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USDA FY17 Funding Moves Forward in Senate

On May 19, 2016 the Senate Appropriations Committee approved a USDA fiscal year 2017 spending bill that had passed the Agriculture Appropriations Subcommittee on May 17. The bill funds most rural housing programs at their FY16 levels, and provides increases requested by the Administration’s budget for Section 521 Rental Assistance, Section 542 vouchers, and Section 538 rental housing guarantees. It also raises Section 515 rental housing to $40 million, higher than either the budget or the House bill. (Details are in the table below.)

The Committee’s report makes clear its concerns about rural rental housing issues, describing the anticipated loss of affordable rental housing due to the “alarming number” of USDA rental housing mortgages that are scheduled to mature in the next few years. It tells the department “to engage affordable housing advocates, project owners, tenants, and others as practicable, to find acceptable and effective long term solutions that will retain projects in the affordable rural housing program.” Meanwhile, it says, it is providing several types of short term assistance:

  • As an incentive for nonprofits and PHAs to purchase USDA rental properties and keep them in the program, such entities would be allowed to earn a return on investment on their own resources invested in a deal, including proceeds from Low Income Housing Tax Credit syndication, their own contributions, grants, and developer loans at favorable rates and terms.
  • Property owners would be allowed to receive an asset management fee of up to $7,500 per property (rather than the $7,500 per owner that USDA has been providing).
  • Section 515 funding would be increased by over $11 million, “to be used for transfers to new owners, and for re-amortizations and other servicing actions that will trigger new, extended restricted use agreements retaining the properties in the program.”
  • A pilot program, funded at $1 million, would provide technical assistance to facilitate transfers of properties to nonprofits and other new owners.

The bill also requires USDA to report every quarter on the number of Rental Assistance renewals approved, on the amount of RA available, and the anticipated need for RA for the remainder of the fiscal year. The Committee’s report expresses concern about past inaccurate calculations of the amount of RA needed, notes that USDA has implemented a new tool to determine RA needs, and directs the agency to perform a detailed analysis of the tool’s accuracy and to report its findings to the Committee within six months of the bill’s enactment, as well as reporting “immediately” any inadequacies found in the forecasting tool.

Unlike the House bill, the Senate’s version does not allow use of Section 542 vouchers for tenants in properties whose mortgages mature.

The House committee passed its F17 Agriculture appropriations bill, H.R. 5054, in April (as reported in the HAC News, 4/20/16). The House bill provides steady or increased funding levels for USDA’s rural housing programs. It increases Section 523 self-help technical assistance funding to $30 million and raises Section 502 direct to $1 billion. Section 521 Rental Assistance and Section 542 vouchers would receive amounts that, according to the Administration’s budget, will allow for renewal of all current aid, new RA for new farmworker housing properties, and new vouchers for tenants in properties leaving the Section 515 program for any reason, including mortgage maturity. It also includes Administration language that would extend voucher eligibility and allow USDA to set priorities for voucher distribution.

The House Committee’s report tells USDA to provide it with a list of criteria used to define “rural in character” in determining what places are considered rural and therefore eligible for housing program funding.

NOTE: When this table was first posted there was an error in the Senate bill’s figure for Section 502 direct. It has been corrected. The Senate bill provides $900 million, not $1 billion, for Section 502 direct.

USDA Rural Dev. Prog.
(dollars in millions)

FY16
Approp.

FY17 Budget Proposal

FY17 House Cmte. Bill (H.R. 5054)

FY17 Senate Cmte Bill (S. 2956)

502 Single Fam. Direct
Self-Help setaside

$900
5

$900
0

$1,000
5

$900
5

502 Single Family Guar.

24,000

24,000

24,000

24,000

504 VLI Repair Loans

26.3

26.3

26.3

26.3

504 VLI Repair Grants

28.7

28.7

28.7

28.7

515 Rental Hsg. Direct Lns.

28.4

33.1

35

40

514 Farm Labor Hsg. Lns.

23.9

23.9

23.9

23.9

516 Farm Labor Hsg. Grts.

8.3

8.3

8.3

8.3

521 Rental Assistance

1,390

1,405

1,405

1,405

523 Self-Help TA

27.5

18.5

30

27.5

533 Hsg. Prsrv. Grants

3.5

0

5

3.5

538 Rental Hsg. Guar.

150

230

200

230

Rental Prsrv. Demo. (MPR)

22

19.4

22

22

542 Rural Hsg. Vouchers

15

18

18

18

Rural Cmnty. Dev’t Init.

4

4

4

4

Section 502 Guarantee Program Regs Revised

Following is the text of an email announcement USDA Rural Development sent to stakeholders on May 3, 2016 regarding the Section 502 guarantee program.

A final rule amending the Section 502 guaranteed loan regulation (7 CFR 3555) was published on May 3, 2016 and will be effective on June 2, 2016. The following sections were changed:

  • 3555.101 Loan Purposes: The Agency is making the “Streamlined-Assist” refinancing option, which has been successfully tested in a pilot, a permanent program feature. The streamlined-assist refinance differs from traditional refinance options in that there is no requirement for an appraisal, a credit report, or the calculation of debt-to-income ratios, as long as the borrower is of low or moderate income and has been current on their first mortgage for the previous twelve months. A new appraisal is required for direct loan borrowers who received a subsidy for the purposes of calculating subsidy recapture. The borrower must receive a tangible benefit to refinance under this option. A tangible benefit is defined as a $50 or greater reduction in their principal, interest, taxes and insurance (PITI) which includes the annual fee payment on the new guaranteed loan when compared to the existing PITI including the annual fee payment.
  • 3555.108 Full Faith and Credit: The Agency is expanding its lender indemnification authority as per a recommendation by the Office of Inspector General. If a loan originator did not follow Agency guidelines in underwriting a loan, and then sells it to another lender, and the loan defaults because of the underwriting deficiency, the Agency will require the originator to indemnify or repay the Agency the amount of any loss claim associated with the loan. The old indemnification authority applied if a loss claim was paid within 24 months of origination. The expanded authority is if the loan defaults within 60 months of origination.
  • 3555.109 Qualified Mortgage: The Agency has defined what a “qualified mortgage” is, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act. Any loan guaranteed by the Agency is a qualified mortgage as long as the originator did not charge the borrower points and fees above the limits established by the Consumer Financial Protection Bureau.

Additional guidance will be provided with Handbook HB-1-3555 updates which will be published on June 2, 2016.

Questions regarding this announcement may be directed to the National Office Division at 202-720-1452. [HAC note: The contact person listed in the Federal Register notice about the rule change is Lilian Lipton, USDA RD, 202-260-8012.]