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In This Issue
Business Report
NAR Joins Senators to Introduce the Small Business Health Options Program
NAR Meets With HUD on Home Warranty Marketing Agreements

Conventional Residential Lending Report
NAR Comments on the Federal Reserve Board's Proposed HOEPA Rule
NAR Raises Concerns about Fannie and Freddie Policies

Environment Report
EPA To Publish Lead Paint Renovation Rules

Federal Tax Report
Quick Action on a Home Buyer Tax Credit

Housing Report
Senate Passes Second Housing Stimulus Measure




Business Report
NAR Joins Senators to Introduce the Small Business Health Options Program

On March 2, 2009, The National Association of REALTORS® joined Senators Richard Durbin (D-Ill.), Blanche Lincoln (D-Ark.), Olympia Snowe (R-Maine) and Norm Coleman (R-Minn.) as they introduced S. 2795, the Small Business Health Options Program (SHOP). President-elect Charles McMillan spoke at the press conference where the legislation was introduced to offer NAR's support.

As proposed, SHOP would offer tax incentives to encourage states to reform group insurance markets and make health insurance premiums for small businesses and the self-employed more affordable. It would also develop a nationwide insurance small business purchasing pool that would still be subject to state insurance regulation to protect those who choose to participate.

NAR research indicates that one in four of NAR members do not have health care insurance, and for most REALTORS® the reason is cost. NAR supports the program as a solid first step toward reforming the U.S. health care market for small businesses and independent contractors such as REALTORS®.

Small Business Health Options Program (SHOP) Overview

Marcia Salkin 202-383-1092, Jamie Gregory 202-383-1027, Scott Rinn 202-383-7508

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NAR Meets With HUD on Home Warranty Marketing Agreements

On April 3, 2008, NAR and National Home Service Contract Association (NHSCA) representatives met with Gary Cunningham, Deputy Assistant Secretary of HUD for Regulatory Affairs and his senior staff to discuss home warranty marketing agreements. The issue arose when HUD issued an unofficial staff interpretation in February 2008 stating that payments by home warranty companies to real estate brokers and agents under terms of "marketing agreements" appear to violate RESPA. Attendees explained to HUD officials why their limited letter ignored key elements that make such payments bona fide compensation for actual services rendered in the sale of home warranty products. HUD was asked to provide clarification on this issue in light of the unofficial staff interpretation by either withdrawing the letter or issuing guidance in some form that will acknowledge the validity of such marketing agreements under RESPA. HUD staff agreed to study additional information on this issue and NAR will follow-up to ensure that HUD has a full understanding of the nature of the bona fide services rendered by real estate brokers and agents.

Scott Rinn 202-383-7508, Marcia Salkin 202-383-1092

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Conventional Residential Lending Report
NAR Comments on the Federal Reserve Board's Proposed HOEPA Rule

On April 7, 2008, NAR President Dick Gaylord submitted NAR's comments on the Federal Reserve Board's HOEPA rule designed to protect consumers from unfair, abusive, or deceptive lending and servicing practices in the mortgage market. NAR's letter:
  • Supports giving additional protections to consumers with higher-priced mortgages.
  • Supports (1) requiring lenders to make loans to people who can afford to pay them back and to verify income and assets (with suggestions for strengthening the proposal), (2) establishing more limits on prepayment penalties, and (3) requiring escrows/reserves for taxes and insurance.
  • Questions whether it is feasible to require mortgage brokers to disclose the maximum dollar amount of any yield spread premium before the consumer even files an application.
  • Supports rules to prevent coercive appraisals and abusive servicing practices.
  • Asks the Fed to coordinate with HUD to resolve differences between HUD's RESPA rule and the Fed HOEPA rule.
NAR's comment letter

The Fed's proposed HOEPA rule

Marcia Salkin 202-383-1092, Jeff Lischer 202-383-1117

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NAR Raises Concerns about Fannie and Freddie Policies

On April 11, 2008, NAR President Dick Gaylord wrote letters to Fannie Mae CEO Dan Mudd and Freddie Mac CEO Dick Syron to raise serious concerns about a range of Fannie and Freddie policies that, taken as a whole, are hurting the entire national economy, not just the housing and mortgage markets.

Realtors think there has been an overreaction by the GSEs and others in the housing finance industry that, even in the short term and certainly in the long term, will cause harm to the organizations involved by delaying recovery of the housing and mortgage markets. Many small individual policy decisions designed to keep the enterprises financially sound, when layered one upon another, have created major impediments to healthy mortgage and housing markets.

The letters address three main areas of concern:
  1. A wide variety of higher fees and other underwriting standards that make mortgages much less affordable.
  2. Policies reducing maximum loan-to-value ratios (LTVs) by five percentage points for homes in declining markets.
  3. Extremely tight underwriting standards for jumbo conforming loans authorized by the Economic Stimulus Act.
NAR's letter to Fannie Mae
NAR's letter to Freddie Mac

Jeff Lischer 202-383-1117, Marcia Salkin 202-383-1092

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Environment Report
EPA To Publish Lead Paint Renovation Rules

The Environmental Protection Agency has said it will publish the long-awaited final lead-based paint renovation regulations in the Federal Register the week of April 13, 2008. These final regulations will govern lead-based paint renovation, repair and painting activities in single and multi-family housing constructed prior to 1978. NAR staff has obtained a pre-publication copy of these rules and are closely analyzing all the provisions to ascertain how they might impact Realtors and property managers.

Russell Riggs 202-383-1259, Megan Booth 202-383-1222

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Federal Tax Report
Quick Action on a Home Buyer Tax Credit

When Congress returned March 31 from its Easter break, they immediately got to work on a package intended to shore up the sagging housing market. In the Senate, a bill went directly to the floor, without committee consideration. In the House, the Ways and Means Committee has crafted a package of tax incentives, as well.

The Senate legislation (H.R. 3221) would create a temporary tax credit for individuals who purchased a principal residence between April 1, 2008 and April 1, 2009. The credit amount would be $7000, to be taken in two increments ($3500 each) over two years. The Senate version of the tax credit would be available to any buyer but would apply only to purchases of foreclosed properties that would be used as a principal residence. The Administration has criticized this approach as distorting markets and prices.

The Ways and Means package (H.R. 5720) creates a $7500 tax credit that would be taken in full on the tax return for the year of purchase. Any principal residence would be eligible for the tax credit, but only first-time homebuyers with incomes of $70,000 ($140,000 on a joint tax return) would be eligible for the credit. NAR data show that more than 95% of first-time homebuyers fall within that income level. The Ways and Means tax credit would be available between April 8, 2008 and April 1, 2009.

View a side by side chart comparing the House and Senate tax provisions

Linda Goold 202-383-1083, Helen Devlin 202-383-7559

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Housing Report
Senate Passes Second Housing Stimulus Measure

By a vote of 84-12, the Senate last week passed a bill (H.R. 3221) that includes both FHA and tax measures and authorizes new spending to address the housing crisis. The bill includes a $7000 tax credit for homeowners who purchase homes at or near foreclosure; FHA modernization legislation that would raise the FHA loan limits to $550,000 (upon expiration of the temporary economic stimulus limits), streamline condominium purchases with FHA, and increase the downpayment for FHA loans to 3.5% (from 3%); and a provision to provide expanded mortgage revenue bond authority to refinance subprime mortgages.

The House has prepared a different tax package (H.R. 5720) that includes a $7500 tax credit for first time homebuyers to buy any home (not just foreclosed homes), the same provision on mortgage revenue bonds as the Senate, increases funding allocations for the Low Income Housing Tax Credit program, and modifies FIRPTA reporting requirements to prevent identity theft.

The House is also expected to offer a much expanded housing package. It is expected to include FHA reform as well as an expanded program to allow FHA to work with lenders to write down and refinance subprime mortgages.

Both bills have received much attention. Both include some controversial provisions. NAR continues to work with staff in both the House and Senate on the details of the packages.

Megan Booth 202-383-1222, Linda Goold 202-383-1083

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Last Updated: 04/14/2008 Bira de Aquino

 
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