►
Description
House Property & Planning Subcommittee House Hearing Room 3
A
A
A
Thank
you,
madam.
I
need
to
announce
for
the
record
that
representative
carter
and
representative
jerry
sexton
are
both
excused.
A
A
A
Item
number
two
house
bill:
1326
by
representative
hardaway,
do
I
have
a
motion
proper
motion?
Second
representative
hardaway
you're
recognized
on
house
bill
1326..
Thank
you.
C
Thank
you,
mr
chairman
and
house
bill.
13
26.
C
A
D
C
I've
been
in
conversation
with
the
the
trustee
and
the
registered
members
of
those
associations
and
they
support
the
bill
and
they
will
have
resolutions
by
the
time
we
get
to
full
committee
in
support
of
the
bill.
D
Thank
you
representative.
I
guess
with
that.
Mr
chairman,
it's
I'm
going
to
be
a
no
at
this
time.
Is
there
a
chance
that
we
can
maybe
roll
this
a
week
and
get
those
resolutions
in
our
hands
before
we
proceed.
C
Well,
we
we
could,
mr
chairman,
that's
more
gravy
than
anything
else.
The
build
is
simple.
It
simply
protects,
puts
an
extra
layer
of
protection
for
the
consumer
by
making
sure
that
that
document
that
some
of
the
credit
challenged
citizens
will
sign
and
put
up
considerable
down
payment
that
should
they
lose
their
copy
or,
if
there's
some
dispute
about
what
was
original,
that
we
will
have
an
official
copy
that
will
be
in
the
registrar's
office.
That's
all
it
does.
E
Thank
you,
mr
chairman.
A
couple
of
things
come
to
my
mind
with
this
bill.
One
a
straight
out
mortgage
with
the
bank
like
most
of
us
probably
had
at
one
time,
is
not
required
to
be
filed
in
the
register's
office.
It
may
be,
but
it's
not
required.
E
So
that's
one
thing
and
then
two,
I
believe,
there's
nothing
in
the
law
keeping
this
from
being
filed
in
the
register's
office.
Now,
as
a
matter
of
fact,
I
believe
it
could
be
filed
in
the
register's
office
now
and
if
we
needed
to
defer
to
legal,
to
confirm
that
we
could.
But
I
don't
really
see
the
necessity
of
this.
C
Yes,
sir,
and
I'll
go
back
to
my
opening
statement,
it's
about
the
consumer,
who
typically
would
execute
such
a
document
lacking
it's
the
sophistication
of
the
typical
home
buyer,
who
goes
through
a
mortgage
company
who
has
the
the
input
of
a
closing
lawyer
quite
frequently
of
a
real
estate
professional.
C
Quite
often,
these
contracts
of
rent
to
own
the
lease
to
own
are
done
simply
between
the
owner
and
the
tenant,
and
there's
an
imbalance
in
the
professional
knowledge
then
and
ongoing.
So
it's
it's
not
a
matter
of
whether
it
can
be
done
at
this
time.
It's
a
matter
of
whether
it
should
be
done
and
it
I
believe
that,
since
in
the
best
interest
of
the
consumer,
because
of
that
imbalance
and
not
in
knowledge
that
it
should
be
filed,
I've
had
incidents
where
constituents
have
not
kept
up
with
the
paperwork.
E
Wouldn't
that
same
logic
apply
to
a
rental
agreement,
so
should
we
start
recording
our
rental
agreements
with
the
registrar's
office,
it
seems
to
me,
like
the
same
logic,
would
apply
if
a
renter
loses
their
lease
or
if
the
you
know,
property
owner
seems
to
change
the
rules
of
the
game.
It
seems,
like
same
logic,
would
apply
to
a
rental
lease
to
me.
That's
just
my
thinking,
representative.
C
Yes,
sir,
I
think
the
rental
agreement
leatherwood
would
be
an
option.
There's
not
the
type
of
tremendous
amount
of
money.
That's
usually
put
down
on
these
lease
options
that
would
be
comparable
to
the
typical
rental
agreement:
simple
rental
agreement,
which
might
be
one
month's
rent,
whereas
on
these
lease
to
purchase
or
rent
to
purchase
contracts,
it
will
be
thousands
of
dollars,
it's
usually
a
percentage
of
the
eventual
sales
price.
So
I
would
suggest
to
you
that
there's
a
big
difference.
F
We
we
open
a
big
existing
can
of
worms
when
you
first
approached
me
about
this,
I
thought
it
sounds
like
a
good
idea,
but
how
does
this
fit
into
the
current
framework?
So
now
that
I
understand
more
about
this,
is
this
is
looking
at
property
that
is
destined
to
change
ownership?
Is
that
correct.
C
Thank
you,
mr
chairman,
if
the
conditions
are
fulfilled
by
both
parties.
Yes,
sir.
F
Workings
of
the
contract
are
complete,
so
you're
just
you're,
describing
to
me
what
is
a
deed
of
trust,
not
a
quick
claim,
not
a
warranty
deed,
not
a
gift,
not
an
inheritance.
Those
are
all
different
forms
of
deeds.
A
deed
of
trust
is
where
there
is
a
contract
entered
into
and
the
ownership
is
retained
until
the
contract
is
complete.
A
C
Thank
you,
mr
chairman,
and
to
the
the
chairman
you're
exactly
correct.
This
is
comparable
to
the
deed
of
trust,
but
it's
also
comparable
to
the
mortgage.
That's
why
it's
important
that
this
gray
area
be
addressed.
C
E
For
those
that
might
not
know,
I
was
registered
dudes
for
18
years,
so
I
mentioned
something
to
a
little
reflecting
on
a
listening
conversation.
I
really
have
more
concerns
about
this
bill
than
I
did
before,
because
I
think
the
pertinent
tca
says
the
register
may
file
or
whatever
the
terminology
is
and
then
there's
a
long
list
mortgages
warranty
everything
we've
talked
about.
E
So
I
really
wonder
if
we're
going
to
require
this
one
and
maybe
there's
a
property
owner,
that's
not
so
savvy
kind
of
like
you're
talking
about
the
buyer,
maybe
the
seller's
not
so
savvy
and
he
doesn't
file
this,
but
the
law
requires
it.
While
the
law
doesn't
require
the
d
dar
house,
the
mortgage
star
house,
I'm
concerned
you'll
put
a
cloud
on
this
title
for
both
of
them.
If
it's
not
done
when
it's
required,
so
I
just
have
grave
concerns
and
on
this
bill,
yeah.
G
Thank
you,
mr
chairman.
Doug
garrett,
with
legal
services,
that's
correct
and
I'll
cite
make
reference
to
the
site
at
66-24-101,
a
that
the
following
writings
may
be
registered
and
there's
a
litany
of
types
of
deeds
and
every
other
sales
contracts
for
the
sale
of
land
included
in
there.
So
it
is.
I
think
that
that's
the
crux
of
the
issue
that
this
is
permissive
currently
so.
A
A
C
I
can't
remember
exactly
what
yours
was,
but
that
I
get
an
opportunity
to
address
those
concerns
by
having
individual
meetings.
So
I
would
ask
that
we
don't
take
a
vote
today,
even
though
I'm
confident
that
my
members
trust
me
enough
and
would
send
me
out
of
here
and
that
we
push
the
bill
to
next
week.
C
A
H
Thank
you,
mr
chairman
and
committee.
I
appreciate
the
attention
of
this
matter.
What
we
have
here
in
nashville
is
our
affordable
housing
crisis
and
over
the
past
few
years
during
my
tenure,
I've
had
the
opportunity
to
pass
some
laws
that
just
provided
permissive
tools
to
our
government
and
other
county
governments
to
address
this
problem.
H
That's
section
one
of
the
bill
section
two
of
the
bill
expands
the
powers
of
a
housing
authority
with
one
provision
there
to
allow
housing
authorities,
if,
if
allowed
by
a
county
government,
in
this
case
the
metro
council
to
create
or
delegate
that
housing
authority
to
negotiate
and
accept
payments
in
lieu
of
ad
valorem
taxes
from
the
housing
authorities,
lessees
operating
mixed
finance
projects,
but
again
that
such
authorization
must
be
granted
only
upon
a
finding
that
such
payments
are
deemed
to
be
in
furtherance
of
the
housing
authority's
public
purposes,
so
fully
transparent,
purely
permissive,
simply
creating
one
more
tool
in
the
toolbox
for
private
entities
to
help
build
affordable
housing
through
the
permission
of
the
local
council
or
local
county
government.
H
C
H
A
I
Mr
chair,
thank
you
for
the
opportunity
to
address
this
committee.
I'm
berkeley
allen,
a
member
of
nashville's,
metro,
council
and
past
chair
of
our
affordable
housing
committee,
I'm
here
to
ask
for
your
support
of
hb
818
by
representative
clemens.
This
bill
would
simply
broaden
the
applicability
of
payments
in
lieu
of
taxes
pilot
that
housing
authorities
can
negotiate
to
further
their
mission.
Pilots
have
been
used
very
successfully
to
leverage
funding
to
build
housing
that
is
accessibly
priced
for
people
earning
less
than
the
area
median
income.
I
I
believe
every
city
is
hearing
the
same
question
that
we
are
as
we
work
to
bring
businesses
to
tennessee.
Where
will
my
employees
be
able
to
find
the
housing
they
can
afford?
The
need
for
reasonably
priced
housing
is
an
issue
for
residents
and
increasingly
for
businesses
all
across
the
state.
Our
economies
depend
on
people
like
our
service
workers,
teachers,
construction
workers,
firefighters,
police
officers
and
nurses,
and
we
need
to
ensure
that
they
can
find
housing
reasonably
close
to
their
jobs.
I
I
I
This
would
help
add
badly
needed,
affordable
housing
in
the
areas
where
the
jobs
are
in
the
context
of
mixed
income,
development,
mixed
un-income,
housing,
deconcentrates
poverty,
helps
relocate
people
to
areas
of
opportunity
and
adds
to
the
diversity
of
neighborhoods.
This
expanded
pilot
tool
could
benefit
any
county
that
is
struggling
with
having
a
diversity
of
housing
and
it
could
allow
all
builders
to
participate,
even
if
they're
not
experienced
in
the
very
complex
kind
of
funding
used
for
litec.
H
Thank
you,
mr
chairman
and
committee,
and
as
councilwoman
allen
referenced.
The
metro
council
did
pass
a
resolution
in
support
of
this,
and
I've
provided
a
copy
of
that
to
the
chairman
prior
to
this
hearing,
and
so
I
would
respectfully
ask
yours
for
your
support
to
provide
our
counties
a
tool
to
build
affordable
workforce
housing
if
necessary.
F
Thank
you,
mr
chairman,
the
question
of
the
presenter.
Now
the
difference
between
where
we
sit
right
now,
with
the
metro
government
being
able
to
provide
pilot
or
tiff,
I
don't
know
which
I
don't
know
how
many
tools
are
in
your
toolbox
right
now,
the
difference
between
where
you
are
right
now.
What
is
this
actually
going
to
do
that
makes
the
program
then
work
where,
where
is
the
money
coming
from
representative
clemens.
H
Thank
you
and
again
councilwoman.
Alan
may
correct
need
to
correct
me
on
this,
but
right
now
the
program
that's
working
is
is
working.
Fine.
This
just
adds
a
layer
to
it.
What
we
have
here
is
private
developers
or
private
entities
that
want
to
engage
in
this
and
that's
what
this
would
add.
So
if
you
have
a
private
developer
wanting
to
do
this
as
a
lessee,
a
property
owned
by
an
mdha,
for
example,
they
can
then
engage
in
this
through
a
pilot.
H
It's
just
simply
one
more
thing:
it's
not
saying
that
some
things
that
are
currently
existing
aren't
working.
This
is
just
one
more
tool
to
provide
some
more
opportunity.
Follow-Up
vice.
H
That's
the
reason
for
that
section
of
the
bill,
in
addition
to
li-tech
properties
or
low-income
housing,
tax
credit
properties
that
contain
the
affordable
workforce,
housing
component
that
would
allow
for
the
construction
of
more
affordable
housing
and
more
quickly
address
the
critical
housing
needs.
So
it's
just
a
that
additional
tool
to
to
provide
that
opportunity,
and
if
is
there
anything
you
would
add,
can
we
go
to
session
and
she
can
answer
the
question
more
specifically.
I
Very
quickly,
just
what
this
adds
is
the
ability
to
use
the
pilot
which
we
have
used
so
far.
Only
for
low
income,
housing
tax
credit
projects
that
it
was
created
specifically
to
meet
a
need
on
low
income,
housing
tax
credit
projects
to
fill
a
gap
for
the
income
tax
that
they
have
to
pay
on
the
value
of
their
credits
and
the
discovery
was.
It
has
been
the
most
successful
tool
that
we
have
used
and
has
created
the
most
number
of
units
of
housing.
I
So
this
would
then
expand
it
so
that
the
projects
would
not
necessarily
have
to
have
a
litec
component,
but
that
they
would
still
be
able
to
be
covered
for
the
portion
of
the
the
units
that
are
income
qualified
to
make
up
the
difference
between
market
rate
and
the
rate
that
would
be
charged
to
those
to
those
renters.
So
it
allows
someone
to
still
make
a
profit
on
a
project
knowing
that
they've
got
they've
lowered
their
operating
costs
by
having
the
tax
abatement.
A
D
C
I
So
the
for-profit
builders
have
continued
to
say
to
us:
we
could
we
could
build
units
and
offer
them
offer
some
at
a
lower
rent,
but
only
if
we
can
take
to
the
bank
that
we
know
our
operating
costs
are
going
to
be
lower.
This
is
one
tool
that
you
can
use
as
a
tax
abatement
and
the
only
way
we
can
offer
tax
abatements
are
through
through
the
tools
through.
D
Legislation,
correct
okay,
because
that's
where,
because
that's
where
I'm
looking
at.
Of
course,
it
says
the
bill
changes
such
authorization
to
include
delegation
to
the
housing
authority
and
is
that
a
part
of
what
your
as
a
city
county
is
not
allowed
to
do
at
this
time
and
by
making
this
delegation,
then
it's
that's
the
additional
thing
in
the
toolbox.
We're
talking
about.
I
D
Representative
ready
because
I
certainly
don't
want
to
create
a
runaway
train
with
different
cities
councils
and
it
looks
like
it's
present-
law
authorizes
the
city
or
county
for
which
a
housing
authority
is
created,
so
is
every
county?
Have
a
housing
authority
that
this
would
help?
Or
are
we
just
talking
about
our
larger
cities,
counties.
I
A
H
Thank
you,
mr
chairman,
and
I
appreciate
you
allowing
ms
allen
to
or
councilwoman
allen
to
answer
those
questions
like
I
said,
she's
much
more
knowledgeable
in
this
than
I
and
I'm
the
recipient
of
this
legislation
on
their
behalf
and
other
counties
do
have
housing
authorities.
I
can't
say
affirmatively
that
all
95
counties
have
them,
but
more
counties
than
just
the
big
cities
have
them,
and
so
this
is
available
to
any
county.
But
that's
the
key
component
too.
The
local
government
has
to
authorize
them
under
this
legislation.
This
isn't
a
requirement.
H
This
is
there's
a
double
check
here.
So
what
you're
doing
is
empowering
the
local
government
to
assign
or
delegate
this
authority
to
their
housing
authority
if
they
want
and
then
when
that
decision
is
made,
the
council
then
would
approve
it
in
nashville's
case.
After
so
you
got
to
double
check
there
with
the
transparency
when
the
tax
abatement
issues
arise.
Representative.
D
Thank
you,
mr
chairman
representative
clemens.
I
I
guess
that's
where
my
concern
is,
is
for
the
city
or
county
just
delegating
their
authority
to
somebody
else,
and
I
I
see
in
washington
dc
that's
become
a
problem.
We
certainly
don't
need
to
start
delegating
stuff
out
to
unelected
officials
in
the
state
of
tennessee.
Thank
you,
mr
chairman.
H
Yeah,
I
mean,
I
think,
that's
the
inherent
benefit
of
this
legislation
is
we're
empowering
local
governments
to
use
a
tool,
but
they
by
no
means
have
to
use
that
tool,
and
you
know
I
think
the
local
governments
generally
appoint
these
housing
authorities.
So
it's
imperative
to
have
individuals
on
there
who
are
making
those
decisions,
but
once
they
even
make
that
decision,
it
then
comes
back
to
the
governing
body
again
to
accept
that
tax
abatement
in
metro
council's
instance.
So
you've
got
a
double
check
on
the
process
here
by
elected
individuals.
H
So
I
think
the
the
protections
are
in
place
the
the
process
here,
it's
so
badly
needed,
and
I
know
it
is
in
sevier
county
and
I
know
it
is,
and
many
other
cities
and
counties.
You
know
this
is
just
gives
us
another
opportunity
to
facilitate
this
type
of
development
for
private
developers.
Who
really
want
to
do
this
and
help
con.
You
know
address
a
real
problem.
A
A
J
It
states
in
the
fiscal
note
and
there's
no
impact
on
the
fiscal
year
non-significant,
but
I
had
a
very,
very
big
concern
because
I
had
tenants
calling
me
about
displacement
and
housing
repairs
roofing
now
I
know
that
the
housing
tennessee
housing
development
agency
has
the
authority
in
talking
with
the
director
to
assist
people
with
housing
and
repairs.
J
I
have
letters
dating
back
in
2018
asking
for
some
assistance
for
our
senior
citizen
and
his
roofing,
and
this
came
in
now
after
three
and
he's
still
on
a
waiting
list.
I
had
another
another
constituent
who
is
disabled
and
was
disliked
dislocated
in
a
housing
development.
I
didn't
know
that
she
lives
in
my
district
and
most
both
of
them
do
and
she
has
been
asking
for
section.
Eight
she
was
displaced.
J
You
know
when
you
come
in
and
redevelop
and
develop
the
different
areas
that
the
tenants
have
to
to
move
and
reapply
for
housing
and
she
was
overlooked
individually.
I'm
sure
it
was
an
error.
She
kept
going
down
trying
to
get
her
assignment
her
home
and
she
never
to
get
her
apartment.
So
she
finally
wrote
me:
I
called
me
she
and
her
mother,
and
this
was
in
2019.
J
Then
I
followed
through
with
the
letters
until
2020.
I
have
some
here
and
the
final
letter
that
I
had
received
from
the
memphis
housing
authority
and
community
development
is
that
they
didn't.
They
didn't
really
accept,
not
placing
her.
I
don't
know
what
happened.
She
just
wanted
those.
Sometimes
things
fall
to
the
cracks,
but
they
did
not
attempt
to
try
to
find
her
housing.
J
That's
what
they
did
on
a
letter.
They
just
sent
some
suggestions
on
where
she
should
go
to
hood
and
two
or
three
other
telephone
numbers
are
called
to
get
her
own
replacement.
J
So
I'm
asking
you
your
support
in
making
sure
that
the
housing
authority
and
I
had
a
note
from
the
housing
fund-
I
talked
with
them
over
the
last
two
or
three
years
about
the
complaints
that
I
have
been
receiving
very
kind
and
let
me
just
give
them
recognition.
I
had
something
here
note
from
them
that
they're
gonna,
that
they
wanted
me
to
to
get
back
with
them,
and
I
will,
after
the
bill,
is
considered
here
today.
Yes,.
F
Or
as
an
organization,
I
think
I'm
asking
the
committee
now
has
been
established
in
order
that
there
be
funds
available
for
people
to
to
borrow
money
and
purchase
a
home.
In
fact,
the
cap
on
the
amount
of
money
that
they
were
able
to
access.
F
How
does
how
does
the
saying
we're
going
to
place
people
with
thda?
How
does
it
affect
their
overhead
or
their
operating
budget?
They
they
do
not
take
people
just
to
be
placed
in
housing.
It's
got
to
be
someone,
that's
approaching
them
to
borrow
money
and
and
get
a
roof
over
their
head
through
the
normal
process
of
buying,
but
at
a
better
rate
or
a
better
guarantee
or
a
better,
the
thda's
non-profit,
but
they
still
got
to
cover
their
operations.
What
I'm
getting
at!
J
Thank
you,
mr
chair,
and
we
may
have
to
ask
legal
to
help
me
with
this.
My
understanding-
and
I
may
be
incorrect-
is
that
memphis
at
the
tennessee
housing
agency
has
funding
to
assist
citizen
counties
with
housing
for
senior
citizens,
disabled
people.
These
are
senior
citizens
and
when
you,
for
example,
sometimes
our
housing
developments
are
antiquated,
need
to
be
torn
down.
Developers
come
in
and
they
tear
down
the
city
and
they
county
approve.
J
Must
be
moved
so
the
development
can
go
on
once
the
development
is
completed.
These
tenants
are
supposed
to
be
either
back
to
that
particular
development
or
they
are
placed
in
a
new
housing.
So
this
particular
lady
was
just
she
was
just
inadvertently
left
out
now
I
don't
know
whether
I'm
answering
your
question
or
not.
J
So
maybe
legal
can
help
me
with
this,
but
the
other
thing
was
the
the
roofings,
the
the
the
apartment
housing,
the
housing
repairs
that
the
thda
had
some
authority
to
check
on
those
folks
who
provide
money
and
funding
to
assist
with
housing,
repairs
for
senior
citizens.
A
Representative
cooper,
let
me
representative
wright,
did
that
answer
your
question
or
do
we
need
to
hear
from
legal.
G
Session,
thank
you,
chairman
doug
garrett,
with
the
office
of
legal
services
and
representative
wright.
Your
your
question
pertains
to
the
authority
of
the
thda
relative
to
making
funds
available
and
that
sort
of
thing
that
that
was
your
question
right
and
how
this?
How
that
dovetails?
If,
at
all,
with
what
bill
does
the
by
statute
is
given
the
power
to
raise
funds
from
private
investors
through
the
issuance
of
bonds
and
notes,
and
to
use
such
funds.
G
That's
the
only
thing
that
I
I
see
in
their
creating
authority,
their
powers
and
their
purposes
relative
to
anything
that
might
resemble
what's
what
would
occur
here,
it's
not
to
say
that
they
couldn't
do
it.
But
again,
their
predominant
authority
is
to
make
funds
available
through
these,
through
private
investors
and
through
the
issuance
of
bonds,
and
that
sort
of
thing.
A
F
They
they
provide,
building
and
and
they're
doing
that
now
and
they
have
to
stay
on
a
footing
of
they
do
not
receive
allocations
from
the
state
of
tennessee,
so
asking
them
to
do
something
that's
outside,
where
we've
placed
them
without
sending
them
some
money.
Because
I
I
think
that
says
here,
the
physical
impact
is.
J
J
The
federal
funds
must
come
just
from
federal
directly
to
the
city
and
county,
because
there
are
people
who
are
being
approved
for
housing,
repairs
if
they're
senior
citizens
and
and
of
course
they
told
me
that
he
was
on
the
list
that
that's
this,
the
housing.
That's
a
city,
now
that's
the
county.
I
don't
want
to
get
confused
with
the
state
that
he
was
just
on
a
waiting
list,
but
it's
been
over
three
years
and
my
understanding
when
I
talked
with
thda,
only
didn't
say
that
they
didn't
have
their
thought.
J
H
J
Talk
with
thda
and
talk
with
the
housing
and
community
development
in
memphis,
tennessee,
shelby
county.