Law Summary
Definitions
- Key terms include abandoned subdivision or condominium, CLUP (Comprehensive Land Use Plan), housing, human settlements, informal settler families (ISFs), people's plan, public housing, urban development, and urban development planning.
- Definitions emphasize the multifaceted nature of housing as physical, social, and economic components.
Creation and Mandate of the Department
- DHSUD is created by consolidating HUDCC and HLURB.
- It is the primary national government entity for housing, human settlement, and urban development.
- It serves as the sole policy-making, planning, regulatory, coordination, and monitoring agency for housing and urban development.
- Develops national strategies to ensure adequate and affordable housing for all Filipinos.
Powers and Functions of the Department
- Policy Development, Coordination, Monitoring, and Evaluation
- Formulates national housing and urban development policies consistent with the Philippine Development Plan.
- Develops housing finance policies and promotes self-sustaining housing finance systems.
- Formulates public housing policies for homeless and underprivileged.
- Conducts research and studies on housing and urban development.
- Develops post-disaster housing and resiliency frameworks.
- Establishes sector performance monitoring mechanisms.
- Environmental, Land Use, and Urban Planning
- Maintains management and monitoring information systems including land and housing data.
- Provides technical assistance to LGUs for housing and urban development capacity building.
- Assists LGUs in utilizing socialized housing taxes and other funds.
- Owns and administers government-owned lands unused for at least ten years suitable for housing purposes, excluding lands held in trust by GOCCs.
- Prescribes land use planning and zoning standards.
- Develops plans for government centers nationwide.
- Housing and Real Estate Development Regulation
- Promotes estate, new town, new settlement developments, and urban renewal programs.
- Manages socialized and economic housing sites for resource mobilization.
- Implements a single regulatory system for housing and urban development activities.
- Takes over unfinished or abandoned licensed real estate projects under prescribed guidelines and regulates their road and street systems.
- Homeowners Association and Community Development
- Registers, regulates, and supervises homeowners associations (HOAs).
- Provides technical assistance to housing cooperatives and civil society organizations.
- Encourages public-private partnerships for housing and economic opportunities.
- Oversees the regulatory system governing housing and urban development projects.
- General Powers
- Enters into contracts, joint ventures, and partnerships.
- Receives and holds assets, grants, properties for its purposes.
- Implements commitments on human settlement under treaties and international agreements.
- Fixes and collects fees, fines, and penalties related to its regulatory functions.
- Recommends legislation and promotes indigenous materials and technology use.
- Exercises eminent domain for housing projects if necessary.
- Opens subdivision roads to the public when required for the general welfare.
Department Composition and Leadership
- Composed of the Office of the Secretary, bureaus, services, and regional offices.
- The Secretary advises the President on housing matters, sets policies and standards, promulgates rules, controls and supervises employees, and coordinates government programs.
- The Secretary serves as a voting member on various national boards such as NEDA, Climate Change Commission, NDRRMC, and National Land Use Committee.
- Assisted by three Undersecretaries and three Assistant Secretaries with specified qualifications.
Human Settlements Adjudication Commission (HSAC)
- HLURB is reconstituted as HSAC attached to DHSUD for policy coordination only.
- Composed of five Commissioners appointed by the President, including an Executive Commissioner responsible for administration.
- Regional Adjudicators appointed for regional branches handle original jurisdiction cases.
- Handles disputes involving subdivisions, condominiums, HOAs, land use, and housing laws.
- Has authority to promulgate rules, administer oaths, summon witnesses, hold contempt proceedings, issue injunctions, and enforce decisions.
- Appeals from Regional Adjudicators go to the Commission, and Commission decisions may be appealed to the Court of Appeals.
National Human Settlements Board
- A board exercises powers and functions in policy and program development of attached agencies.
- Chaired by DHSUD Secretary with key government secretaries and heads of attached agencies as members.
- Home Development Mutual Fund retains its own board.
Attached Corporations
- DHSUD supervises National Housing Authority, National Home Mortgage Finance Corporation, Home Development Mutual Fund, and Social Housing Finance Corporation.
- These corporations retain functions under existing charters but follow DHSUD policy directions.
- Plans to restructure corporations to eliminate program overlaps and streamline functions within two years.
Housing One-Stop Processing Centers (HOPCs)
- Established regionally to centralize processing of housing-related permits, clearances, and licenses.
- Ceilings for various housing income categories determined jointly by DHSUD and NEDA and reviewed every two years.
- Agencies involved in permit processing assigned authorized personnel to HOPCs.
Land Identification and Designation
- DHSUD coordinates with DENR, DAR, DA, DILG, and LRA to identify suitable government lands for housing and rural development within 180 days.
- Prioritizes idle government lands unused for over ten years, excluding exempt lands.
- Identified lands subject to transfer or administration approval by the President.
Transitory Provisions
- Transfer and consolidation of functions and assets of HUDCC and HLURB to DHSUD and HSAC respectively.
- Specific functions transferred from HLURB to DHSUD include land use planning, regulation of subdivisions, and HOA supervision.
- Employees of consolidated agencies are guaranteed security of tenure and may be absorbed or separated with benefits.
- Implementation rules to be prepared within 90 days.
- Transition period for full implementation is six months.
Appropriations and Miscellaneous Provisions
- Initial implementation funded through existing appropriations, subsequent funding included in annual budget.
- DHSUD required to conduct a mandatory review of implementation three years after effectivity.
- Standard legal provisions on separability, repealing inconsistent laws, and effectivity provided.