[House Hearing, 108 Congress] [From the U.S. Government Publishing Office] THE SECTION 8 HOUSING ASSISTANCE PROGRAM: PROMOTING DECENT AFFORDABLE HOUSING FOR FAMILIES AND INDIVIDUALS WHO RENT ======================================================================= HEARINGS BEFORE THE SUBCOMMITTEE ON HOUSING AND COMMUNITY OPPORTUNITY OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS FIRST SESSION __________ MAY 22, JUNE 10, 17, JULY 1, 2003 __________ Printed for the use of the Committee on Financial Services Serial No. 108-31 U.S. GOVERNMENT PRINTING OFFICE 88-663 WASHINGTON : DC ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 HOUSE COMMITTEE ON FINANCIAL SERVICES MICHAEL G. OXLEY, Ohio, Chairman JAMES A. LEACH, Iowa BARNEY FRANK, Massachusetts DOUG BEREUTER, Nebraska PAUL E. KANJORSKI, Pennsylvania RICHARD H. BAKER, Louisiana MAXINE WATERS, California SPENCER BACHUS, Alabama CAROLYN B. MALONEY, New York MICHAEL N. CASTLE, Delaware LUIS V. GUTIERREZ, Illinois PETER T. KING, New York NYDIA M. VELAZQUEZ, New York EDWARD R. ROYCE, California MELVIN L. WATT, North Carolina FRANK D. LUCAS, Oklahoma GARY L. ACKERMAN, New York ROBERT W. NEY, Ohio DARLENE HOOLEY, Oregon SUE W. KELLY, New York, Vice Chair JULIA CARSON, Indiana RON PAUL, Texas BRAD SHERMAN, California PAUL E. GILLMOR, Ohio GREGORY W. MEEKS, New York JIM RYUN, Kansas BARBARA LEE, California STEVEN C. LaTOURETTE, Ohio JAY INSLEE, Washington DONALD A. MANZULLO, Illinois DENNIS MOORE, Kansas WALTER B. JONES, Jr., North CHARLES A. GONZALEZ, Texas Carolina MICHAEL E. CAPUANO, Massachusetts DOUG OSE, California HAROLD E. FORD, Jr., Tennessee JUDY BIGGERT, Illinois RUBEN HINOJOSA, Texas MARK GREEN, Wisconsin KEN LUCAS, Kentucky PATRICK J. TOOMEY, Pennsylvania JOSEPH CROWLEY, New York CHRISTOPHER SHAYS, Connecticut WM. LACY CLAY, Missouri JOHN B. SHADEGG, Arizona STEVE ISRAEL, New York VITO FOSSELLA, New York MIKE ROSS, Arkansas GARY G. MILLER, California CAROLYN McCARTHY, New York MELISSA A. HART, Pennsylvania JOE BACA, California SHELLEY MOORE CAPITO, West Virginia JIM MATHESON, Utah PATRICK J. TIBERI, Ohio STEPHEN F. LYNCH, Massachusetts MARK R. KENNEDY, Minnesota ARTUR DAVIS, Alabama TOM FEENEY, Florida RAHM EMANUEL, Illinois JEB HENSARLING, Texas BRAD MILLER, North Carolina SCOTT GARRETT, New Jersey DAVID SCOTT, Georgia TIM MURPHY, Pennsylvania GINNY BROWN-WAITE, Florida BERNARD SANDERS, Vermont J. GRESHAM BARRETT, South Carolina KATHERINE HARRIS, Florida RICK RENZI, Arizona Robert U. Foster, III, Staff Director Subcommittee on Housing and Community Opportunity ROBERT W. NEY, Ohio, Chairman MARK GREEN, Wisconsin, Vice MAXINE WATERS, California Chairman NYDIA M. VELAZQUEZ, New York DOUG BEREUTER, Nebraska JULIA CARSON, Indiana RICHARD H. BAKER, Louisiana BARBARA LEE, California PETER T. KING, New York MICHAEL E. CAPUANO, Massachusetts WALTER B. JONES, Jr., North BERNARD SANDERS, Vermont Carolina MELVIN L. WATT, North Carolina DOUG OSE, California WILLIAM LACY CLAY, Missouri PATRICK J. TOOMEY, Pennsylvania STEPHEN F. LYNCH, Massachusetts CHRISTOPHER SHAYS, Connecticut BRAD MILLER, North Carolina GARY G. MILLER, California DAVID SCOTT, Georgia MELISSA A. HART, Pennsylvania ARTUR DAVIS, Alabama PATRICK J. TIBERI, Ohio KATHERINE HARRIS, Florida RICK RENZI, Arizona C O N T E N T S ---------- Page Hearings held on: May 22, 2003................................................. 1 June 10, 2003................................................ 25 June 17, 2003................................................ 73 July 1, 2003................................................. 113 Appendixes: May 22, 2003................................................. 151 June 10, 2003................................................ 173 June 17, 2003................................................ 279 July 1, 2003................................................. 467 WITNESS Thursday, May 22, 2003 Liu, Hon. Michael, Assistant Secretary, Public and Indian Housing, Department of Housing and Urban Development........... 6 APPENDIX Prepared statements: Ney, Hon. Robert W........................................... 152 Oxley, Hon. Michael G........................................ 155 Clay, Hon. Wm. Lacy.......................................... 156 Harris, Hon. Katherine....................................... 157 Sanders, Hon. Bernard........................................ 158 Liu, Hon. Michael............................................ 161 Additional Material Submitted for the Record Velazquez, Hon. Nydia M.: Letter to the Appropriations Subcommittee on Veterans Affairs, Housing and Urban Development, May 21, 2003....... 166 WITNESSES Tuesday, June 10, 2003 Ceaser, Terri, Section 8 Tenant, Hopewell, VA.................... 28 Dowling, Telissa, President, Resident Advisory Board, New Jersey Department of Community Affairs, Guttenberg, NJ................ 29 Duncan, R. E., Chairman, Board of Commissioners, Topeka Housing Authority, Topeka, KS.......................................... 50 Garrelts, Craig A., Executive Director, Hocking Metropolitan Housing Authority, Logan, OH, on behalf of National Leased Housing Association............................................ 31 Henriquez, Sandra, Executive Director, Boston Housing Authority, Boston, MA on behalf of Council of Large Public Housing Authorities (CLHPA)............................................ 52 Hernandez, Tino, Chairman, New York City Housing Authority, New York, NY....................................................... 54 Inglis, James M., Executive Director, Livonia Housing Commission, Livonia, MI and Senior Vice President, National Association of Housing and Redevelopment Officials, Washington, DC............ 55 Marchman, Kevin, Executive Director, National Organization of African Americans in Housing, Washington, DC................... 57 Molloy, Neil, Executive Director, St. Louis County Housing Authority, St. Louis, MO, on behalf of Public Housing Authorities Directors Association (PHADA)...................... 58 Showe, Andrew, Vice President, Showe Management Corporation, Columbus OH, on behalf of National Multi Housing Council, National Apartment Association, and Columbus, Ohio Apartment Association,................................................... 34 Thompson, Barbara, Executive Director, National Council of State Housing Agencies, Washington, DC............................... 36 APPENDIX Prepared statements: Ney, Hon. Robert W........................................... 174 Clay, Hon. Wm. Lacy.......................................... 175 Waters, Hon. Maxine.......................................... 177 Ceaser, Terri................................................ 179 Dowling, Telissa............................................. 183 Duncan, R. E................................................. 189 Garrelts, Craig A............................................ 198 Henriquez, Sandra............................................ 203 Hernandez, Tino.............................................. 210 Inglis, James M.............................................. 216 Marchman, Kevin.............................................. 239 Molloy, Neil................................................. 243 Showe, Andrew................................................ 260 Thompson, Barbara............................................ 265 Additional Material Submitted for the Record Dowling, Telissa: Written response to questions from Hon. Gary G. Miller....... 271 National Association of Realtors, prepared statement............. 272 National Affordable Housing Management Association, prepared statement...................................................... 276 WITNESSES Tuesday, June 17, 2003 Crowley, Sheila, President, National Low Income Housing Coalition, Washington, DC...................................... 105 Egan, Conrad, President and CEO, National Housing Conference, Washington, DC................................................. 75 Husock, Howard, Alfred Taubman Center for State and Local Government, John G. Kennedy School of Government, Harvard University, Cambridge, MA...................................... 77 Katz, Bruce J., Director, Center on Urban and Metropolitan Policy, The Brookings Institution, Washington, DC.............. 80 Khadduri, Jill, Principal Associate, Abt Associates Inc., Bethesda, MD................................................... 81 Marraffa, Henry Jr., Councilmember, Gaithersburg, MD, appearing on behalf of the National League of Cities..................... 107 O'Hara, Ann, Associate Director, Technical Assistance Collaborative, Boston, MA on behalf of the Consortium for Citizens with Disabilities Housing Task Force.................. 108 Olsen, Ed, Professor of Economics, University of Virginia, Charlottesville, VA............................................ 84 Sidor, John, Principal, The Helix Group, Harpers Ferry, WV....... 110 Turner, Margery Austin, Director, Metropolitan Housing and Communities Center, The Urban Institute, Washington, DC........ 86 APPENDIX Prepared statements: Ney, Hon. Robert W........................................... 280 Clay, Hon. Wm. Lacy.......................................... 282 Crowley, Sheila.............................................. 284 Egan, Conrad................................................. 310 Husock, Howard............................................... 313 Katz, Bruce J................................................ 319 Khadduri, Jill............................................... 329 Marraffa, Henry Jr........................................... 335 O'Hara, Ann.................................................. 343 Olsen, Ed.................................................... 351 Sidor, John.................................................. 388 Turner, Margery Austin....................................... 400 Additional Material Submitted for the Record Crowley, Sheila: The State of the Nation's Housing............................ 411 Husock, Howard: ``Let's End Housing Vouchers''............................... 455 Olsen, Ed: Follow-up response to questions from Hon. Nydia M. Velazquez. 463 WITNESSES Tuesday, July 1, 2003 Burger, Eugene, Eugene Burger Management on behalf of the National Leased Housing Association, Washington, DC............ 123 Farber, Jeff, Chief Operating Officer, L.A. Family Housing Corporation, Los Angeles, CA................................... 140 Franklin, Matthew O., Director, California Housing and Community Development, Sacramento, CA.................................... 116 Gross, Larry, Executive Director, Coalition for Economic Survival, Los Angeles, CA...................................... 137 Jackson, Carlos, Executive Director, Los Angeles County Community Development Commission and Housing Authority of the County of Los Angeles.................................................... 119 Jackson, John, Head Organizer, Los Angeles ACORN................. 138 Martin, Beverly, voucher program owner........................... 136 Peters, Chanda, voucher recipient................................ 132 Schwartz, Ruth, Executive Director, Shelter Partnership, Inc..... 142 Shelton, Thomas K., Partner, Greystar Real Estate Partners and President of the National Apartment Association National Multi Housing Council Joint Legislative Program...................... 125 Smith, Donald J., Executive Director, Housing Authority of the City of Los Angeles............................................ 118 Thompson, Leona, voucher recipient............................... 134 Triesch, Larry, Assistant Deputy Director, Long Beach Housing Authority...................................................... 121 APPENDIX Prepared statements: Ney, Hon. Robert W........................................... 468 Burger, Eugene............................................... 470 Farber, Jeff................................................. 474 Franklin, Matthew O.......................................... 478 Gross, Larry................................................. 482 Jackson, Carlos.............................................. 488 Jackson, John................................................ 500 Martin, Beverly.............................................. 504 Peters, Chanda............................................... 505 Schwartz, Ruth............................................... 507 Shelton, Thomas K............................................ 512 Smith, Donald J.............................................. 518 Thompson, Leona.............................................. 546 Triesch, Larry............................................... 548 Additional Material Submitted for the Record Franklin, Matthew O.: Governor Gray Davis, letter, June 27, 2003................... 551 Waters, Hon. Maxine: Letter from James K. Hahn, Mayor of Los Angeles, July 1, 2003 553 THE SECTION 8 HOUSING ASSISTANCE PROGRAM: PROMOTING DECENT AFFORDABLE HOUSING FOR FAMILIES AND INDIVIDUALS WHO RENT--DAY 1 ---------- Thursday, May 22, 2003 U.S. House of Representatives, Subcommittee on Housing and Community Opportunity, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to call, at 2:03 p.m., in Room 2128, Rayburn House Office Building, Hon. Robert Ney [chairman of the subcommittee] presiding. Present: Representatives Ney, Green, Tiberi, Harris, Waters, Velazquez, Carson, Lee, Sanders, Watt, Clay, Miller, and Davis. Chairman Ney. [Presiding.] Today, the subcommittee will hold the first in a series of hearings to examine the current operation and administration of the Section 8 housing choice voucher program and to review various proposals intended to make the program more efficient and cost-effective. The Section 8 housing assistance program was authorized under Section 8 of the U.S. Housing Act of 1937. It is a major vehicle providing rental assistance to low-income families and individuals commonly referred to as the Section 8 voucher program. It is the largest program in the Federal government that subsidizes the housing costs of low-income households. It is administered Federally by HUD, but is managed locally by the public housing authorities, also known as PHAs. For fiscal year 2003, over $12 billion was provided for the voucher program, accounting for more than one-third of the HUD discretionary budget. Through the housing choice voucher program, eligible families can receive subsidies called vouchers to reduce their rent in housing units owned by private landlords. This is different from the public housing program which allows eligible families to move into low-rent housing units owned by the Federal government. Over the years, the program has often been criticized for its inefficiency. More than $1 billion are recaptured from the program every year despite long waiting lists for vouchers in many communities. The rising cost of the Section 8 program and some of the administrative concerns have caused many in Congress and the Administration to conclude that the program is in need of reform. The omnibus appropriations bill for 2003 adopted proposals to address the rising costs of the Section 8 program. Provisions were included that for the first time base the appropriation for Section 8 renewal program on the total amount necessary to renew all housing units currently under lease, rather than on the baseline number of units allotted to each public housing authority. The rationale for this change was that there have been no significant improvements in the utilization rate of these funds for the last five years. The omnibus bill also created a central reserve fund that the PHAs can use to supplement the rental subsidy costs of vouchers not reflected in their annual financial statements. This will allow the PHAs to lease up to their baseline levels if possible. In its fiscal year 2004 budget proposal, the administration proposed converting the Section 8 housing choice voucher program into a State-administered block grant. This legislation would dramatically change the way the Section 8 voucher program is funded and operated. The administration's proposal would convert the Section 8 tenant-based voucher program and the Section 8 project-based voucher program to a State-run block grant called Housing Assistance for Needing Families, HANF. While I recognize, as the administration does, that we have to constantly seek ways to improve America's communities and strengthen housing opportunities for all citizens, particularly for our poor, I also recognize the issue of reforming Section 8 is a contentious one. However, it is an issue that I do believe deserves debate and a sustained debate, so all interested parties should and shall be heard. To that end, beginning today, I intend to hold a series of hearings on the overall Section 8 program and the administration's HANF proposal, receiving testimony from groups and individuals across the spectrum. This is a very important discussion and is one that I will be fully engaged with in the days ahead. With us today to discuss the administration's view is Mr. Michael Liu, Assistant Secretary for Public and Indian housing at HUD. The administration has put forth a sweeping proposal, and without objection I would like to be lenient with the allotted amount of time for testimony today to give the assistant secretary the opportunity to explain the administration's proposal. I have also introduced a bill by request in the administration on dealing with the issue. With that, I would see if we have comments from our ranking member. Ms. Waters. Thank you very much, Mr. Chairman. I certainly appreciate this hearing that you have organized. The housing choice voucher program, commonly referred to as Section 8, named after the section of the U.S. Housing Act that authorized it, is the largest Federal low-income housing assistance program. The Section 8 voucher program currently serves about two million families at an annual cost of over $12 billion. Some 2,600 housing agencies, mostly local, administer the program. H.R. 1841, HANF, Housing Assistance to Needy Families, your bill, would convert the Section 8 voucher program to a block grant, transferring its administration to the 50 States, and giving them discretion over allocation of funds. Directly or indirectly, Section 8 supports over four million apartments. Roughly one in seven renters nationwide benefit from some form of Section 8 assistance. Of the four million Section 8 households, about 35 percent, 1.4 million, have portable vouchers. The HANF proposal would fundamentally change the Federal funding systems for tenant-based housing assistance from one based on actual cost to a block grant that simply distributes Federal appropriations among States. One of the Stated goals of the administration for HANF is to improve the under utilization of the Section 8 program. However, with the recent passage of HUD's funding year 2003 budget, block granting the program to States for this reason is unnecessary, as the problem of under utilized vouchers has already been addressed. The budget provides only enough funds to ensure that every family currently assisted under the program will continue to be assisted, rather than continuing the policy of funding all vouchers, even if they are not being used. Senate VA-HUD Appropriations Subcommittee Chairman Kit Bond, in a Statement at a March 6, 2003 subcommittee hearing, said, and I quote, in my opinion, HANF is premature. The VA-HUD funding 2003 appropriations bill created a new funding structure for Section 8. Vouchers where public housing authorities receive the funding for all vouchers in use and for any vouchers that can be used up to a PHAs authorized level. This funding approach should result in a more realistic assessment of Section 8 funding needs, and reduce the need to go through the annual ritual of rescinding large amounts of unused excess Section 8 assistance. I think it will take several years to ensure the reliability of this new funding system, but I am optimistic that will become a good gauge of both the actual cost and the use of vouchers. A January, 2002 GAO report compared the six active Federal housing programs and found that Section 8 vouchers were the most cost-effective. Historically, funding for block grants such as HANF has failed to keep pace with inflation. Under HANF, funding levels would be based on inflation-adjusted figures, as opposed to current policy which bases renewal funding on actual housing costs. Between 1998 and 2003, rents rose by 25 percent. Over the same period of time, the consumer price index increased by 12 percent. Even at inflation-adjusted levels as suggested by the administration, housing assistance is likely to erode steadily under HANF. If funding levels fall behind the program's needs, as likely will occur, States will either have to contribute their own funds to the program or reduce assistance to low-income families and elderly and disabled individuals in one or more of the following ways: reduction of the number of families that receive housing vouchers, despite the fact that three out of four low-income families eligible for vouchers already go without assistance because of funding limitations. A reduction in the number of vouchers would make the shortage of affordable housing even larger by cutting costs, by shifting assistance to higher-income families. Such families need smaller subsidies to be able to afford housing. As a result, the average cost of providing housing vouchers to these families is smaller than the cost of serving poor families. Also cutting costs by shifting rental burdens to families participating in the program. This can be accomplished by requiring families to pay more than 30 percent of their income for rent, or reducing the total amount of rent that a voucher could cover, thereby making fewer housing units accessible to voucher families. There is a lot more here, but I think that which I have shared with you basically describes my concerns about HANF. I am very, very worried about this program, Mr. Chairman. This is one of the most significant programs to assist poor people that we have in this country. I come from a State where we have a $35 billion deficit. If you block grant that money to my state, they are going to take some of it and use it for other things. Or if they needed to subsidize it in any way, they could not do it because we just do not have the money. So I would like to hear from others today about your legislation, but I think that this would be one of the greatest shifts in a program that I have seen certainly since I have been in the Congress of the United States, and maybe historically. I yield back the balance of my time. Chairman Ney. The gentlelady yields back the balance. Does the gentleman have a written statement? Mr. Green. No public statement, thank you. Chairman Ney. We will send you a bill for that. The gentlelady from New York? Ms. Velazquez. Thank you, Mr. Chairman. I would like to thank the chairman and ranking member for holding this important hearing today. I would also like to thank Assistant Secretary Liu for testifying. The Section 8 program is a vital safety net for our most at-risk families. It provides vouchers that allow families the flexibility to receive government-subsidized rental housing in the private market. The tenant-based program gives low-income families the opportunity to move into housing they could not otherwise afford. This gives parents more say in what schools their children attend and more opportunity to live closer to their place of employment and public transportation. However, the Section 8 program is struggling. As a result of chronic underfunding, only one-fourth of low-income households that are eligible for vouchers receive any Federal housing assistance. Additionally, landlords are opting out of the project-based program and many more are refusing to rent to new voucher tenants. The President says he has the solution; the Housing Assistance for Need Families block grant. President Bush expects us to believe that block granting the Section 8 program will not reduce the number of families assisted. He expects us to believe that it will not shift burdens to low- income families. Mr. Chairman, I believe the President has made his lack of commitment to Section 8 abundantly clear. In fiscal year 2001, 79,000 new vouchers were appropriated. That was the last year of the Clinton administration. As soon as President Bush took office, the number of new vouchers dropped to 18,000. In fiscal year 2003, no new vouchers were appropriated. The current HUD budget proposal calls for a mere 5,500 new vouchers. Mr. Chairman, there are hundreds of thousands of families on waiting lists. While the rhetoric coming out of the administration is that they are creating new housing opportunities for low-income communities, the reality is that they have systematically ignored them for the past two and a half years. HANF will seriously undermine the financial and moral integrity of Section 8. It creates an unnecessary and costly new layer of bureaucracy, and eliminates flexibility in the program. It will result in no new housing opportunities, and potentially limit the length of time tenants can receive Section 8 benefits. For these reasons, I authored a letter with my colleague from New York, Mr. Nadler, asking appropriators to fund 79,000 new Section 8 vouchers this year. This letter was signed by 66 members of Congress, including every Democrat on this panel. I will ask unanimous consent, Mr. Chairman, that this letter be inserted in the record today. Chairman Ney. Without objection. [The following information can be found on page 166 in the appendix.] Ms. Velazquez. I understand the chairman intends this to be the first in a series of hearings on this topic, and I commend him for this decision. We must consider the suggestions of a full range of expert witnesses before rushing to a markup. I believe that the current proposal will not only fail to address the needs at hand, but will make our housing crisis even worse, leaving more families out of assistance and out in the cold. Thank you, Mr. Chairman. I yield back the balance of my time. Chairman Ney. I want to thank the gentlelady. Also, without objection, all members' opening statements will be made part of the record. The gentlelady from California? Ms. Lee. Thank you, Mr. Chairman. I want to also thank you and Ranking Member Waters for convening this hearing, and to the assistant secretary, thank you for being here. Today, we all know that our nation is facing an affordable housing crisis; 4.9 million families across the nation pay over 50 percent of their income or rent often for substandard housing. Even when the economy was strong, rising housing prices kept safe, decent, affordable housing out of the reach of millions of American families. The combination now of a weak economy and rising housing and rental prices has created a situation for low-income families that is very untenable. The Section 8 voucher program has been the principal form of assistance for low-income families, the elderly, and we cannot forget the disabled also. Only 15 percent of Section 8 voucher recipients live in high-poverty neighborhoods, as compared to approximately 54 percent of public housing residents. Clearly, showing the success of integrating communities through the Section 8 voucher program is what we are beginning to see. So I recommend that we look at how the Section 8 program performs after the changes that were made during last year's appropriations cycle. We should also look at the issue of recaptures and bring in our local housing leadership and tenants to talk about the real problems with local housing affordability and potential solutions. Block granting will not work. This proposal I believe goes in the wrong direction. Most importantly, I think we must increase the flexibility and funding for vouchers in order to eliminate our long waiting lists, recruit more landlords, and broaden our pool of affordable rental units. That is the direction I think we need to go in. The Housing Assistance for Needy Families fails to effectively address the needs of the Section 8 voucher program and would compound our nation's growing challenges with our housing and state budget crisis. So I think that we do, as the ranking member and Congresswoman Velazquez indicated, I think we need to look at this. We need to have more discussion and we need to try to come up with a bipartisan approach to this. I look forward to working with members of the administration, HUD, and with members of this committee on, really, I believe what amounts to saving our Section 8 program, because I think going in this direction truly will possibly eliminate it for many of our communities. Thank you, Mr. Chairman, and I yield the balance of my time. Chairman Ney. I thank the gentlelady, who yields back the balance of her time. The gentleman from North Carolina, do you have an opening statement? Mr. Watt. Thank you, Mr. Chairman. I will not take the full time, but I would just thank the witness for being here, and for being available to answer questions. I am all in favor of improving the Section 8 program. In parts of my congressional district, it works; in other parts, it does not work. But I am not sure that I understand how simply passing the problem along to the States addresses that. I do not necessarily view that as an improvement in the Section 8 program. I suspect what you will get are some improvements in some places and some substantial un-improvements in other places. One thing we know for sure is that there will not be the body of information and experience that has been built up about the Section 8 program by HUD over all of these years, because in effect what we are doing is telling States to start doing something that they have not been doing in the past. I am not sure I understand how that improves the situation. It gets it off of HUD's plate. It passes the buck, but somebody has got to do the hard work. So I am looking forward to hearing how we think this improves the Section 8 program, not just moves it from one location to another location. So if I can get some answers to that, either in your opening statement; I was looking at your opening statement and it is just kind of like we assume that this movement somehow improves the program. I do not see the structural definition of how that occurs, other than just the assumption. So I hope you can address that as we move along, and I will yield back the balance of my time. Chairman Ney. The gentleman yields back the balance of his time. We want to welcome Mr. Liu to the committee; the Assistant Secretary for Public and Indian housing. Without objection, your written statement will be made part of the record. Welcome. STATEMENT OF HON. MICHAEL LIU, ASSISTANT SECRETARY, PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, WASHINGTON, DC Mr. Liu. Thank you very much, Mr. Chairman, Ranking Member Waters, and members of the committee. I appreciate the opportunity to appear before you today to discuss H.R. 1841. The purpose of the Housing Assistance for Needy Families, or HANF proposal, is to improve the delivery of tenant-based assistance to very low-income families. We believe that it will accomplish this objective by retaining the core elements of the tenant-based assistance program, while stripping away the unnecessary requirements and regulations that are not central to the program's fundamental mission. The current program's basic concept is still sound. However, there are serious shortcomings with its design and effectiveness. This is evidenced by two very troubling figures. Over $1 billion of tenant-based assistance have been annually recaptured by Congress; and two, HUD pays upwards of $1 billion in over- subsidy due to errors resulting from the current complicated restrictive program rules which we do have. So on the one hand, money goes unused and thousands of eligible low-income families do not receive subsidies. On the other hand, the government is paying too much for what is used. Reforming and simplifying the program can eliminate both of these staggering problems and provide more, not less housing, to those in need. In addition, HUD must administer the voucher program through rules and regulations in a one-size-fits-all mode to over 2,500 entities throughout the nation, half of which administer only 250 or fewer vouchers. The sheer number of local administrative entities has significantly diminished HUD's ability to provide quality assistance to the program and to monitor and accurately measure performance. Under H.R. 1841, HUD would be authorized to make grants available to States to provide tenant-based rental and homeownership assistance, either directly or through local entities, to eligible families. I repeat, we are authorized to make grants to the States. We are not mandating that the States take on this program. States who want to take on this program would have to apply with a plan, and we would have to approve that plan. We believe the States, those who accept this challenge, would be able to make more timely and informed policy and funding decisions based on local need and market conditions, as compared to administrators back here in the beltway in Washington, D.C. These decisions include moving unused funding to heavy demand areas of the State at any given time during the fiscal year; something that takes HUD many weeks, if not months, to attempt to implement; and then tailoring the program to better address the practices of the local market and needs of the community. States would have the ability to contract with the most effective entities to manage the program in any given area of the State, fostering greater accountability and competition in the program. State administration would reduce the administrative burden associated with running the program by consolidating many of the administrative duties currently replicated by every single PHA in a single state, such as reporting and budget. HANF would retain and expand portability of tenant-based assistance to all areas of the country, including those few areas not currently covered by the voucher program. State administration would eliminate the burden of portability moves within a State which account today for over three-fourths of all moves between PHA jurisdictions. Moves between States would also be easier to accomplish. The number of vouchers available to the State at a given time through normal turnover would permit the State to absorb the family into its own program and eliminate the cumbersome billing process which currently exists among PHAs across state lines. Some concerns have been raised that the HANF grants may be more susceptible to budget cuts as a block grant or that increases in rents would out-pace inflation. We believe just the opposite would be true. Because the changes brought about by HANF would facilitate greater utilization, the funding levels would be more sustainable and justifiable compared to the current program which Congress just this year adjusted funding levels to account for under utilization. Some assert that block grants have been more vulnerable to cutting in the annual appropriations process than others. In fact, the funding history of the very similar affordable housing type of program, the HOME block grant program, just does not support this suggestion. In the President's fiscal year 2004 budget, the requested appropriation for the HOME program is 14 percent higher; that is adjusted for inflation; than in the program's very first year. The program has in fact received regular annual increases since 1993. We believe that support in the budget and appropriations process for programs does depend in good part on their performance. By strengthening the performance of the housing choice voucher program, the administration's proposal would increase the chances that future funding increases will be provided by Congress. I want to point out that our 2004 requests for HANF is over $900 million than our fiscal year 2003 proposal. Under 1841, annual funding would be adjusted by a formula that would take into consideration data specifically tied to housing costs, not just inflation in general, as well as the number of the families assisted, extent of poverty, state performance, and funding utilization. Another misconception is that States would be able to divert HANF funds for other purposes. Our legislation is clear that the program would be limited to tenant-based rental and homeownership assistance and the costs of administering those grants. Conversion to the HANF program would maximize the number of families receiving housing assistance, without shifting assistance away from those families with the most need. The initial amount of the HANF grant would be equal to the sum of all voucher funding currently provided to public housing agencies in the State. The States would be required to maintain assistance for at least as many families as are currently served, and families under the voucher program at the time of the conversion to HANF would continue to receive tenant-based rental assistance under the current regulations through fiscal year 2009. In addition, any family participating in the homeownership voucher program at the time of the transition to HANF would continue to receive homeownership assistance under the same terms and conditions as the current program. Lenders can continue to underwrite loans with the full assurance that the rules under which they base those loans would not be impacted by the conversion of the program. A major goal of 1841 is to simplify and reduce the administrative burden on the program providers. For instance, a significant problem plaguing the voucher program is the unacceptable error rate of approximately $1 billion a year on the calculation of adjusted incomes and rental subsidies. One of the root causes of the problems is the myriad of different rules covering what qualifies as annual and adjusted income, coupled with numerous temporary full and partial exclusions and income disregards. There are even rules which talk about capitalization of indebtedness; rules involving depreciation of assets; hard to believe when we are talking about a population that really we are not considering those types of issues when we are looking at them. These policies, however well intended, and many of them directed by past Congresses, have simply made income determinations a far too complicated process. Under HANF, all income determinations would be based on gross incomes. States would have the flexibility to set the percentage of gross incomes that families would be required to contribute as their share of the rent, but that percentage could not exceed 30 percent. Under the current voucher program, families may choose to pay more for higher-priced rental units if they wish. In summary, 1841 offers us an opportunity to make significant improvements to the housing voucher program. It moves administrative decisionmaking out of Washington, closer to the communities and families affected, along with program flexibility to address local needs. States would have the means to take actions that may be necessary so that program funds are expended promptly and most effectively. Importantly, the HANF program provides government support of self-sufficiency efforts for assisted families, efforts to reduce homelessness, and to help the disabled live independently. It does this by facilitating greater coordination with state-administered programs relating to education and job training and child care and health care, inclusive of programs like TANF and One-Stop Career Centers. I thank you again for this chance to testify, and I look forward to answering any questions you might have. Thank you, Mr. Chairman. [The prepared statement of Hon. Michael Liu can be found on page 161 in the appendix.] Chairman Ney. I want to thank you for your testimony. They have also called two votes, but we will try to get some questions in and then vote and then return. I just wanted to give you an example, and I do not know if you have looked at this or how it would be written, but in my own state there was a grab of TANF monies, and those monies which should have gone into, in my opinion, the work program went into supplement Head Start. Now, it is not legal and I did not think it was then, but it was done based on the fact that somehow they did education for parents; there was some clever way to remove, or as I used to say, appropriate or steal those funds over, whichever way you want to put it. I did not agree with what they did. If you do this, how do you craft this so you make it crystal clear that funds cannot be used for any purpose but exactly what traditionally the PHAs have used them for? Mr. Liu. Mr. Chairman, we fully anticipate that in review of the plans from the States that we will be obviously looking to ensure that their plans to make clear that the funds will be used for a tenant-based voucher program. Secondly, in the initial phases of the program, we believe that it is very likely that we will monitor more than just one a year, probably at six-month intervals, again just to ensure that there is compliance with the program requirements, compliance with their plans, so that these types of intrusions on the intent of the program are mitigated and certainly are prevented to the extent that we can. Chairman Ney. Just to follow up on that, because again I think that we would have to look at other options or what options would be out there, if the governor of a State would not in fact comply and somehow said, look, I think these monies could be shifted and supplemented for; I cannot think of an example right now, but the Head Start was the best example. Do you sue the governor if the State is running a program? Because technically, you cannot use Federal dollars. HANF money, in my opinion, cannot be used to supplement Head Start money that the State of Ohio, for example, should have put in. So what happens, I guess; has anybody thought that out? Mr. Liu. We have a range of options in the event that a State oversteps its bounds or is not compliant with the program outlines. We can take back the program administration. There is no question in the legislation that the Secretary has the power to do that. We can withhold funds until we are satisfied that the State has righted its ways or assured us that it will not proceed down the wrong path. We have the ability to penalize the administrators involved through civil as well as potentially criminal actions. So we think that we have an array of tools that we can use to prevent those things from happening, Mr. Chairman. Chairman Ney. The gentlelady from California, do you have a question? Ms. Waters. Thank you very much, Mr. Chairman. This may be a question that is easily answered and everybody else may understand except for me. What if a State decides it does not want to take the block grant? Mr. Liu. Then HUD will administer the program under the guidelines as outlined in 1841. In other words, we will administer the program with the entities within the State that we feel are good performers, know how to manage the program, and with the flexibility and simplicity which we feel the State was intended to at the start to be managed by. Ms. Waters. Obviously, the administration of this program demands a large number of personnel to do it. So if all of the States decided they were going to take the block grant and administer the program, that means you would have to kind of get rid of this part of HUD. Is that right? Mr. Liu. Absolutely not, Ranking Member Waters. The history of HUD over the past, prior to this administration, because we have increased our personnel at HUD. Ms. Waters. What are you going to do with all these people who used to administer Section 8? Mr. Liu. Right now, these people are basically looking through paper, doing rote type of work. We want to free these people to provide the type of quality assistance, technical assistance, qualitative thinking that right now we have to go outside the agency to get and to pay millions of dollars for. We want to use our staff to do the type of qualitative work with the State entities and their partners in making this program more efficient and better. Ms. Waters. We are going to have to go, but I am concerned about all of this monitoring that you are going to do that you cannot do now. What you are basically saying is that HUD cannot do it now. But then you tell us, you are going to make sure the States do it because you are going to set up all these monitoring systems. Now you are trying to tell me you are going to take all of these employees and you are going to use them to do something related to the program, while my state and other States are going to be using part of this block grant to put up whole new systems by which to administer the program, which is extreme duplication. What are you doing and why are you doing this? Don't answer now, we have to leave. We will come back. Mr. Liu. I will answer you, Ranking Member Waters. Chairman Ney. If the gentleman will hold, we will be back. [RECESS] Chairman Ney. We will begin again, and we will go for questioning to Mr. Green. Mr. Green. Mr. Liu, I guess the biggest question I have is what do you see as the main barriers to increased participation in the Section 8 rental program? What is it that we should be doing to attack those barriers? Mr. Liu. The main barrier is, as I have outlined, congressman, one, simplification; getting back to the basics of what the program was intended to do, to help people with low income so that they do not pay more than 30 percent of their gross income; very simply. We have over the years created layer upon layer of different directions, many well intended, where in fact we have problems now in figuring out just who qualifies and does not qualify for the program. We end up, as I stated, paying $1 billion more than we should for those vouchers that we use, and then for the vouchers that we do not use, we lose $1 billion on the back end. Number two, we have a very inefficient system currently in trying to make use of these precious dollars; over 2,600 entities, over half of them manage fewer than 250 vouchers. We spend $10 million extra just to take care of so-called troubled agencies. Those administrative, as well as programmatic in terms of policy, are the biggest barriers. Mr. Green. You have in both your written testimony and your response just now, you have put some dollar figures on inefficiencies and anecdotes and examples. Do you have any idea program-wide what kind of savings we are talking about? Obviously, you must believe that there are savings. I think that is the philosophy behind what you are trying to do or what you are proposing to do. Do you have any idea what those numbers would mean, and therefore what the increased participation could mean? Mr. Liu. Very, very roughly in terms of cost savings, from a very conservative estimate of anywhere from $150 million upwards to; the difficult part is how do you value the type of quality assistance that we are not giving now that we could give to managers of the program. That is difficult to quantify, so that could be another $100 million, maybe more. Mr. Green. Okay, thank you. Mr. Chairman, I have no more questions. Chairman Ney. The gentlelady from New York? Ms. Velazquez. Thank you, Mr. Chairman. Mr. Liu, I am disturbed by what I believe to be a large number of misleading statements in your testimony. To cite two, on page three you said, ``some assert that block grants have been more vulnerable to cutting in the annual appropriation process than others, so that block-granting vouchers means that funding is less likely to keep pace with inflation in the future. The funding history of HUD's HOME block grant for housing does not support this argument.'' However, provisional data from the CBO indicates otherwise, and I have it right here. During the current administration, funding for HOME and CDBG has increased by only 4 percent, while inflation has been 6.1 percent. Then, additionally, on page four, you said, ``States will have the flexibility to set the percentage of gross income that families would be required to contribute as their share of the rent, but that percentage could not exceed 30 percent.'' Yet the language in H.R. 1841 clearly says that, and I quote, families may choose to pay more to secure better quality housing. To me, this indicates that HUD will expect, and as the budget crisis gets worse, HUD will encourage any family who wants safe, decent housing as opposed to just a roof over their head, to pay more. Yet that is not what you imply in your testimony. How do you respond to these contradictions, and how can we believe your testimony? Mr. Liu. First of all, they are not contradictions, congresswoman. The number you gave from CBO is the combined CDBG and HOME figure. The HOME figure is in fact adjusted for inflation at 14.7 percent since the start of the program. For the specific fiscal years you mentioned, the increase is at 10.7 percent. Secondly, in regards to what the legislation States, the legislation clearly States the maximum that the State could impose. Currently, as the program exists now, that any one family could pay is 30 percent of gross income. Excuse me; in terms of the ability of a family to pay more if they wanted to, that is the status quo right now. If a family wants to pay more than 30 percent more, they can. So there is no contradiction, congresswoman. Ms. Velazquez. You said that block grants are not susceptible to inflation; eroded due to inflation. But when you look to the block grants, big block grants---- Mr. Liu. There has been an increase in CDBG. I did no mention CDBG in my testimony. I mentioned HOME as the program that we feel is most comparable because HOME program; I said HOME program. That is very specific. The example that we used in our testimony is the HOME program. Ms. Velazquez. Someone said that block grants have been more vulnerable. I think that is clear English. Sir, how will owners respond to the fact that vouchers will no longer be permanently awarded to participating families? How do you respond to arguments that they will be worried about renting to voucher holders because they know that they could be terminated at any time, even if they have always paid the rent, and they are still income-eligible? Mr. Liu. Congresswoman, the program currently is based on annual contracts, annual leases, by and large, in the various communities that have the program. Landlords are not promised now lifetime commitments on the part of the agencies, nor would they be permitted to be counting on lifetime contracts or leases with tenants in the future. The program will be managed as it is now. Private sector landlords would sign leases with tenants. Those tenants will be by and large on an annual basis. Ms. Velazquez. What about if there is a change in family income during the year? Mr. Liu. Currently, if there is a change in family income and the family goes over income, the housing authority is supposed to make adjustments to the rent paid by that family. If they are in fact ineligible, if they become ineligible, then the housing agency does have the right to terminate that lease. That is under the current program. Ms. Velazquez. And if their income goes down? Mr. Liu. And if their income goes down, the housing agency has the ability and they have the responsibility to adjust the rent paid by that family accordingly. Ms. Velazquez. How will that happen if the block grant has already been distributed? Mr. Liu. The block grant will be in terms of the sums provided to the States. The State will still have to administer the program through leases made with private landlords, just as they are done right now. Chairman Ney. The time has expired, but I would note we can go into a second round afterwards. What I would like to do at this time is I had yielded part of my time to the gentlelady from California so we could both get a question in. So I have got one more and then we will go on to the gentleman from North Carolina. The question I have, if this was a recapture problem, did the omnibus fiscal year 2003 bill, did it take care of the recapturing? Mr. Liu. The omnibus bill took care of the recapture issue, but it did not take care of the programmatic issues, nor did it take care of effective utilization issues. Through the reserve fund and through the ability to reallocate, it took care of the recapture issue, but it did not take care of the complexity issue. It did not take care of the over-subsidy issue. It did not take care of the administrative issue that we have to deal with all these very small entities, thousands of different PHAs that we have to work with now, Mr. Chairman. Chairman Ney. The reason I asked that, most of the thrust of what I have always heard of why this is needed is because of the recapture issue; the money has come back to Washington and did not get out to the people. So naturally, I was thinking if the omnibus bill took care of the recapture issue, why would we have to proceed? But you are saying there are other factors that would cause the block-granting beyond the recapture issue, correct? Mr. Liu. Absolutely, Mr. Chairman, absolutely. Chairman Ney. That makes a whole difference; I will do a second round of questions. If it was just an issue of recapture, one would think that what a housing authority does not use within a State it could automatically shift back to the State, so it does not come back to Washington to be decided whether it was recaptured or not. That could be corrected in a measure. Mr. Liu. Yes. Chairman Ney. You are saying that it is issues of utilization, and what else was it? Mr. Liu. Administration, a better delivery system, complexity of the program so that we can do away with the current problem of for the vouchers we do use, we essentially end up paying $1 billion more than we should be. Chairman Ney. How much more? Mr. Liu. Over $1 billion. Chairman Ney. For? Mr. Liu. For over-subsidies. In other words, we have found out that our agencies have such a difficult time in calculating income requirements, whether it is for new tenants or recertifications, that we end up paying more than we should be. And then finally, the ability to, from a case management standpoint for providing the best social service playing field for these families, we believe that working with the States who also have primary responsibilities in so many of these programs relating to education, job training, the TANF programs, career training programs, that it only makes sense, good sense, to combine the housing component; not the resources, but the program delivery alongside these other programs. Chairman Ney. At this time, we will move on to the gentleman from North Carolina. Mr. Watt. Thank you, Mr. Chairman. Mr. Liu, how much is HUD now spending to administer the Section 8 program? Mr. Liu. The full total amount of the program has fluctuated over the past few years between $12 billion and $14 billion for the tenant-based program. Mr. Watt. That is the administration cost? Mr. Liu. That is the overall program. For the administration, we have---- Mr. Watt. I am looking for the administration. Has HUD done a calculation of what it costs now to administer the program? Mr. Liu. $1.2 billion. Mr. Watt. $1.2 billion, Okay. And how many employees is that? How many employees do you have administering the Section 8 program? Mr. Liu. That $1.2 billion is what we---- Mr. Watt. I did not ask you whether that; I assume the employees, the salaries are included in that, but how many employees administer the Section 8 program? Mr. Liu. I could not give you that figure because the number---- Mr. Watt. If you can get that for me later. Mr. Liu. I can get that for you. Mr. Watt. Okay, alright. As I understood what you said in response to Ms. Waters's question, you are not going to cut any of those employees. Mr. Liu. I need to clarify that. The $1.2 billion is what we provide to the housing authorities currently to pay for their administrative costs. Mr. Watt. That is not the question I asked, though, Mr. Liu. I want to know how much; has HUD done a calculation of what it costs HUD to administer the program? Mr. Liu. It is about $15 million. Mr. Watt. $15 million, okay. And you still do not know, I assume, how many employees HUD is using to do that? If you will get that information for me. Mr. Liu. I can get that for you, sir. Mr. Watt. Okay. Let me just raise some concerns that I have based on your testimony, which I think is very conclusory in the way it is presented, but raises more questions than it answers. First of all, starting at the end, with the comment that you just made in response to Mr. Ney's question, you say that this is more efficient because it does this by facilitating greater coordination with state-administered programs related to education, job training, child care and health care, inclusive of other state-administered Federal programs like TANF and One-Stop Career Centers. Yet there is no mixing of resources, and for the life of me I cannot understand how this process makes it more efficient if there is not going to be any mixing of resources. Number two, you say on page four of your testimony that there is an unacceptable error rate of approximately $1 billion in the calculation of adjusted incomes and rental subsidies. I assume that those errors are not being made by HUD; they are being made at the local level. Is that correct? Mr. Liu. Yes, sir. Mr. Watt. Okay. So it is not HUD that is incompetent; it is whatever agencies are administering the program in local communities that are doing incompetent monitoring, and you are still going to have some income criteria, so somebody in the local community is still going to have to administer those, I assume. Mr. Liu. Yes, sir. Mr. Watt. Okay. And so do you have discretion now; does HUD have discretion now to contract with somebody other than housing authorities to administer Section 8? Mr. Liu. If the housing authority falls into what we call ``troubled status.'' Mr. Watt. Okay. And then you would have to snatch it back and administer it yourself, not contract with somebody else, right? Mr. Liu. We would probably, through a contract, then administer the program with potentially---- Mr. Watt. Are you doing that anywhere? Mr. Liu. Yes, we are. Mr. Watt. Okay. So you have found some places where they were just so inept that you had to get somebody else to do it. You are saying the State is more likely to be able to find somebody else than the Federal government is? Mr. Liu. We think the States are closer to the action. Mr. Watt. I understand that the State is closer to the action, but this is Federal money that we are administering, and if we are going to cut all the strings that are attached to it, it seems to me we ought to get out of the housing business and let the States collect the money and we would not be involved in the process at all. The Federal objective here, I take it, of Section 8 is to provide decent; we have a national policy to provide decent and affordable housing to people throughout the country. I think me and Mr.--what is the guy's name who ran against Hillary Clinton in New York? Mr. Lazio and I had about a two-hour debate on the floor of the House where he was trying to eliminate that from the housing bill. Finally, he relented. Our national objective still is to provide safe and affordable housing to every American citizen; not a right, but an objective. What I hear you saying is we are going to pass that objective to the States and rely on them to achieve the national objective that we have set. If we have a national objective, it seems to me, and we are going to use national money, it seems to me that we ought to be ultimately accountable for the use of this money. I just do not see that this block granting approach either adds efficiency; we are going to keep the same number of employees and the States are going to come up with a new infrastructure at the State level. They may contract with new people at the local level to administer the program who have no experience in doing it. So we are likely, it seems to me, to end up with an inordinately more inefficient program than we have now. I am just having a lot of trouble understanding that. Chairman Ney. The time has expired. Mr. Watt. I thank the gentleman. Chairman Ney. We will have another round of questions. I want to move on, and then we can come back, so if you could hold that. Can you answer that? Mr. Liu. Very quickly. I would just point out that in fact today 34 States have experience with the program and manage some form of the Section 8 program. We have national objectives for many areas of domestic policy; in agriculture, in health, in education; and the States manage many parts of those programs. Chairman Ney. Thank you. Mr. Tiberi? Mr. Tiberi. Thank you, Mr. Chairman. I apologize for coming in late. Mr. Liu, I was dealing with a HUD constituent matter, you can appreciate that. Just kind of following up on Mr. Watt's thoughts, he and I are agreeing more and more lately, which I am not sure is scarier for me or scarier for him. But in terms of the States, if you could share with us your thoughts regarding States' roles in this issue. Let me give you an example and have you respond. The chairman and I have served in the State legislature in Ohio. Ohio right now is going through, like many other States, a budget crunch. One of the things that the State does not do right now is really deal with housing. They have an agency within the Department of Development that deals with housing from a macro standpoint in terms of bonds. But in terms of actually administering a housing program like the Columbus Metropolitan Housing Authority does today, they simply are not capable of doing it and do not do it. So my question is two-fold, if you could give me your thoughts on the theory behind the program, if it became the law of the land. How would States like Ohio have to structure and beef up and provide a bureaucracy for such a program and oversight for such a program? And number two, what would happen to housing authorities today as we know it, in terms of their right to exist, as well as the employees that they have today? I know they are concerned, at least in Ohio, that they would be put out of business. Mr. Liu. Thank you for your question, congressman. I, too, have served in a State legislature. My home state is Hawaii, where it has a very active housing program, where it does administer a very active loan program. As I mentioned earlier, the legislation in our proposal is not a mandatory program on the part of the States. If the States did not feel that this is the right time for them; if they felt that this was, for whatever reason, not the right program for them to come in for, they need not be part of the application process. In which case, HUD would manage the program. Mr. Tiberi. Let me share with you, though, my concern. Maybe I did not express it very well. Ohio is going through a budget crunch, and they look, wow, here is some money that maybe we can put into the Department of Development and try to do what HUD is trying to do, maybe for even less money. Many argue that the system is already balkanized. Could this balkanize it worse, when you do not have, really, in some States a bureaucracy, and States would be attracted to the fact that there is this pot of money coming from HUD, let us grab it and try to deal with this issue? Mr. Liu. The program, first of all, would have to be used for a tenant-based program. There would not be the ability, and it is written into the law; there would be monitoring to that effect that they could not use these funds for other than a tenant-based voucher program. The easiest way for a State, and we think a logical way for a State to deal with the issue of a quick ramp-up to be able to administer the program, would be to contract with those entities within their States which are doing a good job now; those larger entities that have substantial programs which are in fact meeting many of the requirements of even the current complicated situation that we have. In Ohio, 34 percent of the agencies there are of the small category. That is not an insignificant number. Very easily, the State could contract with those housing agencies that do well, such as the one in the town that you mentioned, in Columbus, to continue managing the program. Mr. Tiberi. Excuse me, Mr. Chairman, one last question. If that is the case, then under the scenario today, under the theory that you have provided to us under this bill, that let us push it back to the State level, why not just push it back to the local level to start with under that theory? Mr. Liu. Because we believe the States right now are uniquely situated because of the other types of social service self-sufficiency programs that they are a key player in, in order to manage the program on a regional basis. Local entities are very local in their outlook, in their city or town. The voucher, because we want to give the portability aspects the greatest amount of flexibility and because most of the portability which we see in the voucher program lies within specific States, really sets itself up as the States are in fact the best entities that we see to manage this program. Mr. Tiberi. Just to follow up, Mr. Chairman, you do not have any concern with respect to States who do not have that ability in abusing that right, that effort? Mr. Liu. We believe that we will have enough of a monitoring presence to mitigate those concerns, sir. Chairman Ney. I thank the gentleman. Do you want to co- author that bill with me? Okay. Mr. Davis from Alabama? Mr. Davis. Thank you, Mr. Chairman. Mr. Liu, good afternoon to you. Let me, if I can, pick up a little bit on Mr. Tiberi's questions and maybe go in a slightly different direction. There is one layer of concerns, I suppose, that States strapped for cash as they are, will take money that should go to housing and use it for other purposes. There is a more subtle concern that I have got. It is that a lot of States have significant disparities in their urban and rural housing needs, or at least the people who are sitting in state capitals have a perception of that. As you know, in most States, State Legislatures are affected by the population. They are determined by the population, so the urban areas have a lot of votes; the rural areas do not. I am concerned about the fact that if this program were transferred to the States as you and the administration want, that it would give the States an enormous amount of flexibility to discriminate, if you will, between urban and rural areas. Are there any particular strictures or provisions in place that would prevent States from reallocating funding in ways that might discriminate against rural areas, or even in some cases against urban areas? Mr. Liu. Congressman, the legislation would require us within 12 months of enactment to come up with a formula that looks at the number of families being served, extent of poverty within the State, cost of housing within the State, the performance of the State in administering grant amounts under this Act or others, the extent to which the State has any funds previously appropriated under the Act, and other measurable items. To the extent that there may be a concern and issues regarding rural versus urban, the Secretary has indicated that is certainly something that we can work on with this committee and others in developing that formula once this is enacted. Mr. Davis. And just if I can follow up on that, Mr. Liu, that I think is a point worthy of being followed up on because as you know, once this is down-loaded and sent to the States with all the things that HUD is doing, monitoring what the State of Alabama does with respect to York and with respect to Birmingham is not exactly going to be high on the priority list. So the concern that I think some of us would have is whatever changes are made, there need certainly to be some provisions in place. For example, Medicaid right now has certain rules and provisions that require States to allocate funding in ways that do not discriminate across regions. Let me move to one other area. It is my understanding that under the changes that you have proposed, that some of the income-targeting would also be changed. Right now, it is my understanding that about three-fourths of the money under Section 8, or three-fourths of the vouchers, I should say, have to go to what are classified as low-income tenants; people that fall within a certain median range. As I understand it, that could be reduced to as low as 55 percent. Is my understanding accurate, first of all? Mr. Liu. We would have the ability to waive the 75 percent requirement down to 55 percent, which still preserves the majority of the vouchers going to those at 30 percent or below of median income. But currently under the program, under the current targeting requirements, we find housing authorities having a difficult time providing vouchers to seniors who do not qualify because they may be getting more under Social Security; to those under the TANF program who because of their new work involvement are earning more than the required, or just above the 30 percent level. So while we preserve the basic parameters of the program as they exist today, we believe that the flexibility to allow the States to request waivers from HUD that could not do it on their own, is a reasonable one because we do preserve that a majority; at a minimum 55 percent; would still have to be at that level. Mr. Davis. Let me cut you off just in the interests of time. My concern with that, Mr. Liu, is that may be a fairly noble goal to get more seniors involved in the program, and of course there is nothing that would require States to reallocate the money to seniors. My concern is that at a time when the economy is in such dire straits, we are potentially singling out the most vulnerable people for cuts. That leads to my last area of questions. Right now, as I understand it, States can impose a minimum rent requirement of $50 a month, which doing the math, is $600 a year. Now, it strikes me as being somewhat curious public policy at a time when unemployment is rising and when poverty is rising in some parts of this country to raise the rents on people who are in this program, because of their limited ability to pay rent in the first place. That certainly does not strike me as good policy, and it does not strike me as a good selling point for the administration either. Mr. Liu. Fewer than 8 percent of the families would be affected by the $50 rent requirement. Mr. Davis. But it would be the poorest 8 percent, though, would it not, Mr. Liu? Mr. Liu. No, no. Our analysis shows that those who would be affected by the $50 are those that right now are claiming certain exclusions from income; exclusions that would not be available because we are simplifying that whole formula to 30 percent of gross income. Mr. Davis. Mr. Chairman, I think my time has expired. Chairman Ney. I want to thank the gentleman. Mr. Clay of Missouri? Mr. Clay. Thank you, Mr. Chairman. Thank you, Mr. Liu, for being here today. You know, if block grants follow their historical pattern and the funding levels erode over a period of years, why would you consider this approach for Section 8 vouchers? Are you interested in sustaining the program or letting it erode over a period of years? We already know that most States would not have the funds to take over the slack caused by the Federal reduced funding. Is this a method of eventually killing the program? Mr. Liu. Absolutely not, congressman, although I appreciate your concern. Our intent here is to put the program back on a much more sound footing, so that it can perform at a level that we would all be comfortable with so that in fact we can ask for more dollars in the future. Our proposal for 2004 is over $900 million more than our request in 2003. I think that is a specific sign that we are not looking to erode or kill this program. Secondly, as I mentioned earlier and it was included in my testimony, we cite the HOME program, a block grant program for affordable housing, as indicative of a block grant program that has in fact increased since its inception; increased to the tune of 14 percent since the first year of its coming into play. The administration's 2004 proposal is significantly higher than the 2003 proposal. Mr. Clay. Well, predicting an increase would indicate that you predict an increase in the number of people qualifying for the Section 8 program. Let me also get back to the line of questioning by Mr. Davis, along the States administering the block grant program. I come from Missouri, a Midwestern state. What entity in Missouri do you envision being able to administer the Section 8 funds? I mean, I am sure your staff maybe can help you answer that, but just give me an example of who you would look to, what entity would you look to in Missouri to do this? Mr. Liu. We would look to see in a State like Missouri, which I do understand the history there, that we would think they would be wise to look toward housing agencies now that are doing a good job in your State of administering the program, and by contract having them do the work for that, and combining the inefficient operators in the State of Missouri with the larger and better-operated programs, which solves many of the issues of delivery. If there were a concern and Missouri decided they did not want to get into the program, they do not have to. Mr. Clay. Oh, it is optional? Mr. Liu. It is not a mandatory program. Yes, sir. Mr. Clay. Optional. Let me also point to a tenant management-run group in St. Louis called Carr Square Village. Representative Waters grew up in that community. It is run by a tenant management group. It is a troubled site. Yet, no action has been taken on that site. Do you have any background information on it? Could you let me know what you plan to do there? Can you shed some light on it? Mr. Liu. Are you specifically mentioning Carr Square? Mr. Clay. Yes, I am mentioning Carr Square Village, yes. Mr. Liu. Yes, Carr Square, we have taken action, sir. We have moved in court to take over that tenant management association. They have challenged us and we are now in a court battle with that TMC group. Mr. Clay. So that is a pending court case? Mr. Liu. It is in court right now. Mr. Clay. And if you prevail in court, then you will contract out with an agency that takes over troubled sites? Mr. Liu. We will have to find a unique way to deal with that because that is actually an old HOPE I site. Mr. Clay. Yes. Mr. Liu. It is a very complex situation. Mr. Clay. And it is very troublesome for us in the community who had so much hope for the project and would like to see some action taken in the very near future on it. Mr. Liu. We have. We have, through our enforcement center. Mr. Clay. I thank you very much, and that concludes my questioning. Thank you. Ms. Carson of Indiana. Mr. Chairman? Chairman Ney. Does the gentlelady have a question? Ms. Carson of Indiana. Thank you very much, Mr. Chairman. Chairman Ney. I am sorry. Would the gentlelady yield? Ms. Carson of Indiana. I am sorry. Chairman Ney. I am sorry. Mr. Sanders is next, and then the gentlelady. Mr. Sanders. Thank you, Mr. Chairman. Mr. Chairman, I would ask unanimous consent that my statement be placed in the record. Chairman Ney. Without objection. [The prepared statement of Hon. Bernard Sanders can be found on page 158 in the appendix.] Mr. Sanders. Okay. Mr. Chairman, I was also very pleased to hear everybody's respect for the role that States play in our national system. I would hope that that respect would remain when we deal with the Fair Credit Reporting Act, and I look forward to widespread support from your side of the aisle to not preempt States from passing stronger consumer protection, because I will use the record to show how much we respect States' rights and how good States do things. We will look forward to your support when we move to the Fair Credit Reporting Act on that. Mr. Liu, thank you very much for being with us today. My first question is a pretty simple one, and again because of time constraints, I am going to ask you to be brief. I apologize for that. We have about four million American households who are paying over half of their limited incomes on housing. We have in the course of a year in terms of homelessness in the United States, we are going to have about 1.3 million children at one time or another living out on the streets. Do we have a housing crisis in the United States of America? Mr. Liu. We have a concern with all families of low income, sir. Mr. Sanders. Do we have a housing crisis in America, in your judgment? Mr. Liu. What we have, sir, is in regions, in certain areas of our country, we certainly do have very difficult housing situations, but it does not stretch across the country in all areas. Mr. Sanders. Boy, that was a good answer; very impressed by that. Let the record show that I think we have a serious housing crisis, which is why among other things we have 195 cosponsors on legislation called the National Affordable Housing Trust Fund, which would build 1.5 million affordable units over the next 10 years. The point is, I do not think the administration does think we have a crisis, which is why I think we are not getting the kind of support that we need for affordable housing. Mr. Liu, my deep impression is that this administration is not strongly supportive of affordable housing. In the year 2001, 79,000 new Section 8 vouchers were appropriated. That was in 2001. But in the year 2002, despite what I consider to be a major housing crisis, that number dropped to only 18,000, and for 2003, no new Section 8 vouchers were appropriated. Can you tell me why in the midst of what I consider to be a severe housing crisis, we have seen a drop to zero in terms of new housing Section 8 vouchers? Mr. Liu. Congressman, our budget from 2000 to 2003, and inclusive and then adding on 2004, has increased our request by over $2 billion for the Section 8 program. Mr. Sanders. But Mr. Liu, you know that is a bit disingenuous as an answer, because you have not added new housing vouchers, unlike previous administrations, but more importantly what you are saying is you are obligated by law to pay the rent for a certain number of vouchers. Rents have soared, and you have paid those rents. Isn't that why we have seen an increase in expenditures? Mr. Liu. Congressman, we have made requests of upwards of 34,000 for new incremental vouchers, and we did not get them funded. Mr. Sanders. From whom? Mr. Liu. From this Congress. Mr. Sanders. The administration has requested 34,000; okay, Mr. Chairman, I would just note for the record that Mr. Liu has told me something that I did not know, that he says that the administration has requested 34,000 new Section 8 vouchers, which the Congress did not---- Mr. Liu. This was in 2003. Mr. Sanders. This was in 2003. Mr. Chairman, if I could, Mr. Liu made that presentation. I do not know; I am assuming it is accurate. We would hope that you would; is that accurate? Chairman Ney. I am told it is accurate. Mr. Sanders. I would hope that you would use your influence or have the chairman of this committee help us with those 34,000 new Section 8 vouchers. The other question that I want to ask, Mr. Liu, is that my understanding; and please correct me if I am wrong here; but the requirement that 75 percent of vouchers go to extremely low-income families could be reduced to as low a number as 55 percent. And the limitation that no vouchers can go to families with incomes over 80 percent of local area median income is modified to permit elderly and disabled families with incomes of over 80 percent of median income to receive assistance. Doesn't this create a situation where some of the lowest income people in our country might be denied Section 8 vouchers, while some upper income people will receive those vouchers? Isn't that a problem? Mr. Liu. Our current program allows for the exceptions for seniors and disabled, as you read there, congressman. The legislation does permit HUD to grant waivers to the States, with justification, to lower the 75 percent requirement down to 55 percent. However, I do point out that we can currently provide waivers for that requirement for housing agencies under the current program. Chairman Ney. The time has expired. Mr. Sanders. One last question? Chairman Ney. Let us move on to Ms. Carson. Mr. Sanders. Okay. Thank you. Chairman Ney. The gentlelady from Indiana? Ms. Carson of Indiana. Yes, sir, thank you very much, Mr. Chairman. I will not take a moment. I was really learning a lot from Congressman Sanders. In Indianapolis, as in St. Louis, we have a major project there that just is not working. Unfortunately, it is not anybody's fault. Designed as a senior citizens complex and because of the rules, they began to integrate everybody into that system; people that were recently released from mental institutions, people that were released from prisons were integrated into this senior citizens complex, and just created havoc. At this point, the Wye Baker Terrace is I think being consumed by HUD. I have been begging HUD for years to let us do something. My question is, when you have to pull back out of a project like that, what do you do? Do you put it on the market for sale? Or do you seek out new management? Mr. Liu. It depends on the program, congresswoman, and I am not specifically up to speed on that site that you mentioned. If it is a troubled public housing site, we can mandate that housing agency to get new management. We can take over the agency. Ms. Carson of Indiana. This is a Section 8 operation. Mr. Liu. If it is a Section 8 complex, we can take over that property; HUD can take over that property to manage it itself, if need be. We can take it over. Is it a multi-family insured---- Ms. Carson of Indiana. It was designed specifically for senior citizens. That was the origin of it, and then it just turned out into---- Mr. Liu. HUD has the power to take over and manage that site. Ms. Carson of Indiana. I think you are going to take it back, but I was wondering; well, we can talk about that later. In your Statement, I was trying to find it right quick, are you integrating both vouchers for Section 8 and homeownership as well into this project? Mr. Liu. We mentioned homeownership because currently for the last year and a half, we have had a homeownership option with our Section 8 program, where qualified Section 8 holders in certain agencies that provide this option can use their voucher to go to the bank, find a home that they can afford and purchase, and that voucher, the monthly voucher value can be used to write-down the monthly mortgage expense for periods of between 10 and 20 years. Ms. Carson of Indiana. Okay. So if I am on Section 8, I can take my Section 8 voucher and replace that with a down payment on a home? Mr. Liu. Not a down payment, but it can help to defray your monthly mortgage costs. It can help underwrite the mortgage. Ms. Carson of Indiana. Okay, question. If I am in a Section 8 qualified unit that is being provided for by Section 8, and I want to buy that unit, I can use that voucher to buy the unit that I am in? Mr. Liu. If the owner wants to sell it to you; if you can come up with an agreement with the owner. Ms. Carson of Indiana. I do not want to belabor the point. I was just trying to understand it. But it does not apply to somebody that is not a current Section 8 recipient. For example, this high rate of unemployment in my district; high rate of foreclosures in my district in Indianapolis remain unabated, and people are losing their homes through no fault of their own. The jobs are vanishing. Mr. Liu. I see. Ms. Carson of Indiana. Could they become instantly eligible for Section 8 to use the money for a mortgage payment? Mr. Liu. No. Ms. Carson of Indiana. It would be a damned good idea. Thank you, Mr. Chairman, I yield back. Chairman Ney. Would you like to ask another question? Ms. Carson of Indiana. I am through. Thank you, Mr. Chairman. I yield back. Thank you very much. Chairman Ney. Ms. Waters? Ms. Waters. No, I suppose that my question was answered in my absence, about the administering of the program. If not, I will talk with you about it at a later date. But let me just say this, even though my chairman is sitting here and he is carrying the bill, this bill is scaring the living daylights out of a lot of people. We do not know what it means. Some of us are afraid that this is the first step toward the dismantlement of HUD, and that worries us an awful lot. And so, we are going to have to fight and oppose the direction of my good friend's legislation. It will be a friendly fight, but it is going to be a tough one. We just do not think that a change of this magnitude is in the best interests of the folks who need the program out there. Chairman Ney. I thank the gentlelady. I would note there are going to be 50 minutes worth of votes, so the chair would note that some members may have additional questions for the panel, which they wish to submit in writing. Without objection, the hearing record will remain open for 30 days for members to submit written questions, and for the witnesses to place their response in the record. The hearing is adjourned. [Whereupon, at 3:50 p.m., the subcommittee was adjourned.] THE SECTION 8 HOUSING ASSISTANCE PROGRAM: PROMOTING DECENT AFFORDABLE HOUSING FOR FAMILIES AND INDIVIDUALS WHO RENT--DAY 2 ---------- Tuesday, June 10, 2003 U.S. House of Representatives, Subcommittee on Housing and Community Opportunity, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to call, at 10:00 a.m., in Room 2128, Rayburn House Office Building, Hon. Robert W. Ney [Chairman of the subcommittee] presiding. Present: Representatives Ney, Green, Bereuter, Miller of California, Hart, Tiberi, Waters, Velazquez, Carson, Lee, Watt, Clay, Miller of North Carolina, Scott, and Davis. Also present was Representatives Ryun and McCotter. Chairman Ney. I want to welcome you. Today the subcommittee holds the second in a series of hearing to examine the Rental Vouchers Program and the various proposals intended to make the program more efficient and cost effective. The Housing Choice Voucher Program is HUD's largest program, both in terms of annual budget authority and units under contract, and it is currently administered by approximately 2,600 State and local agencies. While the costs of the program remains sound, the program has often been criticized for its inefficiency. More than a billion dollars is recaptured from the program every year despite long waiting lists for vouchers in many communities. I think, frankly, that recapture probably is what has stirred this debate. The rising costs of the Section 8 program and some of the administrative concerns have caused many in Congress and the administration to conclude that the program is in need of reform. Last month the administration appeared before this subcommittee to discuss the housing assistance for needy families, or HANF, proposal as outlined in its fiscal year 2002 budget proposal. On May 2, 2003, HUD Assistant Secretary Michael Liu testified that States would be able to make more timely and informed policy funding decisions based on local need and market conditions as compared to administrators in Washington, D.C. These decisions include moving unused funding to heavy demand areas of the State at any given time during the fiscal year and tailoring the program to better address the practices of the local market and needs of the community. Our two panels today, and I want to welcome the panels, consist of tenants, local public housing authorities, the industry groups directly affected by Section 8 programs. I look forward to hearing the different perspectives, and would like to welcome all of our distinguished witnesses as we continue to discuss the ways to improve America's community and strengthen housing opportunities for all of its citizens. I also want to note that I have done a bill by request to the administration to get the whole issue out there for discussion purposes, without a conclusion frankly on my part in either direction. Also it is the goal of the subcommittee, and we have talked with the ranking member, Ms. Waters of California, to have a thorough discussion and debate on this issue and to have hearings not only here in the U.S. Capitol, which we appreciate you all coming the distance that you have, but also take the hearings out to communities both large and small, in varied parts of the United States to also receive input so that more people will be able to attend that hearing process, and our ranking member will be here. Right now I will defer for an opening statement to Mr. Scott of Georgia. [The prepared statement of Hon. Robert W. Ney can be found on page 174 in the appendix.] Mr. Scott. Thank you very much, Chairman Ney. I appreciate this opportunity. Let me commend you for your continuous hard work on this issue, and thank you for holding this important hearing today regarding the Section 8 program and the administration's proposal to change this important program. I also wanted to thank the distinguished panel of witnesses that we have today. Thank you for coming and giving your testimony. First, let me say, Chairman Ney, that I believe that no Federal program should be sacrosanct. From time to time Congress should ask if a particular policy is working and if it can be improved. Now, with that being said, I cannot understand how block granting the Section 8 program will help or improve the current system which provides housing opportunities for needy families. In my State of Georgia, nearly 200,000 low income people are served under the Section 8 program through approximately 200 local housing authorities. These officials understand at the local level the local real estate markets, the local housing issues far better than our good friends, the good folks at the State Capitol. And, finally, I am concerned about the effect that changes to the Section 8 program would have on residents who are moved out of communities as part of the HOPE VI Revitalization Project. Several questions certainly need to be addressed here today, and one of which to housing authorities is this: How would the hypothetical block granting of the Section 8 program affect the overall operation of your housing authority? That to me is the fundamental question we have got to answer today. It just seems to me that this process is working. We have to really answer the question, why these changes, and will our local communities be better impacted for this. I have some serious questions on that, Mr. Chairman, and I look forward to this very interesting discussion this morning. Thank you. Chairman Ney. I want to thank the gentleman from Georgia for his statement, and I will defer now to Mr. Green of Wisconsin. Mr. Green. No opening statement. Chairman Ney. Thank you. Mr. Miller. Mr. Miller of North Carolina. No. Chairman Ney. Mr. Bereuter. Mr. Bereuter. No. Chairman Ney. With that, I also I would like to submit for the record a Statement, without objection, the Statement from the National Association of Realtors and the Institute of Real Estate Management, to the subcommittee. Hearing no objection, it is part of the record. [The following information can be found on page 272 and 276 in the appendix.] Chairman Ney. I would also note to the witnesses there is 5 minutes allotted time. When the clock turns yellow, you have got about a minute left. When it turns red, it will conclude your testimony. But we would also accept, without objection, hearing no objection, all of your written testimony for the record. So the 5 minutes is basically just to summarize, and then it will be open to questions from the Members. On Panel I, I want to welcome Panel I, Terri Ceaser is the first Section 8 voucher tenant appointed to serve on the Board of Directors of the Virginia Housing Development Authority. She is enrolled full time in a Master's program for career and community counseling with an expected graduation date of December 2004. Early congratulations on your graduation. Ms. Telissa Dowling is the President of the Resident Advisory Board of the New Jersey Department of Community Affairs. The board represents 19,000 voucher holders throughout New Jersey. Ms. Dowling also serves as a member of the Board of the National Low Income Coalition. Craig Garrelts has been the Executive Director of the Hocking Metropolitan Housing Authority--great county I would note in the State of Ohio, and a great district in the 18th-- for over 19 years. He received the 1997 National Award of Merit and Program Innovation in Affordable Housing from the National Leased Housing Association, on whose behalf he is appearing today. Also, Secretary Martinez recently paid us a visit down to Hocking County. Andrew Showe, Vice President of Showe Management Corporation based in Columbus, Ohio, where he works with 60 projects in a Section 8 program. He is an Ohio licensed real estate broker and a certified assisted housing manager. He also serves on the Board of the Ohio Apartment Association. Barbara Thompson is the Executive Director of the National Council of State Housing Agencies. I want to welcome all of the people here to testify today. Appreciate you coming to the United States Capitol. We will begin with Ms. Ceaser. STATEMENT OF TERRI CEASER, TENANT, HOPEWELL, VIRGINIA Ms. Ceaser. Chairman Ney, Ranking Member Waters, other members of the subcommittee. I am Terri Ceaser, and I live in Prince George County, Virginia. Thank you for your invitation to address you this morning. I am here today as a Section 8 tenant, not representing an organization or agency. I have had the good fortune to be a recipient of the Section 8 voucher issued by Prince George County Housing Authority since 1994. I was first approved for a voucher and was placed on a waiting list for a voucher in 1990. I had separated from my husband and was employed as a secretary at Prince George High School. I was not receiving any child support and did not earn enough money to afford rents on decent housing. We lived in a house that was too small, in poor condition, exposed electrical wiring, dangling pipes and an unsafe porch. When my name came up to the top of the list and I was issued a housing voucher, I was able to move my children to a decent, affordable home in a safe neighborhood. This is the home at which I have raised my children. My oldest graduated from college this May. My middle child has finished his second year in college, and my youngest is in high school now. Not only are my children busy with their studies, but I am also hitting the books. I just completed a lifelong dream of obtaining a Bachelor's Degree, and am enrolled full time in a Master's program preparing myself for a career in community counseling. I will complete graduate school in December 2004. While still in undergraduate school, I did a class project on the Section 8 housing voucher. Mrs. Hampton Wade, the Director of the Prince George Housing Authority was very helpful with this program. Sometime after I had completed my project, Ms. Wade recommended me for the position on the Virginia Housing Development Authority Board of Commissioners. I was honored to be chosen by Governor Warner to serve. My family's story is an example of the success of the Section 8 voucher program, but I did not want to give the impression that our life has been easy. Completing my education and making sure that my children do well in school requires choices and sacrifices. We must adhere to a very strict budget with no cushion, but the sacrifice is worth what we will achieve. Section 8 has afforded me the opportunity to provide my family with a stable and safe environment. So I consider this a hand up, not a handout. I face each day with the determination to succeed, to improve my life and to continue to make a better life for my children. Section 8 continues to make this possible, because decent affordable housing in a decent neighborhood is available. Knowing that I do not have to make a choice between feeding my family and paying rent is a tremendous weight that I bypass, all because of Section 8. I am not an expert on Federal housing policy, but I am expert on my family and my community. As such, I have very deep concerns about HUD's proposal to take the Federal Section 8 housing program that has a proven track record of success and currently helps 2 million families and turn it over to States that may not be able to do as well, much less even want to administer the program. Under the program's current structure, the Prince George Housing Authority administers 175 vouchers and has 100 percent utilization rate since 1989. The Prince George Housing Authority has never turned back any voucher funds. Further, there are 110 families on the waiting list in Prince George. We do not need to dismantle our program and start over. What we need is more vouchers. I want to call attention to three problems that I see in the HANF proposal. The first idea is that the housing voucher program needs to be to changed so it will be more like the welfare program TANF. This seems to be based on the mistaken notion that most people who receive Section 8 vouchers are also on TANF. In fact, the income of most households that rely on vouchers to be able to afford housing comes from employment, pensions or disability income. Other concerns is one that will not affect me directly since the Governor has already made a commitment to ensuring tenant representation on the State board. But some governors may not be interested in the perspective of tenants and may do away with the current requirement as far as Section 8. My single largest worry is that there is no assurance that the program will continue to be funded at a level that will keep up with rising housing costs. The point of the Section 8 housing voucher program is to make sure that low income housing people can afford to live in a decent house. If you approve this proposal, Section 8 vouchers could end up with their current homes being unaffordable and having to move to poor quality housing in unsafe neighborhoods, causing disruption in jobs and schooling. I hope that each of you will take a careful look at this proposal and what it could do to our community. Once you do this, I am sure you will agree that this is a bad idea. Thank you for the opportunity to share my thoughts. [The prepared statement of Terri Ceaser can be found on page 179 in the appendix.] Chairman Ney. I want to thank you. Next witness. STATEMENT OF TELISSA DOWLING, PRESIDENT, RESIDENT ADVISORY BOARD, NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS Ms. Dowling. Good morning, Chairman Ney, Ranking Member Waters and members of the subcommittee. I am very honored to testify about the Section 8 program. I am testifying today on my own behalf. I will not be telling you that the voucher program is perfect, but I know from personal experience how the voucher program can help low income people find stable housing and better their lives. I first received a voucher in 1996 from the New Jersey Department of Community Affairs through its transitional housing program. I now reside in Guttenberg, where both my daughter and I were able to improve our educational opportunities. My daughter is 14 years old now and is already talking about going to college. When I first received my voucher, I was on public assistance and homeless. But within a year I was able to leave the welfare program with the help of the Section 8. It gave my life the stability I needed to be able to attend school, and my studies helped my community work service at the Public Housing Authority into a job. So I was able to leave welfare. I received my associate's degree in public policy and urban studies in 2000. I recently became a program manager of a housing resource center. Without a voucher I would not have been able to get my degree. I might not have a job, and my daughter and I would still be homeless. My studies also gave me the knowledge and confidence to participate as a tenant. When the New Jersey Department of Community Affairs announced the formation of a resident advisory board as required by the Quality Housing and Work Responsibility Act of 1998, I understood that this would be the opportunity for me to provide input. I was elected as President of my RAB in 2001 and serve now on behalf of 19,000 voucher holders. I now serve on the boards of the National Low Income Housing Coalition and ENPHRONT, a national public housing residents' organization. From my experience the proposal to change the voucher program into a block grant to the States is a bad idea, to say the least. First, I do not want States to have that kind of flexibility that the block grant proposal will allow. I know that it is important to hold on to rules that the Federal Government has established so that taxpayers and Congress will know that the money is being used well to help those most in need. Turning the program into a block grant would give States so much flexibility that it will be detrimental to the very people that the Federal housing assistance is supposed to help. Another problem with the block grant is its effects on the opportunity for tenants to provide input. Under the block grant, States would not be required to have a resident advisory board. My State has obviously done the right thing already, but other States may not be as enlightened as mine. I also do not believe that having States administer both TANF and the block grant will guarantee good coordination. Additionally, only approximately 13 percent of the people receiving vouchers are even on welfare. One program that helps voucher tenants improve their economic circumstances is the Family Self-Sufficiency Program. FSS provides subsidized savings in case management for voucher tenants seeking better employment opportunities. But States will not be required to continue this program under the block grant. My experience has shown me that the poorest people have the most trouble affording housing, but the block grant would allow States to reduce the percentage of extremely low income people admitted to the program from the current 75 percent to 55 percent. It is also very important to me and other voucher holders that we do not have to pay too much of our limited income in rent. But the block grant would change the general rent standards, and tenants could be required or would be required to pay significantly more than 30 percent of their income for rent. Another problem is whether tenant based rental assistance under the block grant would be able to help people live in better neighborhoods. The subsidy that the States would pay might not be enough to let tenants live in neighborhoods that have better housing, schools, and job opportunities. My biggest worry is that the funding of the block grant will not keep up with the need over time, and that could cause States with even good intentions to have to make changes that would hurt tenants in the program. The block grant will divorce Congress from direct responsibility for individual vouchers, making it easier for Congress to avoid keeping up with the real increases in housing costs. For all of these reasons, I respectfully and strongly recommend that Congress continue the current system of allocating specific numbers of vouchers to local and State housing agencies under the general framework that exists today. There are some ways to improve the voucher program without turning it into a block grant, and I testified about some of these improvements last year. I hope that you will consider improvements to the program that are not as radical, risky and insensitive as the block grant. Thank you. [The prepared statement of Telissa Dowling can be found on page 183 in the appendix.] Chairman Ney. I want to thank you. Next, Mr. Garrelts. STATEMENT OF CRAIG A. GARRELTS, EXECUTIVE DIRECTOR, HOCKING METROPOLITAN HOUSING AUTHORITY, LOGAN, OHIO, ON BEHALF OF THE NATIONAL LEASED HOUSING ASSOCIATION Mr. Garrelts. Mr. Chairman, and the members of the subcommittee, my name is Craig Garrelts. I am the Executive Director of Hocking Metropolitan Housing located in Logan, Ohio. I am representing the National Leased Housing Association, whose members include owners, managers of Section 8 housing, as well as public housing agencies that administer the Section 8 voucher program. We appreciate the opportunity to testify on H.R. 1841, the administration's block grant, or HANF program, which is proposed as a replacement for the Section 8 voucher program. We urge the subcommittee to reject this proposal. It is a rash proposal, advanced under the guise of reform, that can damage a form of housing assistance that has had decades of bipartisan support. The Section 8 subsidy has been a powerful and versatile tool for almost 30 years. It can serve the very poorest who need substantial help, to helping those who only need shallow assistance to live in affordable and decent housing. Among its specialized functions, Section 8 has been used to replace older forms of subsidies that are less flexible, and in the process has preserved older projects and improved affordability for tenants. All told, over 1.9 million families receive rental assistance from the Section 8 certificate program. The Section 8 program has been the most successful housing assistance program of any housing program at any time. The major problem we have with the program is we just don't have enough of it. Recently, it became quite a common complaint that not all of the funds appropriated each year have been used. Until this year, appropriations were sized based on an assumption that every authorized voucher would be used for a full 12 months. No one expected this to occur, and the funds were routinely recaptured and rescinded. The recisions reduced the cost of each year's appropriations to the amount actually used for the program. So there was no ongoing adverse fiscal impact from this method of calculating appropriations. When a problem did arise it was the result of disagreements with the appropriation committees and taking the recisions to offset nonhousing appropriations. For fiscal year 2003, and presumably beyond, the appropriators have taken actions to minimize recaptures, and therefore the potential loss to housing programs of the Section 8 recisions being allocated for other uses. But today we are more interested not in the recaptures or the recisions, but trying to help as many families as possible use the authorized level of vouchers assigned to each community. Here, action by the voucher administrator and HUD has steadily improved utilization rates. Industry groups and HUD have encouraged administrators, primarily local housing authorities, to take aggressive steps to increase leasing rates. National utilization rates have risen from 91 percent 2 years ago to 95.3 percent as of this January. We look forward to improving upon this in the future. By no means is this current program a failure. However, we believe the proposed HANF program, if enacted, would be a failure. HUD says the Section 8 program has grown too complex and that by block granting the program to the States it would be simpler. On the contrary, if this proposal is enacted, the current Section 8 program would remain the major program for several years, with all of the so-called complexity. And one or two additional programs with different rules would coexist with the program. How would this be simpler? To illustrate, all tenant-based voucher holders would be grandfathered for 5 years under the terms and conditions of the Section 8 program. Holders of project based vouchers and those receiving home ownership assistance would be grandfathered for 10 or more years under the old rules. Assuming 1.9 million families are grandfathered and the annual turnover rate is 10 percent, at the end of the first year 1.71 million voucher holders would still be covered under the current system, while 190,000 vouchers would be turned over to the States for the block grant program. At the end of year 5 we would still have 1.1 million vouchers under the current program, and about 800,000 that have gone over to the block grant program. HUD complains that the Section 8 program requires it to deal with a large number of local public housing agencies. These are the local hands on administrators who, among their many duties, screen and select tenants, check their incomes, find a deal with landlords who agree to participate in the program. They inspect the unit for housing quality standards and lead-based paint requirements, determine maximum subsidies within the HUD established parameters, and select and negotiate with owners who wish to participate in the project-based program. The Section 8 program as it currently exists requires that public housing authorities be the administrators. The language of H.R. 1841 would result in the continuation of this administrative structure for the grandfather vouchers, with the exception that an additional layer with associated costs would be added. The movement of funds from HUD to the State to a new administrator and then the landlords would extend the process. We are then more really worried what is going to happen to the families. Mr. Green. [Presiding.] Mr. Garrelts, if you could summarize your testimony. The red light has gone on. We will, of course, be reading your full written testimony as well. Mr. Garrelts. Our final concern is with the families, because the change within the program, changing from the basic rent of 30 percent of adjusted income to 30 percent of gross income would have a tremendous impact upon the individual families. And an example cited in our testimony, the net result would be a 25 percent increase in rent to the families. We are also concerned about making sure that we have landlords participate in the program. Mr. Green. Mr. Garrelts, I need you to wind your testimony up. We have other witnesses we need to get to as well. Mr. Garrelts. Thank you. On behalf of National Leased Housing, we appreciate the opportunity to testify today. [The prepared statement of Craig A. Garrelts can be found on page 198 in the appendix.] Mr. Green. Great. Thank you. I apologize for having to cut you off. Before I turn to Mr. Showe, I would like to turn to the ranking member of the subcommittee, Ms. Waters, for her opening statement at this time. Ms. Waters. Thank you very much, Mr. Chairman. I appreciate the opportunity to get my statement on the record. I do know that you want to move on with the testimony. However, it is important that as we move into this very, very difficult area and address the proposal of the administration that everyone is clear on how we stand on this. The housing choice voucher, commonly referred to as Section 8, named after the section of the U.S. Housing Act that authorized it, is the largest Federal low income housing assistance program. The Section 8 voucher program currently serves about 2 million families at an annual cost of over $12 billion. Some 2,600 housing agencies, mostly local, administer the program. H.R. 1841, the Housing Assistance to Needy Families legislation, would convert the Section 8 voucher program to a block grant, transferring its administration to the 50 States, and giving them discretion over allocation of funds, directly or indirectly. Section 8 supports over 4 million apartments. Roughly 1 in 7 renters nationwide benefit from some form of Section 8 assistance. Of the 4 million Section 8 households, about 35 percent, or 1.4 million, have portable vouchers. The HANF proposal would fundamentally change the Federal funding system for tenant based housing assistance, from one based on actual cost to a block grant that simply distributes Federal appropriations among States. With the passage of HUD's funding year 2003 budget, block granting the program to States for this reason is unnecessary as the problem of under utilized vouchers has already been addressed. If funding levels fall behind the program's needs, as likely will occur, States will either have to contribute their own funds to the program or reduce assistance to low income families and elderly and disabled individuals. A National Association of Redevelopment Officials report shows States would face a 1.1 billion to 1.8 billion in costs to close the funding gap created by the administration's block grant proposal. California represents a large component of the Section 8 program, with 14 percent of the Nation's vouchers and 16 percent of the Nation's leased vouchers. I am concerned that assistance to families currently participating in California's Section 8 programs would be jeopardized under the new proposal. Under the current Section 8 Housing Choice Voucher Program in California, the average per family rental assistance cost per year is approximately $8,364. The funding shortfall for California to cover 87,018 low income families is at $8,364 per family, and for over a 5-year period would equal $727,878,552. My question to this administration is, what happens to working families who cannot afford decent apartments under this proposal if States implement a time limit? Only 20 percent of housing choice voucher holders receive welfare benefits. The other 80 percent rely on earned income, pensions or disability income. The need for housing assistance is driven by local housing market conditions and rental housing cost inflation. So using the TANF model is inappropriate. The uncertainty of block grant funding could have a greater impact on the use of vouchers to support home ownership. Vouchers can only be used to support home mortgages to the extent that mortgage lenders are confident that funding will continue to be available for the length of the mortgage. Again, I do not believe that a block grant to the States is the best way to realize improvements in Section 8 program, and we need to continue this dialogue to find solutions that work. I thank you for the opportunity to put that on the record, Mr. Chairman. I will yield back the balance of my time. Mr. Green. I thank the gentlelady for her opening statement. And we would turn to Mr. Showe to resume testimony from the panel. STATEMENT OF ANDREW SHOWE, VICE PRESIDENT, SHOWE MANAGEMENT CORPORATION, COLUMBUS, OHIO, ON BEHALF OF THE NATIONAL MULTI HOUSING COUNCIL, NATIONAL APARTMENT ASSOCIATION, AND COLUMBUS APARTMENT ASSOCIATION Mr. Showe. Thank you, Mr. Chairman, Ranking Member Waters and distinguished members of the subcommittee. My name is Andrew Showe. I am Vice President of Showe Management Corporation, past President of the Columbus Apartment Association, and current member of the board of Ohio Apartment Associations, and a member of the National Apartment Association. I am also a member of the National Multi Housing Council, a national association representing the Nation's larger and most prominent apartment firms, and NMHC operates a joint legislative program with the NAA, an industry group representing over 30,000 apartment executives and professionals. It is my pleasure to testify today on behalf of both organizations. NMHC and NAA commend you, Chairman Ney, for your leadership, and we thank the members of the subcommittee for your valuable work in addressing affordable rental housing in America. We also commend the U.S. Department of Housing and Urban Development Secretary, Mel Martinez, and the administration for their interest in improving the Section 8 Housing Choice Voucher Program. We too believe it is critical to meet the housing needs of low and moderate income families and believe that improving the Section 8 program is a central part of meeting these needs. However, we urge Congress and HUD to enact reforms to the existing Section 8 program that will encourage apartment owner participation and in turn increase housing availability to voucher holders. Although it is well intentioned, we think HANF will not reduce the administrative costs to participating property owners and will not maximize program benefits for residents. Instead, the proposed legislation could create new obstacles to apartment owner participation without alleviating existing burdens. The net result can be fewer available apartments for voucher residents. We wholeheartedly support the Section 8 program as a means for private housing owners to provide affordable rental housing for families who need it. We believe that more apartment owners would participate if the cost of renting to voucher residents were more comparable to the costs of serving unsubsidized residents. We propose the following recommendations to achieve this goal. First, we urge continued funding for the existing program structure administered by HUD. Historically many criticized the Section 8 appropriation structure because too much funding remained unused each year. Effective this year, Congress enacted changes to minimize recaptures, and, moreover, national utilization rates have risen to nearly 96 percent. We believe that the existing successful appropriations structure should be supported, and we have considerable concerns about a proposed State level funding structure in HANF. Next, we propose speeding up the move-in process by amending the inspection procedures. We propose allowing PHAs to conduct unit inspections within 60 days after the resident moves in. PHAs could also conduct building-wide rather than unit by unit inspections in certain cases, and rely upon recent inspections. Alternatively, PHAs initially could inspect a representative sample of units in order to certify that the building and communities are eligible. This would reward well managed properties and allow PHAs to focus their scarce resources elsewhere. The apartment industry relies on seamless turnover, and delays caused by unit by unit inspections deter participation. As proposed, Section 11 of the bill would extend the existing inspection requirement to HANF, and do nothing to fix the lost revenue problem. Finally, we urge HUD to enact a more efficient process for PHAs to apply for higher fair market rents that are more reflective of submarket rents. We also propose program changes that will allow PHAs to raise the payment standard to 120 percent of FMR without HUD approval and afford PHAs an increased flexibility to request higher payment standards when necessary. FMRs must be set high enough to encourage owners' participation, and in turn create a sufficient supply of apartments and choices for voucher holders. We thank HUD for raising the current FMR level to the 50th percentile in 39 high cost areas, but that level is insufficient in areas with outdated FMRs and in certain high cost submarkets. In many areas of my home State of Ohio, FMRs have not been updated in years and are well below market rent in both high cost and moderately priced areas. In summary, we believe that the existing Section 8 program with improvements I have just noted will make affordable housing more affordable to more Americans. Thank you. [The prepared statement of Andrew Showe can be found on page 260 in the appendix.] Mr. Green. Thank you for your testimony. Ms. Thompson, welcome. STATEMENT OF BARBARA J. THOMPSON, EXECUTIVE DIRECTOR, NATIONAL COUNCIL OF STATE HOUSING AGENCIES Ms. Thompson. Thank you, Representative Green, Ranking Member Waters, and members of the subcommittee. Thank you for the opportunity to testify on the administration's proposal to block grant Section 8 voucher funding to the States. I am Barbara Thompson, Executive Director of the National Council of State Housing Agencies. Mr. Chairman, NNCSHA is grateful to Chairman Ney for stepping forward in defense of the low income housing tax credit when it was threatened by the administration's dividend tax relief proposal. Thanks to his intervention and that of Representative Frank and many other members of this subcommittee, housing credit apartment production is protected under the recently enacted tax bill. Now, we ask your help in enacting the Housing Bond and Credit Modernization and Fairness Bill, H.R. 284. This bill repeals the MRB 10-year rule, updates MRB purchase price limits, and makes housing credit development viable in very low income communities. We thank the Chairman and the 20 other members of this subcommittee who have cosponsored H.R. 284. If you have not cosponsored this legislation, we urge you to join the 253 House Members who have and urge your House leaders to enact it in tax bill this year. NNCSHA also is grateful to Chairman Ney for introducing the Housing Assistance for Needy Families Act. NNCSHA neither supports nor opposes this legislation, but we believe it deserves Congress' full consideration. NNCSHA supports a voucher block grant in concept. However, we have taken a neutral stance on the administration's plan because of our serious concerns about the adequacy of the program funding and flexibility it proposes. Section 8 vouchers are one of our most important affordable housing tools, but the voucher program is not meeting its potential. Its complex rules and regulations block innovation, drive up costs, discourage private sector involvement, and confuse customers and administrators. The decentralization of funding to more than 2,500 PHAs complicates program administration, increases costs, prevents maximum utilization of funds and frustrates regional and statewide housing strategies. If implemented with sufficient funding and flexibility, HANF could resolve many of the current program's problems and create new opportunities for voucher use. States have the capacity to administer the voucher program. States possess a multi-decade record of responsibility, effectiveness, and accountability in administering tens of billions of dollars in housing assistance. They possess statewide sophisticated financial asset management and administrative oversight capability. Many States already administer Section 8. States are uniquely positioned to administer Federal housing resources. They understand local housing needs and markets, while bringing a State and regional perspective to problems that cannot be solved within municipal boundaries. States can ensure housing funding is applied where it is most needed and integrated with other public investments in their communities. Moreover, States have the ability to bring together State agencies and resources. State agencies are partners, for example, with welfare agencies to coordinate TANF funds with housing assistance. The voucher program, adequately funded and rationally regulated, would benefit from State administration. States' knowledge of local housing markets, access to other housing and nonhousing resources, ability to respond to changing local circumstances and prioritizing needs across States would overcome many of the voucher program's current limitations. Federal oversight would be more efficiently concentrated on 50 entities. However, HANF must not be an underfunded mandate. We urge Congress to safeguard vouchers and the low income families who depend on them by authorizing mandatory voucher spending in an amount at least adequate to finance all currently authorized vouchers. Authorizing legislation must also specify that funds would be adjusted annually to cover cost increases. To work HANF must be a flexible program. It must be free from unnecessary and burdensome Federal requirements. HUD regulation must be limited to that necessary to assure nondiscrimination and accountability for the use of funds to achieve goals Congress sets. Performance standards must not compel States to respond to Federal priorities rather than their own. In conclusion, exploring ways to improve the Section 8 voucher program is timely and appropriate. A block grant to the States merits Congress' examination and NNCSHA is available to assist you in that effort. Thank you. [The prepared statement of Barbara Thompson can be found on page 265 in the appendix.] Mr. Green. And thank you, and thank all of the members for their testimony. I will begin with questions. Ms. Thompson, you indicated that your organization supports voucherizing in concept, but you were neutral on this particular proposal. What would your organization support? What is it that you would like to see in a voucher program that you would support? Ms. Thompson. We believe this proposal, the idea of block granting the voucher program at least deserves a serious look. We feel, however, that this proposal, the administration's proposal, fails to do two essential things: One, to assure States that they would have adequate funding. We share the concerns of all of the panelists here that what the administration has proposed would not protect States from funding cuts over time, and that is unacceptable. In addition, it does not give States the flexibility they would truly need to achieve the efficiencies that the administration believes a voucher block grant would achieve. So we would need to see guaranteed funding, mandatory spending, which has been done under other programs like the TANF program, for example. States would need to know from year to year that they were going to get sufficient funds, not only to provide for the families who currently receive them, but to cover increased costs over time. And, frankly, we would like to see new voucher program money in this program. No new vouchers have been appropriated by Congress for several years, yet only one in four families qualified to receive voucher help gets it. So our view is let's fund the program, not only at a level that will cover families who currently receive the assistance, but let's grow this program to meet the need. Mr. Green. So to summarize, you are looking for more money and more flexibility? Ms. Thompson. Lots more money and lots more flexibility. Mr. Green. You added the lots into that. What I would invite you to do is take a look at the specifics of the proposal from the administration, and if you could supply to us some written suggestions and language suggestions, I think that would be useful as we go through this process. Ms. Thompson. I would be pleased to do that. Mr. Green. Thank you. Mr. Garrelts, what recommendations would you have with respect to the current program that would make it more effective, more cost effective and more efficient in its administration? Mr. Garrelts. Well, the current program, the housing authorities are the primary administrators, and we are the local--being the local administrators, we have to work day to day with the landlords and the tenants. There is a basic cost there to the program that can't be avoided. We do have the management of the actual case for each individual client.We do have to do all of the contracts with the landlords. We have the requirements to maintain updated computer systems that communicate data to the Federal Government. Our basic program, especially in my area, which is a very rural area, there is not a whole lot of fat in the program to be done. There is a discussion within the HANF program to reduce the number of inspections, and I understand that landlords may like that but our experience has been that we especially work with a lot of mom and pop type landlords. And if they can avoid repairs, they will do so. But our annual inspections assure that those properties are maintained. That is a cost to the program, but we need to continue forward for doing annual inspections of those units if we want to keep good housing stock. So the basics of the program, at least at the local level, there is not a whole lot of fat to be cut out. Mr. Green. I am not necessarily suggesting that cutting fat is what we are looking at as much as making the program operate more smoothly. Is it your testimony that we can't enact reforms that make it operate more efficiently and more cost effectively? Mr. Garrelts. If we would allow, again at the local level, the individual communities to address the variances in the markets at the local level with some HUD oversight for doing variances for, as was mentioned about fair market rents, that is an issue. In my case we have experienced a very tight market where we have an inadequate supply of housing, allowing us to adjust our fair market rents high enough to generate new construction because we are not--I will use our example--in the last 10 years we had an 11 percent growth of our population. During that period of time, that amounted to 1,100 families added to our community. During that period of time we only had 47 new apartments built. The fair market rent in our area was not high enough to generate enough interest from local developers to build any more rental housing. Then we throw in the overall economic status of our community is that 48 percent of our county are eligible for the program. Now, that is very typical in rural areas, is that we have--our median income is low. We do not have a lot of job opportunities available. Therefore, the rent burden is very high for families. So the flexibility needs to be at the local level so we can adjust, either by increasing our fair market rents so that new development can occur, or reducing it if we have plenty of housing stock available, reducing the fair market rent in order to fill the vacancies that exist. Mr. Green. Thank you. Ranking Member Waters, questions? Ms. Waters. Thank you very much, Mr. Chairman. How many panelists can tell me what their waiting lists are for Section 8 in that area? Do you have any idea? Ms. Dowling. Good morning. I can give you an approximate number. Because we are a Statewide agency, we have roughly about at least 8- to 9,000 in different areas throughout the State. We roughly, I would say, have a good 17,000 on the waiting list as a total throughout the whole State. Ms. Waters. That is what State? Ms. Dowling. New Jersey. Ms. Ceaser. Yes, ma'am. As far as Prince George County, Virginia is concerned, right now there are 110 families that we have on our waiting list. Ms. Waters. 110 families? Ms. Ceaser. Yes, ma'am. Mr. Garrelts. In our community, because of the very tight market condition, when I say we have no waiting list it is a little misleading, is because we are issuing vouchers upon demand when people walk in the front door. We have a hundred families every month searching for units. That is how we are able to maintain our hundred percent utilization, that although we are not maintaining a waiting list, that is because we put every one on the street to search. Ms. Waters. Thank you. Ms. Thompson, do you have any information about waiting lists for Section 8 vouchers? Ms. Thompson. No specific information on specific States. I can tell you we constantly hear there is simply not enough assistance to meet the needs of families eligible for it. That is why we think it is so important to get beyond this discussion of simply maintaining funding for the current families served. Why aren't we also talking about trying to meet the needs of the many families who are not served? Ms. Waters. How many of you believe that if this is block granted that your well-funded States with all of their balanced budgets are going to reduce the number of folks waiting for Section 8? How many believe that? Okay. Just to add to what you think, the State of California, we have a $350 billion deficit. Not only can we not take care of the many services, many of those services we have done well with over the years, I believe that that legislature would be looking to cut, reduce, do whatever they could to get that budget down. So I would not--so I certainly would not want this to be block granted to my State. Ms. Thompson. I would agree with that concern. And California, as you know, Congresswoman, is not the only State. Many States are facing very severe budget deficits. So we share your concern. Many, many States confront that. That is why we feel it is so essential, and we could only support something like this if the funding was truly mandatory, funding that was guaranteed to flow from the Federal Government to the States in a sufficient amount to cover the needs of families in the program, new families getting into the program, and to cover increased costs over time. Otherwise, you are absolutely correct. The States could never assume this. They cannot pay for this program. This would only work if the Federal Government continues to support it adequately, just administer it through the States. So we agree with you. That is one of the major reasons, Congresswoman, we have not endorsed this proposal. Ms. Waters. Well, I want you to oppose it because--for everything that you have said. I understand you are wanting to have a debate, but you know, I am afraid that this administration is trying to literally get rid of too many programs that the people really rely on and that the States--we cannot count on the States to really continue these programs and administer these programs. In some cases, even through maybe not Section 8, but Head Start and others, they would actually siphon off the dollars from these programs to help reduce those deficits. I was reminded from a Californian I said 350. But it is $38 billion rather than 350. Ms. Velazquez. 350 was the tax cut. Ms. Waters. Mr. Chairman, just one more thing. Everybody that I have listened to, and I haven't heard everyone, talked about the fact that the vouchers are not keeping up with the real market rates out there, and I suspect that is true. Again, you know, California is off the scale. I mean, the rents have just exploded. The cost of housing is just off the scale. So unless we increase the value of these vouchers, I don't know how apartment owners are going to make it. I think it is very important for everyone to continue to say that. It doesn't matter whether they remain with the Federal Government or, God forbid, if it you know transferred to the State, the fact of the matter is we need to increase the value of those vouchers. Does everyone agree on that? Mr. Miller of California. [Presiding.] The gentlelady's time has expired. Thank you. Ms. Thompson, you commented that you expected a guarantee from the administration, and that is very difficult because that is our responsibility. We can set a program up but it has to be funded through the appropriators, and an example would be the Buyer Down Payment Assistance Program. We enacted a program, but it has never been appropriated, so we have never been able to benefit from this program. Looking at the things that were mentioned, I mean the concern about the program, the shortages, I know, Ms. Waters, when we had a hearing last year, Los Angeles County came forward and said their vacancy factor was 3 percent, which meant that they were a hundred percent occupied. The conclusion I drew at that point was you have got X amount of vouchers chasing a limited amount of units. And Barney Frank and I introduced a bill, H.R. 1985, which increases the FHA loan limits for multifamily, hoping in some way to move people into a place they own. And I think I like the Down Payment Assistance Program, the concept of taking a person who is reliant upon renting a unit and knowing that their rents continue to increase--as you stated, they have in the marketplace year after year--if we can give those people a voucher and let them buy a home, then their rents are capped at a certain limit until they own that unit. That is how I think you create more Section 8 housing out there, if you can get people to a situation, whether we do it with FHA limits, and we can help them with vouchers through the HUD program to go out and buy their own home, that they can take pride in and say this is mine until I die and leave it to my kids. But it gets them off the system, because if you look at a person who is relegated to Section 8 for 5 years or 10 years, you look at what they were paying originally, and 10 years later you look at what they are paying in rent. The concept of having that person's rent remain consistent from the day they buy it, that is really interesting to me, to be able to get somebody in a home. I was a developer for years. It is tough, and you talked about building units. The problem we have in many communities, I have seen, I know so many developers who try to do it, when they go a community and they say they want to build Section 8 housing there is an outcry from the neighbors in many cases. Yet when you have communities that would accept them, there is generally no vacant land. We passed a bill out of this committee on brownfields, allowing the local communities to take these polluted sites, to clean them up and we can build affordable housing within communities who want them and need them. But it appears to be a circle conversation here that we are trying to put people in units that just aren't available. But I would like to hear your opinion on the vouchers for people getting in new homes, be able to buy them. Ms. Dowling. The only reason I say that is because this bill doesn't even mention anything about the Section 8 home ownership component at all. That was my question. What happens to that? Because last year we came and we spoke about that. How do we improve it? And now we have got people actually doing what they need to do as far as paying, cleaning up their credit reports, getting into schools, and because we are under the impression that we are going to take the Section 8 voucher and now become a home owner. We understand that it was for 15 years, but at least my mortgage would be paid. Now that is even taken off the table. Mr. Miller of California. I hope the appropriations committee funds that this year. I think it is an extremely important program to get people into a home that they own. I am on the advisory board for a group called Hart, it is a nonprofit. They put about 50,000 families, first time home owners, into homes. It is 100 percent private dollars. They give them the down payment to help them get in the home. Ms. Dowling. You know, God forbid if you block grant this program, I can't get a mortgage from anywhere if they don't know if my funding is going to be paid the following year. So now you take my dream back from me. Mr. Miller of California. I have to back up to what Ms. Waters said. There are some States I wouldn't mind block granting, but it would scare me to death in California today. We have some funding in the Federal programs for seniors as an example that the last 2 years didn't get passed through, because they didn't have a budget on time, they get capped basically for cash flow purposes for the State. When the State finally passed a budget, some of these dollars tended to disappear, and that bothers me. But you know when we are looking at a program that almost 10 percent is eaten up in administrative costs, that bothers me. That is a concern, because that seems like an excessive amount. And, yes, I know there is some people who own units need a little oversight. But I don't believe everybody is a bad renter. There is not everybody out there who owns units that when they get a call from their tenant will not acknowledge that there is a problem and fix it. Ms. Dowling. But that is only being done because tenants are not allowed to be at the table, because you cannot tell me--in my area, that is what helped me a lot in the State of New Jersey. I am very fortunate because we have a State law that protects our Section 8 voucher holders where people can't discriminate if they are renting to them. But our biggest thing was getting the word out to the residents. We had so many vouchers, and we need to hit the street to utilize these vouchers or the Federal Government is going to take the money back. And we went up from 78 percent utilization to 98 percent overnight. And that---- Mr. Miller of California. My time has expired. Ms. Dowling. I was so excited about the fact that we had the law that gave us the opportunity to be at the table, and I think that is why we don't need to block grant this program. We just need to go back to what we put on the table. We worked 2 years to put some very good suggestions on the table about the Section 8 program and all of the changes that have occurred, and we never even got the opportunity to see one of those changes implemented, and now you just want to do away with the program. Mr. Miller. Thank you. Mr. Scott from Georgia. Mr. Scott. Thank you very much, Mr. Chairman. I appreciate this. This is just a terrible, terrible idea, and it is my hope that we will not move forward with this effort. Mr. Scott. I served for, well, over 20-some years in the State legislature as Chairman of the Rules Committee and on the Budget Committee, and I can assure you that Ms. Waters is absolutely right, States will use this money any way they can, for anything other than for block granting. States are not equipped to handle this. We do not even have a Housing Department in the State of Georgia. Taking it and moving it away from the local communities is not the right thing to do. There are just so many areas; it reduces assistance to low- income, it weakens the low-income protections, it curtails tenant protections. It is just a bad, bad, bad piece of business. I certainly am sympathetic to your concerns, Ms. Thompson. I am glad to see that you are at least neutral on this issue. But I would say that the major argument of HUD, in terms of having to deal with 2,600 more entities, is really flimsy. That is what they are there for. They are a Federal agency. They are equipped to handle. They handle hundreds of thousands of contacts with other folks, 13,000 subcontractors with Section 8 already, nearly 4,000 public housing units. And just to say that they are having difficulty with another 2,600 is sort of superfluous. Let me ask a couple of questions for the local housing, if you could just give me very briefly what changes, hypothetically, would be in place if we were to go forward with this. I think it is important for you to get on the record what impact that would have on these local housing authorities if such a thing would go forward. Mr. Garrelts. Well, I think one of the things that may occur is there is no mandate to the States to distribute the funding in the manner in which we are currently receiving it. So in our case, in Ohio, and probably in Georgia, where you have many rural housing authorities serving small populations, we may end up in a competitive process in order to retain the housing resources we have within our State. I have already had discussions with my peers in Ohio that if that opportunity was available, the larger cities would go after every dollar they could to bring into the cities, which after all is where a larger population center is, and they would like to take all the dollars into their coffers. So that would certainly have an impact upon the rural housing authorities throughout the country if the State would allow that type of process to occur. I think that is certainly a concern that we would have from a small housing authority. Ms. Dowling. But also, with this new bill, if you block grant it, it goes from helping 75 percent of the extremely low- income people to only 55 percent. And then if you block grant it, that means the housing authorities are now going to look for people that are making well above the extremely low-income people to actually bring them on board to help offset that voucher. Because once you give them the vouchers, what the State will do locally is set. If a voucher at a certain amount, like $500, then you will have to find someone where their 30 percent will offset the $500. So now my extremely low-income people are still homeless, yet HUD keeps saying they want to do away with homelessness. This will create a cycle of even more homelessness and now touch on families that become homeless. It is just not a good thing at all. It is just going to be terrible, really terrible. Mr. Garrelts. She brought up an interesting issue about the 80 percent of median and the very low-income target population we have now. I think that, within the guise of this HANF proposal, there is a thought that you would reach a higher income group through this proposal. But, actually, if you look at the payment standard and you do the actual mathematical calculations, in many markets, and this is not going to be true of all markets because this is a market-driven issue, certainly this would not necessarily be the case in Connecticut that has very high rents, but in Ohio, Georgia, Indiana, Illinois, where you have a mix of rents, when you do the mathematical calculations for the family, if you have a family approaching 80 percent of median, and you do 30 percent of their income requirement for their housing cost, more than likely it will exceed the payment standard established by the State. It does that now under the fair market rent schedule that we have. In my county, in Hocking County, Ohio, if I have a family at 80 percent of median and I do the mathematical computations, 30 percent of their family income is greater than my fair market rent standard, so they get no assistance. Mr. Miller of California. [Presiding.] The gentleman's time has expired. The language in the bill does clearly state that the same amount of people have to be helped through block granting, you cannot decrease it from 75 to 50 percent. So that statement is, in fact, not accurate based on the language of the bill itself. Ms. Dowling. But when you go back and use---- Mr. Miller of California. No, that wasn't open for a response. Ms. Hart is recognized for 5 minutes. Ms. Hart. Mr. Chairman, I'm interested in a response, actually, from Mr. Garrelts and Mr. Showe, if that is correct, regarding how you would envision, considering that you are now dealing with housing projects where 20 percent of the voucher system's funds are connected to the specific units themselves under the project-based voucher program, when a PHA enters into an assistance contract with an owner for those units, it is for a specified unit, a specified term. Do any of you, first of all, deal in project-based vouchers? I'm assuming you do, but maybe I'm wrong. Mr. Showe. I can respond to that. Our organization does have project-based rental assistance, however, it was contracts entered into directly with HUD. I realize there are those tenant-based vouchers that can be assigned to privately-owned houses, but my company does not have any of those units available to be assigned to our company. In our experience, we have solicited trying to get those types of permanent tenant- based assistance assigned to our apartment units and we have found, in dealing with the different housing authorities, that they did not have sufficient funding to go do that. So that is our experience. Ms. Hart. Okay. Mr. Garrelts. In our experience, we attempted to try project-based programs on a couple of occasions. But working in a tight marketplace, where we are trying to obligate the owners for a 10-year contract, they just were not interested because they had a line out their front door, and they could lease as many units as they wanted to. So having a project-based certificate just had no value to them. So we could not interest them at all. Then again, with our fair market rents---- Ms. Hart. Could you not interest them because of---- Mr. Garrelts. They had so many folks. if you have a unit in my community, you would have five people wanting to rent that, and you do not need to have any assistance to get those clients in there because they will pay the rent. Ms. Hart. Okay. Mr. Garrelts. It may be unique--well, it is not unique when you go around the country. There are many marketplaces that are like this right now, where the demand for units exceeds the supply. And in those types of circumstances, project-basing is really of no use because the owner doesn't need that. Project- basing works in those weak markets in which the marketplace has too many units for clients. And then in those types of cases, the owners really like that because then they are guaranteed some money for their units whether or not they are occupied. I shouldn't say this, whether or not they are occupied or not, because that is not totally true, but they are at least guaranteed they are going to get someone referred to them to fill that unit within a reasonable time. Ms. Hart. Do you envision any change to that under the new HANF block grant proposal? Do you think that would change the situation at all? Mr. Garrelts. Under the new HANF program, they have not defined anything as it relates to project-based vouchers or certificates. And as I understand it, there is a new HUD rule that is coming out on project basing that is going to be implemented, and certainly that would have, or HANF would have a negative impact on that new rule. I have not seen the new rule, but I understand that the industry is pretty happy with that. Ms. Hart. Okay. Mr. Showe, anything additional? Mr. Showe. I guess from our perspective we feel the public housing authorities do a terrific job in administering the Section 8 vouchers, and as far as the ownership of these different properties are concerned, the most important thing to do is to allow it to be transparent whether they are a Section 8 renter or whether they are a conventional renter. And the ways to make that happen is to eliminate the lease addendum in order to allow our managers to work off of one lease agreement. Because it causes tremendous confusion in training and administration of the lease rules and policies when you have to have two separate leases for the Section 8 voucher holders as compared to a conventional rental unit. The other factor is we lose a lot of money trying to get the inspections scheduled for the individual apartment units. Sometimes it takes up to 30 to 45 days to schedule those inspections when in fact the family is ready to move in immediately. So not only do we lose but the voucher holder loses too because they are anxious to move in and find housing. Ms. Hart. So is that red tape experienced by both of you as far as the whole system itself? Mr. Garrelts. No, I think that is a market-driven issue. In our community we are able to respond very rapidly. Within basically 10 days of a request to go out and do an initial inspection, we are able to do that quickly. But if you go into large population bases, and again this gets back into the basic staffing requirements in order to do the program, in large population bases where you may have 5,000 or 6,000 units in an area, they do not have 5,000 or 6,000 inspectors. So it is a little tough to get the inspectors around to inspect. If they are leasing out 400 units in a month, and that is not an unusual number that could occur, you just physically cannot have enough people around to go do those inspections. Mr. Gary Miller. The gentlewoman's time has expired. Miss Velazquez is recognized for 5 minutes. Ms. Velazquez. Mr. Garrelts, you state in your testimony that you believe H.R. 1841 has the potential to have a dampening effect on landlord participation in the Section 8 program. You make specific mention of potential for problems with the project-based Section 8 program. Would you please expand on this conclusion and indicate if you believe this effect is likely on both the tenant and project-based program or only one of the two? Mr. Garrelts. For the project-based program, it is of great importance, in order to attract an owner to participate in the program, that it is an easy process for them. Any extra administrative burden thrown at them is an extra cost for them, and they have that operating cost to be concerned with. So if under the HANF program we would go forward and we would still have the old existing project-based certificates in place, they are grandfathered, you would have the problem that that management company would be faced with two different sets of rules. So you have just violated the basic principle of keeping it simple. The management company would be real reluctant to continue participating in project-based units if they have different rules to follow. The same would occur within just the regular tenant-based program where the tenant is going out and searching. You have a tenant that has a grandfather voucher. They go out and call on a landlord, walk up to the landlord and say I would like to rent your unit. The landlord is accustomed to our program, they rent him up, they know the paperwork and everything is just fine. The next tenant comes along and says I have a new voucher under the proposed rule and I have all these different things I have to do. Suddenly the landlord is saying, I don't want to learn anything new. Most of the landlords want to be able to keep their management relatively easy to do. They have staff they have to train. The process of keeping everything standardized is very important. Ms. Velazquez. Thank you. Ms. Thompson, in your testimony you cite approximately $1 million in annual Section 8 rescissions as one of the most significant symptoms of problems with the current Section 8 system. Yet in the fiscal year 2003 appropriations bill steps were taken to better account for Section 8 funds and ensure fewer rescissions. Given these new changes to the Section 8 program, doesn't it make sense to see the results of those changes before authorizing a complete overhaul of the program? Ms. Thompson. Certainly steps were taken in the most recent appropriations bill to avoid those kinds of large recaptures in future years, but that doesn't solve the under utilization problem. We don't think an answer to under utilization is to simply take back the money you gave to PHAs. That's effectively what Congress is trying to do. They are trying to identify just how much money is really being used, and in case we are wrong we will create this little contingency fund. But our answer is, wait a minute, we want to see all authorized vouchers used. And we think a way to do that is to create the program flexibility that will lead to higher utilization as the HANF proposal could do. Ms. Velazquez. So tell me, how is rescission issue answered through the proposed changes? Ms. Thompson. I don't think the rescission or recapturing or avoiding recaptures solves the problems that vouchers cannot be used in all communities. We think a program that has more flexibility to move those vouchers around the State so they can be used to change payments standards where necessary to increase usage--we think this is what needs to happen, not just taking the money back if it doesn't get used. Ms. Velazquez. How do you respond to concerns that State flexibility will make it harder for voucher holders to move between States? Ms. Thompson. To move from State to State? We have many housing programs now where the rules are different from State to State and the housing industry manages those rules fine. You already have portability issues, even within States, under the current program. So I don't see that as a barrier. In fact, we think it is an advantage that States with very different local conditions can design a program that meets their needs, not one that looks like every other State. Ms. Velazquez. Thank you. Thank you, Mr. Chairman. Chairman Ney. Thank you. Ms. Lee. Ms. Lee. Thank you, Mr. Chairman. Let me just thank you again for this hearing, and I want to associate myself with the remarks of our Ranking Member from California, Ms. Waters, who kind of laid out what many of the issues are in California as it relates to Section 8 housing. Me, coming from northern California, for example just in Oakland alone, we have 8,000 people on the waiting list for Section 8 housing. Section 8 housing is such an important instrument for affordable housing. I hate to see it going in the opposite direction, which I think this bills takes it. I don't think this will strengthen Section 8 and provide for more adequate housing for those who are on waiting lists, but, in fact, provide less housing for less individuals. A couple of things I just wanted to ask, I guess Ms. Thompson and Ms. Dowling. One is this new legislation allows now for the State to contract with or to designate any agency, whether it is a public housing authority or not, just any agency, to act on behalf of the Feds in terms of providing Section 8 housing. How do you see this in terms of, one, the political ramifications of this, and, two, in terms of just the discriminatory or the possible discriminatory ramifications of allowing any agency that has not been involved with housing to become part of this process in terms of administering the program? Quite frankly, this provision really does scare me to death. Ms. Thompson, then Ms. Dowling, please. Ms. Thompson. We think the flexibility that the legislation gives States to work with partners, both existing PHAs and other entities, is important. We know that the States would impose standards, high standards, on who would qualify to do that work. We believe that many PHAs currently operating, good PHAs, and the vast majority of them are very effective, would continue to be the States' partners in this program. Ms. Lee. How do you know that, though? Ms. Thompson. In talking with our State agencies, they report to us that the vast majority of PHAs in their States are very effective. They see themselves stepping more into the role of HUD, hopefully, with a lot less regulation and bureaucracy, than stepping into the role of the PHAs. Ms. Lee. You don't see any politicizing of this as a possibility? Ms. Thompson. Certainly, there will probably be some PHAs that States will prefer not to work with, based on their track record, but we think, on the whole, the very effective network will be preserved and the partnership between the States and the local PHAs would be an effective one, much more effective. Ms. Lee. Then why wouldn't we just use existing public housing authorities, if they are so effective? Ms. Thompson. I think it is important to give States the ability to decide whether or not to work with them. There may be entities in some localities that would be more effective than the existing PHA. We all know there are some, though limited in number, ineffective PHAs. So that flexibility is important. But, remember, what we are trying to do here is create a program where States can come up with different requirements so it is not a Washington-driven program. And HUD can't oversee a program like that, 2,600 different programs around the country. But, States can, and we think they can do it well. But, again, I want to stress only with adequate resources and flexibility, which this proposal does not provide. Ms. Lee. What about standards and requirements? Ms. Thompson. We think---- Ms. Lee. And nondiscrimination? Ms. Thompson. We think certain standards are appropriate. This legislation contains a lot of them already. If you were to go in this direction, we would want to work closely with you to determine what are the appropriate standards. Certainly Federal standards, in terms of who is served under this program, would be appropriate. We would just hope that they would not be extensive, such as the requirements under the existing program. Ms. Lee. Ms. Dowling, what do you think in terms of the questions I asked? Ms. Dowling. Well, first of all, I know straight off, I can keep it simple, there is going to be a lot of discrimination going on. That's why we had to implement a law within the State of New Jersey to protect our voucher holders. And as far as the other, there is no mechanism within any State I know, other than the State of New Jersey. The residents come out and participate. We will fight and, hopefully, it will be done properly within the State of New Jersey, but that is not going to happen across this country. You're going to have the ``good old boy'' network getting back in charge, and saying, you know what, we're going to take care of you if you can get me some votes coming up out of your area. So we are going to have even more discrimination. It's going to be worse than what it ever was before. Everything we fought to get here within the last 30 years with civil rights is going to go right out the window, and I can't make it more simple than that. Ms. Lee. Thank you very much. Finally, let me just say that I find it very ironic that generally those pushing this, the Republicans especially, this type of initiative, support local control. But in this instance now, we are going to another form of State control, I guess, and taking really away the local control aspect of Section 8. For me, this is backwards and will hurt us in the long run. Ms. Dowling. But you know what, I think great minds think alike, because that was the first thing when I read the bill, it was like, ``oh, you know what, this is going to break up a lot of strongholds across this country.'' And that's exactly what they're going to do with it. Ms. Lee. Thank you. Chairman Ney. Thank you. We appreciate the witnesses on the panel, appreciate your testimony, and thank you for coming to the U.S. Capitol. We will move on to Panel II, and we will have a couple of introductions. Mr. R.E. ``Tuck'' Duncan, Chairman, Topeka Housing Authority, Topeka, Kansas; Ms. Sandra Henriquez, Administrator, Boston Housing Authority, Boston, Massachusetts, appearing on behalf of Council of Large Public Housing Authorities (CLHPA); Mr. Tino Hernandez, Chairman of the New York Housing Authority, New York, New York; Mr. James Inglis, Executive Director, Livonia Housing Commission, Livonia, Michigan, and Senior Vice President, National Association of Housing and Redevelopment Officials, Washington, DC; Mr. Kevin Marchman, Executive Director, National Organization of African-Americans in Housing, Washington, DC; and Mr. Neil Molloy, Executive Director, St. Louis Housing Authority, St. Louis, Missouri, appearing on behalf of Public housing Authorities Directors Association (PHADA). We now will defer to Mr. Ryun for an introduction of Mr. Duncan. Mr. Ryun. Well, first of all, I want to thank the Chairman for allowing me the opportunity address this subcommittee. I am grateful that you have scheduled a series of hearings on this important subject and specifically applaud you for the balanced set of witnesses you have selected. I will be very brief, but I am extremely pleased to have the opportunity to welcome a constituent of mine to the subcommittee, Mr. Tuck Duncan. He is the Chairman of the Board of Commissioners for the Topeka Housing Authority in my district. Tuck truly is working on the front lines of this issue we are discussing, and his commitment is not only signified by his appearance here, but it shows as to how significant he believes this is. I believe that you will benefit tremendously from the experience and expertise that Tuck has acquired from his services in Topeka. This is an excellent opportunity to hear from someone who knows, firsthand, the issues surrounding this debate. Tuck, thank you for being here, and thank you for the work you do for everyone in Topeka, and I return my time to the Chairman. Chairman Ney. Mr. McCotter, for an introduction. Mr. McCotter. Thank you, Mr. Chairman, and the entire subcommittee for kindly allowing me to welcome and introduce one of my constituents and one of your panelists this morning. Since 1977, Mr. Jim Inglis has been the Executive Director of the Livonia Housing Commission, which tirelessly and effectively serves approximately 1,500 low and moderate-income Livonia families through a wide range of State, local and Federal programs. In fact, under Jim's leadership, the Commission has been rated a high performer by HUD's Public Housing and Section 8 Voucher Assessment Systems. Further, his peers have recognized his outstanding achievements, and Jim currently serves as Senior Vice President of the National Association of Housing and Redevelopment Officials. Jim, welcome, and thank you for appearing before this committee to testify on the issue of affordable housing. And good luck on the flight back, because I know you like to fly about as much as I do. Northwest will be kind to you, and tell my mother I am behaving out here. Thank you, Mr. Chairman. Chairman Ney. I thank our two members for their introductions, and with that we will go straight into the testimony, starting with Mr. Duncan. STATEMENT OF ROBERT E. ``TUCK'' DUNCAN, CHAIRMAN, TOPEKA HOUSING AUTHORITY, TOPEKA, KS Mr. Duncan. Thank you, Mr. Chairman. First, as a former miler and cross-country runner, I must say I am humbled to have Congressman Ryun introduce me. It has placed me in seventh heaven. And if my spouse of 29 years heard that I said I was humbled, she would probably find that amazing, but nonetheless. Mr. Chairman and Ranking Member, I am greatly pleased to be here this morning. The committee has already accepted our remarks for part of its record, and I am not going to read my remarks. I have a few notes and comments I would like to make, and I would like to try to briefly respond to some issues that have been raised by some of the questioning of the other committee members. As Congressman Ryun noted, I am a volunteer. I am one of those uncompensated persons on the front line of the Board of Commissioners throughout the country and those 2,600 housing authorities, save one or two larger housing authorities. We were a troubled agency in Topeka, Kansas, in 1999, as so declared by HUD when I went on to the advisory board. We, for a couple of years, worked to get ourselves extracted from under the aegis of the city government and became an independent governmental entity under our municipal housing laws in 2001, and it has been my pleasure to serve as Chairman ever since. The first thing I would note is that I think if there are housing authorities out there that are in trouble, I think HUD, quite candidly, has been slow to recognize them and, therefore, slow to act. So if I have one recommendation it is, the first thing is that the sooner we identify those local housing authorities that are in difficult times, the sooner we get in and try to provide them with assistance. I congratulate HUD in working with us, and I guess I am one of the few who perhaps feel that we have had some really great Federal-local partnerships. But for the work of the TARC office out of Cincinnati and the work of the Kansas City area office, I am not sure we would be as good a housing authority as we are today. In my comments, I noted that when we started we had a vacancy rate of almost 20 percent in public housing, and we were only using 60 percent of our vouchers. So we were one of those housing authorities that had under utilized vouchers and you were recapturing money, and we were accruing those funds and having to pay it back in the following year, because we were getting the money, were spending it, et cetera. So what did we do? Well, we simply applied some very lean management principles of business in order to try to make ourselves effective landlords in public housing and effective administrators of a Section 8 program. Today, my vacancy rates are less than 3 percent in public housing, and we have 100 percent utilization of our vouchers. The point of that is, that by applying public sector management principles, you can run an effective program. Now, I was here at your first hearing, I happened to be in business, I listened to the Secretary's comments. I guess my difference is that I see housing as a national problem that requires national solutions. I don't see how 50 different approaches for solving this problem and 50 different slowly dwindling, patched- together funding stream combinations are going to be an improvement. I guess I have more faith that the Congress and the Federal agencies can address these issues than perhaps some others do. I notice that Congress and HUD have already enacted a number of reforms, such as the Quality Housing and Work Assistance Act in 1998, the final rule received in 1999, the notices received in 2000. I guess what I see is that merely creating the States in the in between is creating a series of 50 or 60 mini-HUDs. We don't need a series of mini-HUDs. We already have them; they are called the regional offices, and we can work with the regional offices just as effectively as we can with the State governments. Additionally, I think you should, as Congress, give it some time before the reforms take place. In essence, before we reform the reforms, let's see if the first set of reforms are having some impact. Like any investment, you don't expect your profits or your return quickly. You try to take a long-term approach. Based on HUD's own March 2000 Section 8 reports I think there already is an awareness, both nationally and at the front line, that we must improve performance. If we hear nothing else today, we must improve performance if for no other reason than the participants of this program deserve our best efforts. The question's been asked, how many are on waiting lists? I checked this morning before I came in, and I have 1,525 on the waiting list. I have about 1,100 vouchers. Part of the problems that we are having are there are no incentives for landlords to get involved in this program. If you want to have housing, you have to have landlords under Section 8. And you want to have quality, good neighborhoods, because one of the problems is mobility; move people out of areas where the fair market rents allow you to rent into areas where the fair markets otherwise wouldn't allow you to rent. And we have difficulty there. That is one of the goals. I don't see that the State is going to know any more about that than I do. Well, 5 minutes goes fast. I will be glad to respond to any questions that the committee may have, and I have some specific recommendations if you are so interested. Thank you, Mr. Chairman. Chairman Ney. I thank the witness. And, again, the testimony can be submitted for the record that you have in writing, without objection, and we will go on to the next witness. [The prepared statement of Robert E. Duncan can be found on page 189 in the appendix.] STATEMENT OF SANDRA HENRIQUEZ, ADMINISTRATOR, BOSTON HOUSING AUTHORITY, BOSTON, MA, APPEARING ON BEHALF OF COUNCIL OF LARGE PUBLIC HOUSING AUTHORITIES (CLHPA) Ms. Henriquez. Good morning, Mr. Chairman, Ranking Member Waters, and members of the subcommittee. My name is Sandra Henriquez, and I am the Executive Director of the Boston Housing Authority. Today, I am here representing the Council of Large Public Housing Authorities, CLHPA, whose members manage over 30 percent of the Nation's Section 8 tenant-based assistance, primarily in large urban areas. Thank you for allowing me to testify before you on the Section 8 Rental Assistance Program and the administration's proposal to block grant Section 8 rental vouchers to the States. The Section 8 Rental Assistance Program is a great success by any measure. Not only is there no evidence that block granting voucher funds to States will improve the program, there are indications that this proposal will undermine Section 8 success. National utilization rates have increased 6 percent over the past year, from 89 percent to slightly now over 95 percent. If this trend continues, the average national lease-up rate could reach 97 percent by July of this year. And in Boston our success rate increased from 85 percent to its current 100 percent. This success indicates strongly that we will not continue to see large amounts of unspent funds as in recent years, and the program does not need significant reform. Devolution to the States, however, will undermine this success. Section 8 rental vouchers are an important resource for families with extremely low incomes. It has been estimated that less than a quarter of those eligible for vouchers and other forms of low-income housing assistance actually receive any form of aid. The remainder live in substandard housing, double- up with family and friends, pay more than 50 percent of their income for housing or are homeless. Section 8 rental vouchers help solve this problem for nearly 2 million households. Unfortunately, this proposal would result in the program's serving fewer of the neediest families. The block grant proposal includes changes in income-targeting requirements and the evaluation factors for the program that will push States to serve higher-income families and support the lowest quality housing in poorest neighborhoods because this is all the program will be able to afford. The current legislative proposals would enable States to divert voucher funds to State programs and possibly, depending upon how HUD defines supporting activities, could enable States to divert voucher funds to a range of nonhousing programs. States block grants would also add an additional layer of bureaucracy and cost to what is essentially a local program. The block grant proposal erroneously argues that States will be more responsive to local markets than HUD, even though it is the local housing authorities that currently administer the program and develop and maintain relationships with local landlords. The cost of the additional layer of bureaucracy cannot be ignored. The evolution of the Massachusetts State Rental Housing Assistance Program, called the Mobile Rental Voucher Program, is illustrative of my concern with block granting the Section 8 voucher program. The administration's budget calls for $100 million of Section 8 funds to be set aside for start-up costs, which instead should be used to support 15,000 vouchers for families in need. The bill also adopts a most disastrous provision from the 2003 Omnibus Appropriations Bill that caps the amount of earned administrative fees a public housing authority can maintain to use for low-income housing purposes. The Boston Housing Authority currently uses this earned administrative fee to fund a variety of low-income housing programs, including a security deposit program for homeless families, lease-up counselors who assist homeless families in Boston to find housing; bridge loans for HOPE VI and redevelopment activities to support operating costs of public housing, since these funds have been severely cut in recent years. There is interconnectedness among these housing programs. The flexibility to use this earned fee for a variety of low- income housing program is crucial to maintaining a cost effective, low-income housing strategy that meets local needs. Limits and caps on this funding, coupled with splitting the fee between two layers of bureaucracy, States and localities, will make it even more difficult to administer the program effectively. And even though Section 8 is successful, we agree with the administration that the program could be even better if HUD were to provide localities with more regulatory flexibility to meet the changing needs in the local real estate markets. HUD already has the authority under the current law to make the program less complicated, enabling local housing authorities to use Section 8 funds more creatively, for things such as tenant counseling enhanced security and deposits improvements to ensure the quality of the Section 8 stock. Another proposal that would help housing authorities better use Section 8 would be greater flexibility regarding the location of project-based units, the process of procuring project-based developers, and the number of units that can receive project-based subsidy in a building. All of those would go a long way towards creating more housing choices for needy families. For all these reasons, CLPHA strongly encourages Congress to reject the proposal to block grant Section 8 rental vouchers to the States and, instead, please encourage HUD to grant more flexibility to housing authorities administering the Section 8 program so that we can better address the local housing needs in our communities. Thank you. Chairman Ney. Thank the witness for her testimony. [The prepared statement of Sandra Henriquez can be found on page 203 in the appendix.] Chairman Ney. Mr. Hernandez. STATEMENT OF TINO HERNANDEZ, CHAIRMAN, NEW YORK CITY HOUSING AUTHORITY, NEW YORK, NY Mr. Hernandez. Chairman Ney, Ranking Member Waters, members of the committee, I am Tino Hernandez, Chairman of the New York City Housing Authority. On behalf of Mayor Michael R. Bloomberg, thank you for this opportunity to testify about the housing assistance for needy families block grant proposal. New York City has much at stake in your deliberations. The New York City Housing Authority is the largest public housing agency in North America, providing housing and direct-rent subsidies to 633,000 low- and moderate-income residents in the five boroughs of New York City. Our conventional public housing program comprises 345 developments, encompassing 2,702 buildings and 181,000 apartments which provide housing for 419,000 residents. NYCHA's Section 8 program currently has 85,928 vouchers under contract. New York City administers one of the Nation's most extensive Section 8 programs. New York City is the Nation's third largest, after the entire States of California and Texas. In New York City total, we have approximately 105,000 Section 8 vouchers. NYCHA contracts 85,928 vouchers serving 214,000 residents, and we have 27,694 participating landlords. Our sister agency, Housing Preservation and Development, oversees 19,000 vouchers, with 5,300 participating landlords. New York City's Section 8 program is among the most successful in the United States. NYCHA's voucher utilization rate is currently at 98 percent, and HPD is now at 100 percent. Local control, at the local level, is the key reason for New York City's success in administering the Section 8 program. Housing conditions vary widely from city to city and localities best understand their housing needs. No State agency can know a local market as a city or locality can. In New York City, we have been able to tailor the Section 8 programming to meet the unique needs of our real estate market. We are able to set fair market rent levels by neighborhood, acknowledging the varying rents within New York City communities. We are able to be responsive to the needs of landlords with the goal of gaining greater participation in the Section 8 program. We have streamlined the processing of rent payments to landlords. We have shortened the approval process for Section 8 transfers and rentals. We have automated inspections, introducing technology. We have automated rent calculation systems, minimizing errors. And we pay holding fees to landlords for apartments for processing time. The scarcity of affordable housing in the New York City market is dramatic. The New York City vacancy rate is among the lowest in the country. Within the context of local control, NYCHA has been able to work closely with Mayor Bloomberg and its sister housing agencies to ensure that the City's priorities are addressed. NYCHA's Section 8 program is an integral part of the New York City's strategy to deal with special populations, such as victims of domestic violence and homeless families, and we do that on a regular basis. New York City, working in collaboration with the Mayor's office and also with HPD, has also unveiled an important major housing program which will result in the production of 65,000 additional units of affordable housing over the next 4 years. The Mayor's program will preserve existing housing stock, produce additional housing, and identify development opportunities, all of which are supported by the Section 8 program's role in preserving the existing housing stock. Under the Section 8 block grant proposal, we have concluded that we would be adding an unnecessary and costly third-party administrative layer. HANF will not improve the delivery of tenant-based housing assistance. It would only complicate it, and the distribution of Section 8 vouchers will become more problematic. We believe that this particular proposal could disrupt the success of New York City's program, and we strongly believe that the Section 8 program should be administered at a local level. Thank you. Chairman Ney. I thank the witness. [The prepared statement of Tino Hernandez can be found on page 210 in the appendix.] Chairman Ney. We will move on now to Mr. Inglis. STATEMENT OF JAMES M. INGLIS, EXECUTIVE DIRECTOR, LIVONIA HOUSING COMMISSION, LIVONIA, MI, AND SENIOR VICE PRESIDENT, NATIONAL ASSOCIATION OF HOUSING AND REDEVELOPMENT OFFICIALS, WASHINGTON, DC Mr. Inglis. Good morning, and thank you for the opportunity to testify before the committee, Mr. Chairman and Ranking Member Waters. It is a pleasure to be before the committee. My name is Jim Inglis, and I am Executive Director of the Livonia, Michigan Housing Commission. The Livonia Housing Commission assists approximately 1,500 families with affordable housing and community development programs. I am here today representing the National Association of Housing Redevelopment Officials, and I currently serve as their Senior Vice President. NAHRO is the oldest housing community development organization in the United States, having over 19,000 members. There are several concerns I have regarding the HANF proposal which we would like to outline today. First of all, the funding shortfalls. The major concern in this program is that in the out years, the next 5 years, housing assistance payments will be reduced by $1.1 billion to $1.8 billion over the next 5 years. The reason is that the Consumer Price Index rate of inflation and HUD's automatic adjustment factors will not keep up with rents increasing in the Section 8 market. In addition, the administrative fees are proposed to be capped at 10 percent of the housing assistance payments. It is our concern that would represent a 13 percent cut for most housing agencies across the country, thereby reducing their ability to provide needed housing assistance and counseling to Section 8 clients. That would reduce the landlord outreach, housing counseling, and support for local residents. What would happen if these funding shortfalls take place in the funding out years is that the States will be faced with several very serious questions. First of all, how would they increase rent burdens or reduce the value of the voucher to make sure they are assisting a sufficient number of families? Two, will they use State revenue to make up that shortfall? I doubt it, given the situation now in most States. Or, three, which is likely the most palatable option for the States, would be to reduce assistance to low- and moderate-income families under the Section 8 program, which these charts provide information on. The issue of cost containment has always been one Congress has been concerned about, and one thing that should be acknowledged is in the 2003 appropriations bill, we now have a way of making sure we reflect the actual cost of housing and the number of units that are leased in the market based on quarterly information we are providing to the Department of Housing and Urban Development. This has, in fact, eliminated the large recapture issue that Congress was concerned about in the past. So in terms of cost containment, I applaud Congress for that work they did in the appropriations bill to now accurately reflect the cost to administer the program. There is one other concern we have, relative to grandfathering, if it goes to the States. The States are required to administer the program under the current rules. However, there are provisions within HANF that say if there is insufficient funds to operate the program, there is a loophole for the State to reduce that assistance, which no longer provides a safety net for residents but basically a trapdoor. These residents will no longer be able to receive assistance under the program. The current Section 8 Housing Choice Voucher program is highly successful, and I think that is one point that needs to be made. The Millennial Housing Commission Report, mandated by Congress, indicates the program is flexible, cost-effective and successful. Housing choice voucher leasing rates have continued to increase. In the year 2000, it was 92 percent, year 2002 it went up to 94, and HUD's own projection is by the year 2004, it will go up to 96 percent, and the charts being put up reflect this. The concern we have is that 96 percent is an excellent utilization rate and leasing rate, and only in Washington does HUD determine that to be insufficient or a failure by the local housing agencies. Again, this is a highly successful rate under the voucher program. Basically, the program is already a block grant. It is a block grant to the local unit of government, the lowest local unit of government, which really is the most practical administrative agency within the State. The local unit of government is involved in local planning. They have relationships with landlords, local decision-making, local accountability, they can actually address local issues relative to the market, and so really we have a block grant program that goes to the local unit of government which is most effective. The under utilization issue is really not an issue. As you can see, since the initiation of QHWRA, leasing rates have continued to go up along with voucher utilization and the number of families being served in the program. Under HANF, we expect these numbers will continue to go down in the future. Flexibility? The members of the committee have asked about flexibility. We believe HUD has the tools now to provide regulatory relief to smaller agencies. There was an August 2002 interim proposed rule that has not been released by the Department, we encourage them to do that for smaller agencies. Also, complete the project-based voucher rule, which has been recently withdrawn. Timely reallocation of unused vouchers. There are some agencies that can't use vouchers, and if they would timely reallocate those to other agencies, that would greatly assist the program. And, lastly, give us the flexibility to work within a changing market condition, to adjust fair market rents to make the program work. Again, the biggest recommendation that I have from my agency is we have 752 vouchers, we have a waiting list of 6,000 people, and there is just not enough supply for the demand people have for the Section 8 Housing Choice Voucher program. So I encourage more resources that would go to the local communities to assist in the program. Thank you very much. Chairman Ney. I thank the witness for his testimony. [The prepared statement of James M. Inglis can be found on page 216 in the appendix.] Chairman Ney. The next witness. STATEMENT OF KEVIN MARCHMAN, EXECUTIVE DIRECTOR, NATIONAL ORGANIZATION OF AFRICAN AMERICANS IN HOUSING, WASHINGTON, DC Mr. Marchman. Chairman Ney, Ranking Member Waters, my name is Kevin Marchman, and I am the Executive Director of the National Organization of African-Americans in Housing. This morning, we have heard from voucher users, local program administrators, industry leaders, apartment owners, resident leaders. All have said this proposal is not needed and perhaps unwise. All have said improvements need to be made. HUD agrees. I suggest over a year's time that the administration convene a representative group, as they have recently done with this HOPE VI Program, and discuss and suggest needed changes and improvements to the program. The Section 8 Voucher Program is the bedrock of the Nation's affordable housing program, not the States'. Each administration seeks to make improvements to this program, to make it more flexible, more responsible. Indeed, when I was responsible for the administration of this program, we preliminarily explored the option or the possibility of block granting this program. We rejected it for some of the same reasons you have heard this morning. Again, I believe that HUD is earnest in wanting to improve the Section 8 Voucher Program. I believe the way to do that is to convene a group, perhaps a Secretary's task force, for the improvement of the Section 8 Voucher Program and report back to this committee in a year's time with administrative solutions. Thank you very much. Chairman Ney. I thank the gentleman for his testimony. [The prepared statement of Kevin Marchman can be found on page 239 in the appendix.] Chairman Ney. Mr. Molloy. STATEMENT OF NEIL MOLLOY, EXECUTIVE DIRECTOR, ST. LOUIS COUNTY HOUSING AUTHORITY, ST. LOUIS, MO, APPEARING ON BEHALF OF PUBLIC HOUSING AUTHORITIES DIRECTORS ASSOCIATION (PHADA) Mr. Molloy. Thank you, Mr. Chairman, my name is Neil Molloy. I am the Executive Director of the St. Louis County, Missouri Housing Authority. Today I am representing the Public Housing Authority Directors Association, PHADA. PHADA represents over 1,900 men and women who serve as the executive directors of America's local housing authorities. We wish to go on record, and I will try not to repeat what everybody else has said, and that will make it a little bit difficult, but first you heard from a former member of this body, Representative Susan Molinari of the Millennial Housing Commission that the Housing Choice Voucher program is a success, and it is the linchpin for low- income families in the private housing market. The second recommendation from the Millennial Housing Commission asked for more funds on an annual basis. That is what is really needed to make the program work. I want to talk specifically about one of the proposals in HANF. PHADA represents many of the smaller agencies that run programs of 250 units or less in the voucher program. There are some assumptions in this proposal about cost. These programs represent about 7 percent of the total program but they are very critical to the local market in these small towns and rural America. These programs were specifically designed to deal with many problems with senior housing, people who are on fixed incomes, receive small pensions or small Social Security payments. And if the local rural community and that housing authority did not have these vouchers, you would have a terrible housing crisis in these communities. HUD should just deregulate the small housing authorities, stop calling them a burden, because they are not, they are a very valuable asset to the small towns of America. As a former member of the Missouri General Assembly, with nine years of service on the Appropriations Committee, I served with Representative Clay, I have a little experience dealing with State bureaucracies and their capacity. In Jefferson City, bureaucrats like to treat legislators like mushrooms, keep them in the dark and feed them lots of manure. I imagine it's the same here. I think this proposal for HANF came out of a mushroom farm in the basement of HUD instead of the tenth floor. But what really scares me about HANF is the absolute chaos it would create in the program. Can you imagine having 50 different policies for a national housing program? This program has developed incrementally over three decades, and it works. It needs some fine-tuning, some minor adjustment, but the program really does work. In his testimony before this committee, Secretary Liu 15 essentially told you that HUD is going to spend $15 million a year to continue the program, even if they switch it to the States, and they are not going to cut any employees. I think this is just creating a new level of bureaucracy and administration that is not needed, and I think it is a really poor use of taxpayers' money. As previously mentioned, the $100 million to ramp up the States could house almost 16,000 families for a year. That would be, in my opinion, a sin and a shame. Finally, if the program is a block grant, it States specifically in Section 6(d)(2) that if there is not enough money, the States will have to make their best efforts to fund all the current voucher holders. Well, in my State, Missouri, the General Assembly is meeting today to cut teachers, to cut State employees, to cut social programs, health programs, education programs. They do not have the capacity. What will happen if this grant goes forward, if HANF goes forward, States will use the money like they have used the tobacco money, they will substitute it for declining general revenues whenever they have a problem. Housing is not the first priority in the State of Missouri, and I don't believe it is the first priority in any of the States. Finally, HANF will mean a real rent increase for residents. What I am talking about is when you go from adjusted income to gross income to base your rent on and you go from $25 to a minimum of $50, that affects the people who are on the fixed incomes and the very lowest income, and it also affects people who went to work. Because a TANF check or a Social Security check is gross income. A paycheck is not gross income, it's net income. So we are going to set our rents on the gross income, which is unfair to these working families. Finally, if the program is not broken, please don't break it. When HUD came to you and said, we can't regulate this program, it's too complicated, it reminds me of the old cartoon character Pogo, and his famous words, ``We have met the enemy, and it is us.'' when this body, in 1998, with the former Chairman of the committee, Representative Lazio, passed QHWRA, the preamble it said the purpose of the bill was to deregulate well-run housing authorities. Quite frankly, that has not occurred. It should be the responsibility of this committee to ensure that HUD does that. We know how to do the programs. If we could make things a little simpler, a little less complicated, the program would work fine, but it definitely needs more appropriations. We have 6,000 vouchers, we are at 102 percent utilization and we have 6,000 people currently on our waiting list. And we only open up our waiting list about every 2-1/2 years to allow people to come on to the list on a lottery system. So there is a great demand out there, and it is time for us to do something. Thank you. [The prepared statement of Neil Molloy can be found on page 243 in the appendix.] Chairman Ney. I want to thank the witnesses. I am just going to make one statement, and then I will yield to members who will want to ask questions, and we have a time factor here. I am torn on this now. At one point in time, I think everybody was running to the Capitol and saying it's broke, the money is being taken back by the Congress, and we have to do something about it. Now, all of a sudden the money is not necessarily brought back through the appropriations process. But that doesn't mean that some things aren't, I don't want to say maybe two broken legs, but maybe a broken arm along the line. I apologize for having to come in and out, I had two commitments, but I have the testimony, and some of the things I'm interested in hearing are what you think are some problems. I will get away from the word broke, but there are some problems. I think at the end of the day, if individuals, for whatever reasons, the States, suspicion of the States, whether it will work or not, whether a State will opt in, the housing authorities go away and all of a sudden the States say, here, take it back, and now, you recreate it. I can give you a whole bunch of scenarios that are alarming. On the other hand, HUD itself has pointed out that monies were returned, they weren't used. Now, because of an act of Congress they aren't returned, but does that mean the system doesn't need some type of repair? I hope as this progresses, that advocacy groups, the housing authorities, tenants, the large housing authorities, the small, the medium-sized, the rural, the urban can get together. And if there are admitted problems out there, could come together with some consensus of how those are repaired or fixed. So maybe the patient doesn't need open heart surgery, but maybe you need to do some exploratory. So I understand where you are all coming from, but I hope down the road a lot of ideas can be jelled around to see what happens at the end of the day. So I appreciate your testimony, and with that, I will defer to the Ranking Member, Ms. Waters. Ms. Waters. Thank you very much, Mr. Chairman. We were just talking about what we could possibly do to offer some alternatives to this block granting. I am opposed to it certainly, but I think as we move to fight this idea, we do have to come up with a few things that we could do. Let me just raise these questions. First of all, I think there needs to be more money. I personally would like to see money to help offset the capital cost, particularly small landlords with certain number of units, et cetera. It seems to me that when you have to put on a new roof or do some capital repairs, that perhaps we should try and offset those costs in some way. I don't know. Someone mentioned here today, the question about the inspections process and some other things. I think we have to keep in mind that we cannot and we should not have slum properties, and we have to make sure that they are inhabitable, they are livable, they are a good environment to raise children and families. Is there anything in this area that you consider unreasonable, that could be changed or that could be looked at in a different way as it relates to the inspection process? I don't know what is required after each family moves out, what the landlord is required to do. Is that reasonable? Are there complaints of any of the landlords relative to the amounts of monies that they are mandated to spend? I guess that would be for so-called rehab, upkeep, et cetera? Is there any room there for discussion? Mr. Inglis. Yes, through the HOME program there is a rental rehabilitation, where they can take low-interest loans to assist in the rehabilitation of the property so we can facilitate working with landlords in that area. We have done a lot of work with our landlords on lead-based paint issues, asbestos issues, and we continue to work with our landlords on local housing inspection ordinance issues. So there are a lot of different programs that we can work with our landlords to mitigate some of the issues relative to housing quality. I concur, housing quality is the key to the program. We want to make sure we are housing people in safe and affordable housing, but we need to make sure we work with our landlords, we have good partnerships with our landlords. We meet with them on a regular basis to make sure we understand their needs and what we can do for them. And I believe there are Federal programs at our housing agency, because we are a housing and community development program. Ms. Waters. Do cities set aside any CDBG or HOME or any of those monies for the upkeep of any of these properties? I don't even know if that is appropriate. Mr. Inglis. I don't think the Department has set aside, but we, as a local agency, in putting together our consolidated plan or our agency plan could do so in making sure that we look at these resources and make some programs available for the local landlords, especially the smaller landlords, as you are concerned with. Ms. Waters. Any other thoughts? Thank you. Ms. Henriquez. If I might. In Boston, we have been talking with other housing agencies who also administer Section 8 vouchers when we do orientations with our landlords about what is expected, what are the housing quality standards they have to hit, we then array for them programs they might go after if they want to get into the program but need a little help on the capital side. And, in addition, we have been working with the States to try to pilot a program to provide an incentive for particularly smaller landlords to come into the program. For instance, a repair that needs to be done to a hot water heater. Is that worth a $300 advance? Is there something we can do in the short-term that gets them over the hump to meet the quality inspection they have to do through? So we are looking at those kinds of incentives to help people come into the program who might otherwise be on the fence? Mr. Molloy. Some of the comments from the gentleman from the Multifamily Council about streamlining the process could work. You have to be careful on how it is done. You have to make sure the quality is there in the inspection process. One of the other problems that comes up, we are a jurisdiction, in St. Louis County, with 93 municipalities, and we have Section 8 vouchers all over the county. A number of the municipalities have local occupancy permits and their own inspection programs. So sometimes it becomes onerous for landlords at that level to go through our inspection and a municipal inspection. And if something is not fixed, and depending on the severity of the item, they have 24 hours to fix emergency items, or up to a further period of time to fix nonemergency items. We could do that. I think the Millennial Housing Commission also had some recommendations. Ms. Waters. Could we look at memorandums of understanding where you have several jurisdictions that have various laws relative to inspections, upkeep, et cetera, so that if you get memorandums of understanding, one, hopefully ours, HUD could be the lead agency to determine? Mr. Molloy. I think it would be very difficult for HUD to negotiate with the local communities because most of them are very suspicious of HUD for a lot of good reasons. But I believe you could probably do that on a local area. Maybe try to have joint inspection programs, try to coordinate that. But it does become a hassle for the landlords, and we try to speed that process up as much as we can. Ms. Waters. Well, that may be an area that we could take a look at. Let me tell you what my concerns are. With the housing market being what it is, and landlords able to get market rents for their properties, I don't know why many of them are going to want to be in Section 8 at the rate that the market is performing. So I want to do something to give a little bit of an incentive. So if each of you would think about that and feed that information back to us, I would be very grateful. Thank you. Chairman Ney. Thank you. Ms. Velazquez. Ms. Velazquez. Thank you, Mr. Chairman. I would like to take this opportunity to welcome my Chairman from the New York City Housing Authority. Mr. Chairman, I am just really amazed to see that here in Congress some people are always advocating about flexibility and local control, but--and they have been good at staying on message. But it seems that on this legislation they lost that page. I would like to ask the Chairman of the New York City Housing Authority, were you consulted when this legislation was being put together? Mr. Hernandez. No. Ms. Velazquez. So they didn't consult with any of the people that are running this local authority? Mr. Hernandez. I always have to check with my staff. I was not personally consulted. Ms. Velazquez. But we continually say that you people at the local level, you know best what works and what doesn't work. But when it comes to drafting legislation that supposedly makes the reforms that are needed for Section 8, we do not consult with you. So let me consult with you, Mr. Chairman. The bill now pending before the committee will limit the fee to 10 percent of an agency's allocation. Can you tell me what uses the city puts to the fee, whether you believe a 10 percent ceiling on the fee is appropriate and whether you favor greater flexibility regarding the use of the fee by the local agency? Mr. Hernandez. We have been able to use the administrative fee really for a variety of purposes. One is that we have had-- since I have been Chairman, one of the things that we have done is that we have put a lot of emphasis on the Section 8 program because we believe it is probably one of the best vehicles to be able to provide housing for low- and moderate-income New Yorkers. So through the fees, we have been able to do all of the improvements that I have articulated earlier. We were able to-- because I thought that it was important to really deal internally to create efficiencies that would--as business practices, pay landlords on time, to be able to facilitate the inspections, we moved to handheld computers so that we would be able to do inspections in a very timely or expeditious basis. We have used that. In New York City we have always used administrative fees for other housing purposes. They have been tied to being able to round off a financial package for new developments or substantial rehab so that we would be able to put project-based Section 8 certificates within new housing as a way of expanding affordable housing in New York City. So we think it is a key component of the program. Ms. Velazquez. Would any of the other witnesses like to comment? Mr. Duncan. Briefly, if you cap fees on reserves, all you are going to do is make people spend money that they would not otherwise spend, because they are not going to be able to accumulate funds for some other, greater purpose. I expect the fees with 85,000 vouchers in New York is considerably more than the fees for 1,200 vouchers in Topeka, Kansas. It is going to take me a little more time to collect those reserves. So capping is really contrary to any type of entrepreneurship that you want to put into the program. Ms. Velazquez. Thank you. Mr. Duncan, in your testimony you said that HUD already has within its existent framework the ability to improve Section 8 through regulatory reform. Given this, do you believe any legislative changes are necessary at this time? Mr. Duncan. Well, one--in the real world, I am an attorney. One of the things I do is I represent wholesalers, so I am familiar with attempting to try to have business practices that reduce the number of points of contact. I understand HUD's desire to want to limit the number of points of contact that it has when it is dealing with housing authorities that have less than 250 vouchers. But I don't think the State is the way to do it. I do think Congress should consider, maybe there is a de minimis level of vouchers, which in light of, if you looked at my testimony, I mean, you have got to have a law library to know what the heck to do to run these programs. So there may be cooperatives between small housing authorities or contracting with other housing authorities that may be more effective and reduce the number of points of contact. But I suspect that Congress is going to have to set that limitation, whether that is 50, 100 or 249, I don't know. But when I was on the school board in Topeka, Kansas we had interlocal agreements with other school boards to operate a vo- tech school. We couldn't have done it on our own, but with eight or nine other school boards, we were able to operate a vo-tech school. I think that is something that helps accomplish what HUD wants, reducing points of contact, makes things more efficient and yet keeps us on a local level with knowing local market conditions. Mr. Molloy. Thank you. In Missouri, one of our local housing authorities has gotten affected by this new rule and the cap on admin fees. They are over the 105 percent level, so they won't earn any fees. They have been saving up money for 25 years. They are planning to use the money to build a homeless shelter in Joplin, Missouri. Then the city would take that area where the old homeless shelter was, redevelop it for economic development, they would have a new shelter, you would have economic development in the city. But this rule that HUD imposed has really sort of put that on hold. I think if you look at other Federal programs, and when they deal with indirect costs, a lot of Federal programs have indirect costs that are way in excess of 15 percent, and they don't have provisions for recapturing funds or requiring people to administer programs and not get paid for it. I think that provision that was put in the law last year was a mistake. It needs to be repealed. We have used admin funds to build community centers in communities that have Section 8 tenants and public housing tenants, to provide education programs and sports programs. Housing authorities have used the money wisely. If they don't, there should be a local responsibility, and the appointing authority can appoint a new board and, you know, change the management. Chairman Ney. The time has expired. Mr. Watt. Mr. Watt. Thank you, Mr. Chairman. Mr. Marchman, you made my ears perk up when you said that HUD has a working group working on revising HOPE VI. Mr. Marchman. Yes. Mr. Watt. That is news to me. I asked the HUD officials about it when they came over to testify, what they were doing to look at HOPE VI. The only thing I was aware of was that the President has recommended terminating HOPE VI. Tell me what--I know this has nothing to do with Section 8, but do you know something I don't know? Mr. Marchman. I can't say that. But, I think it is 2 weeks ago or so, the assistant secretary convened a group of individuals to talk about the HOPE VI program and/or alternatives to the program. It came as a surprise to many, inasmuch as public housing residents weren't invited or participated or were involved in that decision-making; that, in large part, the industry groups did not know. And while I don't speak for a---- Mr. Watt. Who was on the working group? Mr. Marchman. I can't tell you. I believe that there were individuals representing developers, people representing people in the tax credit markets, people representing, I believe, housing authorities, or at least one. But, I believe--and as I said, I don't speak for HUD any longer--I think it was their attempt to be responsive to Congress in terms of looking at the HOPE VI program and alternatives to the program. And my suggestion and my testimony is, a more---- Mr. Watt. I understood what you were saying. You were saying a working group for Section 8 vouchers would be appropriate too. So maybe they will follow that recommendation since we recommended a working group about 6 months ago for HOPE VI. So maybe they listen to these things. Mr. Hernandez, one of the things that Mr. Martinez testified--or maybe it wasn't him, whoever came over to testify about this block grant approach on Section 8--was that it was going to give more flexibility to the States to contract with different providers to administer the Section 8 voucher program. Did I understand you to say that New York City has two different providers, your department and something called Housing Preservation, and you have some Section 8 vouchers and they have some Section 8 vouchers? Mr. Hernandez. Correct. We have two housing agencies, the New York City Housing Authority, which is my agency, which is an agency that essentially manages all of the property of conventional public housing and, in addition to that, has a Section 8 program of over 85,000 vouchers. We have another agency, our sister agency, the Department of Housing Preservation and Development, which is really the development arm of New York City. They handle a lot of the affordable housing development and they also have a program, a Section 8 program. We work collaboratively. The HPD tends to have an approach with Section 8---- Mr. Watt. Well, let me--I just want to be clear on what you said, to clarify. So HUD is now contracting with two separate agencies in New York City? Mr. Hernandez. Correct. Mr. Watt. Would there be any value, in your estimation, to--well, first of all, before I get to that, I assume they have some flexibility now to do that; otherwise they wouldn't be able to do that? Mr. Hernandez. Sorry? That HUD---- Mr. Watt. That HUD has flexibility to contract with different agencies to administer the Section 8 program now? Mr. Hernandez. Correct. Mr. Watt. Would there be value, in your estimation, to having the State come in and have you and Housing Preservation start to bid against each other to run the Section 8 voucher program, so that one agency in New York would do it all? Mr. Hernandez. Congressman, I would essentially be echoing most of the concerns that have been expressed here already. It has already been indicated that in New York State, for instance, the State is facing a major budget deficit. The language is uncertain about how the State would formulate this program. We would be concerned that resources could be diverted for other purposes, as well as that Section 8 assistance could be diverted within the State. Moreover, it is our contention that it is really the locality of the City of New York that has the relationships with the landlords and that understands really the marketing trends within New York City. Mr. Watt. My time is about up. I want to ask one more question. We have asked two panels now. I haven't heard anybody say they favor this. Even the State housing authority agency organization on the last panel said that they were indifferent about it. I guess they would be the beneficiaries of State administration. And they didn't even advocate. Is there anybody on this panel who supports this? Mr. Hernandez. I would say that--as my esteemed colleague indicated, I do believe that HUD may have some legitimate concerns that need to be looked at, points of contact, and the regulatory environment, which I think, by the way, they can reform without this bill. Mr. Watt. How do you administer a Section 8 program anywhere without points of contact? I mean, you have got to have points of contact. Someone is going to have to have points of contact with them, either the State has got to have points of contact with them---- Mr. Duncan. Congressman, you can streamline the number of points of contact. Mr. Watt.--as between HUD and the number of points of contact. But somebody down the line is still going to have points of contact; otherwise, you are not going to have any supervision. Mr. Duncan. You would have it. As long as you end up with a cooperative, or somebody who is close to the customer. Let us not forget, it is the customer, the tenant, the working poor, that we need to be most concerned about; start there and work back up the line. And once we do that, then we can have an effective, streamlined process by which to get these funds into place. Mr. Hernandez. For New York's City's purposes, we have an effective, viable model being the point of contact for HUD in New York City. Mr. Watt. Thank you. Mr. Miller of California. [Presiding.] Mr. Davis. Mr. Davis. Thank you, Mr. Chairman. Let me welcome all of you all, and I associate myself with a lot of the comments that frankly all of you have made, and the panel before you. One of you made the observation that if the program is not broke, don't break it. It appears that this program is joining the long list of Head Start, Medicaid, and several other programs, including HOPE VI, that don't appear to be broken in a lot of ways, but that the administration wants to reexamine. Let me focus on one specific problem that some of us are concerned about. It is what is going to happen to the money behind Section 8 if it is block-granted. Most of us have the old experience from our political science classes that when you block-grant a program, that typically the funding does not keep pace with, in this instance, rental costs, for example. Can any of you address that? What do you expect to be the financial consequences in terms of a lot of States, in that they have this new burden thrust upon them, given the fiscal crisis a lot of States are facing now. Ms. Henriquez. If I might, I would like to talk a bit about what happened in Massachusetts. About 20 or so years ago the State of Massachusetts had the foresight, and should be commended for starting its own State-like Section 8 program. And, it is now called, the Mobile Rental Voucher Program. And at the time, it was keeping pace with the marketplace, vouchers were being used by residents; and over time, as the pressures on the State budget were beginning to catch up and the rental market in Boston, particularly, was heating up, those vouchers then no longer kept pace with their fair market rent. The State then tried to contain the costs in a number of ways. First, they changed eligibility so that higher-income people could get vouchers, therefore, diminishing the amount of subsidy hit to the State. When that didn't work, because the rental market kept heating up and heating up, the State then decided that they would charge--would increase the percent of one's income one paid for rent from 30 percent to 35 percent. And so numbers of people were then leaving the program. When that didn't contain costs, they then flatly decided to cap the program, so there was no growth opportunity at all. As real estate prices began to continue to escalate, more and more landlords were opting out of the program because they couldn't get the rents they wanted. Landlords wanted to help, they wanted these stable, ongoing incomes that came in from the program, but they could clearly make more in the marketplace or make more in the Section 8 program. My agency went from 604 such vouchers several years ago, now down to just a little over 250 vouchers, or a decrease of 62 percent in the number of families that I can serve under that program. Massachusetts now faces a projected $3 billion deficit. I hear 38 billion for California, so I think--but it is all relative; it is all local. So 3 billion for us is huge in the State. I am fearful that with block-granting Section 8 to Massachusetts, or to any State having the same sorts of hot real estate markets and deficit spending in their budgets, this program will also then die. It will help less and less people because it will not keep pace. If I could just add one more thing--I am sorry. Fundamental to all of this is that there has always been historically a commitment on the part of the Federal Government for housing programs, especially to support low- and moderate-income families and individuals. We continue to take a walk from that Federal commitment on a moral and ethical level. Mr. Davis. One of the things that I am hearing from all of you is that there is no significant support in the housing community for this kind of wholesale change in Section 8. A lot of you who work on these programs on the ground say there is no empirical need to make this kind of a wholesale change. So it would seem fairly clear to me that what the administration is doing in some sense is trying to undercut the attractiveness of the program and trying to really lessen the political commitment to the program. All of you kind of agree with that, that it is the underlying agenda? Nod your heads to that. Mr. Duncan. I can't read that into it. I would assume that there is some effort to try to streamline and become more efficient and apply some more efficient principles. I think it is misleading, though, to use the term HANF, because it seems to imply something closely akin to TANF, and only 13 percent of my voucher participants are welfare recipients. So this is not a welfare program and should not be viewed as such. It is a program to assist working poor, elderly who are on fixed incomes, and SSI persons, and particularly in my community, when we close State hospitals, persons who are mentally challenged that have no place to live. Mr. Davis. Mr. Chairman, if you would indulge me for 30 seconds, I do want to pick up one area and get Mr. Inglis to focus on this. One of the things that I have noticed with the Section 8 program is that it is disproportionately concentrated in urban areas, and that is a matter of common sense, I suppose, to some extent because of the lack of housing stock in rural areas. But can you talk for a second about what strategies might exist to increase the rural penetration of Section 8? Mr. Inglis. I think the major concern with going to the State is how are the resources going to be allocated in the future? Are they going to get to the rural areas? Are they going to get to the communities where the local housing authority is the main housing provider in the area? They are the one-stop shopping agency for public housing and for Section 8, and they have a variety of housing tools to address the needs in rural communities. It is a concern of ours that with this allocation, reallocation of funding, some of the States may play politics with the reallocation, and they may end up going more to urban areas and not to some of the suburban and rural communities that have a high amount of need. So your point is well taken, in that we are very concerned; especially, we believe that the rural agencies are probably going to suffer most with this proposal. Mr. Davis. Let's assume a current baseline for a minute. Let's say for whatever reason we keep the program exactly as it is. What can be done within the context of the current program to increase the rural penetration? Mr. Inglis. I think the basic thing is getting back to the flexibility, using the tools that were provided by the Quality Housing and Work Responsibility Act of 1998 and implementing those. Project basing is one. We still do not have a final rule on project basing. We also do not have a deregulation final rule on small- and medium-sized agencies, which was proposed in August of 2002, and had very strong support by the Department. They reduced the comment period to 30 days because they wanted to get it on the street. It is still not on the street today. So there is no deregulation. Mr. Miller of California. The time has expired. Thank you. Mr. Clay. Mr. Clay. Thank you, Mr. Chairman. Let me also thank all of the witnesses for being here to help us do our work. I really wish that Secretary Martinez was here; he was here a couple of months ago. And perhaps someone from HUD is here; they can report back as far as the transcripts of this testimony, and let him know that his testimony has been refuted. He told us a couple of months ago that the reasoning behind turning over Section 8 voucher programs to the States is because of local housing authorities' deficiencies and inefficiencies in administering the programs. He said--claims that now almost half of the States administer Section 8 through vouchers. And so I find this testimony in contrast to his. Let me ask, Mr. Molloy, who also hails from Missouri and who--we served together in the State legislature in Jefferson City. You made an interesting analogy of mushrooms and politicians. Can you go over that again for me? Mr. Molloy. Well, I think most members of this committee have served in legislative bodies or in local government and have had that experience of a lack of information to make a policy decision. And I think this current HUD administration has not been forthright with sharing that information with policymakers on a timely level. You need that information to make the correct decisions. And I think HUD needs to share that information with this committee. Mr. Clay. With both of us having served in Jefferson City, how would you envision this program--this block grant being administered out of Jefferson City, the State capital of Missouri? What agency would get it? How would decisions be made? How do you envision that? Mr. Molloy. Most likely it would be the Missouri Housing Development Commission, which has headquarters in Kansas City. They do the tax credit program. To give you an example, about 4 or 5 years ago, they administered a Tenant-based Section 8 program. They gave it to local housing authorities, because they weren't doing an adequate job on their lease-up rates. So they turned the Tenant-based program over to the local housing authorities. I think it would be chaos. I appreciate the competency of our local State housing finance agency, but I still think changing this program from the current Federal model to a State model would be an absolute disaster. I think we would lose thousands of landlords if they had the prospect of having 50 different sets of rules, particularly the landlords that operate in a multi-State environment. It would just drive them absolutely crazy. And I think it would also drive the tenants nuts with coming up with a new set of rules, and then having this overlap period of 6 years where you have the existing current voucher program and this new voucher program, having two different sets of rules. We have gone through that before, when we switched the certificate program to the voucher program. I think everybody on this panel who has a Section 8 staff can tell you the headaches the staff went through during that conversion process. Starting up a new program would be a disaster. Mr. Inglis. This proposal is what is best for HUD, in terms of administrative ease. That is not what it is about. It is about assisting people and do we want to continue with the Federal commitment of assisting low-income working families and elderly and disabled persons in our country. And this should not be about administrative ease for the Department. This should be a well-thought-out program that continues to assist low-income people in this country and also looks at assisting more people in the future. Mr. Clay. That is a great point. Mr. Duncan. May I comment very briefly? The irony is, HUD is still going to deal with us as a public housing agency. And there has been a lack of consideration about the interrelationship. I may have two lists, one for public housing and one for Section 8, but I am dealing with the same constituency. So I may be able to put them in public housing until they work themselves up the Section 8 line. It is going to be less productive for the person of economic--who is in economic distress, needing housing, and HUD is still going to deal with us. Mr. Clay. Mr. Hernandez, tell us, does New York have a waiting list for Section 8 vouchers? Mr. Hernandez. About 146,000 people are currently on our waiting list. Mr. Clay. How do you envision the State of New York, if they were to get the block grant, how would they alleviate that waiting list through this program? Mr. Hernandez. I have expressed concerns about that. Part of what New York City does is, through our Section 8 program, we provide a priority preference to homeless families and victims of domestic violence as well as disabled individuals. And in addition to that, as part of our plan to expand affordable housing, we use Section 8 to deal with development of new affordable housing in substantial rehabilitation of buildings, which is part of the Mayor's plan moving forward. Mr. Clay. I thank you all for your answers, and thank you. Chairman Ney. Ms. Velazquez. Ms. Velazquez. I would like for--Mr. Hernandez, for you to expand on your Statement to--your answer to Mr. Clay. The 65,000 units of housing that the City of New York envisioned, how do you think it will be impacted by the block-granting of Section 8? Mr. Hernandez. The Mayor released a vision of a housing plan to create 65,000 units of affordable housing really by doing two things; one is to preserve housing, the other one is to expand housing throughout the city. Part of the way that our sister agency, HPD, has done development in the past, and will continue to do it, is by utilizing Section 8 and being able to really round off the economic package to be able to deal with housing. Moreover they use it for mortgage--to help with mortgage payments. They also help to really do--to do housing for people they move into apartments. We are working--we have a revolving solicitation right now to offer Section 8 vouchers for anyone that is doing new construction or substantial rehabs as a way of being able to expand our Section 8 pool as well. So it is an integral part of our plan, moving forward, as we do this. Ms. Velazquez. Thank you. Thank you, Mr. Chairman. Chairman Ney. [Presiding.] I want to thank you. Any further questions? I would note that some members may have additional questions for this panel which they may wish to submit in writing. Without objection, the hearing record will remain open for 30 days for members to submit written questions to the witnesses and to place their responses in the record. I want to thank both panels for your time and indulgence and your time here in Washington. Thank you. [Whereupon, at 12:30 p.m., the subcommittee was adjourned.] THE SECTION 8 HOUSING ASSISTANCE PROGRAM: PROMOTING DECENT AFFORDABLE HOUSING FOR FAMILIES AND INDIVIDUALS WHO RENT--DAY 3 ---------- Tuesday, June 17, 2003 U.S. House of Representatives, Subcommittee on Housing and Community Opportunity, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to call, at 2:07 p.m., in Room 2128, Rayburn House Office Building, Hon. Robert Ney [chairman of the subcommittee] presiding. Present: Representatives Ney, Tiberi, Waters, Velazquez, Watt, Clay, Scott and Davis. Chairman Ney. [Presiding.] The subcommittee will come to order. I want to welcome the witnesses to the Hill and appreciate your testimony on this important issue. I also would just remind you that the lights will be activated. When you begin to speak, it will be green. Yellow means you have about a minute, and then red, we would ask you to summarize and complete your Statement. Also without objection, hearing no objection, any written statements you have will be part of the record. Today, the subcommittee holds its third in a series of hearings to examine the current operation and administration of the Section 8 housing choice voucher program and review various proposals intended to make the program more effective and cost- efficient. Since the 1970s, rental vouchers have been a mainstay of the Federal housing policy. Currently, the Section 8 housing voucher program supplements rent payments for approximately 1.5 million individuals and families. While the concept of the program remains sound, the program has often been criticized for its inefficiency. More than $1 billion is recaptured in the program every year, despite long waiting lists for vouchers in many communities. Michael Liu, Assistant Secretary of Public and Indian housing at the Department of Housing and Urban Development, testified at the first hearing on May 22, 2003. His testimony focused primarily on the Administration's proposal entitled ``Housing for Needy Families,'' or HANF. HANF would reform the Section 8 housing choice voucher program into a State- administered block grant program. I will dispense with the rest of my written statement, and without objection make them part of the record because we are going to have a vote and I want to make sure you get your ample time. Then we will come back. I just want to say this is a very serious issue, obviously a contentious issue. I have introduced a bill at the request of the Department. We are having hearings in the Capitol and we fully intend to have hearings in different parts of the United States on this issue. So with that, I will see if there are any opening statements. [The prepared statement of Hon. Robert W. Ney can be found on page 280 in the appendix.] Ms. Velazquez. Thank you, Mr. Chairman. I am glad to be here for this third in a series of hearings on the administration's Section 8 block grant proposal. This is an important issue that must be fully vetted from all angles. I thank the Chairman and Ranking Member for the thorough review of HANF and look forward to the testimony of today's witnesses. Over the course of these hearings, we have heard many concerns raised about the block grant proposal, and the indications are that there are more to come. The history of these hearings has reminded me of Secretary Rumsfeld's discussion of known knowns, known unknowns, and unknown unknowns. By using the Secretary of Defense's words, I am not trying to compare housing block grants to the war on terrorism. But for tenants with nowhere else to go, this is very much a matter of survival. We began with the known knowns, the concerns which we agree are likely to come to pass. HANF will likely result in lifetime limits on benefits. It will create an unnecessary and costly extra layer of bureaucracy, severely limit the number of new families brought into the program, and splinter the Section 8 program into 50 individual State programs. Then, we heard from witnesses on some of the known unknowns, the concerns for which there are no answers. Will HANF reduce the number of families currently receiving benefits, due to the eroding value of block grants? Will it eliminate the flexibility of vouchers? Today, I am interested in hearing about two more of these known unknowns. First, will block granting dampen landlord participation in the program? Currently, HANF includes no assurance of continued funding of existing vouchers from year to year. It also gives States the authority to cut the subsidy level of vouchers and place lifetime limits on benefits, leaving Section 8 families with nowhere to live. Wouldn't this force landlords to undergo lengthy and expensive legal eviction processes for each of their tenants, and thereby discourage their participation in the program? The Administration has failed to adequately weigh in with answers. Second, how do we know that in a time of fiscal constraints, the Section 8 block grant will actually be used for housing? What is to prevent a governor from playing favorites with the vouchers and rerouting them to different neighborhoods, opening the door to corrupt mismanagement of the program? Are there safeguards to prevent such an occurrence? The unknown unknowns are out there waiting to throw additional barriers in the paths of tenants and landlords. By the time they are discovered, they will have already done their damage. Is that a risk we want to take, or should we just accept the one thing I know for sure: HANF will not work. When looked at from this point of view, this hearing begins to take on the feeling of a work of Dr. Seuss. And as happens in all of his work, I fear this proposal has the potential to end with a move from the sublime to the ridiculous. Thank you, Mr. Chairman. Chairman Ney. I thank the gentlelady for her statement. Mr. Scott of Georgia? Mr. Scott. Mr. Chairman, we have so many panelists, I will just move on to the panel. Chairman Ney. I want to thank the members and introduce the panel. Conrad Egan is the Executive Director of the National Housing Conference, having previously served as Executive Director of the Millennial Housing Commission. He is currently the Chairman of the Fairfax County, Virginia Development and Housing Authority. Howard Husock is the Director of Case Studies, Public Policy and Management at Harvard University's Kennedy School of Government. He is also a research fellow at the Kennedy School Taubman Center for State and Local Government. Currently, he is the Director of the Manhattan Institute Social Entrepreneurship Initiative. Bruce Katz is a Vice President and Senior Fellow at the Brookings Institution here in Washington, D.C. He is the founding director of the Brookings Center on Urban and Metropolitan Policy. Prior to his appointment at Brookings, Mr. Katz was chief of staff to Henry Cisneros, former secretary of HUD. Jill Khadduri is a principal associate at Abt Associates, Incorporated, a social science research firm based in Cambridge, Massachusetts and Bethesda, Maryland. From 1988 to 2000, she was the Director of Policy Development at HUD's Office of Policy Development and Research. Dr. Ed Olsen is a professor of economics at the University of Virginia in Charlottesville, Virginia. He has been involved in housing policy analysis since the late 1960s and has served as a consultant to HUD during five administrations. Dr. Olsen has published extensively on the effects of public housing, housing allowances and rent control. The last panelist is Margery Austin Turner. She directs the Urban Institute's Metropolitan Housing and Community Center here in Washington, D.C. She is a nationally recognized expert on urban policy and neighborhood issues, with much of her current work focusing on the Washington metropolitan area. I want to welcome all the panelists and we will start with Mr. Egan. STATEMENT OF MR. CONRAD EGAN, PRESIDENT AND CEO, NATIONAL HOUSING CONFERENCE, WASHINGTON, DC Mr. Egan. Thank you, Mr. Chairman. It is a pleasure to be here today. As you indicated, I am the former Executive Director of the Millennial Housing Commission, and I will speak principally today from that standpoint. The Millennial Housing Commission was created by Congress a short while ago, which appointed its 22 Commissioners and its co-chairs, former Representative Susan Molinari and Dick Ravitch, and asked the commission to come back no later than May 30 of last year with a report on how particularly this Congress, but also other parts of the Federal government could do a better job to support good housing for all Americans. We did produce our report on time and within budget. I hope that the comments I will make today will be some indication of the return on investment that the Congress made in the commission. One of the things that the Commission was asked to do and which I will focus on today is to examine whether the existing programs of the Department of Housing and Urban Development work in conjunction with one another to provide better housing opportunities for families, neighborhoods and communities, and how such programs can be improved with respect to such purpose. I am quoting, Mr. Chairman, from the statute. The Commission responded in many ways to that charge. One of the programs that they focused on was the Section 8 housing assistance program. I will repeat the recommendation that the Commission put forward. It is under the title ``Expand and Strengthen the Housing Choice Voucher Program to Improve the Access of Extremely Low-Income Households to the Private Housing Stock.'' If I could quote from the introductory part of that recommendation: Since the 1970s, the housing voucher program has effectively assisted millions of lower-income renters, particularly extremely low-income households, who were most likely to have severe affordability problems and/or live in inadequate housing. Because the program is flexible, cost-effective and successful in its mission, the Millennial Housing Commission believes housing vouchers should continue to be the linchpin of a national policy providing very low-income renters access to privately owned housing stock. In addition to that, the Millennial Housing Commission recommends appropriation of additional funds for substantial annual increments of vouchers to address the housing problems of extremely low-and very low- income families who lack access to other housing assistance. The Commission also pointed out the important relationship between the Section 8 housing assistance program and homeownership. The Commission did go on, though, to recommend some improvements to the program. I will just briefly list them. The detail is in my statement and my colleagues I am sure will also have additional detail in addition to those who preceded this panel here today. First of all, it is important to improve utilization and success rates. Secondly, it is important to increase landlord participation, and I particularly appreciate Representative Velazquez's question in that area and I hope we can explore it when we have an opportunity. Thirdly, it is important to link the Section 8 program to housing production programs. It is important to link vouchers to work opportunity and self-sufficiency initiatives. It is also important to link vouchers to non-housing programs. As you can see the Commission liked this word ``link.'' They used it a lot. Finally, the Commission recommended allowing a more flexible use of Section 8 project-based units. I realize this hearing is not the subject of that particular item, but I would hope that the subcommittee could at some point devote some time and attention to that. This is what I call the mobility option for project-based subsidies in order to keep them in the housing portfolio and to provide for better preservation and revitalization of project-based properties assisted by the Section 8 program. In conclusion, Mr. Chairman, let me summarize the Commission's position on the Section 8 housing assistance program thusly. First, the program works well in its current form. Second, it could be improved by implementing the above recommendations. And third, substantial annual increments of additional funds should be appropriated to better address the housing problems of extremely and very low-income families, and to increase opportunities for homeownership. Thank you, Mr. Chairman. [The prepared statement of Conrad Egan can be found on page 310 in the appendix.] Chairman Ney. I want to thank you. Mr. Husock? STATEMENT OF MR. HOWARD HUSOCK, ALFRED TAUBMAN CENTER FOR STATE AND LOCAL GOVERNMENT, JOHN F. KENNEDY SCHOOL OF GOVERNMENT, HARVARD UNIVERSITY, CAMBRIDGE, MA Mr. Husock. Thank you very much, Mr. Chairman. It is a privilege to address the subcommittee once again. The proposal to rename and restructure the Section 8 housing choice voucher program as housing assistance for needy families or HANF should be considered among the most promising housing proposals in many years. Its promise lies in the potential it holds for considering housing policy not in a vacuum, but in the context of domestic social policy more broadly, and thereby potentially encouraging long-term improvement in the life choices and prospects of those households whose rent is paid for by a housing voucher. HANF, of course, sounds a lot like TANF, the core public assistance program, and well it should. For although largely unacknowledged in our recent focus on physical improvements to public housing or the drive to increase the number of housing vouchers actually utilized, the fact of the matter is that there are demographic overlaps, significant ones, between the public assistance population and the housing assistance population, such that common supervision at the State level is a logical new step. HUD reports, for instance, that among non- elderly, non-disabled heads of households receiving housing vouchers, 28 percent, that is 219,000 households nationwide, are also current recipients of TANF. Like TANF recipients, they are predominantly comprised of single-parent families. HUD reports that of 1.01 million non-elderly, non-disabled Section 8 households, 783,000, that is 78 percent, are headed by single parents. Indeed, it is important to keep in mind when considering housing policy that although we hear frequent alarms, it is an exaggeration to say that we have a general housing affordability crisis in the United States. Affordability, rather, is a problem for the elderly, poor, and the disabled, and particularly single-parent families with children. HUD has reported indeed that only 8 percent of voucher holders are two- parent families with children. Section 8 vouchers, moreover, are a means through which new single-parent families prone to long-term poverty, headed primarily by young mothers, can be established in the first place. Indeed, between April 2002 and April 2003, 13,600 new voucher holders, 6 percent of all new admissions to the program, were under 21 years of age. Such households are typically the focus of a wide range of social service interventions from job training to nutrition programs. It is common sense, then, for our housing voucher policy to be considered and administered in the same context as our larger social policy. That is a policy which could be summarized since the welfare reform act as one of short-term assistance meant to enable long-term self-improvement and self- reliance. To that might be added discouraging those who are not economically ready to start their own households from starting them. The centerpiece change of the HANF proposal, the creation of the housing voucher block grant, and a shift in program administration from the local to the State level, may help us achieve those goals. Local public housing authorities, which have historically administered Section 8, have a narrow mandate to provide safe and sanitary housing. But given who lives in our subsidized housing, the programs must be more broadly considered and aligned specifically with the goals which state governments are asked to implement, not just through TANF, but through other social programs as well, including the administration's current efforts to encourage marriage and two-parent families. A block grant and state administration of Section 8 can set the stage for a period of housing policy innovation, much as we saw state governments experiment, many successfully, for instance HHS Secretary Thompson in Wisconsin when he was Governor there, with welfare-to-work programs in the early 1990s, even before the passage of TANF and in fact presaging that passage. Not that all States will move in new directions. Some may prefer the current approach and they will be allowed to continue it. But other jurisdictions may choose otherwise and seek to craft new housing policies in conjunction with broader state transitional assistance policies. Such policies could indeed involve a time limit, or they could involve a declining public share of rent payment over the fixed lifetime of a voucher, as well as a combination with social services such as financial counseling and household management. Such approaches are not merely hypothetical. They have been in use effectively, for instance, by the Charlotte, North Carolina housing authority since 1993, in Congressman Watt's district, for some of its public housing tenants. State government, however, is more likely to have the capacity to undertake such policy innovations and far more likely to be inclined to do so if those considering social policy broadly are also those reviewing housing policy. It is a mistake, in my view, to see the problems with Section 8 to date as lying mainly in the high turnback of unused appropriations or in the need to convince more property owners to accept more voucher holders. It is highly likely that most property owners in areas of reasonably strong demand will choose and continue to choose to avoid the complications that Federal program participation brings with it. It is far more likely for voucher holders to become concentrated in areas of weaker demand, and indeed program data from HUD again shows that in 11 of 25 cities that HUD surveyed, there are neighborhoods in which voucher holders constitute 25 percent or more of the population. I believe Senator Mikulski has called these ``horizontal ghettos.'' The southern suburbs of Chicago where Section 8 has been particularly controversial, I would hope that this committee might have hearings in that area if possible, have absorbed for instance 58 percent of the Cook County Housing Authority's vouchers. The majority of the voucher holders who have moved from the District of Columbia to its suburbs have moved to Prince George's County. In Philadelphia, 45 percent of voucher holders inhabit just two of the city's five major neighborhoods, South Philadelphia and Northeast Philadelphia. If you visit the south suburbs of Chicago, you will meet local elected officials and residents, many of them African American, who will express grave concern about this phenomenon, fearing the effects of such concentration on the social fabric of their communities. As I wrote in the Manhattan Institute publication City Journal, in south suburban Chicago, with one of the highest concentration of voucher holders in the country, lower middle class African American residents complained. They thought they had left bad neighborhoods behind, only to find the Federal government is subsidizing bad neighborhood effects to follow them. Vikkey Perez of Richton Park, Illinois, owner of Nubian Notion Beauty Supply, fears that the small signs of disorder she sees with voucher tenants, un-mown lawns, shopping carts left in the street, are symbols of potential neighborhood undermine. ``Their lifestyle does not blend with our suburban lifestyle,'' she told me. Kevin Moore, a hospital administrator and homeowner in nearby Hazelcrest, Illinois, complained that children in voucher homes went unsupervised and that boom-boxes played late in the night. ``I felt like I was back on the west side,'' he said, referring to the neighborhood where he grew up and had worked hard to leave behind. If voucher concentration is probable for economic reasons, it is important for program guidelines to encourage voucher beneficiaries to take steps to end or reduce over time their assistance. In fact, such encouragement is just as important in areas where voucher concentrations are low as where they are high. [The prepared statement of Howard Husock can be found on page 313 in the appendix.] Chairman Ney. I am sorry to have to interrupt. We have got 5 minutes left on a vote, so what we need to do is to go over and vote. We have two 5-minute votes after that, which will be 10 minutes, and we will be back. I apologize for the unpredictability of the votes, but we will be back. The committee will be in recess, returning upon the call of the Chair. Thank you. [RECESS] Chairman Ney. The committee will come back to order. I think we had finished the time of Mr. Husock, and we will move to Mr. Katz. STATEMENT OF MR. BRUCE J. KATZ, DIRECTOR, CENTER ON URBAN AND METROPOLITAN POLICY, THE BROOKINGS INSTITUTE, WASHINGTON, DC Mr. Katz. Thank you, Mr. Chairman, for the opportunity to testify today on the performance and potential of housing vouchers. I will just make four basic points drawn from my written testimony. First, housing vouchers are a critical and generally successful component of Federal housing policy. They are unique among Federal housing programs in that they allow the recipient rather than the developer to decide where a family lives. This gives families greater choice in metropolitan rental markets, and by so doing enables them in theory to move to areas of growing employment and quality schools. Vouchers are therefore the only Federal housing program that recognizes the radical decentralization of labor markets that has taken place over the past 30 years, and they are the only Federal housing program that tries to replicate for low-income renters what all middle- class households enjoy, the ability to make decisions on housing in connection with decisions on jobs and schools. Second, vouchers and the administration of vouchers are not perfect and need improvement. I emphasize four shortcomings in my testimony. Success and utilization rates are not where they should be. Landlord participation remains a constant challenge, as Conrad mentioned. Central city recipients, minority recipients, elderly recipients and recipients with disabilities all face special challenges in exercising choice in the market. And administration of the voucher program remains highly fragmented and insular: too much devolution in a sense, and too little accountability and competition. My third main point is that the Administration's proposal to block grant vouchers to the States is not the right reform. I think this proposal has multiple fatal flaws. In my view, States are not the place to vest administration of the program. The voucher program is about markets and housing markets for the most part are metropolitan and in many parts of the country actually cross state lines. I believe block granting for the States would actually complicate, rather than streamline voucher administration, given the absence of an adequate delivery system in most States. The proposal would require the creation of a new layer of governance that does not now exist and could be a recipe for administrative chaos in the short term. I am also concerned that the shift to a block grant could substantially alter the method by which Congress determines funding for the voucher program. In the real world, rents rise, and any program that wants to leverage private sector participation needs to reflect that simple fact. In the event that block grant funding is not sufficient to cover the program's needs, States would probably take one of several actions: shift assistance to households with more moderate incomes; require recipients to pay a higher share of their income for rent; or limit the ability of households to use vouchers in low-poverty areas. All these funding scenarios could have a profound impact on which landlords participate in this program, since in the end what landlords want is certainty and predictability in program rules and funding levels. Finally, I believe the effort to model voucher administration after welfare reform is misguided. The simple fact is that vouchers serve a much broader universe of households than welfare recipients. Only 13 percent of voucher recipients receive a majority of their income from welfare benefits. The preponderance of voucher holders either work or are elderly or have disabilities. The voucher program is in essence not simply the housing equivalent of welfare. If we want housing to work with welfare, we need a strong voucher program. Fourth, I believe the voucher program does need reform. I recommend that Congress give voucher recipients the tools they need to exercise choice in the market. Information is one such tool. Why shouldn't every voucher recipient have ready access, easy access to information about rental housing vacancies, school performance and employment accessibility so that they can make informed housing decisions, essentially, the rental market equivalent of the multiple listing services used for homebuyers? I specifically recommend that Congress authorize and fund HUD to test the feasibility of making information on metropolitan housing markets and school performance transparent and accessible. I also recommend that Congress try to match the administration of vouchers to the real geography of housing markets in metropolitan areas. I think Congress should experiment with a continuum of metropolitan approaches to voucher administration that include collaborative activities among local PHAs, the competing-out of administrative responsibilities to private sector entities both for-profit and nonprofit, as well as in some places the actual consolidation of separate agencies. I discuss this further in my written testimony. Again, I believe metropolitan areas, not States, are the right geography for thinking about housing policy and rental assistance. So in conclusion, the voucher program has been a mainstay of Federal housing policy for the past 30 years. More than any other Federal housing program, it places power and resources where it belongs, in the hands of low-income renters. By so doing, it enables them to make decisions about housing, jobs and schools in a unified way. The program, and particularly the administration of the program, does need some improvement, but reform needs to proceed in a measured and responsible way to avoid making the cure worse than the disease. Thank you very much. [The prepared statement of Bruce J. Katz can be found on page 319 in the appendix.] Chairman Ney. I thank the gentleman for his testimony. Ms. Khadduri? STATEMENT OF MS JILL KHADDURI, PRINCIPAL ASSOCIATE, ABT ASSOCIATES INC., BETHESDA, MD Ms. Khadduri. Thank you, Mr. Chairman. I appreciate the opportunity to be on this panel. My name is Jill Khadduri and I work at Abt Associates, a national social science research firm. My company has done most of the basic program evaluation on the voucher program from the 1970s until now. We also provide technical assistance to voucher program administrators. Examples of research we have done recently that may be of particular interest to this committee include a study of voucher utilization rates, a study of voucher success rates, and a study of the circumstances that may bring a voucher program into conflict with residents of the neighborhood. Mr. Chairman, the voucher program is not flawed. Its basic design is sound and it is an effective program for meeting the housing needs of low-income households, particularly families with children, the poorest households, and people with disabilities. At the same time, the idea of consolidating administration of the voucher program at the State level is very attractive. It would overcome some of the relative shortcomings of the voucher program. However, it is essential that any such consolidation into a State block grant should have four features. First, the choice- based character of the voucher program must be preserved. Second, any flexibility for States to alter the structure of the subsidy formula, impose time limits, or alter the housing quality inspection should be carefully tested and evaluated before all States have such flexibility. Third, the program should have clear performance goals and reporting requirements, including preservation of the requirement to report household level data in standard format. Finally, the annual appropriation of funds for the program should be tied to maintaining current numbers of families assisted at adequate assistance amounts for each household, and a steady program growth to reduce the unmet need for rental housing assistance. Let me turn to the results of some of our recent studies to tell you why I believe the voucher program is not in crisis. The utilization problem is well on its way to being solved. What we found when we did intensive case studies at 48 housing authorities is that many of the programs that had been using their voucher funds at low rate made substantial improvements once they got the word from HUD that funds not used would be taken away. We also found that many of the housing authorities with low utilization rates had staffing problems. The voucher program director had left and basic program functions such as issuing new vouchers had ground to a halt. An important finding of that study is that while it is relatively more difficult for housing authorities in difficult market conditions to use all their voucher funds, good program administrators find ways of doing so. Success rates for families, as I am sure this committee knows, are not the same as utilization rates for local programs. Not all families who are issued vouchers succeed in using them, but a large fraction does so. Our study of voucher success rates at urban PHAs found an overall success rate of 69 percent in 2000. Success rates were high for all types of households. They were high for all racial and ethnic groups. They were high for people with disabilities and they were especially high for those households with the lowest incomes. Vouchers are not harmful to neighborhoods. The isolated cases of neighborhood conflict that we studied in 1999 and 2000 showed that neighborhood concerns about vouchers can be avoided by program administrators who are alert for possible over- concentration of vouchers in small areas. They can be overcome when administrators act quickly when a complaint arises to find out the facts of the case and work actively with neighborhood groups. A common theme of this study is that good program administration is at the heart of the distinction between excellent and inadequate program results. The voucher program design is sound. Having said that, there are some very good reasons to consolidate program administration at the State level and to give the States greater discretion over some features of the design of the program. The advantages of state-level administration are, first, States would be in a position to rationalize the administration of the program which now is fragmented into more than 2,500 entities. Many administer very small numbers of vouchers and are inefficiently staffed. Overlapping jurisdictions confound good program administration. Our utilization study found that there were often not two, but three programs operating in the same geography, to the confusion of low-income families and owners of rental housing. Our neighborhood relations study found that overlapping jurisdictions made it difficult to avoid and to solve neighborhood conflict. It was hard for a housing authority to tell where another administrator's vouchers were being used. It was hard for a neighborhood group to know who was in charge. Second, state administration would help overcome the barriers that currently exist to the use of vouchers across jurisdictional lines. Third, States would be in a good position to coordinate the voucher program with other programs that serve needy populations, welfare reform and services for people with disabilities, for example. Finally, if we are to experiment with changes to the basic design of the voucher program, States are the right level for this to happen. States have more freedom than the Federal government to experiment with controversial changes such as time limits. At the same time, they have more ability than local housing authorities to create carefully designed and evaluated experiments. I am not going to respond directly to the Administration's proposal for a block grant called HANF, Housing Assistance for Needy Families. Instead, I will elaborate on the four features that I said at the outset were essential to any proposal that Congress might decide to enact in a consolidated administration at the State level. First, the choice-based nature of the program should be preserved. We already have a housing block grant. It is called the HOME program. Permitting States to attach vouchers to housing developments would make a voucher block grant no different from HOME and would threaten the budgets for both programs. Second, while state administrators of a voucher block grant should have immediate flexibility in some features of program design, features that go to the heart of the program such as time limits and the program's housing quality standard and also the structure of the subsidy formula should be permitted only after being very carefully tested and evaluated rigorously. I recommend modeling this feature of any voucher block grant on the AFDC state waivers that preceded welfare reform. Individual States should be permitted to implement such changes only with careful experimental design and evaluation of results. Third, legislation enacting a voucher block grant should include performance goals and measures and should mandate the continuation of the collection of household-level data on income levels, demographic characteristics, subsidy amounts and the location of housing units. This is essential so that Congress and the American public know what they are paying for. It is also essential for estimating budget levels for the program, what is needed to sustain the current program level, and what is needed for the program to grow. Finally, the legislation enacting a voucher block grant should include explicit statutory language relating the program's funding level to housing needs. Only such a congressional declaration of intent and good data on households served and subsidy levels will overcome the fears of those who believe that a voucher block grant would mean the loss of the Federal commitment to meeting the housing needs of low-income renters. Thank you, Mr. Chairman. [The prepared statement of Jill Khadduri can be found on page 329 in the appendix.] Chairman Ney. Thank you. I thank the witness for your testimony. Mr. Olsen? STATEMENT OF MR. ED OLSEN, PROFESSOR OF ECONOMICS, UNIVERSITY OF VIRGINIA, CHARLOTTESVILLE, VA Mr. Olsen. Thank you, Mr. Chairman. I welcome this opportunity to talk with you and the members of your committee about reform of the housing choice voucher program. I speak from the perspective of a taxpayer who wants to help low-income families, albeit a taxpayer who has spent the last 30 years studying the effects of low-income housing programs. Given the current economic slow-down and the added expense of fighting international terrorism, it is clear that little additional money will be available for low-income housing programs over the next few years. The question is how can we continue to serve the families who currently receive housing assistance and serve the poorest families who have not been offered assistance without spending more money. The answer is we must use the money available more wisely. Research on the effects of housing programs provides clear guidance on this matter. It shows that tenant-based housing vouchers provide equally desirable housing at a much lower total cost than any type of project-based assistance under any market conditions. My written testimony summarizes the evidence. These results imply that we can serve the current recipients equally well that is, provide them with equally good housing for the same rent and serve many additional families without any increase in the budget by shifting resources from project-based to tenant-based assistance. The magnitude of the gain from this shift would be substantial. The smallest estimates of the excess cost to project-based assistance imply that a total shift from project-based to tenant-based assistance would enable us to serve at least 900,000 additional families with no additional budget. These findings have important implications for how the Federal budget for housing assistance should be spent. First, the money currently spent on operating and modernization subsidies for public housing should be used to provide tenant- based vouchers to public housing tenants as proposed by the Clinton Administration and by Senator Dole during his Presidential campaign. If housing authorities are unable to compete with private owners for their tenants, they should not be in the business of providing housing. Second, contracts with the owners of private subsidized projects should not be renewed. Instead, we should give their tenants portable vouchers and force the owners to compete for their business. Third, the construction of additional public or private projects should not be subsidized. No additional money should be allocated to HOPE VI, there should be no new HUD production programs, and the indexing of the low-income housing tax credits for inflation should certainly be rescinded until a careful analysis of the cost-effectiveness of this program overturns the results of the recent GAO study. Fourth, Congress should declare a moratorium on further project-based assistance under the housing choice voucher program until it can consider the results of a study that compares the cost-effectiveness of already committed project- based vouchers with tenant-based vouchers. Finally, if Congress decides to convert the housing choice voucher program to a housing block grant to the States, it should require that the entire budget for the program be used for choice-based assistance. Evidence indicates clearly that States will devote the bulk of an unrestricted housing block grant to project-based assistance. These reforms will give taxpayers who want to help low- income families more for their money by greatly increasing the number of families served, without spending more money or reducing support for current recipients. The usual objections to exclusive reliance on tenant-based vouchers have little merit. Tenant-based vouchers get recipients into adequate housing faster than production programs, even in the tightest housing markets, and they are more cost-effective than production programs in all market conditions. Production programs do not have a perceptibly greater affect on neighborhood revitalization than tenant-based vouchers, and we do not need production programs to increase the supply of adequate housing. Unlike other major means-tested transfer programs, housing assistance is not an entitlement, despite its stated goal of a decent home and a suitable living environment for every American family. This feature of housing assistance is a historical accident, and it is not defensible given the methods currently available for delivering housing assistance. It is impossible to justify providing assistance to some families, while denying it to other families with the same characteristics. If we provide housing assistance at all, it should be an entitlement to everyone who is eligible. If anyone is eligible, it should be the families with the lowest incomes. Contrary to popular opinion, this does not require spending more money on housing assistance. It can be achieved without additional funds by shifting money from less cost-effective methods for delivering housing assistance to choice-based vouchers as soon as current contractual commitments permit, and reducing gradually the large subsidies received by current voucher recipients. I urge the committee to take the bold steps necessary to serve the poorest families who have not been offered housing assistance, and I appreciate the willingness of the members of the committee to listen to the views of a taxpayer whose only interest in the matters under consideration is to see that tax revenues are used effectively and efficiently to help low- income families. [The prepared statement of Ed Olsen can be found on page 351 in the appendix.] Chairman Ney. Thank you. Ms. Turner? STATEMENT OF MS. MARGERY AUSTIN TURNER, DIRECTOR, METROPOLITAN HOUSING AND COMMUNITIES CENTER, THE URBAN INSTITUTE, WASHINGTON, DC Ms. Turner. Thank you, Mr. Chairman. I would like to highlight three points from my written testimony that is based on research conducted in my center at the Urban Institute, but also by other researchers inside and outside of government. First, the housing choice voucher program is tremendously effective and beneficial, although it is not working as well as it can and should be. We know how to make vouchers work better, and I suggest three strategies in particular that could improve outcomes for voucher recipients. Third, there is no reason to expect that States would voluntarily adopt any of these promising strategies under a block grant. Instead, it seems more likely that they would implement untested changes that risk undermining the current success of the voucher approach. I would like to just elaborate a bit on each of those points. The most important advantage of the voucher program is that it gives recipients the freedom to choose the kinds of housing and the kinds of locations that best meet their needs. As a result, many voucher recipients today live in healthy neighborhoods that offer social, educational and economic opportunities for themselves, but most importantly for their children. The current program certainly does not work perfectly in this regard. First, vouchers have not been as effective in promoting neighborhood choice and mobility for minority recipients as they have been for white recipients. In addition, as others have said, there are some families who receive vouchers, but are not able to find a house or an apartment in which they can use that voucher. There are a lot of reasons for that problem, including shortages of moderately priced rental housing, tight market conditions, racial and ethnic discrimination, landlords who are not willing to participate in the program, and sometimes ineffective local program administration. There is a growing body of experimentation around the country and research that suggests three very promising strategies for addressing these issues and strengthening the housing choice voucher program. First, vouchers should be linked with mobility counseling and housing search assistance. In experimental programs, housing authorities that have partnered with nonprofits to help voucher recipients learn about neighborhoods available to them, track down homes and apartments for rent in those neighborhoods, and negotiate effectively with landlords have been able to open up more options for these voucher recipients, resulting in greater mobility to low-poverty neighborhoods and racially mixed neighborhoods, especially for families from distressed inner-city communities who might otherwise have difficulty in the private market. Second, local housing authorities need to strengthen their landlord outreach and the services and incentives they provide to landlords who participate in the voucher program. There are several programs that have had success in expanding the options and choices open to voucher recipients by reaching out to landlords, listening to the concerns that they raise about the way the program operates, solving the red tape and other problems with program administration, and in some cases offering financial rewards to landlords who accept some of the most difficult to place families. Third, HUD should be promoting regional collaboration and even regional administration of the voucher program. In most urban areas, the voucher program is administered by too many different local housing authorities, each operating in a single city or county. This fragmentation makes the program very confusing for families, but also for landlords, and it interferes with the portability feature that should allow families to move anywhere they want to in the region with their voucher. Housing authorities in some metropolitan areas have addressed some of these issues by entering into mutual agreements that make their operations much more efficient and coherent. But HUD should be taking an active role in encouraging collaboration of that kind and testing the effectiveness of more comprehensive regional program administration. Under a block grant, it is conceivable that some States might choose to implement one or more of those promising strategies, but it seems unlikely, absent any strong programmatic mandate or incentive system. Instead, it is more likely that the quality of local program administration would deteriorate, particularly given the fiscal distress that many States are currently experiencing. Some States might use a block grant's flexibility to implement untested innovations like time limits or reduced subsidy levels that could undermine the success we have seen with vouchers and worsen the housing hardships that low-income families face. So instead of resolving the fundamental dilemma of inadequate funding for affordable housing in this country, a block grant would make housing hardship into a State problem, rather than a Federal problem, and it would open the door to untested program changes that could undermine the proven strengths of the voucher approach. Thank you. [The prepared statement of Margery Austin Turner can be found on page 400 in the appendix.] Chairman Ney. Thank you for your testimony, and all the witnesses. I have just a couple of questions, and anybody can feel free to answer. Basically, I wondered if you considered HANF good, just kind of cut to the chase, is HANF good or is it bad? It is not a trick question. It is just a yes or no. [LAUGHTER] Is it good or is it bad? The other thing I would want to ask is, do we need to change the way we administer the program? If you want to start in either direction. Mr. Egan. Mr. Chairman, to answer your first question, I would say that given what my colleagues have said here today and what others have said, that without some very, very fundamental changes to the current proposal, that HANF would not be a positive development. Secondly, there are many things that can be done to improve the program. My colleagues again here today have stated many of them, and I will not repeat them, but I think the more that we can increase utilization, involve landlords, connect with service and self-sufficiency opportunities, that the greater the success of the program will be. Mr. Husock. HANF is good, because it will allow positive experimentation. We heard the same kinds of alarms sounded before the 1996 Welfare Reform Act, and things have worked out rather well in terms of encouraging self-sufficiency. The thrust of my remarks was let's line up social policy with housing policy. The populations are very similar, and let's allow States rather than housing authorities, which do not have the capacity to innovate, to take on that challenge. Mr. Katz. HANF is bad, because the State infrastructure is just not in place for administering housing, and housing is just not the same as welfare reform. There are radical differences here that we need to understand. Voucher reform is needed to make choice for all low-income recipients real by matching up housing, schools and jobs. I think the major issue is to try to have more of a metropolitan approach to voucher administration, which is the way markets operate. Ms. Khadduri. HANF is a step in the right direction, but as currently designed, I do not think it should be enacted. First, it does not preserve the choice-based character of the voucher program, if I read the draft legislation correctly, the introduced legislation correctly. I also do not think it has the explicit mandates for reporting of household-level information that would be essential in order to overcome the fears of many who have testified before this committee, that what we are looking at is a block and cut scenario. I think in order to avoid such scenarios, the Congress needs to continue to know how many families are assisted, who those families are, where they live, and how much subsidy money they are getting. I do not think that the legislation as currently drafted and introduced provides those guarantees. I share the concerns of many others who have testified about such program changes as time limits. I think I would agree more with Mr. Husock that lining up vouchers with other elements of welfare policy is something that needs to be done, and we have not gone far enough in doing it. But I think we should approach it in small steps and carefully test those steps, as was the case before the enactment of welfare reform. Mr. Olsen. I would say that if HANF block grant money is not limited to choice-based assistance, it will be a disaster. But beyond that, I think we should have severe restrictions on the targeting on the poorest people, just as we have under the current program, with no discretion on the part of the Secretary to overrule that. Ms. Turner. HANF is a bad idea. It does not address the problems that we know exist in the voucher program, and it runs the risk of creating much more serious problems. If there is going to be a serious consideration of real reform of the voucher program, it should focus on getting the program administered more rationally at a regional, at a metropolitan level so that it works really effectively in terms of outreach to landlords and real housing choice for families. Chairman Ney. Thank you, and welcome to Congress. It was three to three. I yield to our ranking member, Ms. Waters of California. Ms. Waters. Thank you, Mr. Chairman. Let me just say to you, Mr. Chairman, that no one will be able to accuse you of not really doing a great job on Section 8. I think this is our third hearing, so you certainly have brought in a lot of voices for us to hear with all of these hearings. I appreciate the panelists who are here today. I was particularly struck by some interesting research that was done by one of the panelists that happened to conclude that somehow housing policy encourages single-parent families and provides a subsidy to single-parent families, when in fact we should be teaching single-parent families how not to be single- parent families, and somehow this policy just exacerbates the problem. Also in this paper, it appears to be a lot of knowledge and information about the use of Section 8 vouchers by minorities who move into neighborhoods where they take their unsupervised children and play boom-boxes. I would like to know if this extensive and very scholarly research that is contained in this paper also helps us to understand what happens, and first of all, are there whites that use Section 8 vouchers? I guess my question would be directed toward the scholar from the John F. Kennedy School of Government, Mr. Howard Husock. In your research, can you tell me about whites who use vouchers and what happens when they move into suburban areas? What does your research show about the size of their boom-boxes or anything else? [LAUGHTER] Mr. Husock. Thank you very much for the opportunity to respond, Congresswoman Waters. I would just like to point out for the record that I was quoting minority homeowners who were expressing that concern. So it is fine to characterize my remarks as reflecting some sort of antipathy toward minority aspiration, but I can assure you that that is the farthest thing from the truth. Ms. Waters. Oh, I am sorry. I guess what I was asking, are you able to quote any whites about what happens when people with vouchers move into their neighborhoods? Mr. Husock. The particular essay that I wrote that included those interviews was based on interviews with minority homeowners because of the concern that I had for their property values. So I was not looking at white neighborhoods. But if white people were moving in and playing boom-boxes next to black people, that would be just as serious a problem in my opinion, nor would I assert that that could never happen. Ms. Waters. And how predominant is the playing of these boom-boxes? Do they play them all evening, on Saturdays or Sundays? What does your research show you? Mr. Husock. I think you would have to ask Mr. Moore of Hazelcrest, Illinois, who I quote as saying that. I am sure if you hold hearings in south suburban Chicago, and I hope you will, because you will find that there is a large group of African American homeowners who are very concerned about this program. He would be glad to apprise you of the extent of boom- box playing. Ms. Waters. In addition to your scholarly research on boom- boxes, could you describe more to me about the unsupervised children of people who have vouchers? How does it compare with people who don't use vouchers? Where is it predominantly showing up? Just how big is this problem of unsupervised children does your research show? What can you tell us about this? Mr. Husock. I was quoting one individual who said that. Ms. Waters. Okay. That is fine. Now, do you have any information in your research about discrimination that was described by one of the panelists who indicated that oftentimes minorities do not have the opportunity to use their vouchers in certain areas and in certain ways because they are discriminated against? Did you find that in your research? Mr. Husock. I did not research that topic. However, as you see in my prepared remarks, I examined HUD's research on concentration and inferred from that high degree of concentration that existed, that it may be inevitable that concentrations of Section 8 families develop because private property owners with other options appear to choose not to rent to Section 8 voucher holders, as evidenced by significant concentrations that we are seeing. Does that mean that no discrimination occurs? It is probably an economic discrimination. It is probably discrimination based on not wanting to participate in Federal programs, but we are seeing significant concentrations. We can rail against that and say, well, we must do, as other panelists have suggested, more to counsel people to get into other neighborhoods and to open up those neighborhoods. At the same time, I think we have to expect that that is going to be a very difficult road. That is why I welcome the possibility of social policy experimentation at the State level, because if you are going to have significant concentrations or you are going to have some individuals moving into areas in which they are pioneers, if you will, then I think it is very important that there be strong guidelines that align Section 8 policy with TANF and other social policy elements of the Federal government. This is because my concern lies with the aspirations of upwardly mobile families, particularly upwardly mobile minority families who I think are very concerned about this program, as I am sure you are aware. Ms. Waters. Are you aware that 48 percent of all the Section 8 vouchers are with whites? Mr. Husock. I don't really understand myself to be making a race-based argument. If you understand it that way, then I regret that, but that is certainly not my intention. My focus is on the economics of Section 8 and on the possibility of how we can encourage Section 8 families to themselves become upwardly mobile. I am suggesting that the TANF Act gives us a blueprint that we can apply to housing assistance. The fact that there has been friction and people express themselves perhaps crudely and I quote them, and I can therefore be open to caricature, well, I am sorry, but that is certainly not my intention here. Ms. Waters. Well, certainly I need to share with you that when a panelist appears before this committee, and particularly one from Harvard with a paper that talks about unmowed laws and shopping carts left on the street, and particularly quoting minorities and referencing minorities in relationship to unsupervised children and boom-boxes, that is racist, sir. Mr. Husock. I take strong exception to the idea that quoting African American homeowners making such remarks would be regarded as racist on my part. I am not quite sure how you jump to that conclusion. Ms. Waters. What is racist on your part is that you come in representing that you are from John F. Kennedy School of Government, without any respectable research, and you tend to use some isolated comments to describe a group of people. That, sir, is racist. Now, if you don't understand that, then we need to come up to Harvard and help them to understand the difference between using descriptions that are extremely negative, assigning it to one group of people without any data or research to support it. Yes, sir, that is racist. Mr. Husock. May I point out for the record that in the quotation that the Congresswoman is referring to, I do not refer to the race of the Section 8 families. Ms. Waters. Yes, you do in many ways. Mr. Husock. I refer to the race of the minority homeowners. Ms. Waters. We know how the language is couched, sir. We have been in this business for a long time, particularly I. And I understand exactly what you are saying and I do not like it. Now, you have a right to say it, but I have a right to tell you I don't like it. Thank you very much and I yield back the balance of my time. Chairman Ney. The time has expired. Mr. Scott of Georgia? Mr. Scott. Yes, I certainly find the line of questioning very interesting. It could stand some illumination in the fact that for your information, the consumption of boom-boxes and the hip-hop music that corresponds with it now has now moved over from being a predominantly African American consumption to being a predominantly white consumption, thanks largely to Eminem. [LAUGHTER] At any rate, I hope that this very exercise and this line of questioning shows the seriousness of this issue and the concerns of this committee that we not cause any more aggravation with the Section 8 program. It is having enough difficulties as it is. I do recall the line of questioning. Our friend from Harvard appeared before this committee when we were doing all we could to make sure that we continued the HOPE VI. It just appears to me that there is a consistency in your testimony that tends to not be complimentary of what I think is the best direction of this committee, one, to save HOPE VI and reinstitute it, and certainly to save the good points of Section 8. But I do find very interesting, you know, when you use research papers and you write, you may use a quote, you may go anyplace, but the intent of the research paper is not governed by anything other than the driver of that car. You are the driver of the car. It just seems to me that you may go out to find various things that may substantiate your position. But at any rate, I just wanted to get some clarification of why you mentioned this in your report. As I have written in the Manhattan Institute publication City Journal in suburban Chicago, with one of the highest concentration of voucher holders in the country, middle-class African Americans complain that they thought they left the ghetto behind, only to find that the Federal government is subsidizing it to follow them. I am trying to figure that out. And then you go on to say that Vikkey Perez of Richton Park, Illinois, owner of Nubian Beauty Supply, fears that the small signs of disorder that have come with the voucher tenants, the unmowed laws and shopping carts left in the street, and could undermine the neighborhood. ``Their lifestyle,'' she says, ``does not blend with our suburban lifestyle.'' The point I am trying to get at is why would you go there? What are you trying to accomplish there if it is not racially charged, because it is not the case in many of the instances where Section 8 has been used. I am just wondering why would you go there. Mr. Husock. I went to south suburban Chicago on the recommendation of those who were familiar with the Section 8 program, because I was told there was great concern about the implementation of the program there. I would just like to point out for the record that the scholar William Julius Wilson has talked about the declining significance of race and the importance of social class difference as an important determinant of overall social policy. That is what you are seeing in south suburban Chicago. You are seeing people from different social classes involved in an unfortunate, somewhat acrimonious arrangement. I understand that this does not apply to every situation. The paper that you are holding in your hand was my written testimony. It is not a research paper and I did not represent it as such. But I think that a candid account of the potential for friction between social classes should be part of a reasonable discussion about Section 8 that need not be characterized as it has been. Mr. Scott. I guess what I am trying to get at is what is your point? You continue to make, even to go further, even go beyond using quotes, you come to some conclusion that says if voucher concentration is probable for economic reasons, it is important for program guidelines to encourage voucher beneficiaries to take steps to end or reduce their need for such assistance over time. In fact, such encouragement is just as important in areas where voucher concentrations are lower. Again, go to the south suburbs of Chicago and you will meet minority, first-time homeowners criticizing Section 8 in terms far stronger than I would dream of using here for, in their view, supporting households which they see as having brought problems to their neighborhoods.'' Mr. Husock. Yes. Mr. Scott. That just troubles me because I just think it is like finding a needle in the haystack. We have so many great stories about how Section 8 has revitalized communities and what a great program it is. It just seems to me that you tend to go out of your way here to bring some information and come to some conclusion. Again, just as the gentlewoman from California said, it is not just coming from somewhere. You are coming from, you are making a Statement from arguably one of the most respected institutions in America, next of course to Florida A&M University, which incidentally last year received more merit scholars than did Harvard. [LAUGHTER] But we really have got to kind of pull the cover over some of these kinds of statements so that we don't give the credibility to them. This is just a little bit overblown here. I just want to call attention to that. You are certainly free to come to any conclusions, but it just seems to me there is some rather narrow purpose on this here that we certainly want to make sure that we raise the temperature on and let you know that we certainly are not in accord with them on this committee, and we find that they are certainly not received in a positive way, because we know of too many very positive cases. I guess really to take African Americans and put these words into them to say, it really tends to goad us, certainly me, the wrong way. Mr. Husock. Candidly, I included that in my testimony because I thought that you would be interested, not because I was seeking to characterize it. I truly indeed thought that you would want to know honestly, from the bottom of my heart, I thought you would want to know what I believe was the suffering that I encountered in that room when I met with those homeowners. I thought you would want to know that and that you would care, and that is why I put it in there. If I have offended because of that, I truly regret that. Mr. Scott. The point that I am bothered about is the fact that not that they are there, people can say things, but from a person in your position to come and to make a blanket concluding statement of negativity about this program. I do not question that. I mean, we do not know whether that happened or not. You say it happened, but the mere mention of using, from people who need the program the most to be the ones as the carrier of this, and with your credentials. So that is my point. I yield back. Chairman Ney. The time of the gentleman has expired. I don't know about Florida A&M, but as a graduate of The Ohio State University, we have a warm spot in our heart for Miami. [LAUGHTER] Mr. Watt? Mr. Watt. Thank you, Mr. Chairman. We have a little private joke going up here about the Chairman passing over me. Let me see if I can get us out of the anti-Husock posture and on to another subject. I saved you last time you were here, Mr. Husock. [LAUGHTER] Mr. Husock. I remember that, too. Mr. Watt. I did you that favor last time. Mr. Husock. I wrote you that letter. Mr. Watt. This is getting to be habit-forming here. [LAUGHTER] Let me applaud Mr. Katz and Ms. Turner for emphasizing a point, both of them independently, that I think is very important and I don't want to go unnoticed here. Both of you mentioned the need for Section 8 voucher recipients to have a broader base of information about available housing. I think Mr. Katz referred to it as a multiple listing of Section 8 availability. I want to emphasize to the chairman and other members that in last year's housing bill, which did not go any further after it passed our community virtually unanimously, but there was a provision that sanctioned something called the socialserve.com program that has been used in Charlotte and some of the surrounding areas where they have come up with a really good listing of apartments that are available for low-income people, landlords who take Section 8 vouchers, all different kinds of criteria. They have developed this and we actually were able to get some assistance for the continuation and expansion of that program. It would be similar to a multiple listing of low- income housing availability. Second, I want to, not to beat up on Mr. Husock, but to give Mr. Katz and Mr. Husock the opportunity to debate back and forth. Mr. Husock said that 28 percent of the recipients of Section 8 vouchers are also TANF recipients. For the life of me, I cannot figure out why you would take a 28 percent rate and say that that justifies treating the program in exactly the same way that you treat TANF. I would think that the 72 percent that is left might dictate how you treat the program, but that is not the point I want to make. Mr. Katz said that it is about 13 or 14 percent, but either way it is a fairly small fraction. It is not even one-third of the recipients are recipients of welfare. So Mr. Husock, how do you get from even a 28 percent usage rate being welfare recipients to the conclusion that somehow the same model, even if we accept that the TANF model is a good model, which some of us do not accept, but if you accept that, I don't see how you get from 28 percent to the whole thing ought to be treated as a welfare program. Mr. Husock. A couple of things. First on the data itself, I specified 28 percent of non-elderly, non-disabled. If you include elderly and disabled, you get to a lower figure, as Mr. Katz did. So we are not really disagreeing about the figures. Mr. Watt. Well, that even more makes me concerned about what you said. Mr. Husock. Okay. I got the idea that they ought to be aligned because 28 percent, or whatever percentage you take, is still over 200,000 families in this country. That is a lot of people. Mr. Watt. Yes, but you have 800,000 people who are not. Why should they be following the model of welfare? They are not on welfare. Mr. Husock. What we do not know, I think, is whether it is fair to say that the TANF families are current TANF recipients. My concern is whether we are, as Congresswoman Waters pointed out about my concern about single-parent families, whether we are encouraging formation of families which are going to go on to have a lot of, you know, are prone to high poverty. Mr. Watt. You are making a different point. What is the rationale for not doing that, Mr. Katz? Mr. Husock. Right. We don't know how many there are, so it is not necessarily a bad idea to say there ought to be a time limit, which is where I am going with this. Mr. Watt. I am not suggesting it is a bad idea. I am just trying to figure out how you think it is a good idea, how you take 28 percent and make it a good idea. I think I could make the case that 72 percent makes it a bad idea a hell of a lot more than 28 percent making it a good idea. I wasn't even trying to do that. Mr. Katz, go ahead. Mr. Katz. I just wanted to reinforce your point. TANF is very different from housing. The first difference is that States were administering welfare prior to TANF. They were administering the AFDC program. They were experimenting with the program. They were getting waivers from the prior administration. So there was expertise. There was an infrastructure of administration on welfare that does not exist at the State level on housing. That is number one. Number two, I think the real conversation we should be having is how does housing serve as the platform for helping welfare recipients make the transition to work. And then how does it reward work once welfare recipients have made that transition? Because once they have made that transition, it is not like they are earning sufficient wages to afford housing in most metropolitan markets in the United States. So I think the HANF connection between housing and welfare is a really curious one. I think we have got to understand the role housing assistant can play in helping welfare recipients make the transition to work, and then stay in work, because the affordability problem does not go away even after employment. Mr. Egan. Mr. Chairman, with your permission could I add to that? Chairman Ney. Yes. Mr. Egan. I would like to speak from experience at the local level. As the Chairman indicated, I am the Chairman of the Fairfax County, Virginia Redevelopment and Housing Authority. I am struck with the ``therefore'' answer here. Just because the States administer TANF, therefore why should the voucher program also be administered by the States. Our experience is that where the connections with jobs, day care, transportation, supportive services are made are at the local level. We make those connections. I do not see therefore the HANF proposal, as I indicated earlier, adding any value to those relationships. In fact, my staff contends that they in fact would detract value from those relationships. Mr. Watt. Thank you. Mr. Chairman, I don't want to ask another question. I do want to make two very quick points, though. Number one, I am distressed that Mr. Husock seems to think that we should still be in the business of experimenting with poor people. That is one point and that is not a question. Second, for the life of me, I have not been able to figure out what Ms. Khadduri, the point that you were making which contrasts substantially I think with the point that Ms. Turner was making, that simply putting something at the State level makes it more effective. If that were the case, I don't know why we are even involved in the Section 8 program. I mean, we ought to just get out of the business and let the States do it. That is not a question. There are a couple of points in your testimony where you just kind of assume that something is better because it is not here. I do not necessarily accept that. Thank you, Mr. Chairman. Chairman Ney. Thank you. Mr. Clay? Mr. Clay. Thank you, Mr. Chairman, Ranking Member Waters, and good afternoon, witnesses. Let me try a more targeted approach. Let me ask Mr. Olsen first, you stated that the housing choice voucher program is by far the most cost-effective program of housing assistance in the United States. Why do you want to change it? Tell me how the conversion to block grants will make the Section 8 voucher program better? And how will it be better for recipients? Mr. Olsen. Actually, Ms. Khadduri would probably be better for answering this because what I know about this is really by reading a paper that she wrote. I think the advantages of going to block grant are not really large, but she argues and I agree with her that it will improve the portability of vouchers across different areas. There would also be some administrative savings by not having multiple housing authorities dealing with the same geographical area. Mr. Clay. I will get to Ms. Khadduri. I want you to answer. OLSEN: Okay. I think those would be the main ones. I think I am forgetting one, but I don't regard it as large. I think the best-case scenario is that it would improve the program slightly. It has its flaws, but I think this is a very fine program. Mr. Clay. I just wanted to hear your thinking along those lines. Ms. Turner, you talked about portability of vouchers by region. Let me ask you out of ignorance, could HUD institute this policy now? Ms. Turner. I think HUD could be doing a lot to encourage the housing authorities in a region to collaborate with each other more effectively, to share waiting lists, to share application forms, and to streamline the process when families want to move from one jurisdiction to another. But HUD could go further. It could launch a demonstration inviting a regional institution in a metropolitan area to test the effectiveness of region-wide program administration, really assuming the responsibilities that are currently performed by individual housing authorities. Mr. Clay. You also raised the concern that States could use the block grants for untested methods. I guess that is somewhat sounding the alarm, that it could be a disaster to do this. Ms. Turner. Yes, I think it could. Again, unlike TANF where we currently have no evidence on what would happen if there were time limits, what would happen if subsidy levels were reduced, what would happen if other cost saving restrictions were imposed on this program. We can make some assumptions. I think those kind of changes in the program would undermine landlord participation, undermine families's ability to move to neighborhoods of their choice, and leave working families living in unaffordable housing without the assistance they need to pay high rent levels. Mr. Clay. Thank you. Let me ask for the entire panel, if you could each approach this question and try to come up with a response. Why are we going to take a successful program, send it to the States, and create problems for systems that are not adequate to administer the Section 8 program? If you could just start on that end and give it a shot. Mr. Egan. Mr. Clay, thank you. Let me just build upon my earlier comment and speak mainly from my experience at the local level in Fairfax County. We have found that the kind of things that make for a successful program at the local level are a high degree of landlord participation, the opportunity to increase utilization rates, to provide mobility counseling and other kinds of supports that happen at the local level. We don't see the State adding value to those activities. We do not understand why putting the decision making power in Richmond would make the program work better in Fairfax County. Mr. Clay. And that relationship is derived from the local PHA and the Federal government. Mr. Egan. I cannot imagine why a landlord in Fairfax County, who we work with very carefully and closely and supportively, would be aided and helped and encouraged to participate any better in the program by someone in Richmond developing that relationship. Mr. Clay. Thank you. Mr. Husock? Mr. Husock. Before Governor Thompson of Wisconsin became HHS Secretary and initiated his welfare to work program, we didn't know what the results of that were going to be either. So if we were to initiate adjustments in the Section 8 program based on encouraging long-term self-sufficiency and upward mobility, and to do it on a waiver basis as was suggested by Dr. Khadduri, I believe, such that the default would be on the States to demonstrate that there was a reasonable chance and they had thought their innovations out in a rigorous way, I don't think there is any reason to presume that we are courting danger. Again, we saw experimental, I guess that is a politically incorrect word here, work pre-TANF. And we can see the same kind of thing again on a waiver basis, nothing precipitous, but I think that there is no reason to presume that States are going to follow it up. Mr. Clay. But Mr. Husock, this is not a debate about TANF. I think the jury is still out on that. I mean, so what? We have dumped people off of the TANF rolls, and we do not know what has happened to those people. We don't know what their plight is. Some have been successful, but not all. So let's not compare TANF to HANF because I do not think it is similar. I really don't. Because I am running out of time, I would like to go to Mr. Katz, and thank you for your answer. Mr. Katz. When I was in the government, what we used to call this kind of proposals was an ``OMB special.'' [LAUGHTER] This is a proposal that from my perspective is designed to cut the budget over time, to de-couple funding decisions from market pressures, from rent increases, and basically push the problem down to state governments, which obviously at this point in time are under dire fiscal stress. So I think we know what ultimately is behind this kind of proposal. Mr. Clay. Thank you. Ms. Khadduri? Ms. Khadduri. I guess I differ from Mr. Katz in that I am willing to assume that those who have proposed administration at the State level do so out of the best of motives, rather than out of the worst of motives. I do think that consolidating the administration of the program at the State level could make it a great deal more efficiently operated. As I said in my testimony and I have enlarged on it elsewhere, the program really has become a crazy quilt of lots of tiny little administrators of programs and of overlapping jurisdictions within a metropolitan area. Sometimes the city and the county administer vouchers in the same place. It does not make any sense, and it does get in the way of effective program administration because landlords do not know what the rules are since they are dealing with two different housing authorities. Families don't know which waiting list to get on. I also think that the possibility for coordination of goals and processes for linking the voucher to other social programs is something that really ought to make us consider state-level administration. For example, programs for people with chronic mental illness and with developmental disabilities, by and large those policies are created and implemented at the State level. This is a population that uses the voucher program a great deal, but it has been difficult to serve that population as effectively as it might be with vouchers because of the disconnect between the local administration of the vouchers. Mr. Clay. And after all of that having been said, will you take into consideration the dire financial straits that our States are experiencing now, and you still have confidence that they will be able to administer this program in a manner where they will not go in and try to manipulate that funding for other areas. Are you still confident that the States are capable of doing that? I mean, look, these States are really dying on the vine. They are in big trouble financially. And yet you are confident we can give them this block grant and that they will focus all of that funding towards Section 8 programs, especially those States that do not have any experience in housing? I know my time is up. Ms. Khadduri. As I said before, I think this should be a voucher program. I think the use of the program should be limited to tenant-based assistance, either rental assistance or homeownership assistance, but that States should not be given broad flexibility to use the program for other kinds of housing-related things. Mr. Clay. Thank you, and I am sorry for going over, Mr. Chairman. Chairman Ney. We are overtime on this one, I wanted to note. Mr. Davis? Mr. Davis. Thank you, Mr. Chairman. I thought we were at the NBA 5 minutes for a second, and not real-time 5 minutes. Mr. Husock, I was a little bit tempted to start with you earlier, but my friend from North Carolina, Mr. Watt's, effort at salvation only got you to purgatory, so I am going to leave you alone at that point. What I do want to do, though, is start with Dr. Turner. One of the observations that you make, Dr. Turner, I suppose is somewhat related to some of Mr. Husock's observations. It is the fact that, whether it is racially based or whether it is based on some kind of class stigma, you name the basis of the stigma, there has been an effort on the part of some people to stigmatize the program, and certainly some communities have reacted perversely or negatively to Section 8 people ``coming into the neighborhoods.'' Can you talk for a second about how we can grapple with that problem? How we can deal with the problem of better educating people about Section 8? Because I think, number one, there is enormous misconception about it. I think Ms. Waters's point is certainly accurate that the majority of people in the program are members of, I hesitate to say majority, because I guess that would vary from State to state, but certainly a large number are white or Caucasian. That is a common misconception about the program, that it is mainly blacks or Hispanics. Another common misconception about the program is that a significant number of people on it are on welfare. Even by Mr. Husock's account, it is only 28 percent. So how do we grapple with some of the various stereotypes and misconceptions that do exist around this program? Ms. Turner. Thank you. I think that is an important challenge for the program, to overcome the stereotypes in receiving communities and also the stereotypes among landlords. In general, families who receive Section 8 vouchers have been quite successful in getting access to neighborhoods all over the metropolitan area. The program does not result in very much clustering. There are some exceptions to that, and those exceptions are cause for concern, but they are the exception, they are not the rule. Our research suggests that when that kind of clustering occurs, it is because of the persistence of race-and ethnicity-based discrimination and segregation in housing markets. It is because so many doors are closed to voucher recipients that they end up becoming clustered, often in the few neighborhoods that have not slammed their doors. Mr. Davis. Let me ask you a larger question, if I can take advantage of a chance to get into a slightly broader area, we recognize that there is an enormous amount of discrimination that still goes on in housing in this country, and the consequence of it is that our schools are re-segregating. Another consequence of it is that successful programs such as this end up getting stigmatized. How do we, as a practical matter, deal with that larger issue of integrating our neighborhoods in the context of using this kind of a program? Can you talk about ways that we could possibly better use Section 8 to accomplish the goal of integrating neighborhoods? Ms. Turner. It is obviously going to take more than the Section 8 program to win the fight against segregation and discrimination. But of all our housing programs, Section 8 offers the most in this regard because it gives individual families the freedom to choose where to go and it lets one family at a time make a neighborhood choice and move into a neighborhood. When the program is used effectively, families of all races get a chance to look at the neighborhoods available to them; neighborhoods where they are race predominates; neighborhoods where they would be in a minority; look at them and decide is this the neighborhood that offers a better life for me and my children. When the program works well, they get help making that move and an effective housing authority would be reaching out to that receiving community, not sending up alarm bells if there is somebody new moving in here, but watching and being ready to help that family and help the community overcome any challenges of misunderstandings that might arise. Mr. Davis. Let me turn to a slightly different question in the time that I have left. There are at least two or three of you on the panel who have expressed some sympathy with the idea of decentralizing this program, if you will. I am not quite sure that I understand that argument. Number one, it is already a program that is decentralized. It is primarily administered at the local level as it is. I could see it if we were talking about a Federally administered program that you wanted to devolve into the local communities. This is, in effect, a locally administered program that you want to shift back up to the States. It is kind of the opposite of the usual Federalism thrust. Let me ask those of you who are sympathetic to the goals of HANF, why not simply find ways to strengthen our local housing authorities, which seems to me to be a slightly more rational response to this problem? Mr. Husock. I actually have some sympathy with that point of view. I think that HANF seems to be the vehicle, candidly, that could serve to practically become a means to adopt some changes in the program. But as I pointed out in my testimony, in Congressman Watts's home town of Charlotte, I think the housing authority there is doing a great job, because you happen to have an executive director who was bold and willing to experiment and not afraid of getting called names for trying out a voluntary time limit. If more housing authorities were encouraged to act in those directions, that I think would be a very positive thing. So I do not rule out the idea that housing authorities can do a good job. It just seems to be as a practical matter, we are more likely to get quicker change by aligning social and housing policy at the State level. Mr. Davis. If the chair would give me an additional minute or so let me try to make one additional point that I do think comes to mind as I listen to a lot of you. There is talk from at least some of you about the utility of putting this program in the hands of the States, and you are making the usual arguments about experimentation and about innovation. I think we have heard all those arguments before. One thing that strikes me as being very different, though, is the complete absence of standards that HANF would contain for what makes for a successful program. It is one thing to say to the States, go forth and innovate, go forth and create, but we are not giving them very many standards. Mr. Husock, you just outlined the kind of local program that you think works. That is well and good. The problem is that HANF does not do a very good prescriptive job of saying this kind of program works or that kind of program doesn't work. So I will just close with this observation that if we are even going to seriously consider as a committee and as an institution adopting HANF, which I hope we don't, but if we are going to consider doing that and if we are going to consider making these kinds of changes, it strikes me that we have to at least staple some genuine standards onto the administration of Section 8. Otherwise it will become simply survival of the fittest and that will not be a good thing for a lot of people dependent on this program. Thank you, Mr. Chairman. Chairman Ney. Ms. Velazquez is next, but Mr. Scott, did you have a comment? Mr. Scott. Yes, I just had one point I wanted to make right quick. I appreciate your giving me my time. The other point I wanted to discuss was that it just concerns me, of all the things about this move, is the move to the States. Let me tell you why. I served in the State legislature of Georgia for 28 years, served 20 in the senate, and all of those years on the Budget Committee. One of the things that bothers me about this is there is no cry coming from the States of ``give me this program.'' Many of them said they really don't want it; many of them are not equipped to handle it; they have no housing experience; there are no housing authorities there. The other thing is, these are block grants going down to States, many States of which have constitutional amendments to have balanced budgets, which means quite frankly that if those funds are not dedicated, the only way they can be dedicated is to come with laws that the legislature will pass that they cannot be touched. None of those things are coming with this. This is money being given. So we really have some very fearful concerns that have not been addressed that to give this program to the States is just like throwing red meat out into the lion's den, to paraphrase a word. Mr. Davis. Would you yield for a second, Mr. Scott? Mr. Chairman, if you will just let me make one brief follow-up point. Chairman Ney. I will note that it will be on Ms. Velazquez's time. Mr. Davis. I can do it in 20 seconds, Ms. Velazquez. Chairman Ney. I will give you 10.5 seconds. Mr. Davis. Okay. One of the things that really keeps occurring to me is that whenever we talk about transferring these responsibilities to the States, has anybody ever bothered to ever poll the Governors or the Governors Association to ask them if they want these things? Those of you who are advocating that, has anybody even bothered to poll the Governors Association and ask them? Okay, I read that as a no. Thank you. Mr. Scott. That is my point. Chairman Ney. We will turn to the gentlelady from New York who has extended time. Ms. Velazquez. Thank you, Mr. Chairman. Mr. Husock, I am sorry to have missed the earlier questioning of this panel. I understand, however, that several of my colleagues addressed negative implications and the tone of your testimony. I am glad that I went to another meeting so that I took some fresh air. I really was outraged by your testimony and your subjectivity. I resent the fact that we invite witnesses who can come here, read a Statement such as yours, and then say that those things cannot be attributed to you because these are words of other people. I don't know if what you wrote quoting other people was true or not. Anyway, so let's discuss not what you are attributing to other people what they said, but let's discuss part of your testimony that can be attributed to you. You advocate time limits on short-term assistance to enable long-term reliance. Approximately 70 percent of people on vouchers are already working. How will terminating their assistance help these families to improve their situation and achieve self- sufficiency? Mr. Husock. My concern is the formation or, candidly, is inviting more people to participate over time by encouraging the formation of new households that are in need. I am hopeful that if we had a time limit, and maybe it should be a time limit for new households, for new enrollees, because we should not change the rules in the middle of the game. I take the point. If we can set the rules such that those who are enrolling in the program now understand, and this is how it was done in Charlotte. In Charlotte, the time limit was linked up with HOPE VI and those who were entering the HOPE VI program projects, they said, okay, this is a really good new unit and we think that in order to enroll in this program and to move into this, you ought to think about a five-year voluntary time limit. That is the way that Charlotte proceeded. I think that is really a national model. I am not endorsing a blanket time limit. I am saying we ought to look to the States to experiment. If States in their wisdom under the guidance of elected officials such as yourself think it is precipitous to move people off of Section 8, and we don't really even have data, by the way, on how long people stay in Section 8. HUD is not keeping that data and disseminating it, to my knowledge, so it may be that most people are not even on the program that long and it would not even be that big of a change. But it would be a big change for people who are coming into the program for the first time. I think a voluntary time limit or perhaps a mandatory time limit under some States's or localities's aegis is worth trying in a well-evaluated way, as Dr. Khadduri has said. Ms. Velazquez. Mr. Olsen, I am intrigued by the proposal that you set out in your testimony to have PHAs success rate determine rates to which they can over-extend vouchers. How would you handle the potential problem of more families finding a home than there are vouchers available? Who then decides which family gets the voucher? What would you do to make up the time lost to the family searching for a home, only to be denied a voucher? How would you compensate the landlord for any income lost as a result of potential tenants who were turned away believing the voucher holder would move in? Mr. Olsen. I think that we should expect that everyone who is offered a voucher would use it. We have had an Entitlement Housing Assistance Program. We tried it during the experimental housing allowance program, an entitlement program, the participation rate was less than 50 percent. Those vouchers were much less generous than the current vouchers. Their cost was about $3,000 a year, rather than $6,000 a year in today's prices. It is often said, people afforded vouchers can't find a unit. It is not that the unit is not there. The units are there. It is a question of how much incentive people have to find them. And when you had an entitlement program, many people chose not to, some of them went out and searched and simply could not find a unit within the amount of time they were willing to devote to it. But these were largely people who were eligible for the smallest subsidies. People eligible for very small subsidies just decided they were not going to do it. That has been found in the Section 8 voucher program. The participation rate is highest among the poorest people. Why? Because they receive the largest subsidy for finding a unit. Ms. Velazquez. But let's take New York, for example. Mr. Olsen. Yes. Ms. Velazquez. There are almost 100 percent of vouchers being used, and then the units are not there. Mr. Olsen. Well, the units must be there if all of the vouchers are used. Are you saying all of the people are getting into units? Ms. Velazquez. What I am saying is we are facing a housing crisis in New York City, and the same way in Los Angeles and other urban cities across the country. Mr. Olsen. Usage is not going to be a problem, certainly in the current situation, because there are about 30 times as many families eligible for vouchers who already live in units that meet the program's standards as there are vouchers to allocate. In the current situation, there can never really be a problem of using all of the vouchers. This is a matter of mismanagement. When they are not used, in my book it is a matter of mismanagement by local housing authorities, not adjusting their over-issuing of vouchers to the success rates they have actually observed. It is like college admission officers. If college admission officers did as poorly as some of the housing authorities, not all of them, as some of them, they would not be around. They would not have the job that much longer. So I view low utilization rates as a failure of administration by local housing authorities. Ms. Velazquez. Thank you, Mr. Chairman. Chairman Ney. Thank you. Ms. Waters, any additional questions? Ms. Waters. If I may, Mr. Chairman. You have been very generous and gracious with your time. We did not have an opportunity to delve into this idea that somehow this housing program could teach morality. I am really concerned about the thinking that we encourage with Section 8 single-parent families, by giving women, single-parent women housing, somehow we support the idea that they are not married, or we support the idea that they are having babies out of wedlock. I am very bothered by that. Let me ask, what would you suggest we do with single-parent households that need housing, that qualify for housing? How would you develop a policy that would encourage them to get married, if that is some kind of value that you think should be inserted into this policy? How would you do that, Mr. Husock? Mr. Husock. I meant to point out just the figures speak for themselves, that the largest group of those who receive Section 8 housing vouchers are single-parent families, especially among non-elderly, non-disabled. So I think it is a program that addresses that group, I think that is incontrovertible. My thought was that if for new enrollees particularly, over time they had the sense that this was a declining subsidy, perhaps not a precipitous cut-off, but a decline over time, again something that jurisdictions can consider, then they would make life choices, maybe they would say, gee, the rent is going to go up and if I want to buy this unit, maybe it is worth thinking about whether I want to make some kind of a lifestyle choice that would have some sort of co-household head. This is a category of HUD's too. Ms. Waters. I am sorry. I want to make sure I understand your Statement. It was kind of couched in some interesting language. You are saying that find somebody with enough money to help you pay the rent and get married. It is an economic decision? Mr. Husock. I am suggesting that financial incentives could play a role, sure. Ms. Waters. That is very interesting. Thank you very much. Chairman Ney. A question I had, and I want to get to the second panel, but a quick question I had, Mr. Katz, you were talking about urban metropolitan areas and some consolidation. Do you have any thoughts about the smaller areas where you have 30 or 40 vouchers, you know, rural or small areas? Mr. Katz. I think that is an interesting question as to who ultimately should bear responsibility for administering the program in non-metropolitan areas. Perhaps that is where the States should play a role. Now, some of those smaller areas are obviously right at the fringe of metropolitan areas, directly in the path of growth. From my perspective, I would consider them to actually be part of the metropolitan areas, even if they are not defined as such. I still think the question of who administers is different from the question of how the funding arrangement is set out, and all the other programmatic restrictions and issues that have been discussed today. So I think this question of who administers is separate from some of the programmatic issues that have been discussed. That is why, from my perspective, the HANF proposal, whether it is for an entire state or just for non-metropolitan areas, is very troublesome. Chairman Ney. Thank you. I want to thank the panel. I think you have been a tremendous panel and I appreciate your time here up on the Hill. Thank you. Panel two can come forward, thank you. We had panel one and panel two, and we moved to panel three. [LAUGHTER] Let me just introduce the witnesses. Sheila Crowley is President and CEO of the National Low Income Housing Coalition. She is a member of the board of the National Housing Trust, the Poverty and Race Research Action Council and the Technical Assistance Collaborative. Dr. Crowley lectures widely on the issues of social policy, social justice and legislative advocacy. Welcome to the Hill. Henry Marraffa, Jr., has served on the Gaithersburg City Council since 1995. He is testifying today on behalf of the National League of Cities, where he serves on the Community Economic Development Steering Committee. Ann O'Hara is a co- founder and Associate Director of the Technical Assistance Collaborative in Boston, Massachusetts. Previously, she served the Commonwealth of Massachusetts as the Assistant Secretary for Housing and Director of Rental Assistance Programs. John Sidor has 25 years of experience in the housing and community development field and is currently a public policy management consultant. He is also adjunct faculty member in the graduate program of strategic leadership at Mountain State University in Martinsburg, West Virginia. I want to welcome the panel. Thank you for your indulgence of the time waiting. We will begin. STATEMENT OF MS. SHEILA CROWLEY, PRESIDENT, NATIONAL LOW INCOME HOUSING COALITION, WASHINGTON, DC Ms. Crowley. Chairman Ney and Ranking Member Waters, thank you very much for the opportunity to testify today on the housing voucher program. I am Sheila Crowley. I am President of the National Low Income Housing Coalition and I am representing our members who share the goal of ending the affordable housing crisis in America and who have substantial experience with and expertise on the housing voucher program. We understand the program's value, its issues, and its challenges. We have advocated with Administrations and Congresses of both parties to expand and improve the program since it began in 1974, which coincides with the founding of the National Low Income Housing Coalition. We consider the housing voucher program to be a co-equal partner in what we see as the trio of solutions to the affordable housing crisis, that is production, preservation and income subsidies. We strenuously oppose the proposal to convert the Section 8 housing voucher program to a block grant. This committee has carefully studied the depth and breadth of the affordable housing crisis and has come to the same conclusions as many others that there is a serious shortage of housing units that are affordable for the lowest income households. The latest analysis of the affordable housing crisis is contained in the 2003 state of the nation's housing report issued by the Joint Center for Housing Studies of Harvard just this morning. I would like to request that copy of the report be placed in the record. Chairman Ney. Without objection. [The following information can be found on page 411 in the appendix.] Ms. Crowley. Okay. I think you will find this to be of satisfactory scholarly rigor. Despite housing being the one bright spot in an otherwise dismal economy, the Joint Center reports that three in ten U.S. households have housing affordability problems, and 14.3 million households are spending more than half of their income for their housing. Three-quarters of these are households that are in the bottom income quintile and the gap between the number of renter households in the bottom 20 percent of income and the number of housing units they can afford now stands at two million. Our assessment of the housing voucher program is that it is essential. It is largely successful. It should be funded at an increased level, and it is in need of reform. Problems that have inhibited voucher utilization can be grouped into three categories: administrative shortcomings, discrimination against voucher holders, and the lack of modestly priced housing stock. H.R. 1841 only addresses the administration of the voucher program and does so, in our opinion, in a heavy-handed and off- target manner. The rationale to block grant the voucher program to States in order to improve its administration fails to recognize substantial improvement in voucher utilization in the last two years, and indeed the information that we have gotten most recently from HUD is that the utilization rate is now over 95 percent. There are numerous reasons to reject this proposal. I have reviewed many of them in my written testimony. You have heard many of them from other panelists. But let me say that its greatest flaw is the failure to guarantee that the funding of the housing voucher program would keep pace with housing costs. States would be unable to continue to serve the same number of low-income people at the level needed to assure housing affordability, much less expand assistance to help the many thousands of people on housing voucher waiting lists. Protestations that erosion of the voucher program is not the intent of the proposal notwithstanding, the mounting Federal deficit and the corresponding debt that it will create will force harsh measures in the not-too-distant future. In the current fiscal environment, converting the housing voucher program to a block grant is best understood as stage-setting for future cuts to the program. There are several straightforward things that Congress can do to improve voucher utilization, some of which were in H.R. 3995, your omnibus housing bill from the last Congress, and in bills in the Senate. First, HUD has the option to reallocate unused vouchers from one administering agency to another, and Congress should require reallocation from communities that cannot use all their housing vouchers to those who can, and to the extent possible keep those housing vouchers in the same region. The threshold for reallocation should be quite high, a 95 percent utilization rate. Second, Congress should enact reforms that will incentivize owners of rental property to participate in the program, in particular making the inspection process more flexible and less time consuming for owners, a proposal that was detailed in H.R. 3995. And third, Congress should establish a housing success fund or other mechanism to help housing voucher holders find and access available housing with funds for application fees, credit checks, security deposits and the like, as well as supporting housing search assistance, outreach and counseling and those kinds of things. We know that some landlords decline to accept housing vouchers because they object to the people who are voucher holders. Congress should consider a testing program that would attempt to discern the extent to which discrimination against voucher holders violates Federal fair housing laws. Ultimately, the success of the housing voucher program does depend on the availability of safe and affordable housing. This committee came to bipartisan agreement last year on the need for some new form of investment in housing production. Many others have come to that agreement. So in closing, I would like to urge the committee to take up H.R. 1102, the National Affordable Housing Trust Fund Act of 2003, which now has 200 cosponsors in the House, at your earliest possible convenience. Thank you for inviting me here today. [The prepared statement of Sheila Crowley can be found on page 284 in the appendix.] Chairman Ney. Thank you. Next witness? STATEMENT OF MR. HENRY MARRAFFA, JR., COUNCILMEMBER, GAITHERSBURG, MD, ON BEHALF OF THE NATIONAL LEAGUE OF CITIES Mr. Marraffa. Chairman Ney, Ranking Member Waters, members of the subcommittee, my name is Henry Marraffa. I am a council member of the City of Gaithersburg, Maryland and a member of the National League of Cities, and I serve on the Community and Economic Development Steering Committee. It is my pleasure to be here today to testify on behalf of the National League of Cities and over 18,000 municipalities across the country, on the proposed changes to the Section 8 housing assistance program. Section 8 housing, also known as the Housing Choice Voucher Program, is a key part of the Federal government's efforts to addressing an ongoing national housing crisis through the private housing market. The NLC believes a radical change in the nation's largest low-income housing program will substantially damage a program that is effective in providing housing assistance to low-income families, the elderly and disabled individuals. H.R. 1841, the Housing Assistance for Needy Families legislation, poses significant threats to the success of the Section 8 program. In particular, the National League of Cities is concerned with specific provisions of the legislation that threaten, one, the overall level of Federal funding and the funding structure of the program; number two, the reduction in and constraints on assistance available to low-income families; number three, local control over housing programs; and number four, an increase in administrative burden. Currently, Congress adjusts funding each year based on changes in actual costs to ensure that housing agencies have sufficient funds to cover all the vouchers they have used. H.R. 1841 makes no provision for adjusting total block grant funding based on housing costs, general inflation or any other factor. The formula proposed would only consider housing costs to decide the percentage of the total funding provided for the block grant nationally that would go to each state, not the cost of the housing at the local level. If Federal funding falls behind the program's needs, States would have to contribute their own funds, which they sorely do not have right now, or scale back the programs. They will do this in a number of ways: by reducing the number of families that receive housing vouchers; by shifting housing assistance to higher income families; they also will shift rent burdens to families participating in the program; or limiting opportunities to use vouchers to escape the high-poverty areas. As things stand now, three out of four low-income families eligible for vouchers do not receive housing assistance because of funding limitations. In Montgomery County alone, where I live, we have approximately 62,000 residents who cannot afford the market rate of $1,180 for a two-bedroom apartment. Our voucher program has a waiting list that is currently at 4,370. Local flexibility is the key to the success of the Section 8 voucher program. Public housing authorities, with the cooperation of local governments, have a long history of administering the voucher program in a way that supports families and ensures accountability and protects the public's interest. For instance, in my city of Gaithersburg, the Housing Opportunity Commission of Montgomery County, with which we work, administers the Section 8 voucher program currently to 4,292 lease vouchers. That is a 96 percent utilization rate. We actually do not have enough vouchers. Finally, one of the most problematic aspects of the proposal is the State's ability to discriminate against sub- state areas. A state could shift vouchers from one community to another community; provide more administrative resources to one area to the exclusion of another; or even bar the use of vouchers in certain regions. This is politics at its worse. Such a discriminatory action would be detrimental not only to a local community not in good standing in the State, but also would ill-serve the overall needs of the low-income people living there. In conclusion, while the Section 8 voucher program has been successful across the country, the National League of Cities recognizes, along with most everyone else who has testified, that the program is not perfect. Perhaps some of the technical aspects of the program should be revisited by the experts who administer the programs. The National League of Cities is committed to assisting Congress and this administration in such a review. Local government and public housing authorities belong and should remain the front line to play a primary role. I would like to state for the record that the National Association of Counties, the National Association of Local Housing Finance Agencies, and the National Community Development Association share our strong commitment to local control and endorse the position of the National League of Cities as reflected in our testimony today and our written testimony. I would like to especially thank the Center on Budget and Policy Priorities and the Council on Large Public Housing Authorities for their technical assistance in preparing this testimony. I appreciate the opportunity to be in front of you all on behalf of the National League of Cities, and I would be happy to answer any questions at the end. Thank you very much. [The prepared statement of Henry Marraffa Jr. can be found on page 335 in the appendix.] Chairman Ney. I want to thank you. Next witness? STATEMENT OF MS. ANN O'HARA, ASSOCIATE DIRECTOR, TECHNICAL ASSISTANCE COLLABORATIVE, BOSTON, MA, ON BEHALF OF THE CONSORTIUM FOR CITIZENS WITH DISABILITIES HOUSING TASK FORCE Ms. O'Hara. Chairman Ney, Ranking Member Waters, and members of the subcommittee, I would like to thank you as well for the opportunity to provide testimony today on H.R. 1841. I do so on behalf of the Consortium for Citizens with Disabilities, a coalition of approximately 100 consumer advocacy provider and professional organizations who advocate with and on behalf of people with disabilities and their families. My work has been to expand access to Section 8 vouchers and other Federal housing programs for people with disabilities. My professional experience includes 6 years overseeing the Commonwealth of Massachusetts's statewide Section 8 program. The CCD Housing Task Force represents people with disabilities who have very low incomes, including three million who rely on Federal supplemental security income payments of $550 a month. They are participants in the program. They are on waiting lists for the voucher program, or they are trying to get on waiting lists. They live in institutions, in nursing homes, in board and care homes that are substandard, in emergency shelters, or at home with aging parents who don't know how the rent will be paid once they die. Two weeks ago, we released a study, Priced Out in 2002, which found that people with disabilities receiving SSI in the United States today need to pay 105 percent of their monthly income in order to rent an apartment at the HUD fair market rent. A deep housing subsidy like Section 8 is the only way to solve a housing affordability gap of this magnitude. In the past 8 to 10 years, the Section 8 program has become a lifeline for people with disabilities, particularly since more than 400,000 units of public and assisted housing are now designated as elderly-only. The CCD Housing Task Force is strongly opposed to the block grant proposal. We believe that a block grant modeled after TANF has virtually no relevance to people with disabilities or to elderly households or families that work, for that matter, who comprise the vast majority of Section 8 participants. We believe that Congress should continue to have the direct responsibility for ensuring adequate funding for all vouchers and for establishing Section 8 policies. And we believe that the Section 8 program should continue to be targeted to the most critical housing needs in our country today, those of extremely low-income people. We would like to point out a few specific concerns regarding the legislation. As others have said, the block grant is very likely to cap program expenditures as rents rise. As a result, the number of households inevitably would go down or the rent paid by the tenant would inevitably go up. Neither of these options is acceptable to the disability community. Second, with a flexible block grant, state administrators could easily redirect voucher funding away from people with disabilities to serve more popular political constituencies. They could implement time limits that would be disastrous for people with disabilities whose impairments are not subject to arbitrary time limits. And they could implement policies that segregate people with disabilities, rather than promote community integration. We strongly oppose new targeting policies in the legislation that would permit higher-income households, including those for people with disabilities above 80 percent of median income. There are other housing programs that can assist people at these income levels. Fourth, a block grant proposal would end the congressional strategy to provide Section 8 vouchers for people with disabilities who are no longer eligible to move into elderly-only buildings. It could also jeopardize 10,000 vouchers currently funded from the Section 811 appropriations. Finally, there is ample evidence that a State-administered block grant will not work; that the transition would cause chaos in a program that, despite its problems, continues to work well. Many States have not done a good job running Section 8. Many States do not want to administer a block grant program, and others lack the capacity to do so. Section 8 relies on an important third partner, the landlord. Any radical change proposed would prompt many landlords to sit on the sidelines. Tenants would also be uncertain about the future of their rent subsidy, a situation that would be disastrous for people with disabilities who have nowhere else to turn. We believe there are reforms and improvements which could be made to the voucher program. They have been mentioned by almost every speaker, like increasing local flexibility in setting maximum rents, flexibility that was actually in the program before Quality Housing and Work Responsibility Act was passed in 1998. We believe that vouchers should be linked more effectively to affordable units, especially accessible housing developed with HOME or tax credit financing. We believe that PHAs should be able to get access to voucher success funds for landlord outreach housing search and other costs associated with helping people find housing. Chairman Ney. I am sorry to interrupt, but they have called a vote, so if we can get a brief summary on yours because we might have some questions. Ms. O'Hara. In conclusion, Mr. Chairman, we would like to see Congress and HUD work together to seek solutions to these issues. Thank you. [The prepared statement of Ann O'Hara can be found on page 343 in the appendix.] Chairman Ney. Thank you. Mr. Sidor? STATEMENT OF MR. JOHN SIDOR, PRINCIPAL, THE HELIX GROUP, HARPERS FERRY, WV Mr. Sidor. Yes, thank you, Mr. Chairman and subcommittee members. I appreciate the opportunity to speak to you. Let me just simply summarize my comments and say while I think the voucher program is a pretty good program, and probably a key component of national housing policy, it has two flaws that I think make it less effective than it should be and over time will make it a less effective program particularly. And that is, we tend to put vouchers where there are relatively few jobs for people of modest skills and education levels, and vouchers tend to be used in isolation from other resources, particularly human development resources. I have prepared a Statement in which I elaborate on both these points. It shows an indication of where jobs are and where vouchers are, and the disconnect, and shows some examples of state administration. Twenty-eight States administer the program, having an average voucher administration of 6,600. I think their networks of delivery systems really can overcome both these issues of providing vouchers where jobs are and using vouchers in conjunction with other resources. Therefore, I support the idea in concept of a State- administered voucher program, not a HANF program, but a State- administered voucher program in which States have the option to administer the program, modeled something like the CDBG program. Is that a quick enough summary? [The prepared statement of John Sidor can be found on page 388 in the appendix.] Chairman Ney. Thank you. I will be very quick because of the series of votes. I want to ask Ms. O'Hara, did you say 105 percent of the income level for a person who has a disability? Ms. O'Hara. Yes. That is the national average. Chairman Ney. You mean 105 percent is paid for the apartment? Ms. O'Hara. It would cost 105 percent of the Federal SSI monthly payment to rent an apartment priced at the one-bedroom fair market rent. Chairman Ney. We would like to pursue that further, just because the average is 30 percent, if a person does not have a form of a disability. Ms. O'Hara. That is right. Chairman Ney. The question I wanted to ask Ms. Crowley, is there anything that you think needs changing? I read your testimony, so I am clear where you are at on Section 8. Are there some ideas you would have that things do need changing within the administration of this program? Are you saying we keep it right as it is? Ms. Crowley. I certainly think that there are ways to make the administration more efficient. For example, authorities that have a small number of vouchers, could create some sort of consortia. That would make more sense. I certainly think that the work that Bruce Katz has done on metropolitan understanding of regional areas contributes to understanding how it is that housing markets work, and that if housing authorities could in fact come together and figure out how to do regional administration, that would make a lot more sense than a lot of this overlap. On the small ones I live in this little city of Fredericksburg, Virginia. The State of Virginia administers the voucher program for about 40-some different small jurisdictions that do not have their own housing authorities. Three of them were together in Fredericksburg and surrounding counties. It was very inefficient. And so those three jurisdictions came together in and of themselves, made the decision to do it on a regional basis, contracted with a nonprofit that was doing other kinds of housing programs, building housing with tax credits and those kinds of things, but has housing expertise, and got the Virginia Housing Development Authority to agree to that, made a proposal, and that is going very nicely. So there are certainly lots of options that are available and that I think we should encourage them as much as possible Chairman Ney. Thank you. The gentlelady from California? Ms. Waters. I am fine, Mr. Chairman. There is one thing that I have not given enough thought to, but I want to, and that is support for landlords. I want to find out the problems that are associated with the landlords and why some do not want to accept vouchers, and see if the bureaucracy has grown so much that it is discouraging them, and see what we can do; see if there are any real problems there. That is one area I am going to pay a little bit of attention to. The other is automatic. We support the program as it is and are opposed to moving this to the States. The one area where I think we can do something is working with landlords. Ms. Crowley. If I may, that certainly was an area that was addressed in H.R. 3995 last year and that could easily be incorporated into a much less drastic piece of legislation. Chairman Ney. Thank you. Mr. Sidor, one quick question or clarification. You support block granting it, but you do not support HANF? Mr. Sidor. I think that is true. I think that they should have the option of administering a flexible voucher program, not HANF as proposed in the legislation. Chairman Ney. Thank you. The chair notes that some members may have additional questions for the panel which they may wish to submit in writing. Without objection, the hearing record will remain open for 30 days. Hearing no objection, it is open for 30 days for members to submit written questions to these witnesses and place their responses in the record. With that, we will conclude the hearing. I want to thank you for your time on the Hill. [Whereupon, at 4:54 p.m., the subcommittee was adjourned.] THE SECTION 8 HOUSING ASSISTANCE PROGRAM: PROMOTING DECENT AFFORDABLE HOUSING FOR FAMILIES AND INDIVIDUALS WHO RENT--DAY 4 ---------- Tuesday, July 1, 2003 U.S. House of Representatives, Subcommittee on Housing and Community Opportunity, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to call, at 10:30 a.m., at the California Science Center, Los Angeles, California, Hon. Robert W. Ney [chairman of the subcommittee] presiding. Present: Representatives Ney and Waters. Chairman Ney. I want to say hello to all the witnesses and everybody in the room. And this is a--I think it's the fourth hearing on the issue of the Subcommittee on Housing and Community Opportunity. My name is Bob Ney. I'm a Congressman out of Eastern Ohio, I'd like to introduce someone, who is no stranger to anyone in this room, Congresswoman Maxine Waters of California. And this is the Section 8 Housing Assistance Program. And today the subcommittee continues its efforts to examine the current operation and administration of the Section 8 Housing Choice Voucher Program and review various proposals intended to make the program more efficient and cost-effective. Voice. Excuse me, sir. Your volume needs to go up a little bit. I can't hear you. Chairman Ney. Okay. We'll do that. Usually there is a lot of hot air that comes out of Washington. Just need to direct it to the microphone. And again, this is the fourth hearing in the series and the first field hearing on the Section 8 program. So we're very happy to be here for the first hearing outside the Capitol. Michael Liu, Assistant Secretary of Public and Indian Housing Department of Housing and Urban Development testified at the first hearing on May 22nd, 2003. On June 10th, the subcommittee heard testimony from representatives from tenant organizations, landlord and development organizations, large and small public housing agencies, and the State housing finance agencies. On June 17th, the subcommittee heard witnesses from the academic community and advocacy groups from around the nation. Since the 1970s, rental vouchers have been a mainstay of Federal housing policy. Currently the Section 8 Housing Voucher Program supplements rent payments for approximately 1.5 million individuals and families. While the concept of the program remains sound, the program has often been criticized for its inefficiency. More than a billion dollars is recaptured from the program every year, despite long waiting lists for vouchers in many communities throughout the United States. The rising costs of the Section 8 program and some of the administrative concerns have caused many in Congress and the administration to conclude that the program is in need of reform. Among the reforms that have been discussed is the administration's proposal to replace Section 8 tenants' housing vouchers with the State-managed blocked grants. I have introduced this bill upon request of the administration. And for those of you not familiar with the ``upon request,'' it throws the bill out for discussion. And as Chairman of the subcommittee, I've agreed to do that so we can discuss this issue, both in the Capitol and across the U.S. Rather than contracting with the estimated 2,600 separate public housing authorities, as HUD currently does, the department, under this provision, would allocate funds to the 50 States, which could then work with public housing agencies or other entities to administer the voucher program. As well as examining the merits of this proposal, the subcommittee continues to discuss other avenues for reform. And I would also encourage people, if they are not in support of this proposal, to also give us ideas if you feel there are needs or ways to reform. This afternoon our two panels consist of government and nongovernment experts from the Los Angeles metropolitan area on the Federal government's primary program addressing the housing needs of low income renters, Section 8. I look forward to hearing the different perspectives and would like to welcome all of our distinguished witnesses as we discuss voucher utilization in the high cost areas, such as Los Angeles, and ways to improve America's communities and stressing housing opportunities for all citizens. I just want to say, before deferring to my colleague, that I appreciate the work of Congresswoman Maxine Waters, both within the U.S. Capitol, Washington, D.C., and also outside on many issues, not just this particular issue. We've been able to pass a couple significant pieces of legislation out of the housing subcommittee on a bipartisan basis. And I just appreciate the time that she has spent. And this is the recess, and she's dedicated two solid days to issues here in California. So it's been a great working relationship. [The prepared statement of Hon. Robert W. Ney can be found on page 468 in the appendix.] Chairman Ney. And with that, I'm going to defer to our ranking member, gentlelady from California. Ms. Waters. Thank you very much, Mr. Chairman. I'd like to welcome you all to this very important hearing that we are having here today. But I'd like to say a very special word of thanks to my colleague, Chairman Ney, for coming to Los Angeles and holding this hearing. As he mentioned, this is the first field hearing that has been held in this Congress. He took time from his break to be here. He could be in his own district, or he could be taking a vacation, like many of the rest of our colleagues are doing at this time, but he honored my request to be here. And I'm very appreciative for that, and I welcome him. Yesterday we had a most important hearing on the Community Development Block Grant Section 108 Loan Guarantee Program in the City of Los Angeles. So this is his second day here where he has spent hours yesterday, and will be spending hours today, dealing with these concerns that I have addressed and asked him to come out for. Let me just say that we are concerned about how we can use our positions to get something done in this country. This is a bipartisan effort, looking at CCG and Section 108 and housing funds that we send from the Federal government to our city in an attempt to make sure they're utilized in the best way possible. On Section 8 he certainly did not have to do this, because he was asked by the administration to carry it, to put it out there so that we'd create the discussion. He certainly didn't have to hold this hearing today. But I'm very pleased that he is doing it. And I think working together we may be able to provide some leadership for both of our caucuses and to this administration about Section 8. With that, I'm going to turn it back over to you, Mr. Chairman, to call on your witnesses. Chairman Ney. Before we begin, behind us--why don't you raise your hand if you're staff of either side of the aisle, give them a round of applause. And with that let me just introduce the panel. Matthew Franklin, Director of the California Housing Community Development, Sacramento, California; Donald J. Smith, Executive Director, Housing Authority of the City of Los Angeles; third is Carlos Jackson, who was here yesterday, Executive Director, Los Angeles County Community Development Commission; also Larry Triesch, Assistant Deputy, Long Beach Housing Authority, Long Beach, California; Eugene Burger, Eugene Burger Management, on behalf of the National Leased Housing Association, Washington, D.C.; and Thomas K. Shelton, Partner, Greystar Real Estate Partners, and President of the National Apartment Association, and also appearing on behalf of the National Multi Housing Council of Phoenix, Arizona. I would also note to all the witnesses that the members may have additional questions for this panel which they may wish to submit in writing. Without objection, the hearing record will remain open for 30 days for members to submit written questions of these witnesses and place their responses on the record. Hearing no objection, that will be the format. Chairman Ney. The other thing I would note is we have a timer, and we would ask--and it will beep and that means you went five minutes. We would ask for five minutes. And now anything you have without objection will be submitted. If you have additional written testimony for the record. But if you could kind of try to hold to the timer for five minutes because we have a second panel we will make sure we'll finish. With that we will begin with Mr. Franklin. Welcome. STATEMENT OF MATTHEW O. FRANKLIN, DIRECTOR, HOUSING AND COMMUNITY DEVELOPMENT, STATE OF CALIFORNIA Mr. Franklin. Thank you, Chairman Ney and Congresswoman Waters, for the opportunity to testify today and thank you for holding this hearing in California. As you may be aware, prior to joining the Davis administration, I served in several senior positions at HUD from 1997 to 2001, and have seen firsthand the good work you both do on housing issues, and also have done a lot of work with your staff, Mr. Jones and Mr. Olson, two of the hardest working Hill staffers on housing issues. So we really appreciate you taking the time to get out here. Under Governor Davis' leadership, the State of California is leading the nation in providing state funding and programs to meet its citizens' housing needs. In his first term, the Governor appropriated over $500 million for the development of affordable housing. This amount is three times greater than any prior California Governor appropriated in their entire term. And then last year, the Governor, along with the legislature, and most importantly, the people of California, passed Proposition 46, which is a $2.1 billion bond to support development of affordable housing. This is the largest housing bond in the nation and the largest in California history. The Housing Choice Voucher Program is a key component of our efforts to meet the housing needs of low-income families. Last year the State received approximately 258,000 vouchers, which were administered by a network of 104 public housing agencies. The State of California, through my department, Housing and Community Development, also administers vouchers in 12 rural counties. We administer about 780 vouchers. Voucher assistance generally serves extremely low income Californians, those earning less than 30 percent of area median income. The average California household receiving a voucher has an income of less than $14,000. 55 percent of participants are families with children, many of them headed by a single parent, most often a single mother. 47 percent of those served are households headed by elderly or disabled persons. Despite a difficult housing market in much of the State, the California PHAs and the State have been generally successful in ensuring high utilization. The Statewide average utilization rate is 96 percent. And for the piece that the State administers, we currently have a 95 percent utilization rate. However, the State does face many challenges. We are, as I'm sure you're aware, home to 18 of the 25 highest cost housing markets in the country. In these areas, rents have been rising at double-digit rates for several years, and vacancy rates are well below 5 percent. When combined with the low production of new housing units during the 1990s, these factors make it difficult for voucher holders to identify housing at the prescribed program rents in high cost areas. However, our single biggest problem with the HCV program in California is woefully inadequate funding. According to the 2000 census, only 17 percent of California's low-income households are actually assisted by the program. In regard to HANF, the Davis administration is concerned that the legislation would eliminate the existing commitment to fully fund all authorized vouchers and accommodate renewal costs at the real rate of growth in rents. In my view, this is the single most problematic feature of the proposed legislation. As you know, under the current system, Congress is committed to renewing all existing vouchers, with an annual adjustment in funding that accounts for increases in program costs and rents. This system ensures that the number of families served does not decrease over time, and it is designed to empower program participants by paying a fair market rent for housing. HANF would substitute this system of safeguards for one that would simply block grant funds to participating States, with no specific commitment for renewal funding or annual increases. In the past, Congress has utilized the CPI or other like indices to facilitate annual adjustments for other similar state block grant programs. Using CPI for this program would be a disaster for the people of California. According to the Center for Budget Policy and Priorities, over the last several years rents nationwide have increased at a rate equal to more than twice CPI. In California, where housing costs are the highest in the nation, the gap between annual rent increases and CPI is likely to be even greater. HUD's own annual adjustment factors for project-based Section 8 in California indicate annual increases three to four times CPI in the past year. If program funding does not keep pace with rents, the number of Californians served by the program would steadily decline over time. The only way to offset this erosion in program funding would be to target the program to higher income families or to require participating families to pay a larger share of their income for rent, actions that the Davis administration does not support. The program funding mechanism prescribed by HANF also would appear to preclude the possibility of future incremental voucher funding, something that is desperately needed in California. By wiping out the Congressional commitment to fully fund voucher renewals and account for real program costs, HANF would, in my view, seriously undermine the Housing Choice Voucher Program. It would eliminate one of the program's most valuable features, its focus on serving extremely low income families, and it would create unacceptable hardship on participating families by substantially increasing their rent burden. There are many other ways to improve the current program without sacrificing this assured funding. I would join others who have advocated for funding for mobility counseling and assistance programs for voucher recipients; funding for aggressive landlord outreach, service and incentives programs wherein PHAs continuously recruit new landlords to participate in the program, and importantly, regional collaboration, something HANF does contemplate, or regional administration of the voucher program to help address administrative barriers to portability. Thank you very much for this opportunity. [The prepared statement of Matthew O. Franklin can be found on page 478 in the appendix.] Chairman Ney. Thank you. Chairman Ney. Mr. Smith. STATEMENT OF DONALD J. SMITH, EXECUTIVE DIRECTOR, HOUSING AUTHORITY OF THE CITY OF LOS ANGELES Mr. Smith. Good morning, Chairman Ney. Welcome to Los Angeles. Congressperson Waters, thank you and Chairman Ney for bringing the important work of the Congress to our city. My name is Don Smith, and I returned to be the executive director here in 1994. In 1975, I was the responsible manager for starting the Section 8 program at the Authority. Since the initial 1,500 certificate allocation, the program has tried to keep pace with the increased need for decent and safe housing. 70,000 households are on the waiting list, with 4,000 new households registering each month. 50,000 allocated Section 8 resources meet only a small portion of the desperate needs---- Chairman Ney. Move the microphone just a little closer. Mr. Smith. Sure--the desperate needs of these very low income and low income families seniors and the disabled. Just as the housing authorities in Ohio work closely together, so do we in Southern California, with programs tailored to meet local markets, local governments, and most importantly, close to the needy people we serve. The administration's HANF proposal, and you have heard most of the arguments in your hearings, promises to ease monitoring through 50 States, rather than 2,600 Section 8 providing local housing authorities. The proposal seems directed at the increasing outlay of the program. It would also give the States new policy and program flexibility. We do understand that it would have discretion on subcontracting. If I believe the program is broken at the service delivery level, I would support looking to a realignment of efforts to effectively house very low income housing persons. I do not believe that to be the case. Lease up in Los Angeles is 99 percent. This success is based on partnerships with 17,000 owners and numerous owner associations, which has resulted in more units being made available and in good condition. We support voucher holders with trained staff, other partner agencies and nonprofits in both their search and self- sufficiency and needs. Following earlier models like Project Build, we learned to integrate housing supportive services and job training to add value to the future of these families, hopefully we will continue to improve our support of voucher holders in their difficult task of securing decent homes. Besides continued operational improvements internally in the housing authority, how can we improve the program? Let me give just one brief example. This is a market-driven program and needs market flexibility, especially as the markets tighten and rents spike. When HUD reduced the basis for the FMRs to the 40th percentile in a declining vacancy market, followed by an unwarranted 14 percent cut to the FMR, it caused a long-term disruption to voucher holders and contributed substantially to the increased failure rate. Rent setting flexibility could have made a huge difference. No immediate rent mechanisms were available. By the time we had succeeded in HUD's lengthy approval process, the market and thousands of opportunities for voucher holders were gone. And finally, HANF seems like an idea whose time has not come. In the interest of continuing to serve local families, the elderly and the disabled, I urge you not to adopt the HANF proposal and to continue working with local jurisdictions and housing authorities directly. On behalf of the Board of Commissioners of the Housing Authority, as Chair, Ozie B. Gonzaque, I want to thank you for your careful evaluation at the hearings on this program. Thank you. Chairman Ney. Thank you, Mr. Smith. [The prepared statement of Donald J. Smith can be found on page 518 in the appendix.] Chairman Ney. Mr. Jackson. STATEMENT OF CARLOS JACKSON, EXECUTIVE DIRECTOR, LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION Mr. Carlos Jackson. Good morning, again. Yesterday I had the opportunity to testify on the Community Development Block Grant program and the importance to Los Angeles County. Today I'd like to really again express the importance of housing and impose the burden on the Federal government to deal with the real major crisis in Southern California. Therefore, I'd like to cover three areas in my testimony. One is to talk to about this legislative proposal. The second one is to discuss the proposal to cap and restrict Section 8 administrative fees, particularly how it's detrimental to managing public housing and also some of the things that we have done to make Section 8 a success in Los Angeles County. First of all, we administer 20,000 Section 8 vouchers in Los Angeles County. We--on behalf of six small public housing authorities, we manage their programs as well. We are the fourth largest local administrator in managing Section 8. 73 percent of our voucher holders are below 30 percent of area median income area. 24 percent are at 30 to 50 percent. So you can see that we're dealing with extremely low income residents. As Don mentioned, one of the key areas are our landlords. We have partnership with over 100--I'm sorry--10,000 property owners in our program. I'd like to announce as of yesterday, we are leased up 100 percent. We exceeded our annual budget authority by a few percentage, because again recognizing that this is a real tight real estate market, and rents are continuing to increase. Just for your information, in California there are over 300,000 vouchers. Between the city and the county, we administer 14.4 percent of those vouchers in the State. I'm sorry. Let me back up again. There's 300,000 vouchers in the State, which represent 14.4 percent of the nation's total. Between the county and the city, we represent 22 percent of the State's vouchers. So you can see that again, there is a major clientele in Southern California. There was reference to rent. The market rent for a two- bedroom unit in Southern California is $1300. The fair market rent that we are allowed to operate with is $967, and the gap continues to grow. Our vacancy rate in LA County is 4 percent, less than 4 percent. And the median price to purchase a home is over $300,000, where only 36 percent of the families in Los Angeles County can afford to purchase a home. So that number continues to increase over the period of time. As a local administrator when the proposal came out, my question: Was why? What is happening to stimulate this kind of a legislative proposal? It just doesn't make sense. Over the past years there have been gallant efforts made to lease up to 100 percent. There is a great need at the local level. I do not see inefficiencies, ineffectiveness. What I see is a great local partnership between landlords, tenants, the community and public agency to make this a real successful program, this in spite of all the real estate market conditions in Southern California. It is very hard to penetrate the rental market, but there is a real sincere interest on the part of landlords and property owners to participate in the program. To transfer it to the State would remove their ability to interact locally, and I would feel that they would be more isolated and alienated from being a good partner at this particular time. It would be very logical and very business like for them not to participate today. They could get more rents on the open market than participating in our program. But I have found out that there are quite a few landlords that are very sincere and have a commitment to the local community, and they want to participate and be part of the overall effort of providing affordable housing in Southern California. The other side on the performance issue is that lease up nationwide has increased. There has been much attention throughout the country to make this an ongoing successful program. So, therefore, I don't see why there is a need to change to this level. I would also think it would be very harmful to the program to try to think about transition during a time when many of the successes are occurring today. How long would it take to transition the program from the Federal level to the State level, particularly in times where many of the State are facing fiscal crisis? As you might be well aware, in the State of California the deficit is at $38,000,000. And today we still do not have a State budget for local government. So to think about the most meaningful protocol for affordable housing in a local community and to debate this at this time, I think is not right. And that's why what I was saying early on. It just doesn't make sense. Chairman Ney. The time has expired. Would you like to just summarize it and put most of your comments in the record? Mr. Carlos Jackson. Well, one of the reasons we're--I mean what we did to lease up to 100 percent, we had to go back and revamp our program, really look at streamlining things that we were doing that should not have been done, things that we could improve. But one of the most critical factors that we had was just to listen to landlords and determine what aspects of our program we could improve so they could feel comfortable and gain confidence in our ability to work with it. And I thank you for the time. Chairman Ney. Thank you, sir. [The prepared statement of Carlos Jackson can be found on page 488 in the appendix.] Chairman Ney. Mr. Triesch. STATEMENT OF LARRY TRIESCH, ASSISTANT DEPUTY DIRECTOR, LONG BEACH HOUSING AUTHORITY Mr. Triesch. Thank you, and good morning, Chairman Ney, Congresswoman Waters. I'm the Deputy Executive Director of the City of Long Beach Housing Authority. And I'm honored to have been invited to speak before you. And I'm pleased that you are seeking testimony with regard to the proposed block renting of the Section 8 program. The need for assisted housing in Long Beach is great. Of our 163,000 households, 25,000 of them are at 30 percent or less than median income. Our housing authority provides vouchers to a little more than 6,000 of these households. And many others are housed in privately owned, but publicly subsidized units. But there are still thousands of very low income households in Long Beach who are in need of housing assistance. As an anecdote, we recently opened our waiting list, and when, after presenting information on the application process at our local Cambodian community center, an older gentleman came up to me and asked: ``What if four families are all sharing the same house? Should they all put down the same address as their place of residence?''. To me that expresses the need for assisted housing better than a book full of statistics. And by the way, we did receive approximately 15,000 applications for the waiting list. So there is a tremendous need. We are a successful housing authority. We are 100 percent leased up. In fact, I got a report from my accountant yesterday, we're 101 percent leased up, which will cause me another problem, but that's not a bad problem. We are a high performer, according to the SEMAP scoring. We are always looking in ways--looking for ways to make our service more efficient and more attractive to the landlords, who are the one critical element to our program. Because we operate at the local level, we are able to partner closely with the apartment association, California Southern Cities, with our local Legal Aid Foundation, with the Fair Housing Foundation, just to name a few organizations. Because of partnerships such as these, we can provide good service to both our landlords and to our participating families. So we are very concerned that the proposed block granting of the Section 8 program could seriously impact the delivery of housing assistance to the families most in need. Two critical issues come immediately to mind, and you've heard these over and over again, and this morning as well. Number one, the program would no longer be a cost-driven program, but would become, instead, just a number, a dollar amount that could easily be reduced in tough times or not increased to keep up with the actual cost of housing. The second issue is just so obvious. If the State becomes the grantee, there is no way to know how the State will deliver the services. Will the State contract with the city of Long Beach Housing Authority? Will the State contract with the larger regional entity? And then what would happen to all the goodwill and the relationships built up at the local level to support landlords and the people we serve? And finally, as I understand it, one of HUD's stated goals is to end chronic aimlessness within 10 years. I think it's important to understand, as my friend Steve Ranahan, from the Housing Authority of the City of Los Angeles likes to say, that the Section 8 program prevents aimlessness. Most of the people that we serve are just one step away from being without a roof over their head. Each family we serve is given the chance to live in dignity, to live in a stable situation, where the kids can go to school and come home and have a place to do their homework. Each elderly person on SSI that we serve will have enough money through the month to purchase food for each meal. I know that there is a concern that the program is expensive. But if we want to help people pay the rent, I think the program will be expensive. I think there are ways that we could reduce the administrative costs a bit, given a bit of administrative leeway, regulatory leeway at the local level. I think that we could cut some administrative costs. I have examples. These are sorts of nuts and bolts that came out of my staff. For example, if we enacted a legislation--enacted a provision that would not allow landlords to increase their rent more than one time a year, we would serve energy and costs and money. If--currently we put landlords in abatement after 30 days when they fail to comply with our HQS requirements. If we said ``In 45 days, if you do not comply, the contract is terminated,'' we would save energy and we would save money. I think that the elderly should be recertified once every two years, rather than every year. And I think that we should tie the inspection process to the annual recertification process. I think that we should get rid of the 40 percent affordability limit. Let people make their own choices. There's lots of areas like this where we could work the program and save money administratively. In conclusion, I ask that you don't fix a program that really isn't broken. Thank you for the opportunity. Chairman Ney. Thank you very much. [The prepared statement of Larry Triesch can be found on page 548 in the appendix.] Chairman Ney. Mr. Burger. STATEMENT OF EUGENE BURGER, PRESIDENT, EUGENE BURGER MANAGEMENT, ON BEHALF OF THE NATIONAL LEASED HOUSING ASSOCIATION Mr. Burger. Chairman Ney, members of the subcommittee, my name is Eugene Burger. I'm President of Eugene Burger Management Corporation. We represent some of the tenants here. We've worked with a lot of the housing authorities and PHAs around the area right here in Los Angeles. Today I'm representing the National Leased Housing Association, whose members include both owners and managers of Section 8 housing, as well as housing agencies that administer the Section 8 voucher program. We appreciate the opportunity to testify on H.R. 1841 administration's block grant or HANF program. We urge the subcommittee to reject H.R. 1841. This is an unnecessary reform, because the Section 8 voucher program works quite well in its current form. In fact, the Section 8 subsidy has provided much needed rental assistance to low and moderate income tenants so they can live in safe and decent housing. I would like to discuss two important points regarding the administration's proposal: The effectiveness of the current system and utilization of the Section 8 vouchers. We feel that it isn't broken, and if it isn't broken, we don't need to fix it. However, under HANF, the State would receive block grant funds from HUD to fund Section 8 vouchers. The State may, but is not required to subcontract with housing agencies or other entities within the State to administer the block grant funds. Thus the State could choose to use these funds for other than housing purposes. Meaning that the public housing agencies would receive less funding than needed to administer the Section 8 vouchers. In a State such as California, where there is a substantial budget shortfall, it's highly likely that the block grant funds will be diverted to other programs at the State's discretion. And, because HANF provides that funding for Section 8 vouchers in subsequent years is tied directly to the amount of funds used the previous year, this diversion of block grant funds could, over a period of years, cause the public housing authorities to lose their funding for Section 8 vouchers altogether. Thus, we believe that block granting of Section 8 funds to the States could have disastrous results for affordable housing, and could have the long-term effect of eliminating Section 8 vouchers. HANF will only serve to widen the gap between the need for affordable housing subsidy and the amount of subsidy available. Again, the current system of delivering the Section 8 funding administration program is working fine. Utilization of the Section 8 vouchers in high rent areas, such as Los Angeles, we are somewhere in the 95 percent range right now. And if I heard correctly, we're getting close to 100 percent right now. So I think that that delivery system here is working very well. One of the important benefits of Section 8 vouchers is their portability feature. In theory, a Section 8 voucher issued by a public housing agency in Los Angeles to a low income family can be taken to any rental property, so that the family can live wherever they choose. This is a laudable goal, albeit unrealistic goal, due to limits imposed on the value of the Section 8 voucher. The reality is that FMR-based rent and the value of the voucher relegates the family to lower rent areas. And one of the things that we haven't talked about so far in this is, whether we like it or not, in California a number of properties are being converted from affordable housing to conventional housing. The vouchers are allowing a smooth transition in that respect. We are able to negotiate with local housing authorities for an annual period to carry over those tenants who are in place now and give them an annual--a year to find new housing, where they can take their vouchers. That's a very important feature that is currently in need of. The payment standards set by housing agencies are tied to the FMR. However, HUD established fair market rents are often not reflective of real market conditions, especially in places like Los Angeles where rents continue to rise. HUD has taken steps to rectify this situation in recent years by providing higher FMR's in certain markets, but often the FMR rents lag behind the actual rents in the area. When you compare actual comparable market rents to FMR's in high rent areas, you realize that the FMR's are not fair market. The result is that the voucher payment standard limits the value of the Section 8 voucher, which does not cover the owners' prescribed rents, which is based on actual rents. Ideally the housing agency should be able to set a payment standard relative to market rents in the area served. However, if the FMR standard is to continue to be used, PHAs should be able to set the payment standard at whatever percentage of FMR is necessary to accommodate that. Currently, the PHAs are allowed to go 110 percent and 120 percent over with HUD approval. In conclusion, HANF does not address the utilization of Section 8 vouchers and does absolutely nothing to improve the mechanism for delivery of the funding and administration of the Section 8 voucher program. On the contrary, by block granting the Section 8 voucher funds of the States where they are vulnerable to be siphoned off to fund state budget shortfalls, HANF stands to place the future of Section 8 vouchers in grave doubt. As mentioned, the current delivery section is alive and well, and we think it should be continue to be used that way. And I would support the idea of looking at some flexibility in the 40 percent cap rate. Also going to a move-in now for a new tenant. Give them 30 days. If there's an HQS problem, then fix it in 30 days or cut off the funding. Those are some of the things we could do. Thank you. Chairman Ney. Thank you for your testimony. [The prepared statement of Eugene Burger can be found on page 470 in the appendix.] Chairman Ney. Mr. Shelton. STATEMENT OF TOM SHELTON, CPM, GREYSTAR REAL ESTATE PARTNERS, AND PRESIDENT, NATIONAL APARTMENT ASSOCIATION, ON BEHALF OF NATIONAL MULTI HOUSING COUNCIL Mr. Shelton. Chairman Ney, ranking member Waters, my name is Tom Shelton. I'm a partner of Greystar Real Estate Partners, one of the largest privately held apartment firms in the country. In addition to that, I'm also the 2003 President of the National Apartment Association and a member of the National Multi Housing Council. Our combined memberships are engaged in all aspects of the apartment industry, including development, ownership, professional management and finance. It is my pleasure to testify on behalf of both organizations. NAA and NMHC commend you, Chairman Ney, for your leadership, and we thank the members of the subcommittee for your valuable work addressing affordable rental housing in America. We also commend HUD Secretary Mel Martinez and the current administration for their interest in improving the Section 8 Housing Program. We too believe Section 8 is critical to meet the housing needs of low- and moderate-income families, and believe that improving the existing Section 8 program is a central part of meeting those needs. Although it is well intentioned, we think the Housing Assistance for Needy Families Act of 2003, H.R. 1841, will not reduce the administrative cost to participating property owners, and will not maximize program benefits for residents, as it does not bring the program closer to conforming to conventional market practices. My testimony will first focus on how the Section 8 program works in tight housing markets since barriers to program participation can be particularly formidable in large, high- cost areas. For example, the Los Angeles City Council recently adopted an ordinance that effectively prohibits owners from terminating Section 8 leases, which in turn discourages them from joining the program for fear that they will not be able to opt out in the future. If an owner chooses to terminate a Section 8 lease and convert that unit into a conventional one, for the following five years the owner may only collect the portion of rent which the former Section 8 resident paid. Local property owners report that the new law has already contributed to a decrease in affordable housing stock, because they left the program in advance of the law's passage, and are not now signing new Section 8 leases. Owners also say they are frustrated with local program administration, and cite as an example that periodic inspections are not scheduled at specified times, so owners must wait for hours to meet inspectors. We propose the following recommendations to improve the Section 8 program. First, we would like to see enacted a more efficient process for PHAs to apply for higher fair market rents that are more reflective of submarket rents. We also propose to allow PHAs to raise the payment standard to 120 percent of FMR without HUD approval, and to request higher payment standards when necessary. FMR's must be set high enough to encourage owner participation, and, in turn, create a sufficient supply of apartments for voucher holders. We thank HUD for raising the current FMR level to the 50th percentile in 39 high-cost areas. That level remains insufficient in areas with outdated FMR's and in high-cost submarkets. In addition, we propose speeding up the move-in process by allowing PHAs to conduct individual unit inspections within 60 days after the resident moves in and payment commences. PHAs could also conduct building-wide inspections in certain cases. Alternatively, PHAs could initially inspect a representative sample of units in order to certify that a building is eligible and conduct regular periodic inspections thereafter. This approach would reward well-managed properties, allow PHAs to focus their scarce resources elsewhere, and all the while maintain resident safety. Finally, we urge Congress to continue to fund the existing program structure administered by HUD. Effective this year, Congress enacted changes to minimize recapture, and moreover, national utilization rates have risen to nearly 96 percent. That success should be recognized and the process supported. NAA/NMHC believe that the existing, successful appropriation structure, while not perfect, is working. We have considerable concern about the complexity of the proposed state level funding structure contained in H.R. 1841. I thank you for the opportunity to testify and wish to offer our assistance to the subcommittee as you continue your important work to improve affordable housing opportunities for low- and moderate-income families. [The prepared statement of Thomas K. Shelton can be found on page 512 in the appendix.] Chairman Ney. I want to thank all the witnesses for your thoughtful and good testimony. I have just a few questions. First would be directed to Mr. Franklin and to Mr. Jackson. Is there any merit to regionalizing Section 8 vouchers? Would there be any merit to the administration to regionalize versus a block granting to States? Mr. Franklin. You know, I would certainly concur with much of the testimony today, as to the value of the local PHAs being the front lines. I really do think the PHAs are doing a good job. In California, they have made tremendous progress and, at its core, Section 8 is a local program. However, I do believe that regional collaboration and cooperation could be a very smart approach to deal with some of the kind of sticky wickets here-- most particularly, the utilization rate issue. Currently there is discussion about moving vouchers between States; taking away from those who aren't using them, giving them to those that are. This has to be considered long and hard to make sure there aren't unintended consequences. But when you look at the performance on the regional level--and we ran some numbers, looking at the local authorities' utilization rates and combining them to get a county average, and the average county utilization rates looked very good, although an individual PHA may not be performing as well. Many are virtually right at 100 percent utilization, which shows, as you might expect, that housing markets are not necessarily consistent with city boundaries. You do need that cooperation across city boundaries and on the regional level. So I do think there be could some real potential in that area. Mr. Carlos Jackson. I support the same notion. To some extent we are already doing regional administration at the present time. We administer six, six small cities public housing, I'm sorry, the Housing Authority Section 8 Program. And we found that you can reduce and streamline the administrative process and have cost saving there, as well as developing a good working relationship with the landlords. I would support maybe almost to the extent, if you look at parallel to the community development block urban county side, where on behalf of small cities, we are administering their program. So there are streamlining measures that could be undertaken. Chairman Ney. Thank you. Mr. Smith, you mentioned about the voucher utilization rate. How did LA significantly increase its voucher utilization rates from low to very high? I'm just trying to see what lessons we can learn from LA. Mr. Smith. Well, we applied a complete reorganization. We did have to add staff. We added about 20 percent of our total Section 8 staff and reorganized them along the lines of supporting the residents in their search and owner outreach and streamlined the process of issuing vouchers the same day, in terms of verification, and a wide variety of approaches that were more responsive to the market. We formed what's called TESS, Tenant Empowerment Support Services, probably the best thing we ever did, because to actually go out with the tenants when they are negotiating the leases is a difficult task and worked particularly well between the leases--between the owner and the voucher holder. We conduct extensive orientations for owners on a regular basis. Every Saturday there is usually a lot of owners at the housing authority learning about the program. And we are very aggressive in terms of outreach to the owner associations. It's important to understand, in the City of Los Angeles of the 17,000 owners I mentioned, 16,000 of those owners are mom and pop owners. So you really have to do a lot of outreach, a lot of educating because they rely on their rent income on the 1st of every month to make their mortgages, keep up their property, pay their people. Chairman Ney. Thank you. Mr. Burger and Mr. Shelton, you both are basically saying the current system is working. How would we make improvements to serve the community, more particularly in light of tight Federal budget environments, any other areas? Mr. Burger. I think we mentioned a couple of them in making the system more efficient, and at the site level down at the PLA level I think we need to use that money more effective than we have. I'm not sure that we need to increase all that much the funding to PHA level, particularly if it's not all being utilized. We need to use it better obviously. And I think that it's important that we do look at the gap rates and look at the percentiles. I think we need to move the percentile up a little bit to areas like Los Angeles, that type of thing. Chairman Ney. My last question, Mr. Triesch. What about-- what problems do you encounter when you're overleased, and how does HUD work with you on that issue or do they or how do they? Mr. Triesch. It's a bit of transition right now. To this point in time we could be overleased, if we had budget authority to be overleased. With the new regulations that have just gone into effect, as I understand it, we can no longer do that. I can be 101 percent overleased this month as long as by year end I am not overleased. So my target is to be as close to 100 percent as I possibly can be at the end of my fiscal year. Our accountant works well with the HUD administrative financial staff. We have a good working relationship with them. Chairman Ney. Thank you. Mr. Triesch. My goal is to be at 100 percent even Steven, assuming the max--serving the maximum people that can be served in the city of Long Beach. Chairman Ney. Okay. Thank you. Also I asked a question--never gave Mr. Shelton a chance to answer. I'm sorry. Mr. Shelton. I was going to agree with Mr. Burger. I'm certain there are areas where the budget could help, but I think our primary objective in administering Section 8 at the site level is to make it as transparent as we can and as comparable as we can to how we treat regular market rate units. Additional provisions make the process somewhat cumbersome. Anything that can be done to make the leasing process itself at the site level as easy as possible, I think would encourage more participation from our members and owners. Chairman Ney. Thank you. Congresswoman Waters. Ms. Waters. Thank you very much, Mr. Chairman. One of the reasons I'm so pleased that you're here is because you will have an opportunity to understand what is happening here in California, and in the Los Angeles area in particular. You have seen some of the information that was shared with you on the testimony of the cost of housing and the escalation of price that has taken place and continues to spiral upward, so that you get a real sense of what we are confronted with here. Also, I'm very pleased that, you know, for once perhaps in many of the hearings that we have we are all together on this. I mean we have all of our associations, our owners, our PHAs, everybody singing from the similar hymn book, and that's good, that's very good. We are all opposed to this idea of block granting. So what we need to do is what I think you have already come to understand is: How do we use this as an opportunity to straighten out a few of the wrinkles in the program? How do we come back with an alternative to this block granting and talk about what we can do to better serve all of our clients who need us so desperately? And I'm also interested in working out some of the problems of the owners and the landlords. I think that's extremely important. Now, you had some ideas, Mr. Triesch. You gave us a few recommendations. Would you kind of reiterate what you said to us in your recommendations? Mr. Triesch. I sat down with staff yesterday afternoon, and I asked them: How can we really streamline administration of the program? And these just were ideas that came from brainstorming. The first one was that we could enact a provision that limited landlords to just one increase a year. I'm sure that typically the Congressperson doesn't know what we have to go through when a landlord requests a rent increase. If it's--we have to do an inspection of the property, if one hasn't been done within 120 days of the increase. So if somebody waits six months after the last one, we have to do a whole new inspection again. Ordinary we have to do an amendment to the contract. We don't have to do a new contract, but the whole thing is time consuming. And if we limited just landlords just once, let them know up front you only get one a year, then I think that it would be a cost saving. Ms. Waters. Thank you. Would you hold that for a moment here? Chairman Ney. That was one point I wanted to talk about. I just wanted--how many times can they--in a normal lease I've ever had when I rented, it's you get one shot per year, or sometimes you don't get a shot until the lease is done. How many times a year can people do it? Mr. Triesch. The way the program is set, we are allowed to enter into a lease--well, in Long Beach what we do, and I think most of us probably, initial lease for a year. After the initial lease for a year, we just follow California State law. It goes from month to month. When it goes from month to month, by California State law, an owner can request a rent increase every month if he wanted to. Chairman Ney. And Section 8 they can do the same thing? Mr. Triesch. Well, we require 90 days, a 90-day notice. So they have to give a 90-day notice, every four years if they wanted to. And we get them typically to--especially right now when costs are spiralling and the landlords are getting more and more rent. Ms. Waters. All right. Let me hear what the landlords think about that. Mr. Burger. Being a landlord, from my standpoint, once a year will work just fine for me. Actually, it will. We have to go through a lot of hoops also to make that application. And if we can do it once a year, we could work it. Ms. Waters. Mr. Shelton. Mr. Shelton. I'm not sure so I'm in agreement with Mr. Burger about the once-a-year-rent increase. I think--however, I think there is some sense that can be made, particularly in high cost areas where rents continue to escalate. I would remind you, too, that a lot of the apartment markets across the country are not in the same financial situation that California or New York or South Florida is where the markets do pretty well. There are markets that we operate in that apartment owners are facing significant losses, vacancies are high, and occupancies are down and rents are down. So I think that we just need to be--the key to me, I think, is communication, working with the local housing authorities, and I think some of those issues could be resolved. Ms. Waters. We really are interested in eliminating bureaucracy and streamlining the process, because I hear from both the tenants and landlords that it's too cumbersome in various ways. So we are--we are interested in your recommendations about how to do this so that the tenants are not hassled, and the landlords get as fair price as you can get, and it's done in a way that does not cause long waiting periods, et cetera. That's how I think we ought to use this time. You know, the administration threw this out here, and we need to come back with something other than block granting where we can show we're all together. And I think we ought to be able to do something very positive about it. What was the second one? Mr. Triesch. The second one--you know, I'd like to say, you know, we might do well to get an organization, like NARO or FADA, to get a bunch of executive directors together to brainstorm, they could come up probably with a lot of good ideas for streamlining the program. But the second one was with regard to the abatement process and inspections. Now, when we inspect, if the unit fails, they have 30 days to correct the deficiencies or it goes into abatement. If they don't correct it within the 30 days, then they have until the end of the following month, and we terminate the contract. But we just said if they have 45 days to correct the deficiency or the contract is terminated, then you're going to be saving the time of multiple inspections, for example. Ms. Waters. How does that comport with state law that allows for deducting repair? I mean what happens here when, for example, if you gave 45 days, the tenant says ``I've got a problem here, and they said, ``I can't wait. I'm going to do it myself, and I'm going to give you the bill,'' how does that work or does it work? Mr. Triesch. I don't think I could address that. Ms. Waters. Don, do you know? Mr. Smith. Well, my feeling is, based on experience, that we intervene so rapidly, in terms of tenant complaints, and we have a good relationships with most owners, that that issue of inhabitability doesn't come into play, only in those cases where we abate, and the situation is not resolvable, that may come into play. Ms. Waters. Okay. Well, let me ask you--and this will be the last question--you have mom and pop--a lot of mom and pop landlords. I think you said the overwhelming number of participants in the program are mom and pop. What do we have that assists mom and pops in capital costs for the upkeep and repair of property? Low cost loans? Mr. Smith. There are rehab loans available through the city and most local jurisdictions have repair loans, I think. Ms. Waters. At low interest rates? Mr. Smith. Some are at low interest rates. Although compared to today's market, they may not be adjusting as rapidly. Ms. Waters. Well, if we have--the majority of our participants are mom-and-pop operations, people who own 40 units---- Mr. Smith. Basically 10 units and less, over 16,000 owners. Ms. Waters. Have you found that there's a problem when their capital costs, like putting on a new roof or repairing a staircase, I mean capital--are they able to do it and get it done on time? Mr. Smith. If they get adequate rents over a significant period of time, they are able to amortize. But they are not generally able to get it immediately. Ms. Waters. Okay. Are they able--they are able, not able to. That's a problem we need to look at? What are you finding, Mr. Jackson? Mr. Carlos Jackson. Well, the question you were asking is a real challenging one in that you have to have--well, many of the cities that we are operating in have an agreement with Section 8 and their own programs, and it's really a local decision there. For the unincorporated areas we do have limited rehab money that we predominantly give it to the homeowner who is living in the unit. We have emergency grants for roof repair, but not really rental units. Again, you look at the tier of priorities, we have a lot of seniors asking for emergency grants right after a rainstorm or like that. We've done a lot in terms of campaigning to do our lease up. One of the things that we did was to sit down and look at the entire process and ask on each step: Does it make sense? Do we need to do this? And during that process we also had a lengthy discussion with landlords as to where were the common areas of agreement and where were the differences so we could focus on those areas. For example, one of the--one of the areas was landlords say it would take us too long to return the contracts. Well, when the inspector went out to conduct the inspections, we would have them take the contract and meet the landlord at the site at the same time for signature. Through that process we found out that there is whatever we did we couldn't get a landlord to sign an agreement, with all the rents have been agreed to, everything has been agreed to, all we needed was the signature, we found a small group of landlords that were procrastinating. But we--the inspections, again, we made some determinations on the housing quality standards. There are some things that we could say, ``Look, give them 30 days to rectify and let them move in in the meantime.''. Again, if the unit remains vacant, it's lost income to the landlord. We were trying to accommodate those different kinds of things. We had large orientations for tenants, counseling them about when you go out to an apartment, what to look for, housing counseling services, groups that will help the tenants go through the screening process. Many of the things that will cost money--with the Department of Public Social Services we have data sharing, again so that we could streamline the information that has to be collected. And one of the things that should be done is we should be able to share data between agencies. That's a stumbling block right now. We don't know if someone goes to a housing authority and gets rejected, and we go through the same process. It's a costly venture. Ms. Waters. Thank you. Thank you very much. Chairman Ney. I want to thank all the panelists for your testimony. Thank you. And we will move on to the second panel. [Recess.] Chairman Ney. The subcommittee will come to order. We want to welcome panel 2. And the order is Chanda Peters, a voucher recipient of Los Angeles; and Leona Thompson, a voucher recipient from Los Angeles; Mr. Beverly Martin, voucher recipient--or voucher program owner--I'm sorry--of Los Angeles; Larry Gross, Executive Director, Coalition for Economic Survival, Los Angeles; John Jackson, head organizer Los Angeles ACORN; and Jeff Farber, Chief Operating Officer, LA Family Housing Corporation of California; and Ruth Schwartz, Executive Director, Shelter Partnership, Incorporated, Los Angeles. We have a timer. So when you hear--you'll hear two beeps, and then another beep, and that's the five minutes. But without objection, any additional testimony you have for the record will be submitted. The five minutes is simply to try to make sure everybody gets their say in. So we'd like to make it longer, but then we'll have questions and you'll be able to respond. So with that, we'll begin with Ms. Peters. Okay. STATEMENT OF CHANDA PETERS, VOUCHER RECIPIENT, LOS ANGELES, CALIFORNIA Ms. Peters. Good morning, committee members. I want to thank you for the opportunity to present to you my personal testimony on this very important issue, Section 8 Housing Assistance Program and the Family Self-Sufficiency Program. These two programs have not only changed my life, but also my children's lives dramatically for the better. My grandmother moved into the Eastchester Gardens Housing developments located in the Bronx, New York in the early 1950s. My mother grew up there, and I also grew up there. Due to my mother's illness I, an only child, was raised on welfare, so our life was not easy. After an extremely abusive marriage, I left New York with my three daughters and moved to Los Angeles, where I started my life all over again. With very little money, no job and having to start all over again, I had to get on public assistance. First I got on welfare, and then I signed up for the Section 8 program, because I simply could not afford to pay rent, utilities, the high cost of childcare, et cetera. Then one day I received an invitation to participate in the GAIN program, Greater Avenues for Independence, where they pay for your school tuition, books, supplies, travel, and, most importantly, your childcare expenses. I immediately signed up and registered at the Los Angeles Trade Technical College, where I took computer classes and office procedures. Shortly after I received another invitation to participate in the Family Self-Sufficiency Program, where they assist you with your career goals, such as providing you with educational development, technical, trade and vocational training, job counseling, as well as other services to help you become self-sufficient and eventually a homeowner. And again I did sign up for that. The Family Self-Sufficiency Program especially changed my life for the better because through their partnerships with other agencies I was able to utilize the facilities for studying and had access to their computers to do my homework assignments. The job counseling was extremely valuable and it motivated me to reach my goals. To this day I still use those skills for interviews for promotions that I seek. After completing GAIN I worked for temp agencies all over Downtown Los Angeles until I was hired permanently, and I have been employed ever since. I can't begin to express to you how important these programs and others that help encourage, inspire and support needy families to live in decent housing and get out of a situation that may seem hopeless. This is how my life has been since: I've utilized the tools and services needed to upgrade my computer and office skills, preparing me for the job market. I completed a two-year GAIN program, and I'm now gainfully employed full time since 1997, no longer on public assistance of any kind. I completed the Family Self-Sufficiency Program, receiving over $14,000. And I am now a proud homeowner of a beautiful two-bedroom, two-and-a-half bath townhouse located in Inglewood, California. I have two daughters attending UCLA, studying law, and one daughter at UC Riverside, studying veterinary medicine. My youngest attends University High, and they all have very high self-esteem because of my example, where I always tell them to reach for their dreams. I'm now employed with the Housing Authority of the City of Los Angeles as an eligibility interviewer, helping other families with housing assistance. And my mother no longer lives in Eastchester Gardens. I have moved her here, closer to her loved ones, this year just a few months ago, breaking a family cycle of a public assistance. Every single day when I go to work and I return home-- sorry--I'm so thankful. I truly enjoy my job, and I especially enjoy helping others. It is my hope and prayer that these programs continue to assist other families to becoming self-sufficient. Thank you for allowing me to give you my testimony, and I especially thank the Housing Authority of the City of Los Angeles. Chairman Ney. Thank you for your wonderful testimony and a great story. [The prepared statement of Chanda Peters can be found on page 505 in the appendix.] Chairman Ney. Also, before we go on, without objection, for the record, we have a letter from Governor Gray Davis that we will submit for the record. [The following information can be found on page 551 in the appendix.] Chairman Ney. And with that, we will go to Ms. Thompson. Ms. Waters. Thank you very much, Mr. Chairman. We need to know that the letter is a letter that's basically going in the same direction that we are all going in on Section 8. So we'll have that submitted. Chairman Ney. Thank you. STATEMENT OF LEONA THOMPSON, VOUCHER RECIPIENT, LOS ANGELES, CALIFORNIA Ms. Thompson. Good morning, committee members. I am very honored to be here today, and I thank you each of you for this wonderful opportunity to share my personal testimony of how my life was transformed by the Section 8 Housing Assistance Program and the Family Self-Sufficiency Program. Excuse me. As a recipient of these programs, I stand before you today as a self-sufficient individual, raising two sons in the heart of a very prominent Los Angeles community and helping others to achieve a level of independence that they possibly never imagined could exist. After separating from my children's father, due to unfavorable circumstances, I had to step out on a faith that would propel me into a better way of living and economic security. Not knowing which way to go, nor did my pride allow me to turn to my family members or relatives, I ventured out into the deep with nowhere to go, only a prayer of restoration would be my only consolation. A dear friend availed herself to me, allowing me to move in with nothing, as she and her two children struggled as well. We shared a comfortable, safe and secure place to live, hearty meals and transportation. I became a welfare recipient and fully utilized each opportunity presented to me to make a better life for my children. My friend told me about a program she was participating in called GAP. This program, like GAIN, provided childcare assistance, bus fare, money for books and school supplies, just to name a few. With only a high school education and some college, I knew that this would be an excellent opportunity to sharpen my job skills and choose a professional career path that would lead to economic independence. Shortly after enrolling in the GAP program, the Northridge earthquake rocked Los Angeles. Due to the extreme damage of the building that I lived in, I was able to receive an emergency Section 8 voucher, which initially was supposed to only last 18 months, but thank God for the funding, it was able to be granted longer. I finally was on the road to self-sufficiency. With the housing assistance payment program I began to have extra money to save and do extracurricular activities with my children that was almost impossible to do prior. And also with the Section 8 voucher program I was able to secure a two-bedroom, two-bath apartment unit, with a pool, jacuzzi, 1200 square feet, which I would not have been able to afford otherwise. I was informed about a new program that the housing authority was offering to clients who wanted to set further goals for themselves and graduate from all public assistance programs to become totally self-sufficient and homeowners, first-time homeowners. This program was called the Family Self- Sufficiency Program. After mastering many office skills through vocational training I was able to secure better job positions and higher pay. By leaps and bounds I transcended from extremely low- income to well above the average low-income household within. Within one year of participating in this program I surpassed the income limit to participate and financially succeeded in stabilizing my family's future. I began to set aside money to purchase our first home. I received a check from the account that had been set aside for me while in the Family Self-Sufficiency Program. This was derived from the gradual increases in personal earnings that I received from my employment. To date, I am in the process of purchasing a new home. And I owe a great deal of thanks and appreciation to the Housing Authority of the City of Los Angeles Section 8 program and the Family Self-Sufficiency Program for providing the resources and information, savings account and self-empowerment to rise above the elements that keep so many people in economic bondage. My accomplishments since 1994: I received a certificate in medical assisting, a certificate in nurse assisting. I completed the GAP program. I've also successfully completed job trainings in medical front office, patient relations, and sales. I've secured enrollment for my sons to attend college preparatory schools. I am currently an eligibility interviewer for the Housing Authority of the City of Los Angeles. And I'm also enrolled in the PACE program at West Los Angeles College. Chairman Ney. What do you do in your spare time? Ms. Thompson. I thank God every day for where he's brought me from, and I'm happy and content with who I've become. And I plan to continue to help others who wish to step outside of the parameters of substandard living to well above average living. Thank you for affording me this great opportunity to share my testimony thank you housing authority of the City of Los Angeles. Chairman Ney. Thank you for your testimony. [The prepared statement of Leona Thompson can be found on page 546 in the appendix.] Chairman Ney. Mr. Martin. STATEMENT OF BEVERLY MARTIN, OWNER/LANDLORD HOUSING UNITS, LOS ANGELES, CALIFORNIA Mr. Martin. Who wants to follow these two young ladies? Anyone out here? During the last three years, my wife and I became owner/ landlords in the Los Angeles area. This experience is relatively new to me, to us, after retiring from the Los Angeles Unified School District as a former school principal for 10 years, and as assistant superintendent my final seven years. This self-chosen investment as an owner/landlord has been both invigorating and gratifying. In a brief period I have owned a triplex, a 7-unit building, and a 29-unit building. All of these buildings are located in the South Los Angeles area, with the major concentration of my time being devoted to the 29 unit complex. Of the 29 units, 24 of the units are occupied by Section 8 voucher tenants. I appear before you today as a strong advocate and staunch supporter of the current structure and operation of the present Section 8 voucher program. It is my understanding that legislation, via block grants to States, is being considered as an avenue for dissemination of funds for housing. I view this as a deterrent and another unnecessary layer of bureaucracy. The concept would indeed bring a negative impact and could prove to be an impediment in providing assistance to those in greatest need of affordable housing. As a resident of the State of California for 41 years, the State's financial and budget crisis has peaked in this state. This is a most inappropriate time to consider shifting these major housing responsibilities to the State of California. It would be devastating and would compound the present financial situation in California. Above all, the recipients, those to whom this service is intended, would suffer. The current local administration of the Section 8 voucher program, though not flawless, is functioning extremely well in this city and the cliche of ``If it ain't broke, don't fix it'' is an appropriate statement at this time. Last week as I read an article in a journal, a thought remained with me. In conclusion, allow me to share that thought with you, and I quote: ``Serious attention must be given to the awesome task, the awesome task of helping those who live below the poverty level, if we, as Americans, expect to maintain our image as a democracy.''. This thought has great merit. I'm available to respond to questions and to convey my personal views and opinions regarding the current local administration of the Section 8 voucher program in the Los Angeles area. Thank you, Mr. Chairman. Chairman Ney. Thank you, Mr. Martin. [The prepared statement of Beverly Martin can be found on page 504 in the appendix.] STATEMENT OF LARRY GROSS, EXECUTIVE DIRECTOR, COALITION FOR ECONOMIC SURVIVAL, LOS ANGELES, CALIFORNIA Mr. Gross. Chairman Ney and Congressmember Waters, thank you for the opportunity to offer testimony today. I'm Larry Gross, Executive Director of the Coalition for Economic Survival. CES is a 30-year-old tenants' rights organization assisting tenants, including project-based Section 8 and housing choice voucher renters throughout the Southern California area. Many are here today. CES also overseas a HUD Outreach and Training Grant to assist to tenants living in expiring Section 8 housing and buildings subject to HUD Mark-to-Market program. I'm here today to express strong opposition to the Section 8 block granting proposal because we believe it will have a disastrous impact on the ability to provide affordable housing to low-income seniors and families. Section 8 is a cornerstone of the Federal affordable housing program, providing vouchers to nearly 2 million households. As with most government programs, there is room for improvement, but the voucher program is highly effective in providing needed housing assistance. One of its main problems is inadequate funding, which results in tenants waiting years to receive vouchers. And then once finally obtaining them, face losing them, unable to find landlords willing to accept the voucher within the time period allowed. The Greater Los Angeles Area is facing one of the nation's most severe affordable housing crises. We can ill afford to take action which will further increase this crisis. The block grant proposal will likely result in fewer Section 8 vouchers, when many more are needed. Block granting would eliminate the current structure where Congress adjusts funding each year to ensure covering all vouchers being used. With block granting, Congress may decide on funding that has no correlation to voucher use, and on not providing adjustments for increases in rent. This approach would lead to the funding erosion of vouchers over time. Vouchers allow poor people to achieve a degree of less poverty and the ability to live in less segregated communities. Block granting would do the opposite. States could reduce the value of the voucher, that would make it more difficult to use the vouchers to move into neighborhoods with more opportunities, jobs, better schools and less crime. States could direct vouchers to specific developments and limit voucher use to certain neighborhoods. Thus, we can likely see the creation of voucher ghettos and barrios. States could also increase tenants' rental payments. Households could end up paying far more than 30 percent of their income for rent, a 30-year Federal affordable housing standard. We are greatly concerned about the impact on tenants living in housing where a mortgage pre-payment or project-based Section 8 opt-out has occurred. Los Angeles has the largest stock of privately-owned HUD subsided housing. There's nearly 25,000 units at risk due to pre-payments and opt-outs. Latest figures indicated that we've already lost 8600 units in the county and over 3500 units in the city. This is one of the highest rates of pre-payments and opt-outs in the nation. Currently, tenants in pre-payment and opt-out complexes for the most part are provided enhanced vouchers, which protect tenants from rent increases and displacement. Enhanced voucher tenants have the right to remain in their units as long as it's funded; and owners are mandated to accept the enhanced vouchers. Block granting threatens these protections because States wouldn't be required to issue new enhanced vouchers. A state might decide only to provide regular vouchers. And this could result in tenants having to pay higher rents, thus, forced to move, and owners would be under no obligation to accept the vouchers, resulting in tenant displacement. The City of Los Angeles has undertaken new initiatives to do its part to address affordable housing needs, such as creating a $100 million Housing Trust Fund and adopting a preservation program to address pre-payments and opt-outs. These significant local actions assume a certain level of support and commitment of funding on the Federal level. Block granting would likely undermine LA's affordable housing efforts. Locally, affordable housing advocates have developed an effective working relationship with the Section 8 division of the city's housing authority. Together we've been able to identify problems, develop effective approaches to deal with those problems, and implement programs to benefit tenants. This relationship would be placed at risk to block granting, which limits administrative costs to 10 percent of the State's total funding, yet adding administrative responsibility. In conclusion, we strongly urge that the Section 8 block grant proposal be firmly rejected. It would only bring increased hardship to our nation's low-income households, who are in dire need of securing affordable housing. Thank you again for giving me this opportunity to provide you with the views of the Coalition for Economic Survival. Chairman Ney. Thank you. [The prepared statement of Larry Gross can be found on page 482 in the appendix.] Chairman Ney. Mr. Jackson. STATEMENT OF JOHN JACKSON, HEAD ORGANIZER, LOS ANGELES ACORN Mr. John Jackson. Good morning. My name is John Jackson. I'm the head organizer for Los Angeles ACORN; and we'd like to thank subcommittee Chairman Bob Ney for holding these field hearings, and also to just salute Maxine Waters--Congressman Maxine Waters who has been there on the 1,001 issues that we hold near and dear to our hearts. ACORN is the Association of Community Organization for Reform Now is the nation's largest organization of low- and moderate-income families in the country, with over 150,000 member families, as well as 700 neighborhood chapters, in a 51 cities across the country. Since 1970, ACORN has taken action and won and worked on issues of concern to our members. Our priorities include: Better housing for first-time home buyers, improved quality of life issues in the low-income communities, living wage jobs, investments--I mean more investment from banks, as well as government, and better public schools. Of course, if you look at saying ``Say yes to children,'' we really firmly believe in a child's right to live, grow, and grow up healthy in low-income communities. And that means affordable childcare, as well as affordable housing. We achieve these goals by building community organizations that have the power to implement changes through direct action, negotiation, legislation, voter participation. Los Angeles--our Los Angeles chapter consists of 20 organizers of 550--5500 members. I don't do this. So let me just say, I don't really do public speaking. Chairman Ney. You're doing all right. Mr. John Jackson. But our office is really located walking distance from here, 3655 South Grand. We have a 1-800 number, where folks call every day for 1,001 different reasons, some of which are around Section 8, some of which are around welfare, some of which are around childcare, just a lot of things that impact low-income community folks. And we just find ourselves being in a position to become problem solvers, rather than problem creators. I'm here today to express ACORN's opposition to restructuring the Section 8 voucher program and the State block grant. A lot of what I'm saying probably has already been said. So I probably would just like to set the testimony aside and speak from my heart a little bit here. We experience every day here in Los Angeles people that are going through trials and tribulations with the Section 8 program. But more importantly, I think that it's building a dialogue. I'm jumping to the second part of it, and we'll submit this for public record. But we actually have been innovative in trying to create a dialogue between the landlords and tenants. It's the notion of a common ground, a common space where folks can get a sense of who this man is to my right. And I don't know his name, but, you know, we have to tip our hat to people that are willing to take a chance and take a stand on renting to low-income folks, and see there is some value in doing so because it improves the quality of life in communities that are struggling under the yoke of gang violence and substandard schools in this country. We have to salute them; we have to embrace them. And we have to do our part in educating our folks as to what their responsibilities are and engage with them with some dignity and respect and try to solve those problems rather than cast the burden upon the landlord. Because it isn't always the landlord. And we can't cast the blame or the burden on the tenant, because it isn't always the tenant. Or it's just sometimes just not enough information. And a streamlining of the process that landlords in increasing number can be comfortable in going into a program that can assist people in improving the life in these communities. But we oppose the block grant system because we think welfare reform was a failure. We believe the sending of block rent down to the State of California, then down to Los Angeles, it just leads to less services rather than more services. And by the time it gets down to the people that it's intended for, they probably will not be--obviously it won't be enough of those services to go around. It's not enough right now. But when you look at the crisis that the State of California is in right now, we love California, but we can't trust that these services to get down to the people that they deserve to go to with the $38 billion budget deficit. We just believe somehow some that of money just will go to unintended places and just representing the poor folks' organization, we would just be shocked and appalled that we can't afford to have any less than what the people are deserving of today. We appreciate you being here. This is an amazing thing to see a Republican here in a Democratic district to try to problem solve. We salute you. We salute--we salute you. We salute you for wanting to build bridges rather than walls and trying to problem solve rather than problem create. Thank you. Chairman Ney. I appreciate that. I also want to note for the record, I'm not sure of the accuracy, but I think my old district is 16 percent Republican. You may have more Republicans than I do. So I'm pretty comfortable. Thank you. I appreciate your comment. Mr. John Jackson. We welcome you, and we appreciate you being here. Chairman Ney. Thank you. [The prepared statement of John Jackson can be found on page 500 in the appendix.] STATEMENT OF JEFF FARBER, CHIEF OPERATING OFFICER, LA FAMILY HOUSING CORPORATION Mr. Farber. Good morning, Chairman Ney, ranking member Waters, and staff of the subcommittee. I thank you for the opportunity to testify today. I'm Jeff Farber, Chief Operating Officer for LA Family Housing. Founded in 1983, our organization is the leading nonprofit housing development corporation that provides housing and supportive services to over 14,000 homeless and low-income families and individuals in Los Angeles. We provide a range of services from emergency shelter, transitional housing, permanent affordable housing, and home ownership opportunities. We oppose the proposal to convert the Section 8 Housing Voucher Program into a block grant to the States. We consider Section 8 vouchers to be an essential component of the solutions to affordable housing crisis in Los Angeles and across the nation, production and preservation and income subsidies. We operate--our organization participates in a variety of partnerships with the housing authorities of the City and County of Los Angeles. Local leadership of the housing authorities has led to the creation of many innovative programs promoting affordable housing opportunities to those in need, including the nationally recognized Homeless Section 8 Program. Through our partnership with both housing authorities, we are able to place 100 to 150 homeless individuals and families in safe, decent and affordable housing annually. In this model, we refer Section 8 eligible households to the respective housing authority and provide them with the support services they need to gain tenant skills and maintain housing. Through this program we have assisted over 900 households secure and maintain affordable housing in the last 10 years. Many of these households have participated in Family Self- Sufficiency Programs and have gone on to become homeowners. The Housing Assistance for Needy Families Act attempts to address the administration of the current voucher program. However, its approach is heavy-handed and fails to recognize the improvements made nationally to the program over the last several years. Nationwide utilization of the program has increased. And as you heard this morning, many of our housing authorities are leasing up at 100 percent or over. Additionally, switching from one set of administrative rules known and used by all jurisdictions to a separate set of rules used by each state creates incredible complications and difficulties. Block granting of the program adds an additional layer of bureaucracy. And as John so well stated, when you have a problem in a State, and you add in another funding source to it, you don't know how that bureaucracy will handle that funding source. Finally, relying on local codes to determine housing quality creates the potential for rules to vary from locality to locality. HANF fails to guarantee that the funding of the Housing Voucher Program will keep pace with housings costs. Los Angeles is in an affordable housing crisis. Almost 75 percent of families with annual incomes of $26,000 or less, which is 120,000 families, spend more than half of their income on rent. In the City of Los Angeles a two-bedroom apartment rents for anywhere from 1,100 to $1,300 per month. Using the HUD guideline, that a family should not spend more than 30 percent of their income on housing costs, a household needs to earn over $21 an hour or $44,000 per year just to afford a two- bedroom apartment. Section 8 is a life line for many of our city's working poor: Janitors, fast food workers, nurses aids, security officers, cashiers, who otherwise would find themselves homeless and be knocking on the doors of my agency for assistance if that Section 8 voucher was not available to them. HANF places these hard-working families at great risk. States--based on the system set up under HANF, States would either have to contribute their own funds or scale back their programs in the following manner: Reducing the number of families that receive housing vouchers, shifting rent burdens to families participating in the program, limiting opportunities to use vouchers to escape high-poverty areas, and shifting housing assistance from poor families to moderate- income families. Each of these changes would damage the program and move it from its mission of using a market-based approach that allows voucher participants to move to apartments in areas of their choice. Congress can improve the administration and utilization of housing vouchers in a manner that is not detrimental to the well-being of families and does not disrupt the process of the existing program. HUD already has the authority to reallocate unused vouchers from one administering agency to another. To add strength to this policy, Congress should consider making reallocation provisions that automatically move vouchers from communities that cannot use them to those that can in the same region. Congress should look at reforms that incentivize owners. A couple of examples are more flexibility regarding inspections and an electronic payment system for the monthly payments that go to owners. Congress should also provide funds to assist housing voucher holders find and access available housing in their area. Our local housing authorities have been masters at this and have worked with a wide network of nonprofits to guarantee that households are able to find and maintain affordable housing using the voucher program. Thank you for your opportunity to testify. Chairman Ney. Thank you, Mr. Farber. [The prepared statement of Jeff Farber can be found on page 474 in the appendix.] Chairman Ney. Ms. Schwartz. STATEMENT OF RUTH SCHWARTZ, EXECUTIVE DIRECTOR, SHELTER PARTNERSHIP Ms. Schwartz. Good afternoon. It's now noon. Chairman Ney and Ranking Member Waters, who is a long-standing affordable housing advocate. And I just have to say thank you so much for all that you do. I also wanted to acknowledge that Mayor Hahn's housing deputy is here today, Sara Dusseault. I think the Mayor has on record support also of the position taken---- Chairman Ney. Thank you. Ms. Schwartz.----by most of the folks. Chairman Ney. Sorry to interrupt. If I could, just for the record, we have a letter for the record, which Congresswoman Waters may want to make a comment on, to be submitted without objection. Ms. Waters. Well, I'd like to move that this letter be inserted into the record. And it starts out in no uncertain way expressing its opposition to H.R. 1841. The Mayor is to be commended, not only for understanding the housing needs of the city, but for having put together the $100,000,000 program for housing assistance in this city. It's extraordinary. He is a leader in the nation on this. And we are very, very pleased that he is providing this kind of leadership. Chairman Ney. Without objection, it's part of the record. We stopped the clock so it didn't come off your time. Ms. Schwartz. My name is Ruth Schwartz, and I'm the Executive Director of Shelter Partnership. We were established in 1985. And what we do is fairly unique. We provide technical assistance and resource development for agencies developing housing for homeless people in all of Los Angeles County. As you know, Los Angeles County has a huge problem with aimlessness. It's estimated as many as 80,000 people are homeless nightly in the county. And I'm talking about people living in shelters, on the street, abandoned buildings and the like, about half of whom are located in the City of Los Angeles. Based on my 18 years experience--and I know I look much younger than to have 18 years experience at anything, but based on that I think without doubt the most successful program that has been developed for homeless families and individuals in Los Angeles County has been the Section 8 homeless assistance programs and the programs that have resulted since then. Without doubt, I mean you can provide all the services you want in the world to homeless people, but if you don't have housing, you don't have a program. And you don't have an exit from aimlessness. And that's documented from all the national studies as well. The most important intervention in the life of a homeless person is stable, affordable, and in some cases, supported housing. And I just want to congratulate the City of Los Angeles and the County of Los Angeles for being incredible leaders in this area. Since 1991, we've had a homeless assistance program, way before New York or anywhere else. So we've done it well. We've got over 12,000 people who were previously homeless, are now receiving Section 8 assistance, and that's families who are poor, including families that have experienced domestic violence and other incidents, people with mental illness, chronic mental illness who have lived on the street, as well as people living with HIV/AIDS thousands and thousands of people who were previously homeless. And there's a very high incidence of aimlessness of people with HIV/AIDS. These are very successful partnerships, and they include strong collaborations of community-based organizations, from groups like Watts Labor Community Action Committee, Minority Aids Project in the Congresswoman's district, to traditional-- more traditional mental health agencies and family agencies, like LA Family Housing throughout the City and County of Los Angeles. They've also been a great partnership, and I think this is why it's so important that things remain local. I mean local is what's relevant. We've been able to strategize and combine other kinds of Federal funds. So it's not all on the Section 8 side. Things like the FEMA funds, other HUD funds like the HOPA grant funds, as well as State Department of Mental Health dollars. We've got a great program for chronically mentally ill people from the State legislature. We are combining those funds with Section 8 funds and really getting people who are really what we consider the most tragic victims of aimlessness into housing. And the support services are paid for through the State Department of Mental Health. So we've got some wonderful partnerships and partnerships that I think we can all be very proud of in Los Angeles. I'd also like to just mention something that hasn't been mentioned before, and that's having to do with project basing. And this is an area that maybe the oversight committee can help us solve. In the 2001 Federal Appropriations Act, it was agreed that housing authorities could again increase the number of project- based units that would be allowable and give more local discretion in that. However, HUD has never issued final rules. All they did, after a long time, was submit those rules to OMB, only to recently withdraw those rules. So we have--so places like Los Angeles, where unfortunately we do have high concentrations of poverty, a lot because of families coming into the community from other countries, we can't really effectively use those project-based certificates with nonprofit developments. And we need those new rules to be released by HUD and find out why they haven't been. Just in conclusion, as you've heard the State through the $1,000,000,000 state Housing Trust Fund the city through the $100,000,000 Trust Fund and also the County of Los Angeles through their special initiative through industry funds is really doing--is recognizing the importance of housing and being able to combine that with the Section 8 program on a local administrative level would be lost if we were to not continue the program as it is. Thank you. Chairman Ney. Thank you. [The prepared statement of Ruth Schwartz can be found on page 507 in the appendix.] Chairman Ney. I just wanted to note, we will follow up on the rules. In the expansiveness of government and all the agencies you have--and that's why I'm glad you've raised it here today--we lose track of what went where and when where it's at. And you raised a very good issue: Where are those rules? What's happening? We will continue to follow up on that. Ms. Schwartz. Okay. Thank you. I'll get you some more information, too. Chairman Ney. And I would note you might have gotten somebody in trouble today because whoever you were working with 18 years ago violated child labor laws. Ms. Schwartz. Yeah that's probably true. Chairman Ney. You should warn them. Ms. Schwartz. Yeah, I think it's true. I think it's true. Chairman Ney. Having said that, I have one quick question. And this is: Sometimes we've had them; sometimes we haven't had set asides. For example, set aside Section 8 for person specifically and/or families with aimlessness or HIV. What do you think about--and again, sometimes we've have and I understand sometimes we haven't. What do you think about set asides and how that impacts this issue? Ms. Schwartz. I'm really supportive of set asides for the people that are the most extremely poor and needy, especially those people who have no home to call home. I think that the program, as it started in Los Angeles, was because HUD wanted to demonstrate how--that the needy--the most needy could be served. Those set asides aren't part of the priorities today, but yet there's is a commitment locally to continue that and still serve and other households. And personally I think that's a good thing. Chairman Ney. Mr. Gross, I had a question. It goes to the 30 percent of tenant income or the 40 percent. And I wondered if you had an opinion on that. And also, you know, the unique circumstance where tenants sometimes are now paying 70 percent, which is obviously a large strain on them. Any thoughts on going above the 30 or 40? Mr. Gross. Well, as was pointed out in Los Angeles, most renters are in, or a good percentage of renters, who are not on Section 8, are already paying way over 50 percent of their income. When that happens of course their options, they cut back on food, on clothing, on the ability to take care of their children and healthcare. And so we would oppose that. I think that's the one good thing about Section 8 right now. That it is that percentage of income to rent. Under this block renting proposal, we can see that figure rise, you know, much higher. Out of people's reach of being able to afford housing, even with a voucher. Chairman Ney. Thank you. And my last question, Mr. Jackson: You mentioned about building a dialogue with the landlords and tenants. And would you describe a few of the challenges you have in building that dialogue, and, you know, does the current system help with that, or are there ways that we can help the current system to do more with dialogue? Because that's important, I think, communication and dialogue. Mr. John Jackson. We did do some internal trainings--we do some internal trainings called the Common Ground Forum, which we try to examine, explore one of the things that are we allowing to keep us apart, and then we try to explore those things that are bigger than those things that are keeping us apart which we have in common, which is usually the quality of life in the community, because if you are a landlord in a particular community, and it's starting to deteriorate, there needs to be a dialogue about how to fix that. And we just need to figure out a way to separate perception from reality. Could you guys assist in that? Of course. There should be some way that landlords as well as tenants--I think that there is perceptions, and those perceptions become reality because of the lack of dialogue, not because of dialogue. And at every turn of the road there needs to be more input for those programs by the people it's intended to serve. John, Maxine Waters' staffperson, had a challenge of getting me to sit here and speak on behalf of this organization because I just feel more comfortable helping to prepare somebody that actually could say and articulate what their trials and tribulations were. God bless these sisters that are successful, and we tip our hat to them. But there is also another side of that that welfare reform hasn't been the ideal, dream forum. And how is that challenge getting to housing and how it interacts with housing needs to be a part of that equation as well. So could you guys help and what specific ways that you could help? I don't know what the specific ways that you can help, but I'm sure talented staff people out of these talented Congressional offices certainly could be a part of that equation. And we'd love to work with them to do that. Chairman Ney. They should contract with you to get some pay raises for the advocates that you have. In all seriousness, one other question I have of you is: Let's say, hypothetically, we do a block renting, and we have iron clad protection for Section 8 voucher recipients. Could you still trust, not the State of California, but would you be comfortable to trust a State that they will carry out protections for voucher recipients? Voice. No. Chairman Ney. Let's hear from Mr. Jackson first. Mr. John Jackson. It's such an uneven process. California is so vast that from county to county to county, there would not be uniformity. And quite frankly, Section 8 is a Federal program, and the Federal government has the obligation to see to the equity that's placed into it, not necessarily the States or the counties or the cities. And they're not going to own that obligation as well as we would trust that the Federal government would. Chairman Ney. One thing, and I'm concluding my questions and we'll move on to my colleague, but I did want to note one thing. If we did do this, we had block granting, I don't know how you write in certain protections. The thing I wanted to mention and I have a great state, the State of Ohio, and a lot of great people. However, in the budget process, because they were up against a wall like California, Head Start monies, we all know the basic 101 beginning law, if you're in office, you do not supplant Federal dollars with Federal dollars. That is course No. 101. In the State of Ohio, during the budget process they took our Head Start monies, went in, took $300,000,000 of HANF monies and applied the 300 million to the Head Start monies. Now, they appropriated it. When I was raised it was called theft; but they appropriated the money. Now, clearly, I made this objection known to everybody that did it, you know, clearly you don't supplant Federal with Federal. They did it. But in this whole process the one overriding question I've always had is: How do you write something so iron clad that it can't be done? Because it's a pretty iron clad thing, Federal to Federal. I'm asking the overriding--and I'm speaking as a former state legislator, and I'm looking at that side of it now as a Federal member. Mr. John Jackson. The punishment should be equal to the crime. I mean if people are dying as a result of the theft and thievery and thuggery, then the punishment--because they certainly right now in California they have a three strikes you're out law. You can be punished for a misdemeanor and wind up in prison for the rest of your life. If in fact the State of California, or any state for that matter, has the gall to take to money that's been allocated for poor folks and utilize it for what would not be considered the greater good, in their mind they may attempt to justify it that way, but when you look at it as in--through the eyes of the people that those funds were intended for in the first place, it's a whole totally different answer. So I would say let the punishment fit the crime and make, you know, the crime more severe as the devastation and how it affects people's lives. Chairman Ney. Congresswoman Waters. Ms. Waters. Thank you very much, Mr. Chairman. I can't tell you how proud I am of both of our panels that have appeared here today. I am so proud not only of the panelists, but their ability to articulate the partnerships and the working relationships here in this area that help to make Section 8 a workable, viable program. And I think in all that you've heard, we certainly will go back to the Congress of the United States looking at this legislation and understanding even better why there is so much opposition to the legislation and why we are all together. There is such a consensus of opposition here in California and in the Los Angeles area. Let me just say to Ms. Peters and Ms. Thompson, you heard the people in this room just start to applaud you. And I think you can see from our reactions up here how absolutely proud we are of you. You have literally taken tools that have been offered to you, and you've used them in ways that we want so many people to be able to do. Not only are we proud of you and the work that you're doing and the opportunity that's been afforded to you to help others, but, you know, I'm going to follow up, and we're going to not only keep up with you. We want you to come and tell your stories to some of the other men and women in some of the places where the message has not gotten to. So we are just going delighted to have you here today with stories of success and positive actions that led to a whole new lifestyle for you. We are very proud of you, Bev Martin, I guess I've been knowing for 100 percent. I'm 100 and he is 101. And I didn't realize that he had retired, and that he was now an apartment owner providing rental services to people who need them so desperately. Thank you, Bev for, your new career, and again, I would like to use this legislation as an opportunity to look at other ways by which we can strengthen the program. Certainly number one is I want more money. I'm a tax and spend liberal. I want more money, more services for people. I just think that, you know, this nation could invest more. And I raised some questions earlier today about mom and pop or smaller landlords and capital costs and all of that, and I will certainly follow up looking at that. But again, to have a 20--a unit--a building with 29 units, and I think you said 24 of them occupied with Section 8, it sends a real message out there to other apartment owners that this can be done, this can work. And thank you very much for that. Larry Gross, you guys have been on the cutting edge of organizing for a long time now. And I really do appreciate that because we have so many people who need you, who need advocates who cannot only be in the streets, but in Washington and in places like this, speaking on behalf of people and helping them to be able to negotiate their environment and all that goes on in these complicated processes. You have a long and rich history, and just you continue to be there. Mr. Gross. Thank you very much. Ms. Waters. Now, John talks about not wanting to be in these kinds of arenas testifying. Now, John, we know, you're an organizer extraordinaire, but sometimes the organizer has to come from the streets and get into a room like this and help to merge the work of organizing with the work of this kind of legislative advocacy, and you do it well. You do it absolutely well. When you talk about speaking from the heart, that's what we need more of. We need more people who are willing to throw aside the paper and just talk. I appreciate the work that you do every day and also the work that you all do in, particularly ACORN on predatory lending that has been one of the hallmarks of your work here in the city. You've been at the city level, the State level and the Federal level. We are going to try and try desperately to do a bipartisan effort on that new predatory lending bill. And we are going to look to you to help us work and negotiate that. Mr. Farber and Ms. Schwartz, I thank you both for being here. Again, we have the thousands of renters and homeless folks who are out there not knowing or understanding which way to go. And if it were not for you guys, we would not have the kind of accomplishments that you've been able to describe here today. It is my greatest wish that we can keep evolving with this work so that we would not only be able to sing the praises of what has been accomplished so far with our government, but that we can move it to another level. I dream of the day when I can go into Downtown Los Angeles and not step over bodies on the street. I dream of the day where we won't have a Patch Park of the homeless who convene there every day. Many of those people are from my district. When I go through Downtown Los Angeles, I begin to hear the calls ``Hey, Maxine. Hey, Ms. Waters.'' These are folks who, you know, came from different places, but many of them from so- called South Los Angeles, who have ended up down in Downtown Los Angeles. And I thank you for all that we have done to get a portion of them off the streets, those people, and into Section 8 assistance so that they are now into units where the quality of life has changed for them. To the landlords, let me just say I dream of a day when we'll have some assistance where landlords can take the folks living in their units and provide services above and beyond what landlords do. For example, I just believe that you have a building of 24 Section 8 folks, that the same kind of opportunities that have been extended through the housing authorities for those who were lucky enough to get connected, they could be unveiled and unfolded where ongoing meetings are going on in the apartment building, and people are being educated about the programs and the possibilities and get them up and out and doing things and changing their lives. Let me just say--and I'm kind of full with all of this now--that your testimony has been extremely important and meaningful here today. And really much of what you have said today should help restore everyone's faith in the possibilities of this government to be of an assistance to the least of these. I oftentimes am very frustrated and sometimes angry about what I see in the poor people and the lack of opportunity. But you know, each night that I go to bed, I go to bed filled with a little bit more optimism that tomorrow can be better, and that we can do it better. And with your being here today I know that tomorrow and the next day and the next day we can do even more to assist the many people of this nation to be able to have a decent quality of life. Most people simply want a decent home and roof over their heads. They want to be able to feed their families. They want transportation to get back and forth to their jobs and to be able to take care of their business. They want their children--Ms. Peters said ``My children at UCLA.'' We all--everybody would like to have the opportunity to support their children to be able to be educated. So I believe in--I believe in this country, but I believe more in each of us. This country will only be what we make it. I did not intend to be on the soap box today, but I could not help it. I'm just inspired by your presence. Thank you very much. Chairman Ney. Well, I'm glad you got on that soap box. It helps me listen to a few things. I just want to thank you for some great testimony, compelling advocacy you do, the personal stories you have shared with us. And like the movie ``Take It Forward''--Pay It Forward''--I think it's ``Pay It Forward''--I know you're doing that with other people in this area across the country. This has helped me a lot to be out here. We come from different districts. A town of 30,000 people to me is Los Angeles. Where I come from that's a huge, huge city. So we have some different concerns. But again, people I represent need housing. People out here need housing. I don't know if either Congresswoman Waters and I have ever been able to tell persons that need help of what they're registered. We don't care. We just help people that need help. The government needs to be able to step forward to do that. We may disagree on some things philosophically, but we agree on trying to make the system work. I'm thankful to be here because you have a whole different cost situation that is very, very difficult that we don't have, but yet we have some lack of space to help individuals. So this personally helps me, as Chairman of the subcommittee, and I appreciate the hospitality of my colleague, Congresswoman Maxine Waters, of having us here, appreciate the staff, both sides, to be able to make this hearing come about. And we've had a lot of trauma in this country over the course of its history. We've had a lot of trauma over the last couple years. But America will go on and continue and, hopefully, make itself better. And this is where America does her work. So I'm very pleased that we have been able to come outside the Capitol and bring the Capitol here and hear from the people right on the front firing line who live every single day with trying to help others. I've always said this many times. In 50 to 60 years, no one may know our names, any of us, but we will have rested, and our generations to follow can have comfort that everybody tried to do something to help other people. And down the road somebody will be in housing and going to college or get a good job, and it's because of things you all are doing today. So I'll give you an awful lot of credit for that. The energetic give-and-take of public debate, this is what it's about. We appreciate it. I want to thank my colleague for taking her time for two days straight now, after coming off a marathon session, I think we voted at 2:30 in the morning one day last week. So I want to thank Congresswoman Waters for sharing her time and all of you and her staff and all of you. And we will leave the record open for 30 days. There might be additional questions without objection that will conclude this hearing. Ms. Waters. Let me break all the rules of committee hearings and ask this great Los Angeles office to stand with me and this Chairman for the work that he is doing and his presence here. Okay. This is a wonderful facility that we are in, the California Science Center, and Monique Hudson, Government Affairs Director, and Carl Phillips, would you give them a big round of applause. And for those of you who have not visited this facility and you have not seen the great exhibits and all the work that many of us put in for years in the California State Assembly, you better come and bring your children. Okay. Thank you very much. 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