Overview

Title

To amend the Housing Act of 1949 to permit certain grants to be used for accessory dwelling units, and for other purposes.

ELI5 AI

The bill wants to change some rules so people can get money to help build little homes in their backyard. These new homes can only get help for part of the cost, and there’s a limit on how much money they can get.

Summary AI

The bill, S. 5071, aims to amend the Housing Act of 1949 to allow certain grants to be used for building accessory dwelling units, which are small, separate living spaces on the same property as a single-family home. It sets limits on the use of grants, such as ensuring they don't cover more than 50% of the cost for these units and capping the grant amount at $100,000. Additionally, it includes guidelines on the administrative costs and conditions for homeowners using this assistance, like residing on the property for a certain period. The bill authorizes $200 million in funding to carry out these changes.

Published

2024-09-17
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-17
Package ID: BILLS-118s5071is

Bill Statistics

Size

Sections:
2
Words:
1,742
Pages:
8
Sentences:
20

Language

Nouns: 443
Verbs: 126
Adjectives: 93
Adverbs: 20
Numbers: 51
Entities: 56

Complexity

Average Token Length:
3.86
Average Sentence Length:
87.10
Token Entropy:
5.06
Readability (ARI):
43.51

AnalysisAI

The legislation under consideration seeks to amend the Housing Act of 1949 to allow specific grants to be used for the construction and renovation of accessory dwelling units, among other purposes. Accessory dwelling units (ADUs) are secondary housing structures located on the same property as a primary residence.

General Summary of the Bill

The proposed bill, titled "The Farmhouse-to-Workforce Housing Act of 2024," aims to amend existing housing preservation grant provisions. It includes updates that allow grants or loans for ADUs and establishes conditions for their usage. According to the bill, housing that qualifies for single-family assistance must be at least 25 years old, with grants capped at $200,000 per individual. For ADUs, assistance cannot exceed $100,000 and is limited to partially covering the ADU construction costs. Funds for these purposes have been authorized to the tune of $200 million, and up to 20 percent can be used for related administrative overheads.

Significant Issues

One of the primary concerns is the eligibility criterion allowing people with up to 150 percent of the area median income to benefit from these grants. This could potentially allow relatively affluent individuals to receive aid, diverting resources from lower-income families who may be more in need of assistance. Additionally, the bill authorizes $200 million without setting an annual limit, raising concerns about potentially insufficient oversight of spending.

The provision permitting up to 20 percent of grant funds for administrative expenses could be perceived as excessive, potentially undermining the resource allocation for direct housing aid. Another issue is the adjustment of the $100,000 cap for ADUs based on the Consumer Price Index, which might lead to escalating costs over time, potentially straining public finances.

Moreover, the compliance requirement for homeowners benefiting from the grant to live in the primary or ADU on the property for only five years (or until their death) might open doors for turning these units into investment properties, deviating from the bill's original intent to provide more workforce housing.

Public Impact

The potential public impact of this legislation is multifaceted. On one hand, by enabling the production of more housing units, the bill could help mitigate some of the housing shortages found in various parts of the country. However, the criteria for eligibility and financial caps may inadvertently limit the ability of lower-income individuals to benefit, given the likelihood of a significant financial burden even after receiving grants.

Impact on Stakeholders

For homeowners and landlords, the bill offers potential financial support for creating ADUs, which could provide rental income and boost property values. However, smaller income earners might find the remaining construction costs unaffordable.

Local communities might witness increased density, which could strain infrastructure if not properly planned for, but it could also lead to more vibrant and economically diverse neighborhoods. Builders and contractors specializing in housing might see a surge in demand, which can progress local job markets.

Overall, while the bill intends to address housing shortages and encourage the development of ADUs, careful consideration of its financial stipulations and eligibility criteria is necessary to ensure equitable distribution of benefits and effective use of taxpayer money.

Financial Assessment

The bill, S. 5071, seeks to amend the Housing Act of 1949, specifically to allow grants to be utilized for accessory dwelling units (ADUs). It contains several financial provisions, totaling substantial appropriations and detailed guidelines regarding their use. These allocations bring up multiple issues of consideration, which merit a closer inspection.

Financial Appropriations and Limits:

The bill authorizes the appropriation of $200 million to carry out its new provisions, an allocation meant to remain available until fully expended. This sizeable fund is intended to support the development and integration of ADUs as part of housing legislation updates. However, without a specific annual limit, there is a potential risk of unchecked spending over time, which might lead to inefficient or wasteful use of taxpayer funds.

A cap set for individual assistance under the bill prohibits grants from covering more than 50% of the cost of an accessory dwelling unit, with a maximum limit of $100,000 per unit. There is a mechanism for adjusting this cap based on changes in the Consumer Price Index, which, while potentially safeguarding purchasing power against inflation, may lead to rising costs without an effective cap, thus raising concerns about fiscal responsibility.

Administrative and Non-Direct Costs:

The bill allows a recipient of assistance to use up to 20% of the funds for administrative costs, which can cover salaries, office expenses, training, and more. While these allocations are intended to ensure projects are effectively managed, the proportion of funds directed toward administrative costs could be seen as excessive, thereby diverting a significant portion away from directly aiding housing preservation efforts. Moreover, this allocation can be used for "landlord education," an aspect that may not directly contribute to the intended purpose of housing preservation.

Income and Residency Requirements:

Additionally, the bill sets criteria aimed at directing financial support to certain homeowners. Assistance is available to those earning up to 150% of the area median income. Although this expands eligibility to moderately well-off individuals, it can potentially overlook more vulnerable populations who might need greater housing support.

The requirements also stipulate that homeowners must reside in either the main dwelling or the ADU for five years or until death. After this period, financial gain from these structures could shift focus from residential use to real estate investment, potentially counter to the objectives of providing affordable housing solutions.

Overall Implications:

Each of these financial elements signals an intent to modernize housing assistance programs by fostering the development of accessory units. However, the broad and potentially unmonitored financial appropriations, administrative spending, and eligibility criteria must be closely monitored to ensure that the primary goal—expanding affordable housing—is achieved without wasteful or exploitative practices. Robust oversight and adjustments to the bill may help address these concerns, aligning financial allocations more closely with intended outcomes.

Issues

  • The provision allowing owners of single-family dwelling units to earn up to 150 percent of the area median income (Section 2, paragraph (e)(4)(A)(iv)) may result in assistance being extended to individuals who are relatively well-off, potentially overlooking more vulnerable populations in need of housing support.

  • The authorized appropriation of $200,000,000 without a specified annual limit (Section 2, paragraph (k)) could lead to unchecked spending over time, risking inefficient or wasteful use of taxpayer funds.

  • Allowing up to 20 percent of the funds for administrative costs (Section 2, paragraph (j)), which might be seen as excessive, could divert significant resources away from directly aiding housing preservation efforts.

  • The provision for adjusting the $100,000 maximum for accessory dwelling units based on the Consumer Price Index (Section 2, paragraph (b)(5)(A-B)) could lead to rising costs over time without an effective cap, raising concerns about fiscal responsibility.

  • The requirement that owners only need to reside in a single-family dwelling unit or an accessory dwelling unit for a period of 5 years or until the owner’s death (Section 2, paragraph (e)(4)(B)) may allow owners to later exploit these units for real estate investment purposes.

  • The provision allowing for the use of funds for 'landlord education' (Section 2, paragraph (j)(1)(G)) may lead to expenditures that do not directly contribute to housing preservation, raising questions about priorities in fund allocation.

  • The limitation on assistance that may not cover more than 50 percent of dwelling unit costs (Section 2, paragraph (b)(4)(A)) may pose challenges for recipients to secure the remaining funds, potentially reducing accessibility for those in financial need.

  • The complexity of language and detailed criteria for administrative expenses (Section 2, paragraph (j)) might create confusion or opportunities to exploit loopholes, hindering transparency and effective implementation.

  • Prohibiting certain activities like preparing housing development plans when unrelated to specific project objectives (Section 2, paragraph (j)(2)(A)) may be overly restrictive and prevent comprehensive planning for future housing needs.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The Act can be referred to as the "The Farmhouse-to-Workforce Housing Act of 2024" based on its short title provided in this section.

2. Housing preservation grants Read Opens in new tab

Summary AI

The amendment to Section 533 of the Housing Act of 1949 allows grants or loans for accessory dwelling units (secondary housing units on a property) but limits funding based on age and cost of housing. It specifies funding caps, inflation adjustments, owner responsibilities, permissible administrative costs, and defines "accessory dwelling unit." It also authorizes $200 million for these purposes.

Money References

  • Section 533 of the Housing Act of 1949 (42 U.S.C. 1490m) is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1) though (7) as subparagraphs (A) through (G), respectively, and adjusting the margins accordingly; (B) in the matter preceding subparagraph (A), as so redesignated, by inserting “(1)” before “Preservation”; (C) in paragraph (1), as so designated— (i) in subparagraph (D), as so redesignated, by striking “, except” and all that follows through “that structure”; (ii) in subparagraph (F), as so redesignated, by striking “and” at the end; (iii) in subparagraph (G), as so redesignated, by striking the period at the end and inserting “; or”; and (iv) by adding at the end the following: “(H) be used to provide loans or grants for accessory dwelling units.”; and (D) by adding at the end the following: “(2) Assistance under this section for single family housing— “(A) may only be provided with respect to housing that is not less than 25 years old, as of the date on which the occupancy permit for the housing is issued; and “(B) to an individual may not exceed $200,000.
  • “(4) Assistance under this section for an accessory dwelling unit— “(A) may not cover more than 50 percent of the total cost of the accessory dwelling unit; and “(B) may not exceed $100,000 (as adjusted for inflation as described in paragraph (5)).
  • “(B) In the case of any calendar year beginning after December 31, 2025, the $100,000 dollar amount described in paragraph (4)(B) shall be increased by an amount equal to— “(i) such dollar amount, multiplied by “(ii) the percentage change in the price index amount determined by the Secretary of Labor to represent the percent change in the price index published for September of the preceding year over the price index published for the September of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.”; (2) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by inserting “not more than $16,000,000 (as adjusted for inflation) of the” after “allocate”; and (B) in the flush text following subparagraph (C), by adding at the end the following: “Any amounts appropriated for this section in a fiscal year over $16,000,000 shall be transferred to States that have committed to grantees all funds allocated to the State under this subsection.”; (3) in subsection (e), by adding at the end the following: “(4)(A) Except as provided in subparagraph (B), the owner of a single-family dwelling unit that uses assistance under this section for 1 or more accessory dwelling units shall— “(i) reside in the single-family dwelling unit or 1 of the accessory dwelling units; “(ii) maintain ownership of the single-family dwelling unit and each accessory dwelling unit; “(iii) ensure that no accessory dwelling unit is subject to a lease or sublease of less than 6 months in duration; and “(iv) earn not more than 150 percent of the area median income.
  • “(B) The requirements under clauses (i) and (ii) of subparagraph (A) shall cease to be effective on the earlier of— “(i) the date that is 5 years after the date on which the final accessory dwelling unit is available for occupancy; or “(ii) the death of the owner. “(C) If the owner of a single-family dwelling unit does not meet the requirements under clauses (i) and (ii) of subparagraph (A), the owner shall return to the Secretary the full amount of assistance received under this section.”; and (4) by adding at the end the following: “(j) A recipient of assistance under this section may use not more than 20 percent of the funds for direct and indirect administrative costs related to projects carried out under this section, which— “(1) may include— “(A) payment of reasonable salaries or contracts for professional, technical, and clerical staff actively assisting in the delivery of the project; “(B) payment of necessary and reasonable office expenses such as office rental, supplies, utilities, telephone services, and equipment, with any item of nonexpendable personal property having a unit value of $1,000 or more, acquired with funds provided under this section specifically identified to the Secretary in writing; “(C) payment of necessary and reasonable administrative costs such as workers' compensation, liability insurance, and the employer's share of Social Security and health benefits, with payments to private retirement funds only permitted if the grantee already has such a fund established and ongoing; “(D) payment of reasonable fees for necessary training of grantee personnel; “(E) payment of necessary and reasonable costs for an audit upon expiration of the grant agreement; “(F) other reasonable travel and miscellaneous expenses necessary to accomplish the objectives of the specific grant which were anticipated in the individual grant proposal and have been approved as eligible expenses at the time of grant approval; and “(G) costs related to landlord education; and “(2) may not include— “(A) preparing housing development plans and strategies except as necessary to accomplish the specific objectives of the project; “(B) substitution of any financial support previously provided or currently available from any other source; “(C) reimbursing personnel to perform construction related to housing preservation assistance; “(D) buying property of any kind from persons receiving assistance from the grantee under the terms of the grant agreement; “(E) paying for or reimbursing the grantee for any expense or debts incurred before the Secretary executes the grant agreement; “(F) paying any debts, expenses, or costs which should be the responsibility of the individual homeowner, owner, tenant or household member of a rental property, or owner (member) or non-member of a co-op receiving assistance under this section outside the costs of repair and rehabilitation as well as for replacement housing (individual homeowners only); “(G) any type of political activities prohibited by the Office of Management and Budget Circular A–122, or any successor guidance; “(H) other costs including contributions and donations, entertainment, fines and penalties, interest and other financial costs unrelated to the assistance to be provided, legislative expenses, and any excess of cost from other grant agreements; or “(I) paying added salaries for employees paid by other sources.
  • “(k) There are authorized to be appropriated to the Secretary $200,000,000 to carry out this section, to remain available until expended.