[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 1002 Introduced in House (IH)] 103d CONGRESS 1st Session H. R. 1002 To amend the United States Housing Act of 1937 to revise the method of calculating the amounts paid by public housing agencies in lieu of State, city, county, and local taxes, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 18, 1993 Mr. Shays (for himself, Mr. Mfume, and Mrs. Johnson of Connecticut) introduced the following bill; which was referred to the Committee on Banking, Finance and Urban Affairs _______________________________________________________________________ A BILL To amend the United States Housing Act of 1937 to revise the method of calculating the amounts paid by public housing agencies in lieu of State, city, county, and local taxes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Fair Compensation Act of 1993''. SEC. 2. AUTHORITY AND AMOUNT. Section 6(d) of the United States Housing Act of 1937 (42 U.S.C. 1437d(d)) is amended to read as follows: ``(d) Payments in Lieu of State and Local Taxes.-- ``(1) In general.--Each contract for contributions with respect to a low-income housing project shall provide that contributions by the Secretary may not be made available for the project unless the project (exclusive of any portion of the project that is not assisted by contributions under this Act) is exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision. Each such contract shall require the public housing agency to make payments in lieu of taxes, from amounts provided to the agency pursuant to paragraph (5), in the amount determined under paragraphs (2) and (3). If any low-income housing project is not exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision, such contract shall provide, in lieu of the requirement for tax exemption and payment in lieu of taxes, that contributions by the Secretary may not be made available for the project unless and until the State, city, county, or other political subdivision in which the project is situated shall contribute, in the form of cash or tax remission, the amount by which the taxes paid with respect to the project exceed the amount determined under paragraph (2)(A) for the project. ``(2) Determination of amount.--Subject to the limitations under paragraph (4), the amount in lieu of taxes to be paid under paragraph (1) by a public housing agency for a year for any low-income housing project shall be-- ``(A) the sum of the amounts determined, for units of each size, by multiplying (i) the number of dwelling units in the project of such size, by (ii) the applicable adjusted per unit payment amount determined under paragraph (3) for units of such size; or ``(B) such lesser amount that is-- ``(i) prescribed by State law; ``(ii) agreed to by the local governing body in its agreement for local cooperation with the public housing agency required under section 5(e)(2); or ``(iii) due to the failure of a local public body or bodies other than the public housing agency to perform any obligation under such agreement. ``(3) Adjusted per unit payment amounts.-- ``(A) In general.--For purposes of this subsection, the Secretary shall determine the adjusted per unit payment amounts for each fiscal year for dwelling units of various sizes in low-income housing projects, as determined by the Secretary. The per unit payment amount for a dwelling unit for any fiscal year shall be the pro rata share of the total amount available for the fiscal year for all payments under this subsection for all dwelling units, taking into consideration the size of the dwelling unit (subject to subparagraph (B)) and the cost of housing in the area in which the project containing the dwelling unit is located (based on the median family income and fair market rentals as established under section 8(c), for such area). ``(B) Dwelling size.--The Secretary shall provide that (not taking into consideration any adjustment due to area housing costs) the adjusted per unit payment amount under this paragraph for single-room dwelling units (not containing bathroom or kitchen facilities) and units of 2 or more bedrooms is greater than such amount for units of 1 bedroom that contain bathrooms and kitchen facilities. ``(4) Limitations on amount.--Notwithstanding any other provision of this subsection, the amount in lieu of taxes to be paid under this subsection by a public housing agency in any year may not exceed-- ``(A) for any single dwelling unit, $1,400; and ``(B) for any project, the amount equal to the sum of all real and personal property taxes that would be levied or imposed with respect to the project by the State, city, county, and other political subdivisions were the project not exempt from all real and personal property taxes. ``(5) Authorization of appropriations.--There are authorized to be appropriated for providing amounts to public housing agencies for making payments in lieu of taxes under this subsection the following amounts for the following fiscal years: ``(A) $500,000,000 for fiscal year 1994. ``(B) $1,000,000,000 for fiscal year 1995. ``(C) $2,000,000,000 for fiscal year 1996. ``(D) $2,000,000,000 for fiscal year 1997. ``(E) $2,000,000,000 for fiscal year 1998.''. SEC. 3. APPLICABILITY. The amendment made by section 2 shall apply only with respect to fiscal year 1994 and fiscal years thereafter, and the provisions of section 6(d) of the United States Housing Act of 1937, as in effect immediately before the enactment of this section, shall apply with respect to fiscal years preceding fiscal year 1994. <all>