Washington Hotline - May 8, 2009


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CMBS Collateral Expansion Will Improve Liquidity

This month, the Federal Reserve Board announced that, starting in June, commercial mortgage-backed securities (CMBS) will be eligible for collateral under the Term Asset-Backed Securities Loan Facility (TALF) program.

 
The inclusion of CMBS as eligible collateral will help:

  • Prevent defaults on economically viable commercial properties,
  • increase the capacity of current holders of maturing mortgages to make additional loans,
  • and facilitate the sale of distressed properties.

The Board is allowing five-year maturities on these loans (compared to three years for all other TALF loans). Up to $100 billion is authorized, with the Board evaluating that limit as the program continues. 


View the press release here.

For more information e-mail Claudia Kedda or call her at  800-368-5242 x8352.

Implementation of the Tax Credit Assistance Program

This week HUD issued CPD Notice 09-03 – ‘Implementation of the Tax Credit Assistance Program.’ This notice explains program requirements and provides guidance to state housing credit agencies regarding the information they must submit to HUD as a condition of receiving their grant. These submissions are due to HUD within 30 days - by Wednesday, June 3, 2009. 

In the Notice, HUD has confirmed their position that a LIHTC project is ineligible to receive TCAP funds if the only source of credits for a project is the Gulf Opportunity Zone or Midwestern Disaster Area Housing Credit.

NAHB reported that projects solely receiving Gulf Opportunity (GO) Zone or Midwestern Disaster Area Housing Credits are not eligible for TCAP funding. However, if a project that has been awarded GO Zone or Midwest credits also has been awarded LIHTCs awarded under Section 42(h) “standard” credits, it is eligible to use TCAP. State agencies can award 2009 standard LIHTCs until Sept. 30, 2009, to GO Zone or Midwest credits projects, thus making the project eligible for TCAP. The amount of standard credits awarded may be “nominal.”  This is an important provision for many states.

Other program highlights are below. A full summary of the TCAP is available here

Eligible Projects 

  • TCAP funds may be used for rental housing projects that received or will receive an award of LIHTCs under Section 42(h) of the Internal Revenue Code of 1986, during the period from Oct. 1, 2006, to Sept. 30, 2009 (federal fiscal years 2007, 2008, 2009), and require additional funding to be completed and placed in service in accordance with the requirements of Section 42.
  • Projects awarded LITHCs that will also receive bond financing are eligible to use TCAP funds.

Ineligible Uses of Funds

  • Administrative costs of TCAP grantees, including the costs of operating the program or monitoring compliance
  • Asset management
  • Swimming pools

Program Requirements

  • Rent, income, use restrictions and compliance monitoring are the same as for any other LIHTC project as required under Section 42, as well as all of its implementing regulations.

Cross-cutting Federal Requirements*

These are federal requirements that must be met, even though they may not be required under the regular LIHTC program.

  • Fair Housing Act         
  • Title VI of the Civil Rights Act of 1964     
  • The Age Discrimination Act of 1975      
  • Affirmatively Furthering Fair Housing      
  • Section 504 of the Rehabilitation Act of 1973        
  • National Environmental Policy Act and Related Laws (NEPA)
  • Davis-Bacon Prevailing Wages     
  • Drug-Free Workplace Act of 1988

*The HUD Secretary has waived the Uniform Relocation Assistance and Section 3 requirements. 

Allocating Agency Responsibilities

  • Submit a statement of intent to HUD that the agency will accept TCAP funds
  • Submit a description of the competitive selection criteria, one of which must give priority to projects that are expected to be completed by Feb. 16, 2012
  • Decide whether to provide TCAP funds as loans or grants. An important consideration is that any program income, which includes interest or principal payments on loans, that is received during the three-year grant period must be expended before appropriated TCAP funds. Thus, receiving program income could affect the agency’s ability to commit and expend all funds before the statutory deadlines.

The TCAP Notice and other information can be accessed through HUD's Recovery webpage

Contact Claudia Kedda at 800-368-5242 x8352 for more information.

Administration Proposes $17 Billion in Budget Cuts

The Obama Administration on May 7 unveiled details of its $3.6 trillion budget for fiscal year 2010. The budget dedicates $1.2 trillion to discretionary spending and proposes to eliminate or reduce $17 billion from 121 government programs. Although the $17 billion amounts to just a fraction of the overall budget, many Democratic lawmakers vowed to fight the White House's efforts to cut their favorite programs.

The annual appropriations process determines the levels of federal spending for each of the federal departments and agencies, and all programs within their respective jurisdictions. While the President's budget recommends spending levels for the next fiscal year, it is not legally binding. Congressional appropriators will have the final say in program realignment and spending levels.

Of interest to NAHB members are funding levels for several key housing and labor related programs:
Department of Housing and Urban Development

  • Community Development Block Grants (CDBG): $4.5 billion
  • Tenant-Based Rental Assistance (Section 8): $17.8 billion
  • Project-Based Rental Assistance (Section 8): $8.1 billion
  • HOME: $1.8 billion
  • Housing Counseling Assistance: $100 million
  • Housing Trust Fund: $1 billion
  • HOPE VI: $0
  • Rural Housing and Economic Development: $0
  • Choice Neighborhoods Initiative:  $250 million (new program)
  • Section 108 Community Development Loan Guarantees: $0
  • FHA/Mutual Mortgage Insurance Fund Single Family Loan Guarantees: $400 billion
  • Section 238 and 519 Loan Guarantees: $15 billion
  • Office of Lead Hazard Control: $140 million
  • Healthy Homes Initiative: $20 million

Department of Agriculture

  • Section 502 Loan Guarantees: $6.2 billion
  • Section 502 Direct Loans: $1.1 billion
  • Section 515 Rental Housing: $69 million
  • Section 538 Guaranteed Multi-Family Loans: $129 million

Department of Labor

  • Workforce Investment Act (WIA): $3.8 billion
  • Adult Employment and Training (under WIA): $861 million
  • Ex-Offender Activities, including job training: $115 million
  • Green Jobs Initiative: $28 million
  • Job Corps: $1.7 billion
  • OSHA (total): $563 million
  • OSHA Susan Harwood Training Grants: $10 million
  • OSHA Enforcement: $227 million
  • OSHA Safety and Health Standard development: $20 million
  • Bureau of Labor Statistics, Labor Force Statistics: $276 million

The House and Senate Appropriations Committees have already begun drafting the fiscal year 2010 appropriations bills, so it is unclear how much of an impact the Administration’s budget blueprint will have on that process.  House appropriators are scheduled to begin marking up their versions of the spending bills within the next few weeks and the House hopes to complete floor consideration of all of the fiscal year 2010 bills before the end of June.  The Senate will likely begin marking up its own spending bills sometime in late June.  The House and Senate always work towards meeting the goal of having all appropriations bills completed and signed by the President prior to the fiscal year-end deadline of September 30.  Fiscal year 2010 will begin on October 1, 2009.

NAHB will continue to monitor the appropriations process as funding decisions are made on key housing and labor programs. For more information, e-mail Jenna Hamilton  or contact her at  800-368-5242 x8407.

New HUD Secretaries Sworn in This Month

Helen Kanovsky, Peter Kovar, and John Trasviña were sworn in on May 1 as the General Counsel, Assistant Secretary for Congressional and Intergovernmental Affairs, and the Assistant Secretary for Fair Housing and Equal Opportunity. Ron Sims was sworn in this week as the Deputy Secretary of the U.S. Department of Housing and Urban Development. Sims will be charged with managing the Department's day-to-day operations, a nearly $39 billion annual operating budget, and the agency's 8,500 employees.

Helen Kanovsky: Prior to serving as HUD's General Counsel, Kanovsky, held the positions of Chief Operating Officer and General Counsel of the AFL-CIO Housing Investment Trust. In the late 90's, she was chief of staff to U.S. Senator John F. Kerry of Massachusetts. Earlier in her career, she served as a Special Assistant to HUD Secretary Patricia Harris. Kanovsky holds a Bachelor's Degree in Government from Cornell University and Juris Doctor Degree from the Harvard Law School.

Peter Kovar: Assistant Secretary for Congressional and Intergovernmental Affairs, was formerly the chief of staff for Congressman Barney Frank, Chairman of the Financial Services Committee. During his 26-year tenure on Capitol Hill, Kovar worked on virtually every issue that comes before Congress, including such diverse issues as immigration policy, Medicare reform, environmental protection, government ethics, and economic development. For the past six years, Kovar also played a key role in coordinating the interaction between Representative Frank's Congressional office and the work of the House Financial Services Committee, which has jurisdiction over federal housing policy.

John Trasviña: As Assistant Secretary for Fair Housing and Equal Opportunity, Trasviña joins HUD after serving as President and General Counsel for the Mexican American Legal Defense and Educational Fund (MALDEF) in Los Angeles, California.

In 1985, Trasviña began his career at MALDEF in Washington, D.C. as a legislative attorney. He later worked for U.S. Senator Paul Simon of Illinois as General Counsel and Staff Director for the U.S. Senate Judiciary Subcommittee on the Constitution. In 1997, President Bill Clinton appointed Trasviña as Special Counsel for Immigration Related Unfair Employment Practices. As Special Counsel, he led the only federal government office devoted solely to immigrant workplace rights.

View the press release here.

Ron Sims: Formerly the King County, Washington Executive, Sims earned numerous accolades and a national reputation for his environmental stewardship, aggressive reforms of government, and for his willingness to make the tough choices necessary to ensure that American tax dollars are spent wisely.

View the press release on Sim's appointment here.

Return to Old ESA Rules Foster Bureaucratic Setbacks

Rescinding modifications made to the Endangered Species Act (ESA) at the end of last year, the Obama Administration has reinstituted a 1986 rule requiring federal agencies to consult with the Fish and Wildlife Service or the National Oceanic and Atmospheric Administration before moving forward on projects that may affect endangered species

The move represents a return to more government bureaucracy in the approval process, but adds no protection for threatened and endangered species, said NAHB.

Back in December, NAHB applauded the Bush Administration's decision to remove the consultation process in more routine cases. The Government Accountability Office had found that the consultation process was so ineffective that the agencies missed up to 40% of their deadlines, delaying some projects for two years or more. Unlike that decision, which came after a public review and comment period, the decision last week was unilateral.

"The appropriate way to make significant changes to a federal regulation is to allow for notice and comment. Instead, the secretaries of Commerce and Interior were given the authority to unilaterally change the law. That's hardly an argument for consensus or transparency," said NAHB Chairman Joe Robson.

Read the full article in NBN

For more information, e-mail Calli Schmidt at NAHB, or call her at 800-368-5242 x8132.

Fed Chairman Expects Improvements in Housing and the Economy


Testifying before Congress’ Joint Economic Committee on May 5, Federal Reserve Chairman Ben Bernanke said recent data suggest that the pace of contraction in economic activity “may be slowing” and noted that the housing market “has shown some signs of bottoming.”

Looking forward, he said the Fed expects economic activity to bottom out before long and turn upward later this year.

Key elements of his forecast are judgments that the housing market is beginning to stabilize, the sharp liquidation of business inventories will slow down and fiscal and monetary stimulus already in train will support final demand.

Bernanke stressed that his forecast assumes continuing gradual repair of the financial system, a process that’s still got a long way to run.

In this regard, he noted that mortgage markets have responded favorably to the Fed’s purchases of agency debt and mortgage-backed securities. However, he stressed that the supply of mortgage credit is still relatively tight and that the mortgage market remains heavily dependent on the support of government programs like FHA and the government-sponsored enterprises, Fannie Mae and Freddie Mac.

Bernanke noted that the early stages of the projected economic recovery are likely to display below-trend GDP growth that will involve further deterioration of the labor market and keep downward pressure on inflation for some time.

These features also are part-and-parcel of NAHB’s current economic outlook.

Resources: Impact Fee Webinar Resources; Commercial Diversification Opportunities

  • If You Missed the Impact Fees Webinar...

    ...last month discussing the latest trends in impact fees and tools you need to shift to other financing mechanisms, you can still access the informatin and  Review the Top Questions and Answers  that were covered during the webinar.

    Click here and enter the password LandPlan1 to view the presentation. Remember the password is case sensitive.

    Impact Fees Presentation Materials
    Impact Fee_Presentation,  Webinar Questions Answered

    For more information, e-mail Jennifer Jones or call her at 800-368-5242 x8469.
  • May 14 Audio Seminar to Examine Commercial Opportunities in Stimulus Package

Register for the May 14 audio seminar, “Stimulus Opportunities for Builders: Exploring Commercial Opportunities in the Stimulus Package,” at 2:00 p.m. EDT. The hour-long session will show how developers, remodelers and multifamily builders can use the economic stimulus package to diversify into commercial construction.

Sponsored by the National Commercial Builders Council (NCBC) and The University of Housing, participants will find out:

  • What parts of the stimulus package are relevant to their business
  • How members are getting involved in stimulus-funded projects
  • Private funding alternatives that are working right now

To Register 

To register online, visit www.nahb.org/stimulusopportunities.
The registration fee for the audio seminar is $79.

The seminar will include a panel discussion as well as questions from the audience. Questions can be submitted in advance through Friday, May 8 to commercialbuilders@nahb.com.

For more information, e-mail Kisha DeSandies at NAHB, or call her at 800-368-5242 x8455.

Calendar: Conferences and Events

May 2009

National Green Building Conference
May 8-10
Dallas


A new business management track at the National Green Building Conference will help you learn to green your business. The educational sessions will address green business practices, legal issues, government programs and more.

The conference offers more than 30 educational sessions in green business management, building science, design and sales, and marketing. Author Joel Makower, the co-founder and executive editor of Greener World Media as well as a senior strategist at GreenOrder, a sustainability consultancy, will be the keynote speaker. The conference also will feature a tour of green homes in the Dallas area, a dinner honoring the winners of the NAHB National Green Building Awards and an exhibit hall featuring the latest green products and materials.

In addition, the 2009 class of Certified Green Professionals (CGP) will be honored at a pre-conference reception on Thursday, May 7. To date, more than 2,000 builders, remodelers and other home building industry professionals have earned the CGP designation.

To register for the conference, visit www.nahb.org/GreenBuildingConference.



National Membership Day
May 19th
12:00 - 5:00 p.m.
Washington, D.C

While NAHB is not hosting a National Membership Day Webcast this year, we will have the most outstanding cast of characters standing by on the red phone, waiting for HBA's to call in their new Member totals. Find out what you can win for recruiting indvidual members here.

Great prizes such as a hotel stay in Vegas for IBS, IPod, and $300 AMEX gift card will be awarded to callers throughout the afternoon on the 19th.
Encourage your HBA to participate.

View more information on National Membership Day here.



Attend NAHB's Spring Board of Directors Meeting
May 25-31
Washington, D.C
Register Now!


The 2009 Spring Board of Directors Meeting will be held at the Marriott Wardman Park Hotel located at 2660 Woodley Road, NW, Washington, DC on
May 25 - 31.

Just a reminder that this year's Legislative Conference took place in conjunction with the March Executive Board Meeting, March 22-25, 2009.   If you would like more information concerning the issues that NAHB discussed on the Hill, click here. 



July 2009


Are you ready to be recognized as one of the best in the country?

You design and build great projects — why not get the recognition you deserve?

Enter the 2009 Best in American Living Award, the nation’s most prestigious residential design competition, and show customers why your product is head and shoulders above the rest.

Enter at www.probuilder.com/bala. Forms and fees are due by July 15, 2009.

For more information, e-mail Judy Brociek or call her at 630-288-8184.