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Housing America’s Future Garth Rieman NCSHA September 27, 2013 Major Issues Affecting Housing • • • • Tax legislation Appropriations Section 8 reform Housing finance reform NCSHA Legislative Update 9/27/2013 2 Quick Overview • The September 30 end of the fiscal year is approaching without FY 2014 appropriations in place. • The federal debt will reach its statutory limit in mid-October. • Short-term and long-term fiscal outlooks are way out of balance. • Deep disagreements over how to proceed and gridlock continue. NCSHA Legislative Update 9/27/2013 3 Tax Reform • There is strong support in Congress for comprehensive tax reform. • The Chairmen of the House and Senate taxwriting committees are preparing legislation to be released in the fall. • Both tax-writing committees have engaged in extensive efforts this year to educate and solicit feedback from members both on and off the committees. NCSHA Legislative Update 9/27/2013 4 Tax Reform • House Ways and Means Committee Republicans are meeting now to develop a tax reform discussion draft and aiming for markup this fall. • Senate Finance Committee leaders are planning to mark up tax reform this year. • Both committees have held hearings and issued discussion papers over the last several months. NCSHA Legislative Update 9/27/2013 5 Risks and Opportunities in Tax Reform • Potential reduction or elimination of tax expenditures, including the Housing Credit and Bond programs, either directly or indirectly • Opportunity to maintain and strengthen existing programs • Potential creation of new programs NCSHA Legislative Update 9/27/2013 6 Housing Credit Amendments • Senate Finance Committee member Maria Cantwell (D-WA) introduced S. 1442, to make the 9 percent Credit rate permanent and to create a permanent floor for the 4 percent acquisition Credit rate. The legislation is similar to the bill she introduced last year. • House Select Revenue Measures Chairman Pat Tiberi (R-OH) has not yet introduced a companion bill in the House. NCSHA Legislative Update 9/27/2013 7 FY 2014 Appropriations Outlook • Congress and the Administration are working on a continuing resolution (CR) to continue funding HUD, USDA, and other federal programs after FY 2014 begins on October 1. • Likely duration is until December 15, when new appropriations must be enacted to avoid a government shutdown. NCSHA Legislative Update 9/27/2013 8 FY 2014 Appropriations Outlook • The House and Senate disagree on how much the government should spending on total domestic discretionary spending in FY 2014. • The House includes FY 2014 sequestration cuts in its spending level and the Senate does not. • This will complicate negotiating final FY 2014 appropriations. NCSHA Legislative Update 9/27/2013 9 FY 2014 Appropriations • The House and the Senate both considered their HUD FY 2014 funding bills in July. • The Senate HUD appropriations bill provides nearly $7 billion more for HUD programs than the House bill. • Neither chamber voted on final passage. • House leadership pulled the bill from the floor. • The Senate failed to achieve the necessary votes to end debate. NCSHA Legislative Update 9/27/2013 10 HOME Funding • NCSHA is seeking increased HOME funding in FY 2014. • Funded at $948 million in FY 2013, HOME’s funding level is down 48 percent from its FY 2010 funding level. • HOME is at its lowest funding level ever. NCSHA Legislative Update 9/27/2013 11 HOME Funding • The House bill provides $600 million. • The Senate bill provides $1 billion. • The President’s FY 2014 Budget requests $950 million. NCSHA Legislative Update 9/27/2013 12 The House bill would provide: • $9.25 billion for project-based Section 8 contracts • $1.26 billion less than the Senate bill and $750 million less than the Administration’s request • $200 million for contract administration, $65 million less than the Senate bill and the Administration’s request NCSHA Legislative Update 9/27/2013 13 The House bill would provide: • $17 billion for Housing Choice Voucher renewals • $570 million less than the Senate bill and $970 million less than the Administration’s request • $1.35 billion for administrative fees, $340 million less than the Senate bill and the Administration’s request NCSHA Legislative Update 9/27/2013 14 Section 8 Reform • Rental assistance costs are gobbling up more and more of the HUD Budget. • Rental assistance programs are complex and administration of and compliance with them are difficult and costly. • The Administration, the BPC Housing Commission, and an industry coalition have all put forward reform proposals. NCSHA Legislative Update 9/27/2013 15 Housing Finance Reform • Reform legislation has been introduced in both the Senate and the House. • The House Financial Services Committee passed a comprehensive reform bill in July. • The Senate Banking Committee passed a limited FHA reform bill last month. It plans to consider GSE reform this fall. • President Obama outlined his principles for reform on August 6. NCSHA Legislative Update 9/27/2013 16 NCSHA supports housing finance reform that: • Establishes a strong affordable housing mission for the GSEs or their successors. • Requires engagement with state HFAs as key partners. • Involves government backing to ensure liquidity and affordability. NCSHA Legislative Update 9/27/2013 17 The Protecting American Taxpayers and Homeowners Act (PATH Act; H.R. 2767) • Introduced by House Financial Services Committee Chair Jeb Hensarling (R-TX). • Eliminates Fannie Mae and Freddie Mac over five years and completely privatizes most of the housing finance market (both single-family and multifamily). • Establishes the National Mortgage Market Utility to facilitate the mortgage securities market. NCSHA Legislative Update 9/27/2013 18 PATH Act – GSE Wind Down • Requires the GSEs to substantially lower their market presence during five-year transition. • Repeals affordable housing goals and the Housing Trust Fund. • Requires GSEs to increase guarantee fees annually so they are competitive with private market. • Decreases loan limits by $20,000 each year. NCSHA Legislative Update 9/27/2013 19 PATH Act – FHA Reform • Separates FHA from HUD and makes it its own independent agency. • Limits FHA’s mission to helping first-time homebuyers and low- and moderate-income buyers (115 percent of AMI). Removes these limits during economic downturns. • Increases minimum down payment for non-firsttime homebuyers to 5 percent. • Reduces FHA insurance coverage on individual loans by 10 percent each year to 50 percent. NCSHA Legislative Update 9/27/2013 20 Housing Finance Reform and Taxpayer Protection Act (S. 1217) • Introduced by Banking Committee Members Bob Corker (R-TN) and Mark Warner (D-VA), with bipartisan cosponsorship. • Gradually eliminates Fannie Mae and Freddie Mac over five years and replaces them with Federal Mortgage Insurance Company (FMIC). • FMIC responsible for providing explicit federal reinsurance of MBSs. NCSHA Legislative Update 9/27/2013 21 Housing Finance Reform and Taxpayer Protection Act (continued) • Private market covers at least 10 percent of all principal losses on MBSs. • FMIC only allowed to insure QMs that meet conforming loan limits ($417,000). • GSE multifamily operations transferred to FMIC. • FMIC would collect user fees on all guaranteed securities, to be used to support affordable housing initiatives. NCSHA Legislative Update 7/21/2015 22 FHA Solvency Act of 2013 • Introduced by Banking Committee Chair Tim Johnson (D-SD) and Ranking Member Mike Crapo (R-ID). • Implements several reforms to help FHA shore up its finances. • Gives FHA the authority to increase its annual premiums up to 2.05 percent. • Increases FHA’s capital ratio from 2 to 3 percent, and requires FHA to increase premiums when it is below the ratio. • Provides FHA additional indemnification authority. NCSHA Legislative Update 7/21/2015 23 Administration Housing Finance Reform Principles • In a recent speech, the President laid out his four principles for housing finance reform: • The bulk of the risk must be in the private sector. • Current GSE business model should be eliminated. • Preserve access to safe and simple mortgage products (30-year fixed-rate loans). • Ensure housing remains affordable for first-time homebuyers. • Obama has praised the approach taken by Corker/Warner but is said to have concerns about affordability. NCSHA Legislative Update 9/27/2013 24 Outlook • The full House may consider the PATH Act, but the Senate is likely to take a different approach. • Hensarling has expressed a willingness to compromise. • Johnson and Crapo working on their own GSE reform bill. • Uncertainty about whether the House or Senate will consider Committee-passed bills. NCSHA Legislative Update 9/27/2013 25 FHFA Plan to Reduce GSE Multifamily Lending • FHFA August 9 notice seeks suggestions for reducing GSEs’ multifamily lending. • Asks if it should consider specific policy changes, including: • Eliminating short-term lending (5 years), • Simplifying and standardizing GSE loan products, • Re-imposing loan limits or restrictions on maximum rents, and • Limiting GSE multifamily activity to new loans. NCSHA Legislative Update 9/27/2013 26 Risk-Sharing/Ginnie Mae Proposal • Would authorize Ginnie Mae securitization of FHA-HFA Multifamily Risk-Sharing loans. • Would result in lower interest rates for Risk-Sharing loans, reducing the cost of financing rental housing developments, making it possible to achieve lower rents and reach even lower income tenants. • The Congressional Budget Office (CBO) estimates the proposal would result in $20 million in mandatory savings over 10 years ($2 million annually). • The President’s FY 2014 Budget includes NCSHA’s proposal. NCSHA Legislative Update 9/27/2013 27 Questions? NCSHA Legislative Update 9/27/2013 28 Housing America’s Future Garth Rieman NCSHA September 27, 2013