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Resolutions Adopted at the
67th Annual Conference of Mayors
New Orleans, Louisiana
June 11-15, 1999 |
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COMMUNITY DEVELOPMENT AND HOUSING
PRESERVING SECTION 8 HOUSING
WHEREAS, in 1997, the US Conference of Mayors adopted a Section 8 Portfolio
Restructuring resolution which urged the President, the Secretary of HUD, and the Congress
to adopt a portfolio restructuring program that preserves and improves the existing
project-based system, and a Section 8 Funding Requirements resolution which urged Congress
and the President to provide necessary increases in budget authority and sufficient budget
outlay levels to renew all expiring project-based and tenant-based Section 8 contracts and
ensure that the increases do not divert resources from other important programs; and
WHEREAS, The Multifamily Assisted Housing Reform and Affordability Act (MAHRAA)
signed in law in October, 1997 establishes permanent provisions covering Section 8
contract renewals and portfolio restructuring for a portion of the nations
project-based Section 8 portfolio with HUD insured mortgages and Section 8 rents above
true market value; and
WHEREAS, in 1998, the US Conference of Mayors adopted another resolution on
Preserving the Section 8 Program, which supported full funding of all expiring Section 8
contracts and requested HUD to preserve existing below-market affordable housing in tight
markets by exercising the discretion granted by existing law (Pub L No. 105-65,
Sec.524(a)(1) to provide Section 8 project-based contract renewal offers at increased
market rent levels in exchange for an owners or purchasers commitment to
appropriate continuing affordability restrictions; and
WHEREAS, until April 1999, HUDs implementation of MAHRAA provided few
incentives for owners of properties whose Section 8 contract rents are below market levels
to stay in the program and allows a significant number of these properties to leave the
Section 8 program ("opt-out"), thus reducing the nation critically needed
affordable housing stock and displacing many low income tenants; and
WHEREAS, on April 29, 1999, HUD announced a new emergency policy initiative to
use its existing legislative authority and Section 8 resources to provide higher contract
rent renewal offers to owner of certain below market properties with expiring contracts in
FY 99 to prevent "opt-outs" and displacement of many low income tenants;
and
WHEREAS, Congress is currently considering proposed legislation (H.R. 425, H.R.
1336) that would provide additional federal funds on a matching basis to state and local
governments to preserve existing federally subsidized or assisted housing, clarify
HUDs "mark up" authority and policy, and provide "enhanced
voucher" protections to tenants threatened with displacement by owner
"opt-outs"; and
WHEREAS, the Congress and the Administration in 1997 concluded a Balanced Budget
Agreement that provides sufficient budget authority over the five-year period from FY
1998-2002 to renew all expiring Section 8 tenant-based and project-based contracts and
units, and Congress provided sufficient appropriations for that purpose in FY 98 and
FY 99; and
WHEREAS, the Administrationss FY 00 budget projects a need for
approximately $10.8 billion in new budget authority to renew all expiring Section 8
project - and tenant-based contracts on approximately 2.4 million units and provide tenant
protections where contracts are terminated, but does not include sufficient funds to
preserve all below-market properties by "marking up" rents to market levels; and
WHEREAS, Congress is again considering Emergency Supplemental Appropriations
legislation (H.R. 1141, S. 544), the Senate version of which would be partially offset by
a $350 million deferral of Section 8 renewal funds appropriated for FY 99; and, if
enacted, such deferral in FY 99 would have to be replenished as additions to the
Administrations FY 00 budget request,
NOW, THEREFORE, BE IT RESOLVED, that the US Conference of Mayors commends
HUDs leadership for working together with the USCM, the housing community, and the
Congress in putting forth its Section 8 emergency policy, and strongly urges:
The President and the Congress to provide full funding in FY 00 of the
Administrations estimated $10.8 billion in budget authority needed for Section 8
contract renewals, plus funding necessary to restore any FY 99 Section 8 rescission
or deferral or to implement HUDs new "mark up" policy and any other policy
adopted by Congress to preserve affordable housing and protect tenants, without diverting
any resources from the CDBG, HOME, public housing or other important housing and community
development programs;
The President, the Congress, and the U.S. Department of Housing and Urban Development to
adopt any additional policies that are necessary to implement and supplement HUDs
new emergency "mark up" policy to preserve existing affordable housing without
encouraging "opt-outs," such as assuring that preservation is the preferred
policy option, that HUD has authority to provide proposed renewal contract rents at least
equivalent to the rents available through opt-out, and that preservation solutions are
developed for those properties ineligible for funding under HUDs new policy
criteria.
The President and the Congress to prevent tenant displacement by providing
"enhanced vouchers" to residents of below-market buildings where owners elect
not to renew their Section 8 contracts; and
The President and the Congress to preserve affordable housing stock by adopting tax
policies that specifically encourage the transfer of properties to qualified
community-based nonprofit organizations and public agencies, or other purchasers to commit
to equivalent long-term affordability restrictions, which demonstrate resident support and
commitment to meeting the needs of residents.
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