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(2) Repair cost data. (See Chapter 5, paragraph 4, Property Disposition Handbook, Reconditioning Acquired Properties, HM 4325.1.)

(3) Demolition cost data.

(4) Vacant lot sales price data.

b. FHA underwriting standards shall be applicable to all insured sales. It is essential that FHA underwriting standards be applied consistently on a nationwide basis.

c. Repair of properties incident to insured sales shall be limited to minimum essential items to comply with FHA mortgage insurance criteria, or to otherwise comply with local codes in areas where such codes are being actively enforced. Additional repairs and/or upgrading may be accomplished as necessary to effect insured sales if properties offered with minimum essential repairs do not sell after reasonable sales-listing exposure.

d. Maximum feasible use will be made of formal contracting provisions to accomplish programmed repairs.

e. Small business and minority contractors will be utilized to the maximum extent feasible in the competitively-bid procurement of repairs to acquired properties.

f. Insured sales may be financed with any FHA-approved mortgage of the purchaser's selection provided that such financing is obtained at discount points which do not exceed those calculated in accordance with the FNMA Biweekly Free Market System (FMS) auction. Use previously furnished charts for calculation of maximum authorized discount points based on FMS auction results for average weighted yield. Advice may be given to interested parties regarding approved mortgages willing to finance insured sales at or below the maximum authorized discount points.

10. Insured sales procedures.-Purchase offers for insured sales will be accepted based on the highest price offered above a stated minimum acceptable price. Offers from prospective purchasers shall be accepted only on a sealed-bid basis and shall be appropriately safeguarded until the specified public bid opening dates. For insured sales, maximum mortgage amounts will be established based on the stated minimum acceptable price for each property and will be included in PIR information. Those portions of the total bid which are in excess of maximum mortgage amounts will be required as down payments. Since the sales price may exceed the value of the property for mortgage insurance purposes (minimum acceptable price), item d on the reverse of Form HUD-9548, Standard Retail Sales Contract, shall be deleted by the insertion of the following language in item H of Form HUD-9548: "The provisions of item d printed on the reverse hereof are stricken in their entirety and the purchaser agrees that the value of the property for mortgage insurance purposes is $and acknowledges that he was informed of such value before execution of this Contract." (Insert the minimum acceptable price in the blank space provided.)

a. Minimum acceptable prices to be stated in property listings will be the estimated market value of comparable properties in equivalent conditions.

b. Purchase offers are to be accepted on a sealed-bid basis from prospective owner-occupants during a ten-calendar-day period following the date of listing. The listing notice shall specify the last day of the ten-day period for receipt of offers. The sealed-bid offers shall be opened during the first workday following the designated ten-day period and appropriate notification made to offerors regarding acceptance or nonacceptance of offers to purchase. A listing of properties for which offers were accepted shall be included in the PIR deletion notice.

c. Purchase offers accepted shall be subject to the prospective purchaser meeting minimum credit criteria.

d. Offers to purchase at prices above the stated minimum acceptable price shall be in increments of $50.

e. Properties for which no acceptable offers were received during the tenday period will be relisted for sale for an additional ten-calendar-day period. Duing this second ten-day period, offers may be accepted from both prospective owner-occupant and non-owner-occupant purchasers on a sealed-bid basis. The listing notice shall specify the last day of the ten-day period for receipt of offers, after which time the properties shall be available on a first-come, first-sold basis. The sealed-bid offers shall be opened the first working day following the stated ten-day period and appropriate notification made to offerors regarding acceptance or nonacceptance of offers to purchase. A listing of properties for which offers were accepted shall be included in a PIR deletion notice.

f. Properties for which no offers were received during the second ten-day offering period will continue to be available for sale on a first-come, first-sold basis.

SECTION V. RAZING AND SALE OF VACANT LOT

11. Razing and sale of vacant lot policy.-Where the estimated net dollar return is greater from razing a property and sale of tne vacant lot than from either as-is sale or insured sale, the property will be programmed for razing. (See Appendix 1 for computation of greatest net dollar return.)

a. Properties will be razed for sale of vacant lots only after listing for sale as-is to both owner-occupant and investor purchasers, except:

(1) In downward transitional neighborhoods, or in areas where as-is sales are prohibited by local ordinance or local agreement, the properties will be listed as-is witn the requirement for purchaser razing or will be razed without as-is sales offering.

(2) Properties with severe structural deficiencies must be offered for sale as-is with the requirement for razing by the purchaser. Sale for razing by the purchaser will be treated as investor purchases and such properties will not be offered for owner-occupant purchasers.

b. The minimum acceptable price for vacant lots offered for sale will be the estimated value of comparable property, considering the highest and best use available.

c. The sale of properties to be offered as-is for razing may be negotiated with local government entities, or entities authorized to act on their behalf, and to eleemosynary groups at the minimum acceptable price without public listing. d. Coordination shall be maintained with local government entities to ensure adequate opportunity for negotiated sale to such entities of properties not to be sold for residential occupancy, i.e., as-is for razing or vacant lots. However, timely disposition of properties must not be delayed pending development or implementation of state or local community planning; nor is it intended that insurance funds in the disposition of acquired properties be used to subsidize local programs.

12. Razing and sale of vacant lot procedures.-Properties programmed for razing will initially be listed for as-is sale in accordance with procedures established in paragraph 3 above, with the following additional considerations:

a. Where local government entities, through ongoing coordination between such entities and the local HUD office, have indicated they are now ready to purchase certain properties, such properties shall not be listed for sale to the public pending disposition of the entities' request.

b. Properties listed for sale as-is for razing by the purchaser will be offered only during one ten-day period, open to all purchasers.

c. Properties not sold during the as-is offering period will be removed from the market and programmed for razing by HUD.

d. Vacant lots shall be offered for sale in accordance with outstanding procedures contained in paragraph 289-1.g-1 of the Property Disposition Handbook, One- to Four-Family Properties, HM 4310.5. Sale by negotiation with local governmental entities, or entities authorized to act on their behalf, may be accomplished at the established price without public listing.

SECTION VII. OTHER POLICY CONSIDERATION

13. The following additional policy considerations shall apply:

a. Sale of properties in connection with special programs authorized by the Assistant Secretary for Housing Management will be in accordance with instructions provided.

b. The disposition of acquired properties shall be in compliance with outstanding instructions and regulations relative to lead-based paint hazard removal, The National Environmental Policy Act, and the National Flood Insurance Program.

c. Bona fide tenants of acquired properties programmed for rental shall be given a 30-day right of refusal to purchase when such properties are reprogrammed for sale, provided such tenants are not in rental arreas. The sales prices shall be at fixed prices equivalent to the stated minimum acceptable price otherwise developed for sales listing. The term "bona fide tenants" shall be construed to mean tenants for a duration of four months or more.

d. Sales to former mortgagors shall be at an amount equivalent to 105% of the unpaid principal balance of the mortgage at date of institution of foreclosure as reflected in item 11, FHA Form 1025, Notice of Property Transfer,

(on Forms HUD 1174 and 9828 when appropriate) plus the total dollar amount of any repair expenditures made in accordance with the Approved Disposition Program, Form HUD-9503, since the time of acquisition. Generally, properties with severe structural deficiencies, serious health or safety hazards, or in need of substantial rehabilitation will not be eligible for sale to former mortgagors. Warranty provisions shall not apply in sales to former mortgagors and appropriate revision shall be made to the Standard Retail Sales Contract, Form HUD-9548, to reflect such condition of sale.

e. Since an active sales program is essential to achievement of the primary PD objective, due consideration must be given in the selection of appropriate disposition approaches to the sales effectiveness of selected approaches as indicated by current experience in the sales market. Approaches which do not produce adequate sales activity must be replaced by authorized approaches which do produce sales results.

f. Formal plans developed in accordance with outstanding instructions for the Planned Program Approach are to be reviewed, and revised where appropriate, to reflect the primary objective of the Property Disposition program and maximum feasible utilization of the as-is sales procedure.

g. Appropriate revisions to the Property Disposition Handbook to incorporate policy and procedural directive material contained in this notice are under development and will be issued upon completion.

H. R. CRAWFORD,

Assistant Secretary for Housing Management.

ABANDONMENT DISASTER DEMONSTRATION

RELIEF ACT OF 1975

FRIDAY, AUGUST 29, 1975

U.S. SENATE,

COMMITTEE ON BANKING, HOUSING AND URBAN AFFAIRS,
SUBCOMMITTEE ON HOUSING AND URBAN AFFAIRS,

Los Angeles, Calif.

The subcommittee met a 9:20 a.m., pursuant to call at Will Rogers Memorial Park, 103d Street and Central Avenue, Los Angeles, Calif., Senator Alan Cranston, acting chairman, presiding.

Present: Congressman Mark Hannaford; Carolyn Jordan, Assistant Counsel and Jerimiah Buckley, Minority Counsel, Banking, Housing, and Urban Affairs Committee.

Senator CRANSTON. The hearing will come to order.

Last year Senators Hart, Mondale, and I introduced S. 3115, the Housing Abandonment Disaster Demonstration Relief Act, a bill to test a new mechanism for acquiring and disposing of abandoned property and to develop new financial resources for localities affiliated by the disaster of large scale housing abandonment.

Because of the urgency of this problem we have introduced this bill again this year as S. 1988.

Housing abandonment is still a major menacing housing problem in our urban cities. Housing abandonment is a problem of poor people concentrated in overcrowded, unsafe, and unsanitary housing units, of streets scarred by vandalism and fire, of neighborhoods shunned by businesses and investors, of cities with dying central cores.

Housing abandonment is creating housing, crime, health and tax crises in many of the Nation's cities.

The last national survey in 1971 completed by the Library of Congress on national levels of housing abandonment indicated the growing magnitude of this problem.

Conservative estimates on the number of non-Government owned abandoned units, for example, run around 100,000 in New York, 12,000 in Baltimore, 10,000 in St. Louis, and 5,738 in Oakland.

Recent up-to-date figures on HUD-VA owned foreclosed properties in selected cities indicate that this problem continues to haunt our cities. As of May 1975, HUD owned 69,695 single-family properties nationwide and the VA owned 11,345. The following table will illustrate the volume of units that could be turned over to the corporation by HUD and VA in selected cities:

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As of March 1975, the Los Angeles area insuring office of HUD had 3,874 foreclosed single-family homes in their inventory. Of this total, 100 were in Ventura County and the remainder (3,774 units) were in Los Angeles County.

The city of Los Angeles accounted for 1,395 of these units (37 percent). Compton owned 759 (20 percent) units and Pomona had 462 units (12 percent).

Seventy-three other cities within the county accounted for the remaining 1,162 units. The heaviest concentration of units was in the south-central section of Los Angeles where 1,084 units accounted for 78 percent of that city's total in south-central. The VA has 1,105 repossessed properties in the Los Angeles area, 404 in Los Angeles city wide, and 8 in Watts. Exact figures fall short of describing the full magnitude of the housing abandonment problem in terms of the destruction of the quality of life it produces.

The Department of Housing and Urban Development has implemented several programs to rid itself of its growing inventory of repossessed homes. These attempts include: (a) The urban homesteading program announced May 1974, a 1-year experimental program with a projected goal of putting 700 homes in the hands of low-income citizens. This program has been fraught with difficulties because low-income homeowners have difficulties getting financing to repair these units; (b) other HUD programs include the "sale-as-is" program to encourage rapid purchase of HUD repossessions; (c) the "policy release option" program for local governments; (d) the neighborhood housing services program that make available loan funds for inner-city areas that are deteriorating.

On the local level a few cities have implemented their own urban homesteading program. Overall, very little has been done at the Federal or State level to adequately address the abandonment issue and none of the HUD programs have the necessary elements and flexibility to deal with developing unique solutions to the abandoned housing problem. There is no specific program to stop the housing abandonment wave from gaining momentum in city after city or to repair the destruction abandonment leaves in its wake.

Many different reasons have been given for the abandonment problem but it is difficult to deny that the Federal Government is not at least partially responsible for the problem. Many persons who could not afford housing were allowed to buy units. Little or no counseling for families buying a house for the first time was provided. Kickbacks, schemes, and speculation by realtors, builders, and HUD personnel have also contributed to this problem.

Recognizing that the Federal Government had a hand in creating the abandonment disaster and also recognizing that the Federal Gov

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