The Housing Assistance Council is an independent, non-partisan and regularly responds to Congressional committees, Member offices, federal agencies, and policy advocacy coalitions with the research and information needed to make informed policy decisions. Our research work, Rural Data Portal, and Veterans Data Central all provide valuable, educational context to frame the rural policy conversation. If you want to know how a new program or policy could impact America’s small towns and rural places, please don’t hesitate to contact us at policy@ruralhome.org.

House on Native American Land, ND

Self-Determination in Tribal Housing: Reflections on NAHASDA’s Impact

Twenty-five years ago, the Native American Housing Assistance and Self-Determination Act (NAHASDA) overhauled federal housing policy for tribal lands. One of its primary goals was to respect the sovereignty of tribes by giving them more power to determine how their federal housing funding is spent. Reauthorizing NAHASDA and making targeted improvements to build upon its first twenty-five years of achievements is one of HAC’s 2022 Rural Housing Policy Priorities.

We asked four experts on housing in Indian Country to reflect on NAHASDA and its impact.

 

Tony Walters

Tony Walters

Tony Walters, Executive Director, National American Indian Housing Council

Washington, DC

Tony Walters explains that NAHASDA “definitely has been a success.” By expanding the capacity of tribal housing authorities to meet the needs of their communities, the act has improved the quality and quantity of tribal housing.

Under NAHASDA, tribal housing authorities receive dedicated, reliable funding. As Walters points out, this steady stream of funds has “put tribes into a position where they can build homes quickly.” It has also increased their capacity, making other federal housing programs (like the Low-Income Housing Tax Credit) more accessible. While tribes undoubtedly need increased resources to offset thirty years of flat funding, NAHASDA has put many tribal housing authorities closer to their goal of being “one stop shops” for all the housing needs of Tribe members. Simply put, there’d be fewer homes without NAHASDA, Walters explains.

Additionally, self-determination has given tribes more ability to tailor housing development to their specific needs. Unlike the former system of federally built homes, the current system allows tribes the flexibility to include important “cultural elements” like community centers and to decide the specific number and location of new homes.

“Housing is the foundation of any community,” Walters notes. While NAHASDA has helped strengthen the foundations of many communities, Walters cautions that increased funding, capacity, and cooperation between government programs are needed to prevent tribal housing projects from “falling through the cracks.” The solution, as Walters sees it, is to expand on the work of NAHASDA by strengthening capacity building and increasing resources.

 

Twila Martin-KeKahbah

Twila Martin-KeKahbah

Twila Martin-Kekahbah, Turtle Mountain Band of Chippewa Indians and HAC board member

Belcourt, ND

Twila Martin-Kekahbah opposed NAHASDA when it was proposed, and still believes that the law has failed to live up to its intentions. While the homes built under the law are successes, they’re nowhere near what is needed.

As she explains, the law recognizes the importance of tribal sovereignty, but it doesn’t provide the level of financial support or assistance necessary to help tribes build their capacity. In other words, NAHASDA’s model of self-determination doesn’t work if tribes don’t have the funding or capacity to act on it. Martin-Kekahbah noted that under NAHASDA, federal experts withdrew from areas where they’d been running housing programs, leaving tribal housing authorities unprepared for the responsibilities before them.

While the intentions of the act were noble, she is left asking a challenging question: “Why would housing be so bad right now if NAHASDA was so great?”

 

Rebecca Patnaude-Olander

Rebecca Patnaude-Olander

Rebecca Patnaude-Olander, Executive Director, Turtle Mountain Housing Authority

Belcourt, ND

Rebecca Patnaude-Olander explained that NAHASDA’s self-determination only allows her housing authority to “be self-determining within guidelines” established by the statute. The Turtle Mountain Housing Authority spends 90% of its budget on operations and upkeep of existing units, with very little left over for new development. While the choice of how to spend federal funds is useful, with so little funding, it’s a “moot point.”

Patnaude-Olander also noted concerns over the structure of funding under NAHASDA. Funding is tied to the homes in a housing authority’s portfolio, which in the case of the Turtle Mountain Housing Authority is “basically the housing stock built under the Housing Act of 1937.” When homes leave the portfolio for any reason—including when they are paid off by tribal families under previous home ownership programs or when it’s no longer feasible to continue to rehab an older unit—funding is affected and may decrease. This makes it even harder to maintain existing units, let alone develop new ones. Additionally, she noted that the law creates a “Catch 22”: many units are vacant because they are too expensive to repair, but vacant units may be subject to losing their federal funding, leaving even fewer resources to address tribal housing needs.

Still, Patnaude-Olander doesn’t have an entirely negative view of NAHASDA. As she explains, without NAHASDA, her community wouldn’t have the ability to maintain its current housing. Plus, the law’s built-in consultation mechanisms give tribes “a seat at the table” for new federal regulations. Still, the model is far from true self-determination. After all, NAHASDA’s housing programs, like all programs, “need the necessary funding allocated to effectively run them.”

 

Dave Castillo

Dave Castillo

Dave Castillo, CEO, Native Community Capital and HAC board member

Tempe, AZ

Dave Castillo began his career the year after NAHASDA was signed into law. As he explains it, his colleagues held the expectation that this law would open a new era in tribal housing. “NAHASDA created opportunity,” he explains, but it required tribes to seize it.

The opportunity created by NAHASDA hasn’t yet been fully actualized, in Castillo’s view. With a “severe lack of precedent” developing new properties, instead of just maintaining them, and without the necessary capacity building, many tribal housing authorities were unable to take full advantage of the opportunities before them.

Additionally, NAHASDA hasn’t completely succeeded at bringing more funding to tribal housing. Under the law’s “regressive” funding formula, housing authorities lose funding when homes leave their portfolio. Also, since there is an expectation that tribes will leverage their NAHASDA allocation with other grants or private investment—which has been difficult if not impossible to attract—many innovative tribal housing initiatives have stalled. To make matters worse, the legislation’s goal of stimulating mortgage lending on tribal trust lands has been undercut by a loophole which gives banks credit for loans made to tribal members living off-reservation.

While Castillo has seen little “recognition of [NAHASDA’s] shortcomings,” (reauthorization of the law has failed every year since 2013) the law still contains valuable opportunities. For example, it requires federal agencies to negotiate new housing rules with tribes, a process known as “negotiated rulemaking.” In the end, Castillo takes a nuanced view on NAHASDA’s legacy. It provides an incredible opportunity, yet “we are failing” to meet Indian Country’s housing needs, even with NAHASDA.

Policy News from the Administration

HAC’s Recommendations to the CFPB on HMDA Rule Assessment

HAC submitted comments in response to the Consumer Financial Protection Bureau’s (CFPB) Request for Information regarding the Home Mortgage Disclosure Act (HMDA) Rule Assessment. HAC and our rural stakeholders have relied on HMDA data for decades to improve our understanding of rural mortgage markets. The CFPB will use these stakeholder comments to help better evaluate the effectiveness of these changes in meeting the purposes and objectives of Title X of the Dodd-Frank Act.

Key takeaways:

  • Reporting Threshold

    HAC strongly urges the CFPB to return to the 25-origination reporting threshold, for closed-end loans, as opposed to the new 100-origination threshold, in order to more accurately capture rural markets that are disproportionately served by small financial institutions.

  • Reliability Index

    HAC Recommends that the CFPB resource and publish a HMDA “Reliability Index.” While not a fix for overly limited reporting thresholds, the development of an indicator would be helpful for the CFPB, data users, and consumers.

  • Additional Data

    HAC applauds increased HMDA data reporting, but additional data and reporting are still needed. While the new housing data points – specifically those on manufactured housing – enhance the HMDA data usefulness, more data could improve an understanding of certain underserved markets. This is particularly true when it comes to tribal lands and specific loan programs.

  • Data Browser

    HAC applauds CFPB’s HMDA data browser, which offers improved access to HMDA data over previous interfaces.

HAC’s 2022 Rural Housing Policy Priorities

Federal policy has an important and lasting impact on rural places. For the last 50 years, the Housing Assistance Council (HAC) has been the voice for the poorest of the poor in the most rural places. Our deeply rooted work in communities across the country informs our research and drives our policy positions. Our independent and non-partisan work with members of Congress, federal agencies, affordable housing and community development organizations, and other stakeholders ensures the most vulnerable rural populations – especially those in high-needs regions like the Mississippi Delta, rural Appalachia, farmworker communities, the Southwest border colonias and Indian Country – have improved access to safe and affordable housing opportunities.

Rural America is home to about 20 percent of the U.S. population and covers more than 90 percent of the U.S. landmass. Its small towns and rural regions are diverse demographically and economically, and face a wide array of local challenges and opportunities for developing their communities and housing. While each place is unique, HAC has documented several themes. Persistent poverty is a predominantly rural condition. Habitable rural housing is in severely short supply. The adequate housing that does exist is often unaffordable because rural incomes are low and run well below the national median. Rural housing lacks adequate plumbing and kitchen facilities at a rate above the national average. Overcrowding is not uncommon in some rural regions. Decades of stagnant rural house prices have denied owners the wealth and mobility so often associated with buying a home. And racial inequity is endemic as the result of housing policies and banking practices that excluded rural people of color. Complicating these challenges, a lack of reliable rural data obscures rural realities.

In addressing these issues, HAC’s policy priorities include:

  1. Building the capacity of local affordable housing and community development organizations deeply rooted in rural places;
  2. Expanding access to credit and safe, affordable lending in underserved rural communities;
  3. Improving the overall quality, availability and affordability of housing to buy and rent in small towns and rural places; and
  4. Preserving, increasing and tailoring resources for federal affordable housing programs serving rural populations.

We invite you to view our 2022 Policy Priorities and explore the various policy issues facing rural communities.

HAC's Policy Priorities for 2022
Policy News from Congress

Federal Funding Extended to February 18

Hours before a temporary spending measure was set to expire on December 3, both houses of Congress passed and President Biden signed another continuing resolution that will carry funding through February 18, 2022. Fiscal year 2022 began on October 1, 2021.

The measure holds most government programs, including housing programs at USDA and HUD, at their fiscal 2021 funding levels. Bills proposing increased resources for housing at both USDA and HUD passed the House of Representatives in July 2021 and have been introduced in the Senate.

 

Policy News from the Administration

HAC Applauds OCC Rescinding 2020 CRA Rule

HAC submitted comments in response to the Office of the Comptroller of the Currency’s (OCC) proposal to rescind its June 2020 Community Reinvestment Act (CRA) rule. HAC applauds the OCC’s move to rescind and replace this rule, and we look forward to working together in the future to improve and modernize the CRA in a way that equitably serves rural places. To explore HAC’s 2016 CRA research series, “The Community Reinvestment Act in Rural America,” click here [https://ruralhome.org/rural-cra-resources/].

Key takeaways:

  • Support the CRA

    HAC unequivocally supports the Community Reinvestment Act

  • Opposed June 2020 Rule

    For numerous reasons, HAC did not support the OCC’s June 2020 rule and is glad to see this proposed rescinding

  • CRA Modernization

    OCC should work together with the Board of Governors of the Federal Reserve System and Federal Deposit Insurance Corporation (FDIC) to thoughtfully modernize CRA

  • Promote Equity

    Any CRA modernizations should seek to equitably serves rural places

HAC OCC CRA Rule Rescinded Comment
Rory Doyle/ There is More Work to be Done

Historic Housing & Capacity Building Investments in Build Back Better Framework

Statement from HAC’s CEO

This is a moment housing advocates have been waiting for. Today, President Biden announced a Build Back Better framework that would make robust investments in affordable housing and capacity across the country. This historic investment would drive prosperity and equity for small towns and rural places.

Rural communities hold vast potential to drive economic growth and improve the quality of life for all Americans. Access to quality, affordable housing is key to jumpstarting that potential. Building and preserving homes creates jobs, improves education and health outcomes, and provides much-needed financial and physical stability to low-income families.

The framework includes a $150 billion investment in affordable housing nationwide, which would build more than a million new affordable homes, expand rental assistance, and help families afford down payments. It would also establish a new Rural Partnership Program, empowering rural communities (including Tribal Nations) with capacity building resources.

Everyone deserves a safe, decent, and affordable place to call home. The Build Back Better framework would bring our country much, much closer to achieving that vision.

 

David Lipsetz

CEO, Housing Assistance Council

 

Policy News from the Administration

HAC Recommends a Focus on Racial and Geographic Equity in FHFA Comments

HAC submitted comments in response to the Federal Housing Finance Agency’s (FHFA) Request for Input (RFI) on the Enterprise Equitable Housing Finance Plan framework. Fannie Mae and Freddie Mac (the Enterprises) have been instructed to submit Equitable Housing Finance Plans to FHFA by the end of 2021. The Plans will frame the Enterprises’ goals and action plans to advance equity in housing finance for the next three years. These plans will work alongside other FHFA efforts, including Duty to Serve, the importance of which HAC has long championed. HAC applauds the focus on equity outlined in this RFI, and encourages consideration of the unique needs of rural communities of color in the creation of the Equitable Housing Finance Plans.

Key Takeaways

  • Limited Activity

    Enterprise activity in rural communities of color has been very limited.

  • Support Capacity Building

    Enterprise support for capacity building and access to capital are critical factors necessary to build racial and geographic equity in rural places

  • Rural is Different

    Rural realities must be considered in the creation of the plans

  • Stakeholder participation

    Stakeholder engagement in the process of creating and revising the plans will be key

FHFA Equitable Housing Finance Plan Comments 10.25.21
Policy News from the Administration

HAC Urges Census Bureau to Expand Data Offerings

The Housing Assistance Council (HAC) has submitted comments to the U.S. Census Bureau on its new 2020 Census Data Product Planning Crosswalk

HAC urges the U.S. Census Bureau to provide sub-county geographies in all elements of the new Data Product Planning Crosswalk, as well as all public-use data products it produces. Political and economic geography is an important consideration when determining the population and residential patterns of an area. The county is a commonly used unit of geography. In many rural areas, the county is often identified within political, social, and economic contexts.  However, county-based designations are not the optimum criteria on which to assess or research social, economic and housing conditions.

The Housing Assistance Council is pleased to have this opportunity to provide comments to the U.S. Census Bureau on its new 2020 Census Data Product Planning Crosswalk. HAC looks forward to working with the Census Bureau to continually improve the provision of data for all communities – urban, suburban, and rural.

Read HAC’s Comments.

Shawn Poynter/ There is More Work to be Done

UPDATE – 120 organizations sign on to Support rural housing and capacity building in the Build Back Better Act

Thank you! With your help 120 organizations signed on Congressional leadership yesterday in support of the robust rural housing and rural capacity building investments in the House bills for the Build Back Better Act. Nearly 120 organizations from across the country signed on to support these important investments.

Read the Letter

HAC Rural Housing Reconciliation Sign-On

 

Congress is currently working to negotiate the Build Back Better Act. Rural housing and capacity building programs are currently included in the bill and we want to make sure they continue to be top priorities. HAC is circulating a sign-on letter to Congressional leadership in support of maintaining rural housing and capacity building investments in the Build Back Better Act. You can view the text of the letter below. As a valued friend of HAC, we hope that you will add your organization’s name to this effort.

If you have any questions, please reach out to HAC’s Government Relations Manager, Samantha Booth, at samantha@ruralhome.org. The deadline to sign on is Tuesday, October 12. We appreciate your help.

 

BJ Kinds (center), construction manager with Delta Design Build Workshop, frames a house in Eastmoor on Sept. 2, 2020.Rory Doyle/ There is More Work to be Done

Transformational Rural Resources & Reconciliation

We are living through a momentous time. Trillions of dollars are flowing into communities to help address the impacts of the pandemic and position our nation to lead into the future. But, like water, federal funding often flows to the path of least resistance and historically this inertia has left behind rural areas, persistently poor counties, and communities of color. As Congress enters discussions on infrastructure, a focus on targeting these transformational resources to address long-existing patterns of rural poverty has never been more important.

There has been no lack of news coverage over the last year about Americans fleeing the big city for a quieter, more socially distanced small-town life. High-amenity rural communities across the country are seeing explosive growth that has led some to announce the beginning of a rural renaissance for American millennials. But this trend does not hold true for under-resourced rural places, which have often suffered under the weight of persistent poverty for decades.

Fortunately, Congress has recognized this need and infrastructure reconciliation conversations have included critical resources for rural affordable housing and community development. Many of these resources align with HAC’s 2021 Rural Housing Policy Priorities. Here are some highlights on these resources:

  • USDA Rural Housing Service Resources

    • A transformational investment in rural multifamily housing, including $4.36 billion for new construction, rehabilitation, and preservation of Section 515 rental housing and Section 514/516 farmworker housing, as well as $200 million for Section 521 Rental Assistance. With thousands of USDA multifamily units maturing and leaving the program each year and no funding for new construction in a decade, this investment could right the ship and preserve an estimated 38,720 units.
    • Additional support for rural affordable homeownership, including $70 million in budget authority for Section 502 direct homeownership loans (estimated to support loans totaling about $3.7 billion); $95 million for Section 504 repair grants; and $25 million for Section 523 self-help.
  • Rural Partnership Program (RPP)

    • The Rural Partnership Program (RPP) is a newly proposed program that is funded at nearly $4 billion and would provide flexible grants to support rural and tribal community development and capacity building. The proposed program has two parts: grants to support direct activities and projects, and grants to support the organizations responsible for providing technical assistance and capacity to administer the grants.
  • Other critical resources for rural housing

    • $25 million in additional funding for the Self-Help Homeownership Opportunity Program (SHOP) at HUD, which is a critical tool for rural affordable homeownership. HAC’s SHOP program has created nearly 10,000 homes in rural places across the country.
    • A $1 billion setaside of Community Development Block Grant (CDBG) funds for colonias on the U.S.-Mexico border. These generally unincorporated communities along the U.S.-Mexico border in California, Arizona, New Mexico, and Texas are characterized by high poverty rates and substandard living conditions, often lacking potable drinking water, water and wastewater systems, paved streets, and access to standard mortgage financing. This investment in colonias will allow these communities to develop the basic infrastructure they desperately need.

The new Administration has made geographic equity for rural places a priority, and we are hopeful that Congress will recognize the unique needs of rural areas and maintain these resources as the negotiations move forward. Rural communities are worthy of investment—and now is the time to make that investment in the future of rural America. If you would like to learn more about HAC’s policy priorities, click here.