[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4218 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4218

   To provide rental assistance under section 8 of the United States 
  Housing Act of 1937 in a manner that preserves residential property 
   values, protects residents, and enhances tenant and neighborhood 
                                safety.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 1998

 Mr. Andrews introduced the following bill; which was referred to the 
              Committee on Banking and Financial Services

_______________________________________________________________________

                                 A BILL


 
   To provide rental assistance under section 8 of the United States 
  Housing Act of 1937 in a manner that preserves residential property 
   values, protects residents, and enhances tenant and neighborhood 
                                safety.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Section 8 Housing Improvement Act''.

SEC. 2. LIMITATION ON USE OF ASSISTANCE BY AREA.

    Section 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f) is amended by inserting after subsection (k) the following new 
subsection:
    ``(l) Limitation on Use of Assistance By Area.--
            ``(1) Authority.--A public housing agency that makes 
        assistance available under subsection (b) or (o) of this 
        section may define an area or areas within the jurisdiction of 
        the agency and, subject to the provisions of paragraph (2), 
        limit the number of families that may use such assistance to 
        rent a dwelling unit within any such area. Such an area may 
        consist of the entire geographical jurisdiction of the agency 
        or an area that is smaller than such jurisdiction.
            ``(2) Required finding.--A public housing agency may limit 
        the number of families that may use assistance under subsection 
        (b) or (o) to rent a dwelling unit within an area defined under 
        paragraph (1) only if the agency determines, and certifies to 
        the Secretary, that the limitation is necessary--
                    ``(A) to preserve the value of property in such 
                area;
                    ``(B) to preserve the right of existing residents 
                of such area to safety and to the quiet enjoyment of 
                their property; or
                    ``(C) to preserve the unique character and nature 
                of the area.''.
        Any limitation under this subsection for an area may not 
        restrict the number of families using assistance in such area 
        by more families than is necessary to accomplish the purpose 
        under subparagraph (A), (B), or (C) for which the limitation is 
        established or for any other reason than such purpose.''.

SEC. 3. NEIGHBORHOOD REVIEW COMMITTEES.

    (a) In General.--Section 8 of the United States Housing Act of 1937 
(42 U.S.C. 1437f) is amended by inserting after subsection (l), as 
added by section 2 of this Act, the following new subsection:
    ``(m) Neighborhood Review Committees.--
            ``(1) Establishment.--Each public housing agency that 
        administers tenant-based assistance under subsection (b) or (o) 
        of this section shall establish and maintain a neighborhood 
        review committee (in this subsection referred to as the 
        `committee'). The committee shall consist of not less than 3 
        and not more than 6 individuals, who shall be appointed by the 
        public housing agency and shall include not less than 3 
        individuals who are not, directly or indirectly, recipients of 
        housing assistance under this section or any other housing 
        assistance provided by the Federal Government or any State or 
        local government (not including single family mortgage 
        insurance provided under title II of the National Housing Act). 
        The members of the committee shall be residents of the 
        jurisdiction served by the agency. Members of the committee 
        shall serve for terms of not more than 2 years and there shall 
        be no limit to the number of terms that any member may serve.
            ``(2) Functions.--The committee shall obtain and review 
        information referred to in paragraphs (3) and (4) for the 
        purpose of advising the public housing agency regarding 
        enforcement of laws and regulations governing assistance 
        provided under the tenant-based rental assistance programs 
        under this section and assisting the agency to enforce such 
        laws and regulations.
            ``(3) Availability of records regarding assisted 
        families.--Notwithstanding any other provision of Federal or 
        State law (including any law regarding confidentiality of such 
        information), the committee for a public housing agency may 
        obtain any of the following records and information relating to 
any member of a household on whose behalf tenant-based assistance under 
subsection (b) or (o) of this section is provided and who resides 
within the jurisdiction of the agency:
                    ``(A) Criminal conviction, arrest, and activity 
                records from any law enforcement agency.
                    ``(B) Police reports.
                    ``(C) Juvenile arrest and punishment records.
                    ``(D) References and reports of past or present 
                lessors.
                    ``(E) Records of civil actions filed against the 
                member and any related judgments, settlements, or other 
                dispositions.
                    ``(F) Any other information reasonably related to 
                the procurement of information described in this 
                paragraph.
        This paragraph shall apply with respect to any member of any 
        household on whose behalf such tenant-based assistance is 
        provided after the date of the effectiveness of the regulations 
        implementing this subsection. A public housing agency shall 
        provide written notice to each applicant for tenant-based 
        assistance from the agency of the effect of the provisions of 
        this paragraph on the applicant's rights to confidentiality of 
        information described in this paragraph.
            ``(4) Availability of records regarding landlords.--
        Notwithstanding any other provision of Federal or State law 
        (including any law regarding confidentiality of such 
        information), the committee for a public housing agency may 
        obtain any of the following records and information relating to 
        any owner of a dwelling unit located within the jurisdiction of 
        the agency for which assistance payments are made under 
        subsection (b) or (o) of this section:
                    ``(A) Criminal conviction, arrest, and activity 
                records from any law enforcement agency.
                    ``(B) Police reports.
                    ``(C) Citations, convictions, fines, or judgments 
                for violations of any laws, regulations, standards, or 
                codes relating to housing quality or habitability.
                    ``(D) Complaints, grievances, or actions filed by 
                any current or former tenants, and any records of any 
                related judgments, settlements, or other dispositions.
                    ``(E) Any other information reasonably related to 
                the procurement of information described in this 
                paragraph.
        This paragraph shall apply with respect to any owner of an 
        assisted dwelling unit for which assistance payments are made 
        after the date of the effectiveness of the regulations 
        implementing this subsection.
            ``(5) Penalty.--Any person who obtains or uses information 
        under this subsection for purposes other than those described 
        in paragraph (2), or discloses such information in any manner 
        to any individual not authorized under law to receive such 
        information, shall be imprisoned not more than one year and 
        fined not more than $10,000 (and such offense is hereby 
        exempted from the applicability of the fine provided under 
        section 3571 of title 18, United States Code), or both.''.
    (b) Regulations.--The Secretary of Housing and Urban Development 
shall issue any regulations necessary to carry out the amendment made 
by subsection (a) not later than the expiration of the 12-month period 
beginning on the date of the enactment of this Act, which shall take 
effect not later than the expiration of the 90-day period beginning 
upon such issuance.

SEC. 4. ENFORCEMENT OF HOUSING QUALITY STANDARDS.

    (a) In General.--Section 8 of the United States Housing Act of 1937 
(42 U.S.C. 1437f) is amended by adding at the end the following new 
subsection:
    ``(cc) Enforcement of Housing Quality Standards.--Each contract 
providing for housing assistance payments for tenant-based assistance 
under subsection (b) or (o) shall provide that if a public housing 
agency determines that a dwelling unit for which tenant-based 
assistance is provided under subsection (b) or (o) fails to comply with 
the standards for housing quality for units so assisted or with any 
applicable State or local law, regulation, standard, or code relating 
to housing quality or habitability, the following action shall be 
taken:
            ``(1) Notification.--The public housing agency shall notify 
        the Secretary, tenant, and owner of the unit of the 
        noncompliance and shall notify the tenant and owner of the 
        action required under this subsection.
            ``(2) Withholding of assistance.--During the period of the 
        noncompliance, the agency shall withhold all of the assistance 
        amounts under this section with respect to the unit and the 
        Secretary shall withhold any other assistance amounts provided 
        with respect to the unit under any program administered by the 
        Secretary. The agency and the Secretary shall promptly release 
        any withheld amounts to the owner after the owner corrects the 
        noncompliance. An owner may not terminate the tenancy of any 
        tenant or refuse to renew a lease for such unit because of the 
        withholding of assistance pursuant to this paragraph.
            ``(3) Termination of lease or assistance payments 
        contract.--If assistance amounts under this section for a 
        dwelling unit are withheld pursuant to paragraph (2) and the 
        owner does not correct the noncompliance before the expiration 
        of the lease for the dwelling unit and such lease is not 
        renewed, the Secretary shall recapture any such amounts from 
        the public housing agency.
            ``(4) Applicability.--This subsection shall apply to any 
        dwelling unit for which a housing assistance payments contract 
        is entered into or renewed after the date of the effectiveness 
        of the regulations implementing this subsection.''.
    (b) Regulations.--The Secretary of Housing and Urban Development 
shall issue any regulations necessary to carry out the amendment made 
by subsection (a) not later than the expiration of the 12-month period 
beginning upon the date of the enactment of this Act, which shall take 
effect not later than the expiration of the 90-day period beginning 
upon such issuance.
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