110 HR 1851 : Section 8 Voucher Reform Act of
U.S. House of Representatives
2007-07-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Section 8 Voucher Reform Act of
2007
.
2.Inspection of dwelling
units
(a)Section 8(o)(8) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)) is
amended—
(1)by striking
subparagraph (A) and inserting the following new subparagraph:
(A)
(i)For each dwelling unit for which a housing assistance
payment contract is established under this subsection, the public housing
agency (or other entity pursuant to paragraph (11)) shall inspect the unit
before any assistance payment is made to determine whether the dwelling unit
meets the housing quality standards under subparagraph (B), except as provided
in clause (ii) or (iii) of this subparagraph.
(ii)Correction of
non-life threatening conditionsIn the case of any dwelling unit that is
determined, pursuant to an inspection under clause (i), not to meet the housing
quality standards under subparagraph (B), assistance payments may be made for
the unit notwithstanding subparagraph (C) if failure to meet such standards is
a result only of non-life threatening conditions. A public housing agency
making assistance payments pursuant to this clause for a dwelling unit shall,
30 days after the beginning of the period for which such payments are made,
suspend any assistance payments for the unit if any deficiency resulting in
noncompliance with the housing quality standards has not been corrected by such
time, and may not resume such payments until each such deficiency has been
corrected.
(iii)Projects
receiving certain federal housing subsidiesIn the case of any property that within the
previous 12 months has been determined to meet housing quality and safety
standards under any Federal housing program inspection standard, including the
program under section
42 of the Internal Revenue Code of 1986 or under subtitle A of
title II of the Cranston Gonzalez National Affordable Housing Act of 1990, a
public housing agency may authorize occupancy before the inspection under
clause (i) has been completed, and may make assistance payments retroactive to
the beginning of the lease term after the unit has been determined pursuant to
an inspection under clause (i) to meet the housing quality standards under
subparagraph (B).
;
(2)by
striking subparagraph (D) and inserting the following new subparagraph:
(D)
(i)Each public housing agency providing
assistance under this subsection (or other entity, as provided in paragraph
(11)) shall, for each assisted dwelling unit, make inspections not less often
than biennially during the term of the housing assistance payments contract for
the unit to determine whether the unit is maintained in accordance with the
requirements under subparagraph (A). The agency (or other entity) shall retain
the records of the inspection for a reasonable time and shall make the records
available upon request to the Secretary, the Inspector General for the
Department of Housing and Urban Development, and any auditor conducting an
audit under section 5(h).
(ii)An inspection of a property shall be sufficient to
comply with the inspection requirement under clause (i) if—
(I)the inspection was
conducted pursuant to requirements under a Federal, State, or local housing
assistance program (including the HOME investment partnerships program under
title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12721 et seq.)); and
(II)pursuant to such
inspection, the property was determined to meet the standards or requirements
regarding housing quality or safety applicable to units assisted under such
program, and, if a non-Federal standard was used, the public housing agency has
certified to the Secretary that such standards or requirements provide the same
protection to occupants of dwelling units meeting such standards or
requirements as, or greater protection than, the housing quality standards
under subparagraph (B).
;
and
(3)by redesignating
subparagraph (E) as subparagraph (G);
(4)by inserting after
subparagraph (D) the following new subparagraphs:
(E)Upon notification to the public housing agency, by a
family on whose behalf tenant-based rental assistance is provided under this
subsection or by a government official, that the dwelling unit for which such
assistance is provided does not comply with the housing quality standards under
subparagraph (B), the agency shall inspect the dwelling unit—
(i)in
the case of any condition that is life-threatening, within 24 hours after
receipt of such notice; and
(ii)in the case of
any condition that is not life-threatening, within 15 days after receipt of
such notice.
(F)Enforcement of
housing quality standards
(i)Determination of
noncomplianceA dwelling unit that is covered by a housing
assistance payments contract under this subsection shall be considered, for
purposes of this subparagraph, to be in noncompliance with the housing quality
standards under subparagraph (B) if—
(I)the public housing
agency or an inspector authorized by the State or unit of local government
determines upon inspection of the unit that the unit fails to comply with such
standards;
(II)the agency or
inspector notifies the owner of the unit in writing of such failure to comply;
and
(III)the failure to
comply is not corrected—
- (aa)in
the case of any such failure that is a result of life-threatening conditions,
within 24 hours after receipt of such notice; and
- (bb)in
the case of any such failure that is a result of non-life threatening
conditions, within 30 days after receipt of such notice or such other
reasonable period as the public housing agency may establish.
(ii)Withholding of
assistance amountsThe public
housing agency shall withhold all of the assistance amounts under this
subsection with respect to a dwelling unit that is in noncompliance with
housing quality standards under subparagraph (B). Upon completion of repairs by
the public housing agency or the owner sufficient so that the dwelling unit
complies with such housing quality standards, the agency shall recommence
payments under the housing assistance payments contract to the owner of the
dwelling unit.
(iii)Use of
withheld assistance to pay for repairsThe public housing agency may use such
amounts withheld to make repairs to the dwelling unit or to contract to have
repairs made, except that a contract to make repairs may not be entered into
with the inspector for the dwelling unit referred to in clause (i)(I).
(iv)An owner of a
dwelling unit 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
subparagraph. During the period that assistance is withheld pursuant to this
subparagraph, the tenant may terminate the tenancy by notifying the
owner.
(v)Termination of
lease or assistance payments contractIf assistance amounts under this section
for a dwelling unit are withheld pursuant to clause (ii) and the owner does not
correct the noncompliance within 60 days after the effective date of the
determination of noncompliance under clause (i), or such other reasonable
period as the public housing agency may establish, and the agency does not use
its authority under clause (iii), the agency shall terminate the housing
assistance payments contract for the dwelling unit.
(vi)If the public housing agency terminates the
housing assistance payments contract for a dwelling unit, the lease for any
family residing in that unit shall terminate and the family may remain in the
unit subject to a new lease as an unassisted family. The agency shall provide
the family residing in such a dwelling unit a period of 90 days, beginning upon
termination of the contract, to lease a new residence to assist with the
tenant-based rental assistance made available under this section for the
family. If the family is unable to lease such a new residence during such
period, the public housing agency shall extend the period during which the
family may lease a new residence to be assisted with such assistance or provide
such family a preference for occupancy in a dwelling unit of public housing
owned or operated by the agency that first becomes available for occupancy
after the expiration of such period. The agency shall provide reasonable
assistance to the family in finding a new residence, including use of two
months of any assistance amounts withheld pursuant to clause (ii) for costs
associated with relocation of the family to a new residence.
(vii)Limitation of
liability of public housing agenciesA public housing agency that
uses its authority under clause (iii) shall not, if the agency accomplishes the
work through a contractor that is licensed, bonded, and insured in amounts and
with coverage as required by the Secretary, be liable for any injury or damages
that may result to persons or to any property owned by the tenant or
owner.
(viii)If a public housing agency determines that any damage to
a dwelling unit that results in a failure of the dwelling unit to comply with
housing quality standards under subparagraph (B), other than any damage
resulting from ordinary use, was caused by the tenant, any member of the
tenant’s household, or any guest or other person under the tenant’s control,
the agency may, in the discretion of the agency, waive the applicability of
this subparagraph, except that this clause shall not exonerate a tenant from
any liability otherwise existing under applicable law for damages to the
premises caused by such tenant.
(ix)This
subparagraph 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
subparagraph.
.
(b)The Secretary of Housing and Urban
Development shall issue any regulations necessary to carry out the amendment
made by subsection (a)(3) not later than the expiration of the 12-month period
beginning upon the date of the enactment of this Act. Such regulations shall
take effect not later than the expiration of the 90-day period beginning upon
such issuance. This subsection shall take effect upon enactment of this
Act.
3.Rent reform and income
reviews
(a)Rent for public
housing and section 8 programsSection 3 of the United States Housing Act
of 1937 (42 U.S.C.
1437a(a)) is amended—
(1)in subsection
(a)—
(A)in paragraph (1)
by inserting Low-income
occupancy requirement and rental payments.—
after
(1)
;
(B)in paragraph
(1)—
(i)by
striking paragraph (2)
and inserting paragraphs (2) and
(3)
; and
(ii)by
striking paragraph (3)
and inserting paragraph
(4)
;
(C)in paragraph
(2)(A)(i), by striking paragraph (3)
and inserting
paragraph (4)
;
(D)by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(E)by inserting after
paragraph (2) the following new paragraph:
(3)PHA authority to
establish alternative rents
(A)Rent flexibility
for public housing and voucher programSubject to the
requirements under subparagraph (B), a public housing agency may establish for
public housing and for families on whose behalf assistance is provided under
the program for tenant-based voucher assistance under section 8(o)—
(i)a
tenant rent structure in which—
(I)the public housing agency establishes,
based on the rental value of the unit, as determined by the public housing
agency—
- (aa)a
ceiling rent for each dwelling unit that it owns and operates; and
- (bb)a
ceiling on the amount of the tenant contribution toward rent required of a
family provided tenant-based assistance; and
(II)such ceiling rent
and tenant contribution are adjusted periodically on the basis of an inflation
index or a recalculation of the rental value of the unit (which may be
recalculated by unit or by building);
(ii)an income-tiered
tenant rent structure in which the amount of rent a family shall pay is set and
distributed on the basis of broad tiers of income and such tiers and rents are
adjusted on the basis of an annual cost index except that families entering
public housing shall not be offered a rent lower than the rent corresponding to
their income tier; or
(iii)a tenant rent
structure in which the amount of rent a family shall pay is based on a
percentage of family income, except that lower percentages may apply only with
respect to earned income; such a rent structure may provide for an amount of
rent based on a calculation of earned income that provides for disregard of a
higher percentage or higher dollar amount, or both, than provided for in
paragraph (8)(B).
(B)Notwithstanding
the authority provided under subparagraph (A), the amount paid for rent
(including the amount allowed for tenant-paid utilities) by any family for a
dwelling unit in public housing or for rental of a dwelling unit for which
tenant-based voucher assistance under section 8(o) is provided may not exceed
the amount determined under subsection (a)(1) of this section or section 8(o),
respectively. The Secretary shall issue regulations and establish procedures to
ensure compliance with this subparagraph.
(C)Elderly families
and disabled familiesNotwithstanding any other provision of this
Act, this paragraph shall not apply to elderly families and disabled
families.
;
and
(F)by adding at the
end the following new paragraphs:
(7)
(A)Reviews
of family income for purposes of this section shall be made—
(i)in
the case of all families, upon the initial provision of housing assistance for
the family;
(ii)annually thereafter, except as provided in
subparagraph (B)(i);
(iii)upon the request
of the family, at any time the income or deductions (under subsection (b)(5))
of the family change by an amount that is estimated to result in a decrease of
$1,500 (or such lower amount as the public housing agency may, at the option of
the agency or owner, establish) or more in annual adjusted income; and
(iv)at any time the income or deductions (under
subsection (b)(5)) of the family change by an amount that is estimated to
result in an increase of $1,500 or more in annual adjusted income, except that
any increase in the earned income of a family shall not be considered for
purposes of this clause (except that earned income may be considered if the
increase corresponds to previous decreases under clause (iii)), except that a
public housing agency or owner may elect not to conduct such review in the last
three months of a certification period.
(B)
(i)Self
certification and 3-year reviewIn the case of any family described in
clause (ii), after the initial review of the family’s income pursuant to
subparagraph (A)(i), the public housing agency or owner shall not be required
to conduct a review of the family’s income pursuant to subparagraph (A)(ii) for
any year for which such family certifies, in accordance with such requirements
as the Secretary shall establish, that the income of the family meets the
requirements of clause (ii) of this subparagraph, except that the public
housing agency or owner shall conduct a review of each such family’s income not
less than once every 3 years.
(ii)A family described in this clause is a family who has an
income, as of the most recent review pursuant to subparagraph (A) or clause (i)
of this subparagraph, of which 90 percent or more consists of fixed income, as
such term is defined in clause (iii).
(iii)For purposes of this subparagraph, the term fixed
income
includes income from—
(I)the supplemental
security income program under title XVI of the Social Security Act, including
supplementary payments pursuant to an agreement for Federal administration
under section 1616(a) of the Social Security Act and payments pursuant to an
agreement entered into under section 212(b) of
Public Law
93–66;
(II)Social Security
payments;
(III)Federal, State,
local and private pension plans; and
(IV)other periodic
payments received from annuities, insurance policies, retirement funds,
disability or death benefits, and other similar types of periodic
receipts.
(C)Reviews of family
income for purposes of this section shall be subject to the provisions of
section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988.
(8)
(A)Use of prior
year’s incomeExcept as
otherwise provided in this paragraph, in determining the income of a family for
a year, a public housing agency or owner may use the income of the family as
determined by the agency or owner for the preceding year, taking into
consideration any redetermination of income during such prior year pursuant to
clause (iii) or (iv) of paragraph (7)(A).
(B)For purposes of this
section, the earned income of a family for a year shall be the amount of earned
income by the family in the prior year minus an amount equal to 10 percent of
the lesser of such prior year’s earned income or $10,000, except that the
income of a family for purposes of section 16 (relating to eligibility for
assisted housing and income mix) shall be determined without regard to any
reduction under this subparagraph.
(C)Inflationary
adjustment for fixed income familiesIf, for any year, a public housing agency
or owner determines the income for any family described in paragraph
(7)(B)(ii), or the amount of fixed income of any other family, based on the
prior year’s income or fixed income, respectively, pursuant to subparagraph
(A), such prior year’s income or fixed income, respectively, shall be adjusted
by applying an inflationary factor as the Secretary shall, by regulation,
establish.
(D)If, for any year, a
public housing agency or owner determines the income for any family based on
the prior year’s income, with respect to prior year calculations of types of
income not subject to subparagraph (B), a public housing agency or owner may
make other adjustments as it considers appropriate to reflect current
income.
(E)A public housing
agency or owner may, to the extent such information is available to the public
housing agency or owner, determine the family’s income for purposes of this
section based on timely income determinations made for purposes of other
means-tested Federal public assistance programs (including the program for
block grants to States for temporary assistance for needy families under part A
of title IV of the Social Security Act, a program for medicaid assistance under
a State plan approved under title XIX of the Social Security Act, and the food
stamp program as defined in section 3(h) of the Food Stamp Act of 1977). The
Secretary shall, in consultation with other appropriate Federal agencies,
develop procedures to enable public housing agencies and owners to have access
to such income determinations made by other Federal programs.
(F)A public housing
agency or owner may not be considered to fail to comply with this paragraph or
paragraph (7) due solely to any de minimus errors made by the agency or owner
in calculating family
incomes.
;
(2)by striking
subsections (d) and (e); and
(3)by redesignating
subsection (f) as subsection (d).
(b)Section 3(b) of the United States Housing
Act of 1937 (42
U.S.C. 1437a(b)) is amended—
(1)by
striking paragraph (4) and inserting the following new paragraph:
(4)The term income means, with
respect to a family, income received from all sources by each member of the
household who is 18 years of age or older or is the head of household or spouse
of the head of the household, plus unearned income by or on behalf of each
dependent who is less than 18 years of age, as determined in accordance with
criteria prescribed by the Secretary, in consultation with the Secretary of
Agriculture, subject to the following requirements:
(A)Such term includes recurring gifts and receipts, actual
income from assets, and profit or loss from a business.
(B)Such term does not include—
(i)any imputed return
on assets; and
(ii)any amounts that would be eligible for
exclusion under section 1613(a)(7) of the Social Security Act (42 U.S.C.
1382b(a)(7)).
(C)Earned income of
studentsSuch term does not
include earned income of any dependent earned during any period that such
dependent is attending school on a full-time basis or any grant-in-aid or
scholarship amounts related to such attendance used for the cost of tuition or
books.
(D)Educational
savings accountsIncome shall be determined without regard to any
amounts in or from, or any benefits from, any Coverdell education savings
account under section
530 of the Internal Revenue Code of 1986 or any qualified
tuition program under section 529 of such Code.
(E)Such term shall
not include other exclusions from income as are established by the Secretary or
any amount required by Federal law to be excluded from consideration as income.
The Secretary may not require a public housing agency or owner to maintain
records of any amounts excluded from income pursuant to this
subparagraph.
;
and
(2)by striking
paragraph (5) and inserting the following new paragraph:
(5)The term adjusted income means, with respect
to a family, the amount (as determined by the public housing agency or owner)
of the income of the members of the family residing in a dwelling unit or the
persons on a lease, after any deductions from income as follows:
(A)Elderly and
disabled families$725 in the
case of any family that is an elderly family or a disabled family.
(B)In the case of any family that includes a
member or members who—
(i)are less than 18
years of age or attending school or vocational training on a full-time basis;
or
(ii)is a person with disabilities who is 18
years of age or older and resides in the household,
$500
for each such member.(C)Health and
medical expensesThe amount,
if any, by which 10 percent of annual family income is exceeded by the sum
of—
(i)in
the case of any elderly or disabled family, any unreimbursed health and medical
care expenses; and
(ii)any unreimbursed
reasonable attendant care and auxiliary apparatus expenses for each handicapped
member of the family, to the extent necessary to enable any member of such
family to be employed.
(D)Such additional deductions as a public housing agency
may, at its discretion, establish, except that the Secretary shall establish
procedures to ensure that such deductions do not increase Federal
expenditures.
The
Secretary shall annually adjust the amounts of the exclusions under
subparagraphs (A) and (B), as such amounts may have been previously adjusted,
by applying an inflationary factor as the Secretary shall, by regulation,
establish. If the dollar amount of any such exclusion determined for any year
by applying such inflationary factor is not a multiple of $25, the Secretary
shall round such amount to the next lowest multiple of
$25..
(c)Housing choice
voucher programParagraph (5) of section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(5)) is
amended—
(1)in the paragraph
heading, by striking Annual review
and inserting
Reviews
;
(2)in subparagraph
(A)—
(A)by striking
the provisions of
and inserting paragraphs (7) and (8) of
section 3(a) and to
; and
(B)by striking
and shall be conducted upon the initial provision of housing assistance
for the family and thereafter not less than annually
; and
(3)in
subparagraph (B), by striking the second sentence.
(d)Section 8(t)(1)(D) of the United States Housing Act of
1937 (42 U.S.C.
1437f(t)(1)(D)) is amended by striking income
each place such term appears and inserting annual adjusted
income
.
(e)Paragraph (3) of section 8(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(3)) is amended
by striking the last sentence.
(f)Impact on public
housing revenues
(1)Interaction with
asset management ruleIf the
Secretary of Housing and Urban Development determines that the application of
the amendments made by this section results in a reduction in the rental income
of a public housing agency that is not de minimus during the period that the
operating formula income is frozen at a level that does not fully reflect the
changes made by such amendments, the Secretary shall make appropriate
adjustments in the formula income of the agency.
(2)HUD reports on
public housing revenue impactFor each of fiscal years 2008 and
2009, the Secretary of Housing and Urban Development shall submit a report to
Congress identifying and calculating the impact of changes made by the
amendments made by this section on the revenues and costs of operating public
housing units.
(g)Effective date
and transitionThe amendments made by this section shall apply
with respect to fiscal year 2008 and fiscal years thereafter.
4.Eligibility for
assistance based on assets and income
(a)Section 16 of the United States Housing Act
of 1937 (42 U.S.C.
1437n) is amended by inserting after subsection (d) the
following new subsection:
(e)Eligibility for
assistance based on assets
(1)Subject to paragraph (3) and notwithstanding any other
provision of this Act, a dwelling unit assisted under this Act may not be
rented and assistance under this Act may not be provided, either initially or
at each recertification of family income, to any family—
(A)whose net family assets exceed $100,000, as
such amount is adjusted annually by applying an inflationary factor as the
Secretary considers appropriate; or
(B)who has a present
ownership interest in, and a legal right to reside in, real property that is
suitable for occupancy as a residence, except that the prohibition under this
subparagraph shall not apply to—
(i)any property for
which the family is receiving assistance under this Act;
(ii)any person that is
a victim of domestic violence; or
(iii)any family that
is making a good faith effort to sell such property.
(2)
(A)For purposes of this
subsection, the term net family assets means, for all members of
the household, the net cash value of all assets after deducting reasonable
costs that would be incurred in disposing of real property, savings, stocks,
bonds, and other forms of capital investment. Such term does not include
interests in Indian trust land, equity accounts in homeownership programs of
the Department of Housing and Urban Development, or Family Self Sufficiency
accounts.
(B)Such
term does not include—
(i)the value of
personal property, except for items of personal property of significant value,
as the public housing agency may determine;
(ii)the value of any
retirement account;
(iii)any amounts
recovered in any civil action or settlement based on a claim of malpractice,
negligence, or other breach of duty owed to a member of the family and arising
out of law, that resulted in a member of the family being disabled (under the
meaning given such term in section 1614 of the Social Security Act (42 U.S.C.
1382c)); and
(iv)the value of any Coverdell education
savings account under section 530 of the Internal Revenue
Code of 1986 or any qualified tuition program under section 529 of such
Code.
(C)In cases where a trust
fund has been established and the trust is not revocable by, or under the
control of, any member of the family or household, the value of the trust fund
shall not be considered an asset of a family if the fund continues to be held
in trust. Any income distributed from the trust fund shall be considered income
for purposes of section 3(b) and any calculations of annual family income,
except in the case of medical expenses for a minor.
(D)A
public housing agency or owner may determine the net assets of a family, for
purposes of this section, based on the amounts reported by the family at the
time the agency or owner reviews the family’s income.
(3)Compliance for
public housing dwelling unitsWhen recertifying family income with
respect to families residing in public housing dwelling units, a public housing
agency may, in the discretion of the agency and only pursuant to a policy that
is set forth in the public housing agency plan under section 5A for the agency,
choose not to enforce the limitation under paragraph (1).
(4)Authority to
delay evictionsIn the case
of a family residing in a dwelling unit assisted under this Act who does not
comply with the limitation under paragraph (1), the public housing agency or
project owner may delay eviction or termination of the family based on such
noncompliance for a period of not more than 6
months.
.
(b)The
United States Housing Act of 1937 is amended—
(1)in
section 3(a)(1) (42
U.S.C. 1437a(a)(1)), by striking the first sentence and
inserting the following: Dwelling units assisted under this Act may be
rented, and assistance under this Act may be provided, whether initially or at
time of recertification, only to families who are low-income families at the
time such initial or continued assistance, respectively, is provided, except
that families residing in dwelling units as of the date of the enactment of the
Section 8 Voucher Reform Act of 2007 that, under agreements in effect on such
date of enactment, may have incomes up to 95 percent of local area median
income shall continue to be eligible for assistance at recertification as long
as they continue to comply with such income restrictions. When recertifying
family income with respect to families residing in public housing dwelling
units, a public housing agency may, in the discretion of the agency and only
pursuant to a policy that is set forth in the public housing agency plan under
section 5A for the agency, choose not to enforce the prohibition under the
preceding sentence. When recertifying family income with respect to families
residing in dwelling units for which project-based assistance is provided, a
project owner may, in the owner’s discretion and only pursuant to a policy
adopted by such owner, choose not to enforce such prohibition. In the case of a
family residing in a dwelling unit assisted under this Act who does not comply
with the prohibition under the first sentence of this paragraph, the public
housing agency or project owner may delay eviction or termination of the family
based on such noncompliance for a period of not more than 6
months.
;
(2)in section 8(o)(4)
(42 U.S.C.
1437f(o)(4)), by striking the matter preceding subparagraph (A)
and inserting the following:
(4)Assistance under this subsection may be provided,
whether initially or at each recertification, only pursuant to subsection (t)
to a family eligible for assistance under such subsection or to a family who at
the time of such initial or continued assistance, respectively, is a low-income
family that is—
;
and
(3)in section 8(c)(4) (42 U.S.C.
1437f(c)(4)), by striking at the time it initially
occupied such dwelling unit
and inserting according to the
restrictions under section 3(a)(1)
.
5.Targeting
assistance to low-income working families
(a)Section 16(b)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437n(b)(1)) is
amended—
(1)by inserting after
do not exceed
the following: the higher of (A) the
poverty line (as such term is defined in section 673 of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902), including any
revision required by such section) applicable to a family of the size involved,
or (B)
; and
(2)by inserting
before the period at the end the following: ; and except that clause (A)
of this sentence shall not apply in the case of families residing in Puerto
Rico or any other territory or possession of the United States
.
(b)Section 16(a)(2)(A)
of the United States Housing Act of 1937 (42 U.S.C. 1437n(a)(2)(A)) is
amended—
(1)by inserting after
do not exceed
the following: the higher of (i) the
poverty line (as such term is defined in section 673 of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902), including any
revision required by such section) applicable to a family of the size involved,
or (ii)
; and
(2)by
inserting before the period at the end the following: ; and except that
clause (i) of this sentence shall not apply in the case of families residing in
Puerto Rico or any other territory or possession of the United
States
.
(c)Project-based
section 8 assistanceSection
16(c)(3) of the United States Housing Act of 1937 (42 U.S.C.
1437n(c)(3)) is amended—
(1)by inserting after
do not exceed
the following: the higher of (A) the
poverty line (as such term is defined in section 673 of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902), including any
revision required by such section) applicable to a family of the size involved,
or (B)
; and
(2)by inserting
before the period at the end the following: ; and except that clause (A)
of this sentence shall not apply in the case of families residing in Puerto
Rico or any other territory or possession of the United States
.
6.
(a)Section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) is amended by striking subsection (dd) and inserting the
following new subsection:
(dd)
(1)Authorization of
appropriationsThere are
authorized to be appropriated, for each of fiscal years 2008 through 2012, such
sums as may be necessary for tenant-based assistance under subsection (o) for
the following purposes:
(A)To renew all
expiring annual contributions contracts for tenant-based rental
assistance.
(B)To provide
tenant-based rental assistance for—
(i)relocation and
replacement of housing units that are demolished or disposed of pursuant to the
Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law
104–134);
(ii)conversion of
section 23 projects to assistance under this section;
(iii)the family
unification program under subsection (x) of this section;
(iv)relocation of
witnesses in connection with efforts to combat crime in public and assisted
housing pursuant to a request from a law enforcement or prosecution
agency;
(v)enhanced vouchers
authorized under subsection (t) of this section;
(vi)vouchers in
connection with the HOPE VI program under section 24;
(vii)demolition or
disposition of public housing units pursuant to section 18 of the United States
Housing Act of 1937 (42 U.S.C. 1437p);
(viii)mandatory and
voluntary conversions of public housing to vouchers, pursuant to sections 33
and 22 of the United States Housing Act of 1937, respectively (42 U.S.C.
1437z–5, 1437t);
(ix)vouchers
necessary to comply with a consent decree or court order;
(x)vouchers to replace dwelling units that
cease to receive project-based assistance under subsection (b), (c), (d), (e),
or (v) of this section;
(xi)relocation and
replacement of public housing units that are demolished or disposed of pursuant
to eminent domain, pursuant to a homeownership program, or in connection with a
mixed finance development method under section 35 or otherwise;
(xii)tenant
protection assistance, including replacement and relocation assistance;
and
(xiii)emergency
voucher assistance for the protection of victims of domestic violence, dating
violence, sexual assault, or stalking.
Subject
only to the availability of sufficient amounts provided in appropriation Acts,
the Secretary shall provide tenant-based rental assistance to replace all
dwelling units that cease to be available as assisted housing as a result of
clause (i), (ii), (v), (vi), (vii), (viii), (x), or (xi).(2)Allocation of
renewal funding among public housing agencies
(A)From amounts
appropriated for each year pursuant to paragraph (1)(A), the Secretary shall
provide renewal funding for each public housing agency—
(i)based on leasing and cost data from the
preceding calendar year, as adjusted by an annual adjustment factor to be
established by the Secretary, which shall be established using the smallest
geographical areas for which data on changes in rental costs are annually
available;
(ii)by making any adjustments necessary to
provide for the first-time renewal of vouchers funded under paragraph (1)(B)
and of any incremental vouchers funded in previous years;
(iii)by making any adjustments necessary for
full year funding of vouchers ported in the prior calendar year under
subsection (r)(2); and
(iv)by making such
other adjustments as the Secretary considers appropriate, including adjustments
necessary to address changes in voucher utilization rates and voucher costs
related to natural and other major disasters.
(B)For purposes of
subparagraph (A)(i), leasing and cost data shall be calculated annually by
using the average for the preceding calendar year. Such leasing and cost data
shall be adjusted to include vouchers that were set aside under a commitment to
provide project-based assistance under subsection (o)(13) and to exclude
amounts funded through advances under paragraph (3). Such leasing and cost data
shall not include funds not appropriated for tenant-based assistance under
section 8(o), unless the agency’s funding was prorated in the prior year and
the agency used other funds to maintain vouchers in use.
(C)For the purpose of determining allocations
under subsection (A)(i), the leasing rate calculated for the prior calendar
year may exceed an agency’s authorized voucher level, except that such
calculation in 2009 shall not include amounts resulting from a leasing rate in
excess of 103 percent of an agency’s authorized vouchers in 2008 which results
from the use of accumulated amounts, as referred to in paragraph (4)(A).
(D)Moving to work;
housing innovation programNotwithstanding subparagraphs (A) and
(B), each public housing agency participating at any time in the moving to work
demonstration under section 204 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act,
1996 (42 U.S.C.
1437f note) or in the housing innovation program under section
36 of this Act shall be funded pursuant to its agreement under such program and
shall be subject to any pro rata adjustment made under subparagraph
(E)(i).
(E)
(i)To the extent that amounts made available for a fiscal year
are not sufficient to provide each public housing agency with the full
allocation for the agency determined pursuant to subparagraphs (A) and (D), the
Secretary shall reduce such allocation for each agency on a pro rata basis,
except that renewal funding of enhanced vouchers under section 8(t) shall not
be subject to such proration.
(ii)To the extent that amounts made available for a fiscal year
exceed the amount necessary to provide each housing agency with the full
allocation for the agency determined pursuant to subparagraphs (A) and (D),
such excess amounts shall be used for the purposes specified in subparagraphs
(B) and (C) of paragraph (4).
(F)Prompt funding
allocationThe Secretary
shall allocate all funds under this subsection for each year before the latter
of (i) February 15, or (ii) the expiration of the 45-day period beginning upon
the enactment of the appropriations Act funding such renewals.
(3)
(A)During
the last 3 months of each calendar year, the Secretary shall provide amounts to
any public housing agency, at the request of the agency, in an amount up to two
percent of the allocation for the agency for such calendar year, subject to
subparagraph (C).
(B)Amounts
advanced under subparagraph (A) may be used to pay for additional voucher
costs, including costs related to temporary overleasing.
(C)Use of prior
year amountsDuring the last 3 months of a calendar year, if
amounts previously provided to a public housing agency for tenant-based
assistance for such year or for previous years remain unobligated and available
to the agency—
(i)the agency shall
exhaust such amounts to cover any additional voucher costs under subparagraph
(B) before amounts advanced under subparagraph (A) may be so used; and
(ii)the amount that may be advanced under
subparagraph (A) to the agency shall be reduced by an amount equal to the total
of such previously provided and unobligated amounts.
(D)Amounts
advanced under subparagraph (A) in a calendar year shall be repaid to the
Secretary in the subsequent calendar year by reducing the amounts made
available for such agency for such subsequent calendar year pursuant to
allocation under paragraph (2) by an amount equal to the amount so advanced to
the agency.
(4)
(A)The Secretary shall
recapture, from amounts provided under the annual contributions contract for a
public housing agency for a calendar year, all accumulated amounts allocated
under paragraph (2) and from previous years that are unused by the agency at
the end of each calendar year except—
(i)with respect to the recapture under this
subparagraph at the end of 2007, an amount equal to 12.5 percent of the amount
allocated to the public housing agency for such year pursuant to paragraph
(2)(A); and
(ii)with respect to the recapture under this
subparagraph at the end of each of 2008, 2009, 2010, and 2011, an amount equal
to 5 percent of such amount allocated to the agency for such year.
Notwithstanding any other provision of law, each public housing agency may
retain all amounts not authorized to be recaptured under this subparagraph, and
may use such amounts for all authorized purposes.
(B)Not
later than May 1 of each calendar year, the Secretary shall—
(i)calculate the
aggregate unused amounts for the preceding year recaptured pursuant to
subparagraph (A);
(ii)set aside and
make available such amounts as the Secretary considers appropriate to reimburse
public housing agencies for increased costs related to portability and family
self-sufficiency activities during such year; and
(iii)reallocate all remaining amounts among
public housing agencies, with priority given based on the extent to which an
agency has utilized the amount allocated under paragraph (2) for the agency to
serve eligible families.
(C)Amounts reallocated to a public housing
agency pursuant to subparagraph (B)(iii) may be used only to increase voucher
leasing rates as provided under paragraph
(2)(C).
.
(b)Absorption of
vouchers from other agenciesSection 8(r)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(r)(2)) is amended
by adding after the period at the end the following: The agency shall
absorb the family into its program for voucher assistance under this section
and shall have priority to receive additional funding from the Secretary for
the housing assistance provided for such family from amounts made available
pursuant to subsection (dd)(4)(B).
.
(c)Vouchers for
persons with disabilitiesThe
Secretary of Housing and Urban Development shall develop and issue, to public
housing agencies that received voucher assistance under section 8(o) for
non-elderly disabled families pursuant to appropriations Acts for fiscal years
1997 through 2002, guidance to ensure that, to the maximum extent practicable,
such vouchers continue to be provided upon turnover to qualified non-elderly
disabled families.
7.
(a)Section 8(q) of the
United States Housing Act of 1937 (42 U.S.C.
1437f(q)) is amended—
(1)in paragraph (1),
by striking subparagraphs (B) and (C) and inserting the following new
subparagraphs:
(B)The
fee under this subsection shall—
(i)be
payable to each public housing agency for each month for which a dwelling unit
is covered by an assistance contract;
(ii)be based on the per-unit fee payable to the
agency in fiscal year 2003, updated for each subsequent year as specified in
subsection (iv);
(iii)include an
amount for the cost of issuing voucher to new participants;
(iv)be updated each
year using an index of changes in wage data or other objectively measurable
data that reflect the costs of administering the program for such assistance,
as determined by the Secretary; and
(v)include an amount for the cost of family
self-sufficiency coordinators, as provided in section 23(h)(1).
(C)The
Secretary shall cause to be published in the Federal Register the fee rate for
each geographic area.
;
and
(2)in paragraph (4),
by striking 1999
and inserting 2007
.
(b)Administrative
fees for family self-sufficiency program costsSubsection (h) of
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u(h)) is amended by striking paragraph (1) and inserting
the following new paragraph:
(1)
(A)The Secretary shall establish a fee under section 8(q)
for the costs incurred in administering the self-sufficiency program under this
section to assist families receiving voucher assistance through section
8(o).
(B)The fee shall provide
funding for family self-sufficiency coordinators as follows:
(i)A public housing agency serving 25 or more participants in
the family self-sufficiency program under this section shall receive a fee
equal to the costs of employing one full-time family self-sufficiency
coordinator. An agency serving fewer than 25 such participants shall receive a
prorated fee.
(ii)An agency that meets minimum performance standards shall
receive an additional fee sufficient to cover the costs of employing a second
family self-sufficiency coordinator if the agency has 75 or more participating
families, and a third such coordinator if it has 125 or more participating
families.
(iii)Previously
funded agenciesAn agency that received funding from the
Department of Housing and Urban Development for more than three such
coordinators in any of fiscal years 1998 through 2007 shall receive funding for
the highest number of coordinators funded in a single fiscal year during that
period, provided they meet applicable size and performance standards.
(iv)For the first year in which a public housing agency
exercises its right to develop an family self-sufficiency program for its
residents, it shall be entitled to funding to cover the costs of up to one
family self-sufficiency coordinator, based on the size specified in its action
plan for such program.
(v)State and
regional agenciesFor purposes of calculating the family
self-sufficiency portion of the administrative fee under this subparagraph,
each administratively distinct part of a State or regional public housing
agency shall be treated as a separate agency.
(vi)Determination
of number of coordinatorsIn
determining whether a public housing agency meets a specific threshold for
funding pursuant to this paragraph, the number of participants being served by
the agency in its family self-sufficiency program shall be considered to be the
average number of families enrolled in such agency’s program during the course
of the most recent fiscal year for which the Department of Housing and Urban
Development has data.
(C)If
insufficient funds are available in any fiscal year to fund all of the
coordinators authorized under this section, the first priority shall be given
to funding one coordinator at each agency with an existing family
self-sufficiency program. The remaining funds shall be prorated based on the
number of remaining coordinators to which each agency is entitled under this
subparagraph.
(D)Any
fees allocated under this subparagraph by the Secretary in a fiscal year that
have not been spent by the end of the subsequent fiscal year shall be
recaptured by the Secretary and shall be available for providing additional
fees pursuant to subparagraph (B)(ii).
(E)Within six months
after the date of the enactment of this paragraph, the Secretary shall publish
a proposed rule specifying the performance standards applicable to funding
under clauses (ii) and (iii) of subparagraph (B). Such standards shall include
requirements applicable to the leveraging of in-kind services and other
resources to support the goals of the family self-sufficiency program.
(F)Public housing agencies receiving funding under this
paragraph shall collect and report to the Secretary, in such manner as the
Secretary shall require, information on the performance of their family
self-sufficiency programs.
(G)The Secretary shall conduct a formal and
scientific evaluation of the effectiveness of well-run family self-sufficiency
programs, using random assignment of participants to the extent practicable.
Not later than the expiration of the 4-year period beginning upon the enactment
of this paragraph, the Secretary shall submit an interim evaluation report to
the Congress. Not later than the expiration of the 8-year period beginning upon
such enactment, the Secretary shall submit a final evaluation report to the
Congress. There is authorized to be appropriated $10,000,000 to carry out the
evaluation under this subparagraph.
(H)Incentives for
innovation and high performanceThe Secretary may reserve up to
10 percent of the amounts made available for administrative fees under this
paragraph to provide support to or reward family self-sufficiency programs that
are particularly innovative or highly successful in achieving the goals of the
program.
.
(c)Section
202 of the Departments of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1997 (42 U.S.C. 1437f
note; Public Law 104–204; 110 Stat. 2893) is hereby repealed.
8.
(a)Section 8
homeownership downpayment programSection 8(y)(7) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(y)(7)) is amended
by striking subparagraphs (A) and (B) and inserting the following new
subparagraphs:
(A)Subject to the
provisions of this paragraph, in the case of a family on whose behalf rental
assistance under section 8(o) has been provided for a period of not less than
12 months prior to the date of receipt of downpayment assistance under this
paragraph, a public housing agency may, in lieu of providing monthly assistance
payments under this subsection on behalf of a family eligible for such
assistance and at the discretion of the agency, provide a downpayment
assistance grant in accordance with subparagraph (B).
(B)A downpayment assistance grant under this
paragraph—
(i)shall be used by the family only as a
contribution toward the downpayment and reasonable and customary closing costs
required in connection with the purchase of a home;
(ii)shall be in the
form of a single one-time grant; and
(iii)may not exceed
$10,000.
(C)No effect on
obtaining outside sources for downpayment assistanceThis Act may
not be construed to prohibit a public housing agency from providing downpayment
assistance to families from sources other than a grant provided under this Act,
or as determined by the public housing
agency.
.
(b)Use of vouchers
for manufactured housingSection 8(o)(12) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(12) is
amended—
(1)in subparagraph
(A), by striking the period at the end of the first sentence and all that
follows through “of” in the second sentence and inserting “and rents”;
and
(2)in subparagraph
(B)—
(A)in clause (i), by
striking the rent
and all that follows and inserting the
following: “rent shall mean the sum of the monthly payments made by a family
assisted under this paragraph to amortize the cost of purchasing the
manufactured home, including any required insurance and property taxes, the
monthly amount allowed for tenant-paid utilities, and the monthly rent charged
for the real property on which the manufactured home is located, including
monthly management and maintenance charges.”;
(B)by striking clause
(ii); and
(C)in clause
(iii)—
(i)by
inserting after the period at the end the following: “If the amount of the
monthly assistance payment for a family exceeds the monthly rent charged for
the real property on which the manufactured home is located, including monthly
management and maintenance charges, a public housing agency may pay the
remainder to the family, lender or utility company, or may choose to make a
single payment to the family for the entire monthly assistance amount.”;
and
(ii)by
redesignating such clause as clause (ii).
9.PHA reporting of
rent payments to credit reporting agencies
(a)Section 3 of the
United States Housing Act of 1937 (42 U.S.C. 1437a),
as amended by the preceding provisions of this Act, is further amended by
adding at the end the following new subsection:
(e)PHA reporting of
rent payments to credit reporting agencies
(1)To the extent that a family receiving
tenant-based housing choice vouchers under section 8 by a public housing agency
agrees in writing to reporting under this subsection, the public housing agency
may submit to consumer reporting agencies described in section 603(p) of the
Fair Credit Reporting Act (15 U.S.C. 1681a) information
regarding the past rent payment history of the family with respect to the
dwelling unit for which such assistance is provided.
(2)The
Secretary, after consultation with consumer reporting agencies referred in
paragraph (1), shall establish a system and format to be used by public housing
agencies for reporting of information under such paragraph that provides such
information in a format and manner that is similar to other credit information
submitted to such consumer reporting agencies and is usable by such
agencies.
.
(b)The amendment made by subsection (a) shall take effect on
the date of the enactment of this Act.
10.Section 8(o) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by
adding at the end the following new paragraph:
(21)
(A)The
Secretary shall, by regulation, establish standards and procedures for
assessing the performance of public housing agencies in carrying out the
programs for tenant-based rental assistance under this subsection and for
homeownership assistance under subsection (y).
(B)The
standards and procedures under this paragraph shall provide for assessment of
the performance of public housing agencies in the following areas:
(i)Quality of
dwelling units obtained using such assistance.
(ii)Extent of
utilization of assistance amounts provided to the agency and of authorized
vouchers.
(iii)Timeliness and
accuracy of reporting by the agency to the Secretary.
(iv)Effectiveness in
carrying out policies to achieve deconcentration of poverty.
(v)Reasonableness of rent burdens, consistent
with public housing agency responsibilities under section
8(o)(1)(E)(iii).
(vi)Accurate rent calculations and subsidy
payments.
(vii)Effectiveness in
carrying out family self-sufficiency activities.
(viii)Timeliness of
actions related to landlord participation.
(ix)Such other areas
as the Secretary considers appropriate.
(C)Using the standards and procedures established under
this paragraph, the Secretary shall conduct an assessment of the performance of
each public housing agency carrying out a program referred to in subparagraph
(A) and shall submit a report to the Congress regarding the results of each
such
assessment.
.
11.PHA project-based
assistanceSection 8(o)(13) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) is
amended—
(1)by striking
subparagraph (B) and inserting the following new subparagraph:
(B)
(i)Subject to clause
(ii), not more than 25 percent of the funding available for tenant-based
assistance under this section that is administered by the agency may be
attached to structures pursuant to this paragraph.
(ii)An
agency may attach up to an additional 5 percent of the funding available for
tenant-based assistance under this section to structures pursuant to this
paragraph for dwelling units that house individuals and families that meet the
definition of homeless under section 103 of the McKinney-Vento Homeless
Assistance Act (42
U.S.C. 11302).
;
(2)by striking
subparagraph (D) and inserting the following new subparagraph:
(D)Income mixing
requirement
(i)Except as provided in
clause (ii), not more than the greater of 25 dwelling units or 25 percent of
the dwelling units in any project may be assisted under a housing assistance
payment contract for project-based assistance pursuant to this paragraph. For
purposes of this subparagraph, the term project means a single
building, multiple contiguous buildings, or multiple buildings on contiguous
parcels of land.
(ii)
(I)The limitation under
clause (i) shall not apply in the case of assistance under a contract for
housing consisting of single family properties, or for dwelling units that are
specifically made available for households comprised of elderly families,
disabled families, and families receiving supportive services. For purposes of
the preceding sentence, the term single family properties means
buildings with no more than four dwelling units.
(II)With respect to areas
in which fewer than 75 percent of families issued vouchers become participants
in the program, the public housing agency has established the payment standard
at 110 percent of the fair market rent for all census tracts in the area for
the previous six months, and the public housing agency grants an automatic
extension of 90 days (or longer) to families with vouchers who are attempting
to find housing, clause (i) shall be applied by substituting 50
percent
for 25
percent
.
;
(3)in the first
sentence of subparagraph (F), by striking 10 years
and inserting
15 years
;
(4)in subparagraph
(G)—
(A)by inserting after
the period at the end of the first sentence the following: Such contract
may, at the election of the public housing agency and the owner of the
structure, specify that such contract shall be extended for renewal terms of up
to 15 years each, if the agency makes the determination required by this
subparagraph and the owner is in compliance with the terms of the
contract.
; and
(B)by adding at the
end the following: A public housing agency may agree to enter into such
a contract at the time it enters into the initial agreement for a housing
assistance payment contract or at any time thereafter that is before the
expiration of the housing assistance payment contract.
;
(5)in subparagraph
(H), by inserting before the period at the end of the first sentence the
following: , except that in the case of a contract unit that has been
allocated low-income housing tax credits and for which the rent limitation
pursuant to such section 42 is less than the amount that would otherwise be
permitted under this subparagraph, the rent for such unit may, in the sole
discretion of a public housing agency, be established at the higher section 8
rent, subject only to paragraph (10)(A)
;
(6)in subparagraph
(I)(i), by inserting before the semicolon the following: , except that
the contract may provide that the maximum rent permitted for a dwelling unit
shall not be less than the initial rent for the dwelling unit under the initial
housing assistance payments contract covering the unit
;
(7)in
subparagraph (J)—
(A)by striking the fifth and sixth sentences
and inserting the following: A public housing agency may establish and
utilize procedures for maintaining site-based waiting lists under which
applicants may apply directly at, or otherwise designate to the public housing
agency, the project or projects in which they seek to reside, except that all
applicants on the waiting list of an agency for assistance under this
subsection shall be permitted to place their names on such separate list. All
such procedures shall comply with title VI of the Civil Rights Act of 1964, the
Fair Housing Act, and other applicable civil rights laws. The owner or manager
of a structure assisted under this paragraph shall not admit any family to a
dwelling unit assisted under a contract pursuant to this paragraph other than a
family referred by the public housing agency from its waiting list, or a family
on a site-based waiting list that complies with the requirements of this
subparagraph. A public housing agency shall fully disclose to each applicant
each option in the selection of a project in which to reside that is available
to the applicant.
; and
(B)by inserting after the third sentence the
following new sentence: Any family who resides in a dwelling unit
proposed to be assisted under this paragraph, or in a unit to be replaced by a
proposed unit to be assisted under this paragraph shall be given an absolute
preference for selection for placement in the proposed unit, if the family is
otherwise eligible for assistance under this subsection.
; and
(8)by adding at the
end the following new subparagraphs:
(L)Use in
cooperative housing and elevator buildingsA public housing agency may enter into a
housing assistance payments contract under this paragraph with respect
to—
(i)dwelling units in
cooperative housing;
(ii)notwithstanding
subsection (c), dwelling units in a high-rise elevator project, including such
a project that is occupied by families with children, without review and
approval of the contract by the Secretary.
(M)
(i)A subsidy layering
review in accordance with section 102(d) of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545(d)) shall not be
required for assistance under this subparagraph in the case of a housing
assistance payments contract for an existing structure, or if a subsidy
layering review has been conducted by the applicable State or local
agency.
(ii)A public housing agency shall not be required to undertake
any environmental review before entering into a housing assistance payments
contract under this paragraph for an existing structure, except to the extent
such a review is otherwise required by law or regulation.
(N)The administrative fee
applicable to the administration of assistance under this paragraph shall be
determined in the same manner as administrative fees applicable to other
assistance administered under other provisions of this subsection.
(O)Assistance provided
under this paragraph shall be subject to the provisions of paragraph (7),
except that subparagraph (A) of such paragraph shall not
apply.
.
12.
(a)Section 8(o)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(1)) is amended
by striking subparagraph (E) and inserting the following new
subparagraph:
(E)
(i)The Secretary shall
monitor rent burdens and submit a report to the Congress annually on the
percentage of families assisted under this subsection, occupying dwelling units
of any size, that pay more than 30 percent of their adjusted incomes for rent
and such percentage that pay more than 40 percent of their adjusted incomes for
rent. Using information regularly reported by public housing agencies, the
Secretary shall provide public housing agencies, on an annual basis, a report
with the information described in the first sentence of this clause, and may
require a public housing agency to modify a payment standard that results in a
significant percentage of families assisted under this subsection, occupying
dwelling units of any size, paying more than 30 percent of their adjusted
incomes for rent.
(ii)The Secretary shall submit a report to the Congress
annually on the degree to which families assisted under this subsection in each
metropolitan area are clustered in lower rent, higher poverty areas and how,
and the extent to which, greater geographic distribution of such assisted
families could be achieved, including by increasing payment standards for
particular communities within such metropolitan areas.
(iii)Public housing
agency responsibilitiesEach
public housing agency shall make publicly available the information on rent
burdens provided by the Secretary pursuant to clause (i), and, for agencies
located in metropolitan areas, the information on concentration provided by the
Secretary pursuant to clause (ii). If the percentage of families paying more
than 30 percent or 40 percent of income exceeds the national average for either
of such categories, as reported pursuant to clause (i), the public housing
agency shall adjust the payment standard to eliminate excessive rent burdens
within a reasonable time period or explain its reasons for not making such
adjustment. The Secretary may not deny the request of a public housing agency
to set a payment standard up to 120 percent of the fair market rent to remedy
rent burdens in excess of the national average or undue concentration of
families assisted under this subsection in lower rent, higher poverty sections
of a metropolitan area except on the basis that an agency has not demonstrated
that its request meets these criteria. If a request of a public housing agency
has not been denied or approved with 45 days after the request is made, the
request shall be considered to have been
approved.
.
(b)Public housing
agency planSection 5A(d)(4)
of the United States Housing Act of 1937 (42 U.S.C. 1437c–1(d)(4)) is
amended by inserting before the period at the end the following: “, including
the report with respect to the agency furnished by the Secretary pursuant to
section 8(o)(1)(E) concerning rent burdens and, if applicable, geographic
concentration of voucher holders, any changes in rent or other policies the
public housing agency is making to address excessive rent burdens or
concentration, and if the public housing agency is not adjusting its payment
standard, its reasons for not doing so”.
(c)Rent burdens for
persons with disabilitiesSubparagraph (D) of section 8(o)(1) is
amended by inserting before the period at the end the following: “, except that
a public housing agency may establish a payment standard of not more than 120
percent of the fair market rent where necessary as a reasonable accommodation
for a person with a disability, without approval of the Secretary. A public
housing agency may seek approval of the Secretary to use a payment standard
greater than 120 percent of the fair market rent as a reasonable accommodation
for a person with a disability”.
13.Establishment of
fair market rent
(a)Paragraph (1) of section 8(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(1)) is
amended—
(1)by inserting
(A)
after the paragraph designation;
(2)by
striking the seventh, eighth, and ninth sentences; and
(3)by adding at the
end the following:
(B)(i)The Secretary shall endeavor to define
market areas for purposes of this paragraph in a manner that results in fair
market rentals that are adequate to cover typical rental costs of units
suitable for occupancy by persons assisted under this section in as wide a
range of communities as is feasible, including communities with low poverty
rates.
(ii)The Secretary at a minimum shall
define a separate market area for each—
(I)metropolitan city, as such term is
defined in section 102(a) of the Housing and Community Development Act of 1974
(42 U.S.C.
5302(a)), with more than 40,000 rental dwelling units;
and
(II)urban county or portion of an urban
county, as such term is defined in such section 102(a), located outside the
boundaries of any metropolitan city specified in subclause (I).
(iii)The Secretary shall, at the request
of one or more public housing agencies, establish a separate market area for
part or all of the area under the jurisdiction of such agencies, if—
(I)the requested market area contains at
least 20,000 rental dwelling units;
(II)the areas contained in the requested
market area are geographically contiguous and share similar housing market
characteristics;
(III)adequate data are available to
establish a reliable fair market rental for the requested market area, and for
the remainder of the market area in which it is currently located; and
(IV)establishing the requested market
area would raise or lower the fair market rental by 10 percent or more at the
time the requested market area is established.
For purposes
of subclause (III), data for an area shall be considered adequate if they are
sufficient to establish from time to time a reliable benchmark fair market
rental based primarily on data from that area, whether or not those data need
to be supplemented with data from a larger area for purposes of annual
updates.(iv)The Secretary shall not reduce the
fair market rental in a market area as a result of a change in the percentile
of the distribution of market rents used to establish the fair market
rental.
.
(b)Subparagraph (B) of section 8(o)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(1)(B)) is
amended by inserting before the period at the end the following: ,
except that no public housing agency shall be required as a result of a
reduction in the fair market rental to reduce the payment standard applied to a
family continuing to reside in a unit for which the family was receiving
assistance under this section at the time the fair market rental was
reduced
.
14.Subparagraph (B) of
section 8(o)(6) of the United States Housing Act of 1937 (1437f(o)(6)(B)) is
amended by inserting after the period at the end of the second sentence the
following: A public housing agency’s elective screening shall be limited
to criteria that are directly related to an applicant’s ability to fulfill the
obligations of an assisted lease and shall consider mitigating circumstances
related to such applicant. Any applicant or participant determined to be
ineligible for admission or continued participation to the program shall be
notified of the basis for such determination and provided, within a reasonable
time after the determination, an opportunity for an informal hearing on such
determination at which mitigating circumstances, including remedial conduct
subsequent to the notice, shall be considered.
.
15.
(a)Treatment of unit and family size.—Subparagraph
(B) of section 8(t)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)(1)(B)) is amended by inserting after eligibility event for the
project,
the following: regardless of unit and family size
standards normally used by the administering agency (except that tenants may be
required to move to units of appropriate size if available on the
premises),
.
(b)Eligibility of
certain projectsNotwithstanding any other provision of
law—
(1)the property known
as The Heritage Apartments (FHA No. 023-44804), in Malden, Massachusetts, shall
be considered eligible low-income housing for purposes of the eligibility of
residents of the property for enhanced voucher assistance under section 8(t) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(t)), pursuant to
paragraph (2)(A) of section 223(f) of the Low-Income Housing Preservation and
Resident Homeownership Act of 1990 (12 U.S.C. 4113(f)(2)(A));
(2)such residents
shall receive enhanced rental housing vouchers upon the prepayment of the
mortgage loan for the property under section 236 of the National Housing Act
(12 U.S.C.
1715z–1); and
(3)the Secretary
shall approve such prepayment and subsequent transfer of the property without
any further condition, except that the property shall be restricted for
occupancy, until the original maturity date of the prepaid mortgage loan, only
by families with incomes not exceeding 80 percent of the adjusted median income
for the area in which the property is located, as published by the
Secretary.
Amounts for
the enhanced vouchers pursuant to this subsection shall be provided under
amounts appropriated for tenant-based rental assistance otherwise authorized
under section 8(t) of the United States Housing Act of 1937.16.Housing innovation
program
(a)Title I of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended
by adding at the end the following new section:
36.Housing
innovation program
(a)The
purpose of the program under this section is to provide public housing agencies
and the Secretary the flexibility to design and evaluate innovative approaches
to providing housing assistance that—
(1)increase housing
opportunities for low-income families, including preventing homelessness,
rehabilitate or replace housing at risk of physical deterioration or
obsolescence, and develop additional affordable housing;
(2)leverage other
Federal, State, and local funding sources, including the low-income housing tax
credit program, to expand and preserve affordable housing opportunities,
including public housing;
(3)provide financial
incentives and other support mechanisms to families to obtain employment and
increase earned income;
(4)test alternative
rent-setting policies to determine whether rent determinations can be
simplified and administrative cost savings can be realized while protecting
extremely low- and very low-income families from increased rent burdens;
(5)are subject to
rigorous evaluation to test the effectiveness of such innovative approaches;
and
(6)are developed with
the support of the local community and with the substantial participation of
affected residents.
(b)
(1)The Secretary shall carry out a housing
innovation program under this section under which the Secretary may designate
not more than 60 public housing agencies to participate, at any one time, in
the housing innovation program, in accordance with subsections (c) and (d),
except that, in addition to such 60 agencies, the Secretary may designate an
additional 20 agencies to participate in the program under the terms of
subsection (h).
(2)The Secretary may carry out the housing
innovation program under this section only during the 10-year period beginning
on the date of the enactment of the Section 8 Voucher Reform Act of
2007.
(c)Participation of
existing MTW agencies
(1)Subject to the
requirements of paragraph (2), all existing MTW agencies shall be designated to
participate in the program.
(2)Conditions of
participationThe Secretary
shall approve and transfer into the housing innovation program under this
section each existing MTW agency that the Secretary determines is not in
default under such agreement and which the Secretary also determines is meeting
the goals and objectives of its moving to work plan. Each such agency shall,
within two years after the date of the enactment of the Section 8 Voucher
Reform Act of 2007, make changes to its policies that were implemented before
such date of enactment in order to comply with the requirements of this
section.
(d)
(1)Proposals;
selection processIn addition
to agencies participating in the program pursuant to subsection (c), the
Secretary shall, within 18 months after such date of enactment, select public
housing agencies to participate in the program pursuant to a competitive
process that meets the following requirements:
(A)Any public housing agency may be selected
to participate in the program, except that not more than 5 agencies that are
near-troubled under the public housing assessment system and/or section 8
management assessment program may be selected, and except that any agency that
is a troubled agency under either such assessment program or for which the
Secretary has hired an alternative management entity for such agency or has
taken possession of all or any part of such agency’s public housing program
shall not be eligible for participation. Any near-troubled public housing
agency participating in the program shall remain subject to the requirements of
this Act governing tenant rent contributions, eligibility, and continued
participation, and may not adopt policies described in subsection (e)(4)
(relating to rents and requirements for continued occupation and
participation).
(B)The process provides, to the extent
possible based on eligible agencies submitting applications and taking into
account existing MTW agencies participating pursuant to subsection (c), for
representation among agencies selected of agencies having various
characteristics, including both large and small agencies, agencies serving
urban, suburban, and rural areas, and agencies in various geographical regions
throughout the United States, and which may include the selection of agencies
that only administer the voucher program under section 8(o).
(C)Any agency
submitting a proposal under this paragraph shall have provided notice to
residents and the local community, not later than 30 days before the first of
the two public meetings required under subparagraph (D).
(D)The agency
submitting a proposal shall hold two public meetings to receive comments on the
agency’s proposed application, on the implications of changes under the
proposal, and the possible impact on residents.
(E)The process
includes criteria for selection, as follows:
(i)The extent to
which the proposal generally identifies existing rules and regulations that
impede achievement of the goals and objectives of the proposal and an
explanation of why participation in the program is necessary to achieve such
goals and objectives.
(ii)The extent of
commitment and funding for carrying out the proposal by local government
agencies and nonprofit organizations, including the provision of additional
funding and other services, and the extent of support for the proposal by
residents, resident advisory boards, and members of the local community.
(iii)The extent to
which the agency has a successful history of implementing strategies similar to
those set forth in the agency’s proposal.
(iv)Whether the
proposal pursues a priority strategy as specified in paragraph (2). In the case
of any proposal utilizing a such a priority strategy, the proposal shall be
evaluated based upon—
(I)the extent to
which the proposal is likely to achieve the objectives of developing additional
housing dwelling units affordable to extremely low-, very low-, and low-income
families, and preserving, rehabilitating, or modernizing existing public
housing dwelling units; or
(II)the extent to which the proposal is likely
to achieve the purposes of moving families toward economic self-sufficiency and
increasing employment rates and wages of families without imposing a
significant rent burden on the lowest income families, as well as such of the
additional purposes as may be identified in the proposal, which may include
expanding housing choices utilizing coordinators for the family
self-sufficiency program under section 23, making more effective use of program
funds, and improving program management.
(v)Such other factors
as the Secretary may provide, in consultation with participating agencies,
program stakeholders, and any entity conducting evaluations pursuant to
subsection (f).
(2)For purposes of paragraph (1)(E)(iv), the following
are priority strategies:
(A)Development,
rehabilitation, and financingA strategy of development of
additional affordable housing dwelling units and/or a strategy for preservation
and physical rehabilitation and modernization of existing public housing
dwelling units. Such strategies may include innovative financing proposals,
leveraging of non-public housing funds (including the low-income housing tax
credit program), and combining of funds for assistance under sections 8 and 9.
Each such proposal shall include detailed information about the strategies
expected to be employed, an explanation of why participation in the program is
necessary to employ such strategies, and numerical goals regarding the number
of dwelling units to be developed, preserved, or rehabilitated.
(B)A strategy to implement rent reforms, which shall be
designed to help families increase their earned income through rent and other
work incentives, and may also test the effectiveness of achieving
administrative cost savings without increased rent burdens for extremely low-
and very low-income families.
(3)After selecting
agencies under this subsection, the Secretary shall promptly amend the
applicable annual contributions contracts of such agencies to provide
that—
(A)subject to
subparagraph (B), such agencies may implement any policies and activities that
are not inconsistent with this section without specifying such policies and
activities in such amendment and without negotiating or entering into any other
agreements with the Secretary specifying such policies and activities;
and
(B)the activities to
be implemented by an agency under the program in a given year shall be
described in and subject to the requirements of the annual plan under
subsection (e)(8). Upon the enactment of this section, any agency which has
participated in the Moving to Work demonstration may, at its option, be subject
to the provisions of this paragraph in lieu of any other agreement required by
the Secretary for participation in the program.
(4)Maintaining
participation rateIf, at any
time after the initial selection period under paragraph (1), the number of
public housing agencies participating in the program under this section is
fewer than 40, the Secretary shall promptly solicit applications from and
select public housing agencies to participate in the program under the terms
and conditions for application and selection provided in this section to
increase the number of agencies participating in the program to 40.
(e)
(1)
(A)To carry out a
housing innovation program under this section, the participating agency may use
amounts provided to the agency from the Operating Fund under section 9(e),
amounts provided to the agency from the Capital Fund under section 9(d), and
amounts provided to the agency for voucher assistance under section 8(o). Such
program funds may be used for any activities that are authorized by section
8(o) or 9, or for other activities that are not inconsistent with this section,
which shall include, without limitation—
(i)providing capital
and operating assistance, and financing for housing previously developed or
operated pursuant to a contract between the Secretary and such agency;
(ii)the acquisition,
new construction, rehabilitation, financing, and provision of capital or
operating assistance for low-income housing (including housing other than
public housing) and related facilities, which may be for terms exceeding the
term of the program under this section in order to secure other financing for
such housing;
(iii)costs of site
acquisition and improvement, providing utility services, demolition, planning,
and administration of activities under this paragraph;
(iv)housing
counseling for low-income families in connection with rental or homeownership
assistance provided under the program;
(v)safety, security,
law enforcement, and anticrime activities appropriate to protect and support
families assisted under the program;
(vi)tenant-based
rental assistance, which may include the project-basing of such assistance;
and
(vii)appropriate and
reasonable financial assistance that is required to preserve low-income housing
otherwise assisted under programs administered by the Secretary or under State
or local low-income housing programs.
(B)Notwithstanding any other provision of law, a participating
agency may combine and use program funds for any activities authorized under
this section, except that a participating agency may use funds provided for
assistance under section 8(o) for activities other than those authorized under
section 8(o) only if (i) in the calendar year prior to its participation in the
program, the agency utilized not less than 95 percent of such funds allocated
for that calendar year for such authorized activities or 95 percent of its
authorized vouchers, including vouchers ported in to the agency and vouchers
ported out; or (ii) after approval to participate in the program, the agency
achieves such utilization for a 12-month period. This subparagraph shall not
apply to participating agencies approved by the Secretary to combine funds from
sections 8 and 9 of the Act prior to enactment of this section.
(2)In carrying out the housing innovation program under this
section, each participating agency shall continue to assist—
(A)not less than
substantially the same number of eligible low-income families under the program
as it assisted in the base year for the agency; and
(B)a comparable mix
of families by family size, subject to adjustment to reflect changes in the
agency’s waiting list, except that the Secretary may approve exceptions to such
requirements for up to 3 years based on modernization or redevelopment
activities proposed in an annual plan submitted and approved in accordance with
paragraph (8).
Determinations with respect to the
number of families served shall be adjusted based on any allocation of
additional vouchers under section 8(o) and to reflect any change in the
percentage of program funds that a participating agency receives compared to
the base year.(3)Notwithstanding any other provision of this section,
families receiving assistance under this section shall retain the same rights
of judicial review of agency action as they would otherwise have had if the
agency were not participating in the program, and each participating agency
shall comply with the following provisions of this Act:
(A)Subsections
(a)(2)(A) and (b)(1) of section 16 (relating to targeting for new admissions in
the public housing and voucher programs).
(B)Section 2(b)
(relating to tenant representatives on the public housing agency board of
directors).
(C)Section 3(b)(2)
(relating to definitions for the terms low-income families
and
very low-income families
).
(D)Section 5(A)(e)
(relating to the formation of and consultation with a resident advisory
board).
(E)Sections 6(f)(1)
and 8(o)(8)(B) (relating to compliance of units assisted with housing quality
standards or other codes).
(F)Sections 6(c)(3),
6(c)(4)(i), and 8(o)(6)(B) (relating to rights of public housing applicants and
existing procedural rights for applicants under section 8(o)).
(G)Section 6(k)
(relating to grievance procedures for public housing tenants) and comparable
procedural rights for families assisted under section 8(o).
(H)Section 6(l)
(relating to public housing lease requirements), except that for units assisted
both with program funds and low-income housing tax credits, the initial lease
term may be less than 12 months if required to conform lease terms with such
tax credit requirements.
(I)Section 7 (relating to designation of
housing for elderly and disabled households), except that a participating
agency may make such designations(at initial designation or upon renewal) for a
term of up to 5 years if the agency includes in its annual plan under paragraph
(8) an analysis of the impact of such designations on affected households and
such designation is subject to the program evaluation. Any participating agency
with a designated housing plan that was approved under the moving to work
demonstration may continue to operate under the terms of such plan for a term
of 5 years (with an option to renew on the same terms for an additional 5
years) if it includes in its annual plan an analysis of the impact of such
designations on affected households and is subject to evaluation under
subsection (f).
(J)Subparagraphs (C) through (E) of section
8(o)(7) and section 8(o)(20) (relating to lease requirements and eviction
protections for families assisted with tenant-based assistance).
(K)Subject to
paragraph (1)(B) of this subsection, section 8(o)(13)(B) (relating to a
percentage limitation on project-based assistance), except that for purposes of
this subparagraph such section shall be applied by substituting 50
percent
for 20 percent
.
(L)Section 8(o)(13)(E) (relating to resident
choice for tenants of units with project-based vouchers), except with respect
to—
(i)in
the case of agencies participating in the moving to work demonstration, any
housing assistance payment contract entered into within 2 years after the
enactment of this section;
(ii)project-based
vouchers that replace public housing units;
(iii)not more than 10
percent of the vouchers available to the participating agency upon entering the
housing innovation program under this section; and
(iv)any project-based
voucher program that is subject to evaluation under subsection (f).
(M)Section 8(r)
(relating to portability of voucher assistance), except that a participating
agency may receive funding for portability obligations under section 8(dd) in
the same manner as other public housing agencies.
(N)Sections 8(ee) and
6(u) (relating to records, certification and confidentiality regarding domestic
violence).
(O)Subsections (a)
and (b) of section 12 (relating to payment of prevailing wages).
(P)Section 18
(relating to demolition and disposition of public housing).
(4)Rents and
requirements for continued occupancy or participation
(A)Before adopting any
policy pursuant to participation in the housing innovation program under this
section that would make a material change to the requirements of this Act
regarding tenant rents or contributions, or conditions of continued occupancy
or participation, a participating agency shall complete each of the following
actions:
(i)The agency shall
conduct an impact analysis of the proposed policy on families the agency is
assisting under the program under this section and on applicants on the waiting
list, including analysis of the incidence and severity of rent burdens greater
than 30 percent of adjusted income on households of various sizes and types and
in various income tiers, that would result, if any, without application of the
hardship provisions. The analysis with respect to applicants on the waiting
list may be limited to demographic data provided by the applicable consolidated
plan, information provided by the Secretary, and other generally available
information. The proposed policy, including provisions for addressing hardship
cases and transition provisions that mitigate the impact of any rent increases
or changes in the conditions of continued occupancy or participation, and data
from this analysis shall be made available for public inspection for at least
60 days in advance of the public meeting described in clause (ii).
(ii)The agency shall
hold a public meeting regarding the proposed change, including the hardship
provisions, which may be combined with a public meeting on the draft annual
plan under paragraph (8) or the annual report under paragraph (9).
(iii)The board of
directors or other similar governing body of the agency shall approve the
change in public session.
(iv)The agency shall
obtain approval from the Secretary of the annual plan or plan amendment. The
Secretary may approve a plan or amendment containing a material change to the
requirements of this Act regarding tenant rents or contributions, or conditions
of continued occupancy or participation, only if the agency agrees that such
policy may be included as part of the national evaluation.
(B)After adopting a policy described in subparagraph (A), a
program agency shall complete each of the following actions:
(i)The
agency shall provide adequate notice to residents, which shall include a
description of the changes in the public housing lease or participation
agreement that may be required and of the hardship or transition protections
offered.
(ii)In the case of
any additional requirements for continued occupancy or participation, the
agency shall execute a lease addendum or participation agreement specifying the
requirements applicable to both the resident and the agency. A resident may
bring a civil action to enforce commitments of the agency made through the
lease addendum or participation agreement.
(iii)The agency shall
reassess rent, subsidy level, and policies on program participation no less
often than every two years, which shall include preparing a revised impact
analysis, and make available to the public the results of such reassessment and
impact analysis. The requirement under this clause may be met by sufficiently
detailed interim reports, if any, by the national evaluating entity.
(iv)The agency shall
include in the annual report under paragraph (8) information sufficient to
describe any hardship requests, including the number and types of requests
made, granted, and denied, the use of transition rules, and adverse impacts
resulting from changes in rent or continued occupancy policies, including
actions taken by the agency to mitigate such impacts and impacts on families no
longer assisted under the program.
(C)Applicability to
existing MTW agenciesAn
existing MTW agency that, before the date of the enactment of this section,
implemented material changes to the requirements of this Act regarding tenant
rents or contributions, or conditions of continued occupancy or participation,
as part of the moving to work demonstration shall not be subject to
subparagraph (A) with regard to such previously implemented changes, but shall
comply with the requirements of subparagraph (B)(ii) and provide the evaluation
and impact analysis required by subparagraph (B)(iii) by the end of the second
agency fiscal year ending after such date of enactment.
(5)Prohibition
against decrease in program fundsThe amount of program funds a
participating agency receives shall not be diminished by its participation in
the housing innovation program under this section.
(6)Submission of
informationAs part of the annual report required under
subsection (g)(2), each participating agency shall submit information annually
to the Secretary regarding families assisted under the program of the agency
and comply with any other data submissions required by the Secretary for
purposes of evaluation of the program under this section.
(7)Public and
resident participationEach
participating agency shall provide opportunities for resident and public
participation in the annual plan under paragraph (8), as follows:
(A)
(i)Each year, the agency shall provide notice
to the low-income families it serves under the programs authorized by this
section as to the impact of proposed policy changes and program initiatives and
of the schedule of resident advisory board and public meetings for the annual
plan.
(ii)The
agency shall hold at least one meeting with the resident advisory board
(including representatives of recipients of assistance under section 8) to
review the annual plan for each year.
(B)With respect to each annual plan, the agency shall hold
at least one annual public meeting to obtain comments on the plan, which may be
combined with a meeting to review the annual report. In the case of any agency
that administers, in the aggregate, more than 15,000 public housing units and
vouchers, the agency shall hold additional meetings in locations that promote
attendance by residents and other stakeholders.
(C)Before adoption of any annual plan, and not less
than 30 days before the public meeting required under subparagraph (A)(ii) with
respect to the plan, the agency shall make the proposed annual plan available
for public inspection. The annual plan shall be made available for public
inspection not less than 30 days before approval by the board of directors (or
other similar governing body) of the agency and shall remain publicly
available.
(D)Before submitting an annual plan or annual report to the
Secretary, the plan or report, as applicable, shall be approved in a public
meeting by the board of directors or other governing body of the agency.
(8)
(A)For
each year that a participating agency participates in the housing innovation
program under this section, the agency shall submit to the Secretary, in lieu
of all other planning requirements, an annual plan under this paragraph.
(B)Each
annual plan shall include the following information:
(i)A
list and description of all program initiatives and generally applicable policy
changes, including references to affected provisions of law or the implementing
regulations affected.
(ii)A
description and comparison of changes under the housing innovation program of
the agency from the plan for such program for the preceding year.
(iii)A description of
property redevelopment or portfolio repositioning strategies and proposed
changes in policies or uses of funds required to implement such
strategies.
(iv)Documentation of
public and resident participation sufficient to comply with the requirements
under paragraphs (4) and (7), including a copy of any recommendations submitted
in writing by the resident advisory board of the agency and members of the
public, a summary of comments, and a description of the manner in which the
recommendations were addressed.
(v)Certifications by
the agency that—
(I)the annual plan
will be carried out in conformity with title VI of the Civil Rights Act of
1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973,
title II of the Americans with Disabilities Act of 1990, and the rules,
standards, and policies in the approved plan;
(II)the agency will
affirmatively further fair housing; and
(III)the agency has
complied and will continue to comply with its obligations under the national
evaluation.
(vi)A description of the agency’s local asset
management strategy for public housing properties, which shall be in lieu of
any other asset management, project based management or accounting, or other
system of allocating resources and costs to participating agency assets or cost
centers that the Secretary may otherwise impose under this Act.
(C)If
the agency proposes to make material changes in policies or initiatives in the
plan during the year covered by the plan, the agency shall consult with the
resident advisory board for the agency established pursuant to section 5A(e)
and the public regarding such changes before their adoption.
(D)
(i)The Secretary shall review and approve or
disapprove each annual plan submitted to the Secretary within 45 days after
such submission.
(ii)Standards for
disapprovalThe Secretary may disapprove a plan only if—
(I)the Secretary
reasonably determines, based on information contained in the annual plan or
annual report, that the agency is not in compliance with the requirements of
this section;
(II)the annual plan
or most recent annual report is not consistent with other reliable information
available to the Secretary; or
(III)the annual plan
or annual report or the agency’s activities under the program are not otherwise
in accordance with applicable law.
(iii)If a submitted
plan is not disapproved within 45 days after submission, the plan shall be
considered to be approved for purposes of this section. The preceding sentence
shall not preclude judicial review regarding such compliance pursuant to
chapter
7 of title 5, United States Code, or an action regarding such
compliance under section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983).
(f)Evaluation of
Performance
(1)The Secretary shall
conduct detailed evaluations of all public housing agencies participating in
the program under this section—
(A)to determine the
level of success of each public housing agency in achieving the purposes of the
program under subsection (a); and
(B)to identify
program models that can be replicated by other agencies to achieve such
success.
(2)
(A)The Secretary shall
submit three reports to the Congress, as provided in subparagraph (B),
evaluating the programs of all public housing agencies participating in the
program under this section and all agencies participating in the moving to work
demonstration. Each such report shall include findings and recommendations for
any appropriate legislative action.
(B)The
reports under this paragraph shall include—
(i)an
initial report, which shall be submitted before the expiration of the 3-year
period beginning on the date of the enactment of the
Section 8 Voucher Reform Act of
2007;
(ii)an interim
report, which shall be submitted before the expiration of the 5-year period
beginning on such date of enactment; and
(iii)a final report, which shall be submitted
before the expiration of the 10-year period beginning on such date of
enactment.
(3)The Secretary may contract out the responsibilities under
this paragraphs (1) and (2) to an independent entity that is qualified to
perform such responsibilities.
(4)The Secretary or the
evaluating entity, as applicable, shall establish performance measures, which
may include—
(A)a baseline
performance level against which program activities may be evaluated; and
(B)performance
measures for—
(i)increasing housing
opportunities for extremely low-, very low-, and low-income families, replacing
or rehabilitating housing at risk of physical deterioration or obsolescence,
and developing additional affordable housing;
(ii)leveraging other
Federal, State, and local funding sources, including the low-income housing tax
credit program, to expand and preserve affordable housing opportunities,
including public housing;
(iii)moving families to self-sufficiency and
increasing employment rates and wages of families without imposing a
significant rent burden on the families having the lowest incomes;
(iv)reducing
administrative costs; and
(v)any other
performance measures that the Secretary or evaluating entity, as applicable,
may establish.
(g)Recordkeeping,
reports, and audits
(1)Each
public housing agency participating in the program under this section shall
keep such records as the Secretary may prescribe as reasonably necessary to
disclose the amounts and the disposition of amounts under the program, to
ensure compliance with the requirements of this section, and to measure
performance.
(2)In lieu of all other reporting
requirements, each such agency participating in the program shall submit to the
Secretary an annual report in a form and at a time specified by the Secretary.
Each annual report shall include the following information:
(A)A description,
including an annual consolidated financial report, of the sources and uses of
funds of the agency under the program, which shall account separately for funds
made available under section 8 and subsections (d) and (e) of section 9, and
shall compare the agency’s actions under the program with its annual plan for
the year.
(B)An annual audit
that complies with the requirements of Circular A–133 of the Office of
Management and Budget, including the OMB Compliance Supplement.
(C)A description of
each hardship exception requested and granted or denied, and of the use of any
transition rules.
(D)Documentation of
public and resident participation sufficient to comply with the requirements
under paragraph (7).
(E)A comparison of
income and the sizes and types of families assisted by the agency under the
program compared to those assisted by the agency in the base year.
(F)Every two years,
an evaluation of rent policies, subsidy level policies, and policies on program
participation.
(G)A description of
any ongoing local evaluations and the results of any local evaluations
completed during the year.
(3)Access to
documents by secretaryThe Secretary shall have access for the
purpose of audit and examination to any books, documents, papers, and records
that are pertinent to assistance in connection with, and the requirements of,
this section.
(4)Access to
documents by the Comptroller GeneralThe Comptroller General of the United
States, or any of the duly authorized representatives of the Comptroller
General, shall have access for the purpose of audit and examination to any
books, documents, papers, and records that are pertinent to assistance in
connection with, and the requirements of, this section.
(5)Reports
regarding evaluationsThe Secretary shall require each public
housing agency participating in the program under this section to submit to the
Secretary, as part of the agency’s annual report under paragraph (2), such
information as the Secretary considers appropriate to permit the Secretary to
evaluate (pursuant to subsection (f)) the performance and success of the agency
in achieving the purposes of the demonstration.
(h)Additional
program agenciesIn participating in the program under the terms
of this subsection, the public housing agencies designated for such
participation shall be subject to the requirements of this section, and the
additional following requirements:
(1)Applicability of
certain existing provisionsSuch agencies shall be subject to the
provisions of—
(A)subsections (a)
and (b) of section 3; and
(B)section 8(o),
except for paragraph (11) and except as the requirements of section 8(o) are
modified by subsection (e)(3) of this section.
(2)Such agencies may not impose time limits on the term of
housing assistance received by families under the program.
(3)Such agencies may not condition the receipt of housing
assistance by families under the program on the employment status of one of
more family members.
(4)
(A)Such agencies may
not demolish or dispose of any dwelling unit of public housing operated or
administered by such agency (including any uninhabitable unit and any unit
previously approved for demolition) except pursuant to a plan for replacement
of such units in accordance with, and approved by the Secretary of Housing and
Urban Development pursuant to, subparagraph (B).
(B)The Secretary may not approve a plan that provides
for demolition or disposition of any dwelling unit of public housing referred
to in subparagraph (A) unless—
(i)such plan provides
for outreach to public housing agency residents in accordance with paragraph
(5);
(ii)not later than 60
days before the date of the approval of such plan, such agency has convened and
conducted a public hearing regarding the demolition or disposition proposed in
the plan;
(iii)such plan
provides that for each such dwelling unit demolished or disposed of, such
public housing agency will provide an additional dwelling unit through—
(I)the acquisition or
development of additional public housing dwelling units; or
(II)the acquisition,
development, or contracting (including through project-based assistance) of
additional dwelling units that are subject to requirements regarding
eligibility for occupancy, tenant contribution toward rent, and long-term
affordability restrictions which are comparable to public housing units, except
that no household may be prevented from occupying a replacement dwelling unit
provided pursuant to clause (iii) except to the extent specifically provided by
any other provision of Federal law (including subtitle F of title V of the
Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et
seq.; relating to safety and security in public and assisted
housing, subtitle D of title VI of the Housing and Community Development Act of
1992 (42 U.S.C. 13611 et seq.; relating to preferences for elderly and disabled
residents), and section 16(f) of this Act (42 U.S.C. 1437n(f)); relating to
ineligibility of persons convicted of methamphetamine offenses);
(iv)such plan provides for a right, and
implementation of such right, to occupancy of additional dwelling units
provided in accordance with clause (iii), for households who, as of the time
that dwelling units demolished or disposed of were vacated to provide for such
demolition or disposition, were occupying such dwelling units;
(v)such plan provides
that the proposed demolition or disposition and relocation will be carried out
in a manner that affirmatively furthers fair housing, as described in
subsection (e) of section 808 of the Civil Rights Act of 1968; and
(vi)to the extent
that such plan provides for the provision of replacement or additional dwelling
units, or redevelopment, in phases over time, such plan provides that the ratio
of dwelling units described in subclauses (I) and (II) of clause (iii) that are
provided in any such single phase to the total number of dwelling units
provided in such phase is not less than the ratio of the aggregate number of
such dwelling units provided under the plan to the total number of dwelling
units provided under the plan.
(C)Subparagraphs (B) and (D) of section 8(o)(13) of the
United States Housing Act of 1937 (42 U.S.C.
1437f(o)(13)) shall not apply with respect to vouchers used to
comply with the requirements of subparagraph (B)(iii) of this paragraph.
(D)The
Secretary of Housing and Urban Development shall provide for the appropriate
field offices of the Department to monitor and supervise enforcement of this
paragraph and plans approved under this paragraph and to consult, regarding
such monitoring and enforcement, with resident councils of, and residents of
public housing operated or administered by, the agency.
(5)Comprehensive
outreach planNo program
funds of such agencies may be use to demolish or dispose of any public housing
dwelling units except in accordance with a comprehensive outreach plan for such
activities, developed by the agency in conjunction with the residents of the
public housing agency, as follows:
(A)The plan shall be
developed by the agency and a resident task force, which may include members of
the Resident Council, but may not be limited to such members, and which shall
represent all segments of the population of residents of the agency, including
single parent-headed households, the elderly, young employed and unemployed
adults, teenage youth, and disabled persons.
(B)The votes and
agreements regarding the plan shall involve—
(i)in
the case of any public housing agency that administers 250 or fewer public
housing dwelling units, not less than 10 percent of affected residents;
and
(ii)in the case of any public housing agency
that administers more than 250 public housing dwelling units, not less than 25
affected residents.
(C)The plan shall provide for and describe
outreach efforts to inform residents of the program under this subsection,
including a door-to-door information program, monthly newsletters to each
resident household, monthly meetings dedicated solely to every aspect of the
proposed development, including redevelopment factors, which shall include the
one-for-one replacement requirement under paragraph (5), resident rights to
return, the requirements of the program under this subsection, new resident
support and community services to be provided, opportunities for participation
in architectural design, and employment opportunities for residents, which
shall make available at least 30 percent of the total hours worked at all such
employment, and shall also make available at least 25 percent of unskilled jobs
in demolition activities and 25 percent of unskilled jobs in construction
activities related to the redevelopment project, including job training,
apprenticeships, union membership assistance.
(D)The plan shall
provide for regularly scheduled monthly meeting updates and a system for filing
complaints about any aspect of the redevelopment process.
(i)For
purposes of this section, the following definitions shall apply:
(1)The term
existing MTW agency means a public housing agency that as of the
date of the enactment of the Section 8 Voucher Reform Act of 2007 has an
existing agreement with the Secretary pursuant to the moving to work
demonstration.
(2)The term base year means, with respect to a
participating agency, the agency fiscal year most recently completed prior to
selection and approval for participation in the housing innovation program
under this section.
(3)Moving to work
demonstrationThe term
moving to work demonstration means the moving to work
demonstration program under section 204 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies Appropriations Act,
1996 (42 U.S.C.
1437f note).
(4)The term participating agencies means
public housing agencies designated and approved for participation, and
participating, in the housing innovation program under this section.
(5)The term program funds means, with respect to
a participating agency, any amounts that the agency is authorized, pursuant to
subsection (e)(1), to use to carry out the housing innovation program under
this section of the agency.
(6)The
term residents means, with respect to a public housing agency,
tenants of public housing of the agency and participants in the voucher or
other housing assistance programs of the agency funded under section 8(o), or
tenants of other units owned by the agency and assisted under this
section.
(j)Authorization of
appropriations for resident technical assistanceThere is
authorized to be appropriated for each of fiscal years 2008 through 2012
$10,000,000, for providing capacity building and technical assistance to
enhance the capabilities of low-income families assisted under the program
under this section to participate in the process for establishment of annual
plans under this section for participating agencies.
(k)Authorization of
appropriations for evaluationsThere is authorized to be
appropriated $15,000,000 to the Department of Housing and Urban Development for
the purpose of conducting the evaluations required under subsection
(f)(1).
.
(b)Not later than 48
months after the date of the enactment of this Act, the Comptroller General of
the United States shall submit a report to the Congress on the extent to which
the public housing agencies participating in the housing innovation program
under section 36 of the United States Housing Act of 1937 are meeting the goals
and purposes of such program, as identified in subsection (a) of such section
36.
17.Demonstration
program waiver authority
(a)Authority To
enter into agreementsNotwithstanding any other provision of law,
the Secretary of Housing and Urban Development may enter into such agreements
as may be necessary with the Social Security Administration and the Secretary
of Health and Human Services to allow for the participation, in any
demonstration program described in subsection (c), by the Department of Housing
and Urban Development and the use under such program of housing choice vouchers
under section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)).
(b)Waiver of income
requirementsThe Secretary of
Housing and Urban Development may, to extent necessary to allow rental
assistance under section 8(o) of the United States Housing Act of 1937 to be
provided on behalf of persons described in subsection (c) who participate in a
demonstration program described in such subsection, and to allow such persons
to be placed on a waiting list for such assistance, partially or wholly
disregard increases in earned income for the purpose of rent calculations under
section 3 for such persons.
(c)A demonstration program described in this subsection is
a demonstration program of a State that provides for persons with significant
disabilities to be employed and continue to receive benefits under programs of
the Department of Health and Human Services and the Social Security
Administration, including the program of supplemental security income benefits
under title XVI of the Social Security Act, disability insurance benefits under
title II of such Act, and the State program for medical assistance (Medicaid)
under title XIX of such Act.
18.Access to HUD
programs for persons with limited English proficiency
(a)To allow the Department of Housing and Urban
Development to better serve persons with limited proficiency in the English
language by providing technical assistance to recipients of Federal funds, the
Secretary of Housing and Urban Development shall take the following
actions:
(1)Within 90 days after the enactment of this Act, convene a
task force comprised of appropriate industry groups, recipients of funds from
the Department of Housing and Urban Development (in this section referred to as
the Department
), community-based organizations that serve
individuals with limited English proficiency, civil rights groups, and
stakeholders, which shall identify a list of vital documents, including
Department and certain property and other documents, to be competently
translated to improve access to federally conducted and federally assisted
programs and activities for individuals with limited English proficiency. The
task force shall meet not less frequently than twice per year.
(2)Within
6 months after identification of documents pursuant to paragraph (1), produce
translations of the documents identified in all necessary languages and make
such translations available as part of the library of forms available on the
website of the Department and as part of the clearinghouse developed pursuant
to paragraph (4).
(3)Develop
and carry out a plan that includes providing resources of the Department to
assist recipients of Federal funds to improve access to programs and activities
for individuals with limited English proficiency, which plan shall include the
elements described in paragraph (4).
(4)Housing
information resource centerDevelop and maintain a housing
information resource center to facilitate the provision of language services by
providers of housing services to individuals with limited English proficiency.
Information provided by such center shall be made available in printed form and
through the Internet. The resources provided by the center shall include the
following:
(A)Translation of
written materialsThe center
may provide, directly or through contract, vital documents from competent
translation services for providers of housing services.
(B)Toll-free
customer service telephone numberThe center shall provide a
24-hour toll-free interpretation service telephone line, by which recipients of
funds of the Department and individuals with limited English proficiency
may—
(i)obtain information
about federally conducted or federally assisted housing programs of the
Department;
(ii)obtain assistance
with applying for or accessing such housing programs and understanding Federal
notices written in English; and
(iii)communicate with
housing providers. and learn how to access additional language services.
The
toll-free telephone service provided pursuant to this subparagraph shall
supplement resources in the community identified by the plan developed pursuant
to paragraph (3).(C)The center shall collect and evaluate for accuracy
or develop, and make available, templates and documents that are necessary for
consumers, relevant industry representatives, and other stakeholders of the
Department, to access, make educated decisions, and communicate effectively
about their housing, including—
(i)administrative and
property documents;
(ii)legally binding
documents;
(iii)consumer
education and outreach materials;
(iv)documents
regarding rights and responsibilities of any party; and
(v)remedies available
to consumers.
(D)Study of language
assistance programsThe
center shall conduct a study that evaluates best-practices models for all
programs of the Department that promote language assistance and strategies to
improve language services for individuals with limited English proficiency. Not
later than 18 months after the date of the enactment of this Act, the center
shall submit a report to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban Affairs of the
Senate, which shall provide recommendations for implementation, specific to
programs of the Department, and information and templates that could be made
available to all recipients of grants from the Department.
(E)Cultural and
linguistic competence materialsThe center shall provide
information relating to culturally and linguistically competent housing
services for populations with limited English proficiency.
(b)Authorization of
appropriationsThere are authorized to be appropriated such sums
as may be necessary to carry out subsection (a).
(c)Not
later than the expiration of the 6-month period beginning on the date of the
enactment of this Act, and annually thereafter, the Secretary of Housing and
Urban Development shall submit a report regarding its compliance with the
requirements under subsection (a) to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
19.Transfer of certain
rental assistance contracts
(a)Subject to subsection (c) and
notwithstanding any other provision of law, the Secretary of Housing and Urban
Development shall, at the request of the owner, transfer or authorize the
transfer, of the contracts, restrictions, and debt described in subsection
(b)—
(1)on the housing that is owned or managed by
Community Properties of Ohio Management Services LLC or an affiliate of Ohio
Capital Corporation for Housing and located in Franklin County, Ohio, to other
properties located in Franklin County, Ohio; and
(2)on the housing that is owned or managed by
The Model Group, Inc., and located in Hamilton County, Ohio, to other
properties located in Hamilton County, Ohio.
(b)Contracts,
restrictions, and debt coveredThe contracts, restrictions, and
debt described in this subsection are as follows:
(1)All or a portion
of a project-based rental assistance housing assistance payments contract under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(2)Existing Federal
use restrictions, including without limitation use agreements, regulatory
agreements, and accommodation agreements.
(3)Any subordinate
debt held by the Secretary or assigned and any mortgages securing such debt,
all related loan and security documentation and obligations, and reserve and
escrow balances.
(c)Retention of
same number of units and amount of assistanceAny transfer
pursuant to subsection (a) shall result in—
(1)a
total number of dwelling units (including units retained by the owners and
units transferred) covered by assistance described in subsection (b)(1) after
the transfer remaining the same as such number assisted before the transfer,
with such increases or decreases in unit sizes as may be contained in a plan
approved by a local planning or development commission or department;
and
(2)no reduction in the total amount of the
housing assistance payments under contracts described in subsection
(b)(1).
(d)This section shall take effect on the date of the enactment
of this Act.
20.Authorization of
appropriationsThere is
authorized to be appropriated the amount necessary for each of fiscal years
2008 through 2012 to provide public housing agencies with incremental
tenant-based assistance under section 8(o) of the United States Housing Act of
1937 (42 U.S.C.
1437f(o)) sufficient to assist 20,000 incremental dwelling
units in each such fiscal year.
21.Acceptable
identification requirement
(a)Rental housing assistance under section 8(o) of the
United States Housing Act of 1937 may not be provided on behalf of any
individual or household unless the individual provides, or, in the case of a
household, all adult members of the household provide, valid personal
identification in one of the following forms:
(1)Social security
card with photo identification card or Real ID Act identification
(A)A social security
card accompanied by a photo identification card issued by the Federal
Government or a State Government; or
(B)A driver’s license
or identification card issued by a State in the case of a State that is in
compliance with title II of the REAL ID Act of 2005 (title II of division B of
Public Law
109–13;
49 U.S.C.
30301 note).
(2)A
passport issued by the United States or a foreign government.
(3)USCIS photo
identification cardA photo identification card issued by the
Secretary of Homeland Security (acting through the Director of the United
States Citizenship and Immigration Services).
(b)The Secretary of Housing and Urban
Development shall, by regulation, require that each public housing agency or
other entity administering rental housing assistance described in subsection
(a) take such actions as the Secretary considers necessary to ensure compliance
with the requirements of subsection (a).
22.Except as otherwise
specifically provided in this Act, this Act and the amendments made by this
Act, shall take effect on January 1, 2008.
Passed the House of
Representatives July 12, 2007.
Lorraine C. Miller,
Clerk.