Weekly update from the National Housing Conference
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In this issue
February 5, 2023
Issue 92-5
· Global Minimum Tax framework addresses affordable housing concerns
· HUD unveils new resources for domestic violence survivors
· FHA extends COVID-19 loss mitigation options to all borrowers
· FHA issues ANPR on Section 8 improvements
· FOMC raises target federal funds rate by 25 basis points
· Republicans announce Finance, Banking Senate Committee members
· Freddie Mac expands rent reporting initiative
· HUD awards $315 million in grants, vouchers to fight rural homelessness
· Pam Patenaude joins HBI Board of Trustees
· SAHF launches carbon emissions calculator
· OCC changes threshold for reporting HMDA data
Chart of the week: Zillow finds four jobs needed to afford to rent in many markets
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The Other America
Dr. Martin Luther King, Jr.
This Black History Month is particularly ironic and meaningful given the widespread attacks on teaching the most basic elements of Black history in America. I remain optimistic and believe Dr. Martin Luther King, Jr.’s admonition that “the arc of the moral universe is long, but it bends toward justice.” America has a long history of moving two steps forward and taking one step backward. We live in a time where the latter prevails.
Dr. King had a dream, but he also was a realist, and I’m afraid he would find our present situation quite familiar. He was clear that the White backlash we are currently experiencing “is merely a new name for an old phenomenon… The fact is that the state of California voted a fair housing bill out of existence before anybody shouted black power or before anybody rioted in Watts… There has never been a single, solid, monistic, determined commitment on the part of the vast majority of White Americans on the whole question of civil rights and on the whole question of racial equality. This is something that truth impels all men of goodwill to admit.” One need not travel to Florida from California to see this, when communities from San Francisco to San Diego routinely charge over $100,000 in development fees to build affordable housing. Nor should it be lost on anyone the appalling fact that in cities across America, many Black homeowners today have had to “whitewash” their homes to get a fair appraisal so they could benefit from the record low-interest rates that no longer exist.
On April 14, 1967, a little less than a year before he was murdered in Memphis, Tennessee, Dr. King addressed the faculty and students at Stanford University. He spoke about “the other America,” a theme he would revisit in speeches throughout the country over the next year. In this address, he directly addressed the issues of systemic racism in the economy, particularly in housing, and the intense resistance of Whites in the North, who considered themselves progressive allies of the cause for civil rights, to fair and equal housing in their own neighborhoods.
Below are excerpts from Dr. King’s Other America speech.
David M. Dworkin
Mr. Bell, and members of the faculty and members of the student body of this great institution of learning, ladies and gentlemen. I have several things that one could talk about before such a large, concerned, and enlightened audience. There are so many problems facing our nation and our world, that one could just take off anywhere. But today, I would like to talk mainly about the race problem... And I’d like to use as a subject from which to speak this afternoon, the other America. And I use this subject because there are literally two Americas. One America is beautiful for our situation. And in a sense, this America is overflowing with the miracle of prosperity and the honey of opportunity. This America is the habitat of millions of people who have food and material necessities for their bodies and culture and education for their minds, and freedom and human dignity for their spirit. In this America, millions of people experience every day the opportunity of having life, liberty, and the pursuit of happiness in all of their dimensions. And in this America, millions of young people grow up in the sunlight of opportunity.
But tragically and unfortunately, there is another America. This other America has a daily ugliness about it that constantly transforms the buoyancy of hope into the fatigue of despair. In this America, millions of work-starved men walk the streets daily in search for jobs that do not exist. In this America, millions of people find themselves living in rat-infested, vermin-filled slums. In this America, people are poor by the millions. And they find themselves perishing on a lonely island of poverty, in the midst of a vast ocean of material prosperity. more...
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News from Washington | By Brittany Webb
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Global Minimum Tax framework addresses affordable housing concerns
One-hundred forty-two countries and jurisdictions adopted a new Organization for Economic Cooperation and Development (OECD)/G20 Inclusive Framework that provides clearer protections for the Low-Income Housing Tax Credit (LIHTC) and green tax credits, including in the Inflation Reduction Act. Treasury said in a statement that the new framework clarifies the global minimum tax (GMT) on multinational corporations while protecting tax incentives, such as the LIHTC. Housing Credit stakeholders are reviewing the new guidance to determine how effectively it will protect tax credit investments.
The framework is a positive step to address concerns raised by housing practitioners last year when OECD released proposed changes to the GMT model that created disincentives for affordable housing, community development, and renewable energy stakeholders through tax credit investments interacting with the GMT.
In a Novogradac blog post last year, Michael Novogradac wrote, "The concern is that calculating the tax rate after taking into account investments in such community development tax incentives as the LIHTC, NMTC, HTC or RETCs (or proposed community development tax credits, such as the neighborhood homes tax credit) could reduce an affected multinational corporation's effective tax rate below 15%, leading to a top-up tax. Doing so would eliminate some or all economic value of such tax credit investments to many corporations."
The new guidance states that it addresses this issue by providing explicit protections for LIHTC and green tax credits included in the Inflation Reduction Act. In addition, the clarification ensures that some tax credits are not consolidated and accounted for using the equity method and will not create a tax burden that could affect investor interest in the credits.
"The continued progress in implementing the global minimum tax represents another step in leveling the playing field for U.S. businesses, while also protecting U.S. workers and middle-class families by ending the race to the bottom in corporate tax rates," said Lily Batchelder, Assistant Secretary of the Treasury for Tax Policy. "We welcome this agreed guidance on key technical questions, which will deliver certainty for green energy tax incentives, support coordinated outcomes and provide additional clarity that stakeholders have asked for."
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HUD unveils new resources for domestic violence survivors
HUD announced new resources available under the Violence Against Women Act (VAWA) to enhance housing protections for domestic violence, dating violence, sexual assault, and stalking survivors. The resources include a new VAWA website, a newly published Notice of HUD enforcement authority, and $5 million in funding to provide HUD grantees and stakeholders with technical assistance. VAWA protects applicants and tenants receiving HUD rental assistance services from being denied housing, evicted, or terminated housing assistance due to domestic violence. It further provides them with options like emergency transfers from their unit for safety reasons and establishing a tenant's right to call emergency services without retaliation from a housing provider.
"The new website, enforcement notice, and technical assistance funding are critical first steps in helping survivors understand their VAWA rights and housing providers understand their obligations under VAWA," said Karlo Ng, HUD's Director on Gender-based Violence Prevention and Equity. "All these components are vital in ensuring that survivors can find and live in safe, stable, and affordable housing."
HUD also said it would implement and enforce VAWA in a way that provides the same protections as provided under the Fair Housing Act. HUD's Office of Fair Housing and Equal Opportunity may investigate alleged or suspected non-compliance with VAWA. VAWA also requires federal agencies to establish a process to review compliance with VAWA requirements. HUD is working to implement this broader compliance review process, including identifying existing review procedures that already accommodate such reviews.
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FOMC raises target federal funds rate by 25 basis points
After meeting last week, the Federal Reserve Board's Federal Open Market Committee (FOMC) raised its benchmark rate by 25 basis points to 4.50%-4.75%. The increase, which takes the range to the highest since Oct. 2007, was anticipated after the previous 75 basis point increases throughout last year and the latest 50 basis point increase in December. In addition, the FOMC reiterated its commitment to bringing the inflation rate down to 2%, and recent Consumer Price Index data shows that inflation is easing slightly. With news Friday that the unemployment rate fell to its lowest level since 1969 with the addition of over half a million jobs, the Fed’s efforts to control inflation are expected to get harder, not easier
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FHA issues ANPR on Section 8 improvements
FHA issued an advance notice of proposed rulemaking soliciting feedback on developing standardized regulations for Section 8 project-based rental assistance programs. The announcement notes the move is to try and reduce regulatory complexities and "move to" a single Section 8 project-based rental assistance program regulation and a single form of section 524 renewal contract.
Comments are due by April 3, 2023. NHC will convene a working group to draft comments. Please email bwebb@nhc.org if you are interested in joining.
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FHA extends COVID-19 loss mitigation options to all borrowers
FHA announced it is expanding and enhancing the available loss mitigation options for FHA-insured mortgages. The enhancements extend the options made available during the COVID-19 pandemic, which were highly effective for borrowers who fell behind on payments. The options will now be extended to all eligible borrowers regardless of the cause of delinquency. FHA will also allow mortgage servicers to use 30% of FHA's partial claim option rather than the previously allowed 25%, raising the threshold of the unpaid principal balance to enable more borrowers to reduce their mortgage balance. The announcement notes that over one million borrowers have used the FHA loss mitigation home retention option to avoid foreclosure. The recovery options were slated to expire when the COVID-19 national emergency declaration ends.
"We are committed to ensuring that no FHA borrower experiences foreclosure unnecessarily," said Assistant Secretary for Housing and FHA Commissioner Julia Gordon. "FHA's COVID-19 forbearances and streamlined COVID-19 loss mitigation options have successfully helped millions of struggling borrowers in the last two fiscal years alone. Our action today lets us capitalize on what we have learned through the pandemic to continue helping borrowers avoid foreclosure, regardless of the nature of their hardship."
The changes go into effect on April 30, 2023, but can be offered by servicers immediately.
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Republicans announce Finance, Banking Senate Committee members
The U.S. Senate Finance Committee and the Senate Committee on Banking, Housing, and Urban Affairs announced their new Republican members last week.
The Senate Banking Committee will include U.S. Sens. Tim Scott (SC), Mike Crapo (ID), Mike Rounds (SD), Thom Tillis (NC), John Kennedy (LA), Bill Hagerty (TN), Cynthia Lummis (WY), J.D. Vance (OH), Katie Britt (AL), Kevin Cramer (ND), and Steve Daines (MT). Ranking Member Scott outlined in a press release the Banking Committee's priorities, which include reducing barriers and promoting access to credit, increasing access to capital formation and fostering innovation, enabling financial success, regulatory oversight, protecting national and economic security, responsibly advancing housing opportunity, and developing a framework for digital assets as legislative and oversight priorities.
The Finance Committee includes U.S. Sens. Mike Crapo (ID), Chuck Grassley (IA), John Cornyn (TX), John Thune (SD), Tim Scott (SC), Bill Cassidy (LA), James Lankford (OK), Steve Daines (MT), Todd Young (IN), John Barrasso (WY), Ron Johnson (WI), Thom Tillis (NC), and Marsha Blackburn (TN).
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Freddie Mac expands rent reporting initiative
Freddie Mac is accepting additional vendors for its renter credit building initiative to ensure compliance with on-time rental payment reporting. Since its Nov. 2021 launch, the program has enrolled more than 150,000 households and established credit scores for over 20% of participants. A new vendor intake form is available for interested vendors to be considered for the program.
"Our goal is for on-time rent reporting to be an industry standard, and we're proud to have set that in motion," said Corey Aber, Vice President for Multifamily Mission, Policy & Strategy at Freddie Mac.
You can see how you may qualify to participate in Freddie Mac's credit-building initiative here.
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HUD awards $315 million in grants, vouchers to fight rural homelessness
HUD announced $315 million in grants and vouchers to help address homelessness in rural communities. The grants fund Continuums of Care across 46 communities that coordinate local homelessness responses. HUD will award additional grants and allocate housing vouchers to communities in the coming weeks, the first coordinated response of grants and vouchers in a package of resources from the department.
"Housing with supportive services solves homelessness. That's why, for the first time the federal government is deploying targeted resources to meet the needs of people experiencing homelessness in unsheltered settings or in rural areas," said HUD Secretary Marcia Fudge. "With these grants and vouchers, HUD is filling this gap and giving communities the resources and tools to improve housing and health outcomes for people on the streets, in encampments, under bridges, and in rural areas."
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Pam Patenaude joins HBI Board of Trustees
The Home Builders Institute (HBI) appointed Pamela Hughes Patenaude as chair of the organization's Board of Trustees to provide a focus on housing policy changes. HBI is the leading nonprofit provider of trade skills education for the homebuilding industry.
"Pam Patenaude is one of the nation's most respected leaders in housing," said Ed Brady, President and CEO of HBI. "Her appointment comes at a time when ending the construction labor shortage is a critical priority for the home building industry and the country." He further noted that the labor shortage severely affects housing availability and affordability.
Patenaude currently serves on NHC's Board of Governors. She is an Independent Director of loanDepot, Inc. (NYSE: LDI) and a member of the Audit Committee. She is an Independent Director for Target Hospitality, Corp. (NASDAQ: TH), chair of the Nominating and Corporate Governance Committee, and a member of the Audit Committee. Additionally, Patenaude serves on the Board of Directors for Habitat for Humanity International as well as the Board of Directors for the Bipartisan Policy Center. Patenaude is also a Social Impact Advisory Board member for the Center Creek Housing Funds. Patenaude is the Principal of Granite Housing Strategies, LLC, serving as a strategic advisor for clients engaged in real estate development, affordable housing, and disaster recovery management.
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SAFH launches carbo emissions calculator
Stewards of Affordable Housing for the Future (SAHF) launched its Multifamily Portfolio Carbon Emissions Calculator, allowing owners of multifamily portfolios to determine their annual greenhouse gas emissions. The calculator quantifies annual direct and indirect carbon emissions from property-level energy and water data and allows for importing ENERGY STAR Portfolio Manager data. Portfolio owners collecting property energy data for at least a year may find the calculator easiest to use.
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OCC changes threshold for reporting HDMA data
The OCC informed banks subject to Home Mortgage Disclosure Act (HMDA) data collection that the loan origination threshold for reporting HMDA has changed. The threshold for reporting is now 25 closed-end mortgage loans originated in each of the two preceding calendar years. The change results from the U.S. District Court for the District of Columbia issuing an order vacating the 2020 HMDA Final Rule.
Banks that originated at minimum 25 closed-end mortgage loans but fewer than 100 in either or both of the two preceding calendar years will need to ensure policy changes and procedures to meet new reporting obligations.
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Zillow finds four jobs needed to afford to rent in many markets
Zillow published new research showing that nationally renters need three roommates or four jobs to afford a two-bedroom rental unit when paid the federal minimum wage of $7.25. Affordability for minimum wage workers was worst in Austin, Texas, where over five full-time workers are necessary to afford a two-bedroom rental. Atlanta, Charlotte, Nashville, Dallas, and Raleigh were close behind with needing four or more jobs. Even in cities with minimum wages higher than the national wage, an average of 2.5 full-time minimum wage workers are required to afford a typical two-bedroom rental.
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The ACTION Campaign updated its national and state fact sheets for 2023. ACTION is a coalition of over 2,400 national, state, and local organizations and businesses working to address our nation's severe shortage of affordable rental housing by protecting, expanding, and strengthening the Low-Income Housing Tax Housing Credit (Housing Credit). The updated fact sheets can be used to build support for expanding the Housing Credit in the new Congress.
A new analysis from the Terner Center for Housing Innovation - UC Berkeley outlines some early lessons from HUD's Faircloth-to-RAD program. The study outlines the loss of public housing units after the Faircloth Amendment and HUD's work to counter this loss through the Rental Assistance Demonstration (RAD) program by allowing public housing authorities (PHAs) to use RAD financing to add units up to their Faircloth cap. The analysis shows that the program has promise for PHAs with strong in-house development expertise and access to other affordable housing subsidy sources. However, it says that policy changes are needed to make it more effective for other markets.
The NYU Furman Center published a series of briefs on critical land use and housing issues in 2023. The series includes briefs on encouraging transit-oriented development, a state-level rent voucher program, and allowing more and different types of housing that offer evidence for the effectiveness of various policy interventions to help address the housing supply shortage and affordability crisis.
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Monday, February 6
Tuesday, February 7
Wednesday, February 8
Thursday, February 9
Friday, February 10
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The National Housing Conference is a diverse continuum of affordable housing stakeholders that convene and collaborate through dialogue, advocacy, research, and education, to develop equitable solutions that serve our common interest.
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