MULTIFAMILY HOUSING MANAGEMENT AND PRESERVATION.

SEC. 1010. MULTIFAMILY HOUSING MANAGEMENT AND PRESERVATION. (a) Unsubsidized Projects.— Section 203(a)(1)(C) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z–11(a)(1)(C)) is amended by striking “, on the date of assignment, occupied by low- and moderate-income persons” and inserting the following “occupied by low- and moderate-income persons on the date of assignment or foreclosure (whichever is greater)”. (b) Section 8 Assistance.— The third sentence of section 203(d)(1) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z–11(d)(D) is amended to read as follows: “Such contracts shall be sufficient to assist (A) all units in multifamily housing projects that are subsidized projects or formerly subsidized projects; (B) in other multifamily housing projects owned by the Secretary, the units that, on the date title to the projects is acquired by the Secretary, are occupied by lower income families eligible for assistance under such section 8 or are vacant (which units shall be made available for such families as soon as possible); and (C) in all other multifamily housing projects, the units that are occupied by lower income families eligible for assistance under such section 8 on the date of assignment or foreclosure (whichever is greater).”. (c) Right of First Refusal.— Section 203(e) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z–11(e)) is amended to read as follows: 102 STAT. 3267 “(e) “(1) Prior to the sale of a multifamily housing project that is owned by the Secretary, the Secretary shall develop a disposition plan for the project that specifies the minimum terms and conditions of the Secretary for disposition of the project, including the initial sales price that is acceptable to the Secretary and the assistance that the Secretary plans to make available to a prospective purchaser in accordance with subsections (a) and (d). The initial sales price shall reflect the value of the project as housing affordable to low- and moderate-income persons for the period required in subsection (d). “(2) Upon approval of a disposition plan for a project, the Secretary shall notify the local government and the State housing finance agency (or other agency or agencies designated by the Governor} of the terms and conditions of the disposition plan. The local government and the designated State agency shall have 90 days to make an offer to purchase the project. “(3) The Secretary shall accept an offer that complies with the terms and conditions of the disposition plan. The Secretary may accept an offer that does not comply with the terms and conditions of the disposition plan if the Secretary determines that the offer will further the preservation objectives of subsection (a) by actions that include extension of the duration of low- and moderate-income affordability restrictions or otherwise restructuring the transaction in a manner that enhances the long-term affordability for low- and moderate-income persons. The Secretary shall, in particular, have discretion to reduce the initial sales price in exchange for the extension of low- and moderate-income affordability restrictions beyond the 15-year period contemplated by the attachment of assistance pursuant to subsection (d)(1). If the Secretary and the local government or designated State agency cannot reach agreement within 90 days, the Secretary may offer the project for sale to the general public. “(4) The Secretary shall prohibit any local government or designated State agency from transferring projects acquired under a right of first refusal under this subsection to a private entity, unless the local government or designated State agency solicits proposals from such entities through a public process. The solicitation of proposals shall be based on prescribed criteria, which shall include the extension of low- and moderate-income affordability restrictions beyond the 15-year period contemplated by the attachment of assistance pursuant to subsection (d)(1). “(5) Notwithstanding any other provision of law to the contrary, a local government (including a public housing agency) or designated State agency may purchase a subsidized or formerly subsidized project in accordance with this subsection.”. (d) Definition of Subsidized Project.— Section 203(i)(2)(E) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 17Olz–11(i)(2)(E)) is amended by striking “(other” and all that follows and inserting “(excluding payments made for certificates under subsection (b)(1) or vouchers under subsection (o)), if (except for purposes of paragraphs (1) and (2) of subsection (h) and section 183(c) of the Housing and Community Development Act of 1987) such housing assistance payments are made to more than 50 percent of the units in the project”. (e) Date of Assignment.— Section 2030) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z–11(i)) is amended by adding at the end the following new paragraph: 102 STAT. 3268 “(4) For purposes of subsection (a)(1)(C) and subsection (d)— “(A) the term ‘date of assignment’ means the date of assignment, without regard to whether such date occurs before, on, or after February 5, 1988; and “(B) in the case of a multifamily housing project assigned before the date of the enactment of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 and for which there are no records identifying the number of low- and moderate-income persons occupying units in the project on the date of assignment, the number of low- and moderate-income persons occupying units in the project within 120 days of such date of enactment shall be used instead.”. (f) Annual Report on Right of First Refusal.—Section 203 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z–11) is amended by adding at the end the following new subsection: “(k) The Secretary shall annually submit to the Congress a report describing the activities carried out under subsection (e) during the preceding year.”.