For the provision of emergency assistance for the
redevelopment
of abandoned and foreclosed homes, as authorized under
division
B, title III of the Housing and Economic Recovery Act
of 2008
(‘‘the Act’’) (Public Law 110–289) (42 U.S.C. 5301
note),
$2,000,000,000, to remain available until September 30,
2010: Provided,
That grantees shall expend at least 50 percent of
allocated
funds within 2 years of the date funds become available to
the
grantee for obligation, and 100 percent of such funds within 3
years of such date: Provided
further, That unless otherwise noted
herein, the provisions of the Act govern the use of the
additional
funds made available under this heading: Provided further, That
notwithstanding the provisions of sections 2301(b) and (c)(1) and
section 2302 of the Act, funding under this paragraph shall be
allocated by competitions for which eligible entities shall be
States,
units of general local government, and nonprofit entities or
consortia
of nonprofit entities, which may submit proposals in
partnership
with for profit entities: Provided
further, That in selecting grantees,
the Secretary of Housing and Urban Development shall
ensure
that the grantees are in areas with the greatest number and
percentage of foreclosures and can expend funding within the
period
allowed under this heading: Provided
further, That additional award
criteria for such competitions shall include demonstrated
grantee
capacity to execute projects, leveraging potential,
concentration of
investment to achieve neighborhood stabilization, and any
additional
factors determined by the Secretary of Housing and Urban
Development: Provided
further, That the Secretary may establish
a minimum grant size: Provided
further, That the Secretary shall
publish criteria on which to base competition for any grants
awarded under this heading not later than 75 days after the
enactment
of this Act and applications shall be due to HUD not
later
than 150 days after the enactment of this Act: Provided further,
That the Secretary shall obligate all funding within 1
year of
enactment of this Act: Provided
further, That section 2301(d)(4)
of the Act is repealed: Provided
further, That section 2301(c)(3)(C)
of the Act is amended to read ‘‘establish and operate
land banks
for homes and residential properties that have been
foreclosed
upon’’: Provided
further, That funding used for section
2301(c)(3)(E)
of the Act shall be available only for the redevelopment
of demolished
or vacant properties as housing: Provided further, That
no
amounts made available from a grant under this heading may
be used to demolish any public housing (as such term is
defined
in section 3 of the United States Housing Act of 1937 (42
U.S.C.
1437a)): Provided
further, That a grantee may not use more than
10 percent of its grant under this heading for
demolition activities
under section 2301(c)(3)(C) and (D) unless the Secretary
determines
that such use represents an appropriate response to local
market
conditions: Provided
further, That the recipient of any grant or
loan from amounts made available under this heading or,
after
the date of enactment under division B, title III of the
Housing
and Economic Recovery Act of 2008, may not refuse to lease
a
dwelling unit in housing with such loan or grant to a
participant
under section 8 of the United States Housing Act of 1937 (42
U.S.C 1437f) because of the status of the prospective
tenant as
such a participant: Provided
further, That in addition to the eligible
uses in section 2301, the Secretary may also use up to 10
percent
of the funds provided under this heading for grantees for
the
provision of capacity building of and support for local
communities
receiving funding under section 2301 of the Act or under this
heading: Provided
further, That in administering funds
appropriated
or otherwise made available under this section, the
Secretary
may waive or specify alternative requirements for any
provision
of any statute or regulation in connection with the
obligation
by the Secretary or the use of funds except for
requirements related
to fair housing, nondiscrimination, labor standards and
the environment,
upon a finding that such a waiver is necessary to expedite
or facilitate the use of such funds: Provided further,
That in the
case of any acquisition of a foreclosed upon dwelling or
residential
real property acquired after the date of enactment with any
amounts
made available under this heading or under division B,
title III
of the Housing and Economic Recovery Act of 2008 (Public
Law
110–289), the initial successor in interest in such property
pursuant
to the foreclosure shall assume such interest subject to:
(1) the
provision by such successor in interest of a notice to vacate to
any bona fide tenant at least 90 days before the effective
date
of such notice; and (2) the rights of any bona fide
tenant, as
of the date of such notice of foreclosure: (A) under any
bona fide
lease entered into before the notice of foreclosure to
occupy the
premises until the end of the remaining term of the lease,
except
that a successor in interest may terminate a lease
effective on
the date of sale of the unit to a purchaser who will
occupy the
unit as a primary residence, subject to the receipt by the
tenant
of the 90-day notice under this paragraph; or (B) without
a lease
or with a lease terminable at will under State law,
subject to
the receipt by the tenant of the 90-day notice under this
paragraph,
except that nothing in this paragraph shall affect the
requirements
for termination of any Federal- or State-subsidized
tenancy or of
any State or local law that provides longer time periods
or other
additional protections for tenants: Provided further,
That, for purposes
of this paragraph, a lease or tenancy shall be considered
bona fide only if: (1) the mortgagor under the contract is
not
the tenant; (2) the lease or tenancy was the result of an armslength
transaction; and (3) the lease or tenancy requires the receipt
of rent that is not substantially less than fair market
rent for
the property: Provided
further, That the recipient of any grant
or loan from amounts made available under this heading
or, after
the date of enactment, under division B, title III of the
Housing
and Economic Recovery Act of 2008 (Public Law 110–289) may
not refuse to lease a dwelling unit in housing assisted
with such
loan or grant to a holder of a voucher or certificate of
eligibility
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) because of the status of the prospective
tenant as
such a holder: Provided
further, That in the case of any
qualified
foreclosed housing for which funds made available under this
heading or, after the date of enactment, under division B,
title
III of the Housing and Economic Recovery Act of 2008
(Public
Law 110–289) are used and in which a recipient of
assistance
under section 8(o) of the U.S. Housing Act of 1937 resides
at
the time of foreclosure, the initial successor in interest
shall be
subject to the lease and to the housing assistance payments
contract
for the occupied unit: Provided
further, That vacating the property
prior to sale shall not constitute good cause for
termination of
the tenancy unless the property is unmarketable while
occupied
or unless the owner or subsequent purchaser desires the
unit for
personal or family use: Provided
further, That if a public housing
agency is unable to make payments under the contract to the
immediate successor in interest after foreclosures, due to (1)
an
action or inaction by the successor in interest, including
the rejection
of payments or the failure of the successor to maintain
the
unit in compliance with section 8(o)(8) of the United
States Housing
Act of 1937 (42 U.S.C.1437f) or (2) an inability to
identify the
successor, the agency may use funds that would have been used
to pay the rental amount on behalf of the family—(i) to pay for
utilities that are the responsibility of the owner under the
lease
or applicable law, after taking reasonable steps to
notify the owner
that it intends to make payments to a utility provider in
lieu
of payments to the owner, except prior notification shall
not be
required in any case in which the unit will be or has been
rendered
uninhabitable due to the termination or threat of termination of
service, in which case the public housing agency shall notify
the
owner within a reasonable time after making such payment; or
(ii) for the family’s
reasonable moving costs, including security
deposit costs: Provided
further, That this paragraph shall not
preempt
any Federal, State or local law that provides more
protections
for tenants: Provided
further, That of the funds made available
under this heading, up to 1 percent shall be available for
staffing,
training, technical assistance, technology, monitoring, travel,
enforcement, research and evaluation activities: Provided further,
That funds set aside in the previous proviso shall
remain available
until September 30, 2012: Provided
further, That any funds made
available under this heading used by the Secretary for personnel
expenses related to administering funding under this heading
shall
be transferred to ‘‘Personnel Compensation and Benefits,
Community
Planning and Development’’ and shall retain the terms
and
conditions of this account, including reprogramming provisions,
except that the period of availability set forth in the
previous
proviso shall govern such transferred funds: Provided further,
That
any funds made available under this heading used by the
Secretary
for training or other administrative expenses shall be
transferred
to ‘‘Administration, Operations, and Management’’ for
non-personnel
expenses of the Department of Housing and Urban Development:
Provided further,
That any funds made available under this
heading used by the Secretary for technology shall be
transferred
to ‘‘Working Capital Fund’’.