Duty to Serve has the potential to improve the lives of people living in the most underserved communities. HAC’s comments focused on:

  • Maintaining USDA Section 515 preservation as a core goal of the rural Duty to Serve Plans;
  • Permitting targeted equity investments in CDFIs;
  • Using, and further refining, the new Colonias Census Tract definition; and
  • Meeting rural LIHTC equity investment goals.

Read HAC’s full comments.

HAC DTS Rural Listening Session Comments
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HAC’s network supports improvements to USDA’s Rural Housing Service in letter to Congress

With the help of our network of organizations working across the country in rural areas, more than 100 organizations signed on to support bipartisan, cross-Committee collaboration to consider improvements to USDA’s Rural Housing Service (RHS) programs as part of the larger Farm Bill. Historically, the RHS programs have not been included in the Rural Development Title of the Farm Bill because they fall within the jurisdiction of the Banking Committee. But in recent months there has been increased cross-Committee momentum to include some bipartisan RHS modernizations in the Farm Bill, and we want to encourage that momentum to keep building. Check out the letter below to learn more. Thanks to all the organizations who signed on in support!

HAC Rural Housing Farm Bill Sign-on 2023 FINAL