1.Short
title; table of contents
(a)This Act may be cited
as the Section 8 Voucher Reform Act of
2008
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Inspection of dwelling units.
Sec. 3. Rent reform and income reviews.
Sec. 4. Eligibility for assistance based on assets and
income.
Sec. 5. Targeting assistance to low-income working
families.
Sec. 6. Voucher renewal funding.
Sec. 7. Administrative fees.
Sec. 8. Homeownership.
Sec. 9. Performance assessments.
Sec. 10. PHA project-based assistance.
Sec. 11. Rent burdens.
Sec. 12. Establishment of fair market rent.
Sec. 13. Screening of applicants.
Sec. 14. Enhanced vouchers.
Sec. 15. Project-based preservation vouchers.
Sec. 16. Demonstration program waiver authority.
Sec. 17. Study to identify obstacles to using vouchers in
federally subsidized housing projects.
Sec. 18. Collection of data on tenants in projects receiving
tax credits.
Sec. 19. Agency authority for utility payments in certain
circumstances.
Sec. 20. Access to HUD programs for persons with limited
English proficiency.
Sec. 21. Authorization of appropriations.
Sec. 22. Effective date.
2.Inspection of dwelling
units
(a)Inspection of
units by PHA'sSection
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 Federal housing quality and
safety standards under any Federal housing program inspection standard
equivalent to the standards under the program under this subsection, 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, a public housing agency may—
(I)authorize occupancy before the inspection
under clause (i) has been completed; and
(II)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), provided that such inspection is conducted pursuant to the
requirements of subparagraph (C).
;
(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 make, for each assisted dwelling
unit, inspections not less 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.) or the low-income housing tax credit under section 42 of the
Internal Revenue Code of 1986); 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 adding at the
end the following new subparagraph:
(F)Upon notification by a family on whose behalf
tenant-based assistance is provided under this subsection, that the dwelling
unit for which such assistance is provided does not comply with housing quality
standards under subparagraph (B), the public housing agency shall inspect the
dwelling unit—
(i)in the case of a
life threatening condition, within 24 hours of such notice; and
(ii)in the case of
any non-life threatening condition, within 15 days of such notice.
(G)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 a life threatening condition,
within 24 hours after receipt of such notice; and
- (bb)in
the case of any failure that is a result of a non-life threatening condition,
within 30 days after provision of such notice, or such other reasonable period
as the public housing agency may establish.
(ii)
(I)A public housing agency providing assistance under this
subsection shall abate such assistance with respect to any assisted dwelling
unit that is determined to be in noncompliance with the housing quality
standards under subparagraph (B). Upon a showing by the owner of the unit that
sufficient repairs to the unit have been completed so that the unit complies
with such housing quality standards, the public housing agency may recommence
payment of such assistance.
(II)Use of abated
assistance to pay for repairsThe public housing agency may use
any assistance amounts abated pursuant to subclause (I) to make repairs or to
contract for such repairs for life-threatening conditions, except that a
contract to make repairs may not be entered into with the inspector for the
dwelling unit.
(iii)If a public housing agency providing assistance under
this subsection abates rental assistance payments under clause (ii), the public
housing agency shall—
(I)notify the
tenant—
- (aa)when such
abatement begins; and
- (bb)at
the start of the abatement period that if the unit is not brought into
compliance within 120 days, the tenant will have to move; and
(II)issue the tenant
the necessary forms to allow the tenant to move with their voucher to another
housing unit; and
(III)use funds that
otherwise would have gone to pay the rental amount, for the reasonable moving
expenses or security deposit costs of the tenant.
(iv)Right of the
tenant to terminate tenancyDuring any period that housing
assistance payments are abated with respect to any assisted dwelling unit
pursuant to this subparagraph, the tenant of such dwelling may terminate his or
her tenancy without penalty by notifying the owner of the dwelling unit.
(v)Limitation on
authority of an ownerAn owner of a dwelling unit that is
considered to be in noncompliance with the housing quality standards under
subparagraph (B) may not terminate the tenancy of a tenant, or refuse to renew
a lease for such unit, as a result of an abatement order carried out by a
public housing agency under clause (ii).
(vi)Termination of
lease or assistance payments contractsIf a public housing agency
providing assistance under this subsection abates rental assistance payments
under clause (ii) and the owner of the unit does not correct the noncompliance
within 120 days after the effective date of the determination of noncompliance
under clause (i), the public housing agency shall terminate the housing
assistance payment contract subject to clause (vii). The termination of the
housing assistance payment contract shall terminate the lease agreement.
(vii)
(I)120-day period
to relocateThe public housing agency shall provide to the
individual or family residing in any unit whose lease is terminated under
clause (vi) at least 120 days beginning at the start of the abatement period to
lease a new residence with tenant-based assistance under this paragraph.
(II)Preference in
case of relocation hardshipIf the individual or family residing
in any unit whose lease is terminated under clause (vi) is unable to lease a
new residence pursuant to subclause (I), the public housing agency shall
provide, at the option of the individual or family—
- (aa)additional
search time to such individual or family; or
- (bb)preference for
occupancy in a public housing unit owned or operated by the public housing
agency.
(III)Provision of
reasonable relocation assistanceThe public housing agency shall
provide reasonable assistance to each individual or family residing in any unit
whose lease is terminated under clause (vi) in finding a new residence,
including the use of up to 2 months of any assistance abated pursuant to clause
(ii) for relocation expenses, including moving expenses and security deposits.
The public housing agency may require that an individual or family receiving
assistance for a security deposit, remit, to the extent of such assistance, the
amount of any security deposit refunded by the owner of the unit for which the
lease was terminated.
(viii)If a public housing agency determines that the
noncompliance of a dwelling unit was caused by a tenant, member of the tenant’s
family, or a guest of the tenant, the public housing agency may waive the
applicability of this subparagraph.
(ix)Treatment of
certain abatement assistanceAssistance amounts abated and used
to make repairs or to contract for such repairs for life-threatening conditions
pursuant to clause (ii)(II) or used for relocation assistance pursuant to
clause (viii)(iv) shall be treated as costs which shall be considered in
determining the allocation of renewal funding under subsection
(dd)(2).
.
(b)Leasing of
units owned by PHA'sSection 8(o)(11) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(11)) is amended by striking the
Secretary shall require the unit of general local government or another entity
approved by the Secretary,
and inserting the public housing
agency shall arrange for a third party
.
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)
; and
(B)by adding at the
end the following new paragraphs:
(6)
(A)Reviews
of family income for purposes of this section—
(i)shall be made in
the case of all families, upon the initial provision of housing assistance for
the family;
(ii)shall be made annually thereafter, except
as provided in subparagraph (B)(i);
(iii)shall be made
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 $1,000 (or such lower amount as the public housing
agency or owner may, at the option of the agency or owner, establish) or more
in annual adjusted income;
(iv)shall be made 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 $1,000 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 3 months of a certification period; and
(v)may be made, in
the discretion of the public housing agency, when the income of a family,
including earned income, changes in an amount that is less than the amounts
specified in clause (iii) or (iv), if the amount so specified for increases is
not lower than the amount specified for decreases.
(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.
(7)
(A)Use of prior
year’s or anticipated incomeIn determining the income of a family for
purposes of paragraph (6)(A)(ii) or (6)(B)(i), a public housing agency or owner
shall use the income of the family as determined by the agency or owner for the
preceding year. In determining the income of a family under clauses (i), (iii),
(iv), or (v) of paragraph (6)(A) a public housing agency or owner shall use the
anticipated income of the family as estimated by the agency or owner for the
coming year.
(B)Inflationary
adjustment for fixed income familiesIf, for any year, a public housing agency
or owner determines the income for any family described in paragraph
(6)(B)(ii), based on a review of the income of the family conducted during a
preceding year, such income shall be adjusted by applying an inflationary
factor as the Secretary shall, by regulation, establish.
(C)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 work with other appropriate Federal agencies to develop
procedures to enable public housing agencies and owners to have access to such
income determinations made by other Federal programs.
(D)A public housing
agency or owner may not be considered to fail to comply with this paragraph or
paragraph (6) due solely to any de minimis 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 any—
(i)imputed return on
assets;
(ii)amounts that would be eligible for
exclusion under section 1613(a)(7) of the Social Security Act (42 U.S.C.
1382b(a)(7)); and
(iii)deferred Veterans Administration disability
benefits that are received in a lump sum amount or in prospective monthly
amounts.
(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$700 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,
$480
for each such member.(C)An amount equal to 10 percent of the lesser of the
family’s earned income or $9,000.
(D)The amount, if any, exceeding 5 percent of annual income
used to pay for childcare for preschool age children, for before- or after-care
for children in school, or for other childcare necessary to enable a member of
the family to be employed or further his or her education.
(E)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.
(F)Such additional deductions as a public housing agency
or owner 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 deductions 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 deduction 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, except that in no
instance shall the dollar amount of any such deduction be less than the initial
amount of the deduction established under subparagraphs (A) and (B). The
Secretary shall annually adjust the fixed numerical dollar amount under
subparagraph (C) ($9,000 as of the date of enactment of the
Section 8 Voucher Reform Act of
2008), as such amount may have been previously adjusted, by
applying an inflationary factor as the Secretary shall, by regulation,
establish. If such dollar amount determined for any year by applying such
inflationary factor is not a multiple of $1,000, the Secretary shall round such
amount to the next lowest multiple of
$1,000..
(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 (6) and (7) 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
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 a public housing agency determines that
the application of the amendments made by this section results in a net
reduction in the dwelling rental income of the public housing agency and such
reduction in the first quarter of a calendar year is projected to be more than
one-half percent of the net dwelling rents received by the public housing
agency during the preceding calendar year, the public housing agency may, any
time prior to April 15th of each year following the effective date of the
amendments made by this section, certify to the Secretary of Housing and Urban
Development the anticipated net reduction in annual dwelling rental income and
the Secretary, within 45 days of receipt of such statement, shall reimburse the
agency from funds appropriated for operating assistance under section 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(e)) if such funds are
available. Each public housing agency so assisted shall maintain the books,
documents, papers, and records supporting the certification submitted to the
Secretary and such materials shall be available for review and audit by the
Secretary and by the Comptroller General of the United States and their
authorized representatives.
(2)HUD reports on
public housing revenue impactFor each of fiscal years 2009 and
2010, 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.
(3)This subsection shall take effect during the first year that
the amendments made by this section are effective.
(g)Section 904(2)(C) of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 (42 U.S.C. 3544) is amended by striking the
period and inserting the following: , and each applicant or participant,
or the authorized representative thereof, shall have the opportunity to examine
all information obtained for purposes of verifying the applicant or
participant’s eligibility for or levels of benefits.
.
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 in real property to which the
prohibition under paragraph (1)(B) does not apply, savings accounts in
homeownership programs of the Department of Housing and Urban Development, or
Family Self-Sufficiency program accounts.
(B)Such
term does not include—
(i)necessary items of
personal property, such as furniture and automobiles, as the public housing
agency may determine for purposes of the voucher and public housing programs,
and as the Secretary shall determine for purposes of other Federal housing
programs;
(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; 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—
(A)delay eviction or termination of the
family, based on such noncompliance for a period of not more than 6 months;
and
(B)continue to
provide assistance to the family if the family rectifies its noncompliance with
such limitation during the period of delay described under subparagraph
(A).
.
(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 2008 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. Public housing
agencies and owners shall determine whether a family receiving assistance under
this Act is a low-income family at the time of recertification based on the
highest area median income determined by the Secretary for the area since the
family began receiving assistance under this Act. 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 or the prohibition in
section 8(o)(4), 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 and may continue to provide assistance to the family if the
family rectifies its noncompliance with such limitation during this period of
delay.
;
(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 insert 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 public housing agencies located
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 public housing agencies located
in Puerto Rico or any other territory or possession of the United
States
.
(c)Project-based
section 8 assistanceSection
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 projects located 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 2009 through 2013, 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)relocation and
replacement of public housing units that are demolished or disposed of in
connection with the HOPE VI program under section 24;
(vii)relocation and
replacement of vouchers used to preserve public housing developed from sources
other than under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g);
(viii)mandatory
conversions of public housing to vouchers, pursuant to sections 33 of the
United States Housing Act of 1937 (42 U.S.C. 1437z–5);
(ix)voluntary
conversion of public housing to vouchers pursuant to section 22 of the United
States Housing Act of 1937 (42 U.S.C. 1437t);
(x)vouchers necessary
to comply with a consent decree or court order;
(xi)relocation and
replacement of public housing units that are demolished or disposed of pursuant
to eminent domain, homeownership programs, in connection with a mixed-finance
project under section 35 of the United States Housing Act of 1937 (42 U.S.C.
1437z–7), or otherwise;
(xii)vouchers to replace dwelling units that
cease to receive project-based assistance under subsection (b), (c), (d), (e),
or (v) of this section;
(xiii)vouchers used
to preserve public housing developed from sources other than under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g);
(xiv)tenant protection
assistance, including replacement and relocation assistance; and
(xv)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), (xi), (xii), or (xiii).(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—
(I)the first-time
renewal of vouchers funded under paragraph (1)(B); and
(II)any incremental
vouchers funded in previous years;
(iii)by making any adjustments necessary for
full-year funding of vouchers moved into or out of the jurisdiction of the
public housing agency in the prior calendar year pursuant to the portability
procedures 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 shall not include amounts resulting from a leasing rate in excess
of 103 percent of an agency’s authorized vouchers in the prior year which
results from the use of accumulated amounts, as referred to in paragraph
(4)(A).
(D)Notwithstanding subparagraphs (A) and (B), each public
housing agency participating in any year 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) shall be—
(i)funded pursuant
to its agreement under such program, if such agreement includes an alternate to
the provisions of this subsection; and
(ii)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 funds out
of any appropriations made under paragraph (1) for the fiscal year beginning on
October 1 of that calendar year, to any public housing agency, at the request
of the agency, in an amount up to 2 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
offset, 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 offset under this subparagraph at the end of 2008, an amount equal to 12.5
percent of the amount allocated to the public housing agency for such year
pursuant to paragraph (2)(A);
(ii)with respect to
the offset under this subparagraph at the end of 2009, an amount equal to 7.5
percent of the amount allocated to the public housing agency for such year
pursuant to paragraph (2)(A); and
(iii)with respect to the offset under this
subparagraph at the end of each of 2010, 2011, and 2012, 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 offset under this subparagraph, and may use such amounts
for all authorized purposes. Funds initially allocated prior to the effective
date of the Section 8 Voucher Reform Act of
2008 for the purposes specified in paragraph (1)(B) shall not be
included in the calculation of accumulated amounts subject to offset under this
paragraph.
(B)Not
later than May 1 of each calendar year, the Secretary shall—
(i)calculate the
aggregate savings due to the offset of unused amounts for the preceding year
recaptured pursuant to subparagraph (A);
(ii)set aside such
amounts as the Secretary considers likely to be needed to reimburse public
housing agencies for increased costs related to portability and family
self-sufficiency activities during such year, which amounts shall be made
available for allocation upon submission of a request that meets criteria
prescribed by the Secretary; 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, as well as the relative need of communities for
additional assistance under this subsection.
(C)Amounts reallocated to a public housing
agency pursuant to subparagraph (B)(iii) may be used only to increase voucher
leasing rates to the level eligible for renewal funding under paragraph
(2)(C).
.
(b)Absorption of
vouchers from other agencies
(1)Section 8(r)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437f(r)(2)) is amended—
(A)by striking
The public housing agency
and inserting (A)
In
general.—The public housing agency
; and
(B)by adding the end
the following:
(B)
(i)The public housing agency shall—
(I)absorb any family
that moves under this subsection into its program for voucher assistance under
this section after the initial month, except that the Secretary may limit the
absorption of vouchers in excess of a public housing agency’s authorized level
if the Secretary makes the determination under subparagraph (C) that there is
insufficient funding for such vouchers in the current year; and
(II)have priority to
receive additional funding from the Secretary for the net additional cost of
housing assistance provided pursuant to this requirement from amounts made
available pursuant to subsection (dd)(4)(B) or otherwise, except that the
obligation to absorb vouchers under subclause (I) does not override any
provision of a judgement, consent decree, contract with the Secretary pursuant
to section 3(b)(6), or any other similar arrangement under which the public
housing agency administers voucher assistance under this section without regard
to any other applicable limitation on the public housing agency’s area of
operation.
(ii)No delay of
vouchers for families on waiting listThe Secretary shall provide
the funding required to carry out the activities under clause (i) as needed for
a public housing agency to meet its obligation under this subparagraph without
delaying issuance of vouchers to families on its waiting list.
(C)If
in any fiscal year, the Secretary does not have sufficient funds available
under subsection (dd)(4)(B) or that otherwise may be used for the purposes of
this subsection, the Secretary shall suspend the requirement described in
subparagraph (B). Such suspension shall take effect no earlier than 60 days
after the Secretary provides notice of the suspension by electronic mail to all
public housing agencies and to the public by posting of the notice on the
website of the Department. The obligation of the Secretary to fund vouchers
absorbed under subparagraph (B) shall continue for all vouchers that are leased
prior to the effective date of such
suspension.
.
(2)The
amendments made by paragraph (1) shall take effect January 1, 2010, provided
that in each calendar quarter of 2010 and 2011, a public housing agency shall
absorb no more than one-eighth of the vouchers subject to absorption on such
effective date of each public housing agency that is providing assistance for
the vouchers on such effective date. Public housing agencies may by mutual
agreement alter the absorption rate established in the previous
sentence.
(3)Not later than May 1, 2009, the Secretary of Housing and
Urban Development shall provide to Congress an estimate of the net additional
cost to the Department of Housing and Urban Development in the first year of
implementation of the new requirements added by the amendments made in
paragraph (1), and of the savings likely to be available in 2010 and 2011 as a
result of the reduction in the permitted level of retained funds under
subsection (dd)(4)(A) of section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f(dd)(4)(A)).
(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, 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)—
(A)by amending
subparagraphs (B) and (C) to read as follows:
(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), unless the Secretary establishes by rulemaking a revised
method of calculating the per unit fee for each agency, which method—
(I)shall otherwise comply with this
subparagraph; and
(II)may include performance incentives,
consistent with subsection (o)(21);
(iii)include an
amount for the cost of issuing vouchers to new participants who lease units in
the jurisdiction of the agency or in another jurisdiction under the procedures
established in subsection (r);
(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
(B)by striking
subparagraph (E); and
(2)in paragraph (4),
by striking 1999
and inserting 2008
.
(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 1 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 3 such coordinators
in any of fiscal years 1998 through 2008 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 a family self-sufficiency program for its
residents, it shall be entitled to funding to cover the costs of up to 1 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 1 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 6 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
Congress. Not later than the expiration of the 8-year period beginning upon
such enactment, the Secretary shall submit a final evaluation report to
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 subparagraph:
(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 1-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.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, adjusted for vouchers set aside to meet commitments under paragraph
(13) and to take into account the time required for additional lease-up efforts
resulting from absorption of a significant number or share of an agency's
vouchers under subsection (r).
(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 calculations of rent, utility
allowances, and subsidy payments.
(vii)Effectiveness in
carrying out family self-sufficiency activities.
(viii)Timeliness of
actions related to landlord participation.
(ix)Compliance with
targeting requirements under section 16(b).
(x)Such
other areas as the Secretary considers appropriate.
(C)Not later than 2 years after the date of enactment of
this paragraph, and at least every 2 years thereafter, the Secretary, using the
standards and procedures established under this paragraph, shall—
(i)conduct an
assessment of the performance of each public housing agency carrying out a
program referred to in subparagraph (A);
(ii)make such
assessment available to the public housing agency and to the public via the
website of the Department of Housing and Urban Development; and
(iii)submit a report
to Congress regarding the results of each such assessment.
(D)Use of
assessments to assist performanceThe Secretary shall, by
regulation and based upon the results of the assessments of public housing
agencies conducted under this paragraph, establish procedures and mechanisms to
assist poorly performing public housing agencies in becoming ably performing
public housing
agencies.
.
10.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 only where
comprehensive services are provided to special populations such as to
individuals who were formerly homeless and other populations with special
needs. For purposes of the preceding sentence, the term single family
properties means buildings with no more than 4 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 6 months, the public housing agency has requested a higher payment
standard, 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 40 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)Structure owned
by agencyNotwithstanding any other provision of law, as part of
an initiative to improve, redevelop, or replace a public housing site, a public
housing agency may attach assistance to an existing, newly constructed, or
rehabilitated structure in which the public housing agency has an ownership
interest, without following a competitive process, provided that the agency
includes such action in its public housing agency plan approved under section
5A and the units that will receive such assistance will not receive assistance
under section 9. The preceding sentence shall not be construed to limit a
public housing agency’s ability to attach assistance to structures under
applicable law.
(M)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; and
(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.
(N)
(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.
(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.
(P)To promote regional
mobility and increase housing and economic opportunities through expanded use
of project-based voucher assistance, a public housing agency may transfer a
portion of its vouchers and related budget authority to a public housing agency
that administers a program under this subsection in another jurisdiction in the
same or contiguous metropolitan area or county. The Secretary shall encourage
such voluntary agreements and promptly execute the necessary funding and
contract
modifications.
.
11.
(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)
(I)The Secretary shall
monitor rent burdens and submit a report to Congress annually on the percentage
of families assisted under this subsection, occupying dwelling units of each
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. In implementing the requirements of this clause, the
Secretary shall distinguish excessive rent burdens that result solely from the
methods of determining a family’s rent contribution under section (3)(A)(3) or
clauses (ii) or (iii) of paragraph (2)(A) of this subsection.
(II)Each public housing agency shall make publicly
available the information on rent burdens provided by the Secretary pursuant to
subclause (I), and, for agencies located in metropolitan areas, the information
on concentration provided by the Secretary pursuant to clause (ii).
(ii)The Secretary shall submit a report to Congress annually
on the degree to which families of particular racial and ethnic groups assisted
under this subsection in each metropolitan area are clustered in higher poverty
areas, 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 responsibilitiesIf a
public housing agency has a high degree of concentration of families of
particular racial and ethnic groups clustered in a higher poverty area or if
such agency has more than 5 percent of families residing in units assisted
under this subsection who pay more than 40 percent of their adjusted incomes
for rent—
(I)the public
housing agency shall adjust its payment standard or explain its reasons for not
making such adjustment; and
(II)the Secretary may not deny the request of
the public housing agency to set a payment standard up to 120 percent of the
fair market rent to remedy excessive rent burdens or undue concentration of
families assisted under this subsection in lower rent, higher poverty sections
of a metropolitan area, if the public housing agency—
- (aa)has conducted a
thorough review of its payment standards;
- (bb)conducts a
thorough review of its rent reasonableness policies and procedures, and
properly conducts a review of its rent reasonableness on an ongoing
basis;
- (cc)has conducted
outreach to landlords in all areas within the service area of the public
housing agency;
- (dd)provides search
assistance to such families, if undue concentration is the reason for the
adjustment of the payment standard;
- (ee)has completed a
review of utility allowances and burdens on such families; and
- (ff)the public
housing agency has, for the previous 6-month period, had its payment standards
set at 110 percent of the fair market
rent.
.
(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) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(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”.
(d)Rent burdens
for voucher holders in Low-Income Housing Tax Credit
unitsSection 8(o)(10)(A) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(10)(A)) is amended by inserting before the period the
following: “, except that in a unit receiving tax credits under section 42 of
the Internal Revenue Code or assistance under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing Act for which a housing
assistance contract not subject to paragraph (13) is established—
(i)no comparison
with rent for units in the private, unassisted local market shall be required
if the rent is at or below the rent for other comparable units receiving such
tax credits or assistance in the project that are not occupied by tenant-based
voucher holders; and
(ii)the rent shall
not be considered reasonable if it exceeds the higher of (I) the rents charged
for other comparable units receiving such tax credits or assistance in the
project that are not occupied by tenant-based voucher holders and (II) the
payment standard established by the public housing agency for a unit of the
particular
size.
.
12.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)county or in the case of a county
that includes a metropolitan city specified in subclause (I), for the remainder
of that county located outside the boundaries of such metropolitan city.
The requirement under subclause (II) shall not apply
to any counties wholly within a metropolitan city specified in subclause (I) or
any counties in the following States: Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, or Vermont.(iii)Notwithstanding clause (ii), the
Secretary may establish minimum fair market rents within each State to ensure
that fair market rents in a State are adequate to cover the cost of standard
quality housing in that State.
(iv)The Secretary shall, at the request
of 1 or more public housing agency, establish a separate market area for part
or all of the area under the jurisdiction of such agency, 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.(v)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
.
13.Subparagraph (B) of
section 8(o)(6) of the United States Housing Act of 1937 (1437f(o)(6)(B)) is
amended—
(1)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. The requirements
of the prior sentence shall not limit the ability of a public housing agency to
deny assistance based on the applicant's criminal background or any other
permissible grounds for denial under 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), subject to the
procedural requirements of this section. 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 conduct that is the basis of such
consideration.
; and
(2)by adding at the
end the following: Public housing tenants requesting tenant-based
voucher assistance under this subsection to relocate from public housing as a
result of the demolition or disposition of public housing shall not be
considered new applicants under this paragraph and shall not be subject to
elective screening by the public housing agency.
.
14.
(a)Section 8(t)(1) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(t)(1)) is
amended—
(1)in the matter
preceding subparagraph (A), by inserting and shall not require that the
family requalify under the selection standards for a public housing agency in
order to be eligible for such assistance
after subsection
(o)
; and
(2)by amending
subparagraph (B) to read as follows:
(B)(i)the assisted family may
elect to remain in the same project in which the family was residing on the
date of the eligibility event for the project regardless of unit and family
size standards normally used by the administering public housing agency (except
that tenants may be required to move to units of appropriate size if available
on the premises), and the owner of the unit shall accept the enhanced voucher
and terminate the tenancy only for serious or repeated violation of the terms
and conditions of the lease or for violation of applicable law; and
(ii)if, during any period the family
makes such an election and continues to so reside, the rent for the dwelling
unit of the family in such project exceeds the applicable payment standard
established pursuant to subsection (o) for the unit, the amount of rental
assistance provided on behalf of the family shall be determined using a payment
standard that is equal to the rent for the dwelling unit (as such rent may be
increased from time-to-time), subject to paragraph (10)(A) of subsection (o)
and any other reasonable limit prescribed by the Secretary, except that a limit
shall not be considered reasonable for purposes of this subparagraph if it
adversely affects such assisted
families;
.
(b)Not
later than 6 months after the date of enactment of this Act, the Secretary of
Housing and Urban Development shall promulgate regulations implementing the
amendments made by subsection (a).
15.Project-based
preservation vouchers
(a)Section 8(t) of the United States Housing Act of 1937
(42 U.S.C. 1437(t)(1)) is amended by adding at the end the following new
paragraph:
(5)Authorization
of preservation project-based voucher assistance in lieu of enhanced voucher
assistanceNotwithstanding any other provision of law,
preservation project-based voucher assistance may be provided pursuant to
subsection (o)(13)(Q) in lieu of enhanced voucher assistance at the request of
the owner of the multifamily housing project, subject to the determinations of
the public housing agency pursuant to clause (ii) of subsection (o)(13)(Q).
Preservation project-based voucher assistance provided pursuant to subsection
(o)(13)(Q) in lieu of enhanced voucher assistance shall be subject to the
provisions of subsection (o)(13)(Q) and shall not be subject to the provisions
of this
subsection.
.
(b)PHA
project-based assistanceSection 8(o)(13) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) is amended by adding at the end
the following new subparagraph:
(Q)Preservation
project-based voucher assistance
(i)The Secretary is authorized to provide assistance under
this paragraph in lieu of enhanced voucher assistance under subsection (t) to a
public housing agency that enters into a contract with an owner of a
multifamily housing project upon the occurrence of an eligibility event with
respect to the project as defined in subsection (t)(2). All owners of projects
for which enhanced voucher assistance would otherwise be provided may request
and receive a contract for preservation project-based voucher assistance at the
project in lieu of enhanced voucher assistance upon the occurrence of an
eligibility event with respect to the project, subject to the determinations of
the public housing agency in clause (ii). The contract shall cover all of the
units in the project for which enhanced voucher assistance would otherwise be
provided under subsection (t).
(ii)Public housing
agency determinationsPrior to entering into a contract pursuant
to this subparagraph, the public housing agency shall have determined that (I)
the housing to be assisted hereunder is economically viable, and that (II)
there is significant demand for the housing, or the housing will contribute to
a concerted community revitalization plan or to the goal of deconcentrating
poverty and expanding housing and economic opportunities, or the continued
affordability of the housing otherwise is an important asset to the community.
The determinations of the public housing agency required in the previous
sentence shall be in lieu of meeting the requirements of subparagraph
(C).
(iii)Funding provided for preservation project-based voucher
assistance pursuant to this subparagraph shall be disregarded for the purpose
of calculating the limitation on attaching funding to structures otherwise
applicable to public housing agency project-based assistance pursuant to
subparagraph (B). Assistance under this subparagraph shall not be subject to
the requirements of subparagraph (D).
(iv)Notwithstanding
any other provision of law, each family residing in a project on the date of
the eligibility event that would otherwise be eligible for enhanced voucher
assistance under subsection (t) shall be eligible for preservation
project-based voucher assistance under this
subparagraph.
.
16.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 the 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.
17.Study to
identify obstacles to using vouchers in federally subsidized housing
projects
(a)The
Comptroller General of the United States shall conduct a study of (1) the
housing voucher program authorized under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)), and (2) other federally subsidized
housing programs, to determine whether any statutory, regulatory, or
administrative provisions of the housing voucher program or of other federally
subsidized housing programs, or policies and practices of housing owners or
public housing agencies or other agencies, may have the effect of making
occupancy by voucher holders in federally subsidized housing projects more
difficult to obtain than occupancy by non-voucher holders. In conducting the
study required under this subsection the Comptroller General shall determine if
any gaps exist in the statute, regulations, or administration of the housing
voucher program or of other federally subsidized housing programs and policies
and practices of housing owners or public housing agencies or other agencies
that, if addressed, could eliminate or reduce obstacles to voucher holders in
seeking occupancy in federally subsidized housing projects. Such study shall
include data on the use of housing vouchers in federally subsidized housing
projects.
(b)As
used in this section, the term federally subsidized housing
projects
includes projects assisted pursuant to the HOME investment
partnerships program under title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.) and those projects receiving
the benefit of low-income housing credits under section 42 of the Internal
Revenue Code of 1986 (26 U.S.C. 42).
(c)Not
later than 6 months after the date of enactment of this Act, the Comptroller
General shall report to Congress the findings from the study required under
subsection (a) and any recommendations for statutory, regulatory, or
administrative changes.
18.Collection of
data on tenants in projects receiving tax creditsTitle 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.Collection of
data on tenants in projects receiving tax credits
(a)State agencies administering credits under section 42 of
the Internal Revenue Code shall furnish to the Secretary of Housing and Urban
Development, not less than annually, data concerning the race, ethnicity,
family composition, age, income, use of rental assistance under section 8(o) of
the United States Housing Act of 1937 or other similar assistance, disability
status, and monthly rental payments of households residing in each property
receiving such credits. State agencies shall, to the extent feasible, collect
such data through existing reporting processes and in a manner that minimizes
burdens on property owners. In the case of a household continuing to reside in
the same unit, such data may rely on information provided by the household in a
previous year for categories of information that are not subject to change or
if information for the current year is not readily available to the owner of
the property.
(b)Standards and
definitionsThe Secretary of Housing and Urban Development
shall—
(1)by rule,
establish standards and definitions for the data collected under subsection
(a);
(2)provide States
with technical assistance in establishing systems to compile and submit such
data; and
(3)in coordination
with other Federal agencies administering housing programs, establish
procedures to minimize duplicative reporting requirements for properties
assisted under multiple housing programs.
(c)Public
availability of reportsThe Secretary of Housing and Urban
Development shall compile and make publicly available not less than annually
the data furnished by State agencies under subsection (a).
(d)Authorization
of appropriationsThere are authorized to be appropriated
$2,500,000 for fiscal year 2009 and $900,000 for each of the fiscal years 2010
to 2013 to cover the cost of the activities required under subsections (b) and
(c).
.
19.Agency
authority for utility payments in certain circumstancesSection 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:
(23)Authority of
public housing agencies to make direct payments for utilities when owner fails
to pay
(A)If the owner has failed to pay for utilities that are the
responsibility of the owner under the lease or applicable law, the public
housing agency is authorized to utilize subsidy payments otherwise due the
owner to pay for continued utility service to avoid hardship to program
participants.
(B)Before
making utility payments as described in subparagraph (A), the public housing
agency shall take reasonable steps to notify the owner that it intends to make
payments to a utility provider in lieu of payments to the owner, except prior
notification shall not be required in any case in which the unit will be or has
been rendered uninhabitable due to the termination or threat of termination of
service, in which case the public housing agency shall notify the owner within
a reasonable time after making such
payment.
.
20.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 Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the House of
Representatives, 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 Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial Services of the
House of Representatives.
21.Authorization of
appropriationsThere is
authorized to be appropriated the amount necessary for each of fiscal years
2009 through 2013 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. A preference for allocation of such incremental
tenant-based assistance, as part of the competitive process required by section
213(d) of the Housing and Community Development Act of 1974 (42 U.S.C.
1439(d)), is to be given to (1) preserving affordable housing, including State
public housing, and other housing that needs operating support in order to
remain affordable, and (2) entities that are providing voucher assistance on a
regional basis.
22.
(a)Except as otherwise
specifically provided in this Act, this Act and the amendments made by this
Act, shall take effect on January 1, 2009.
(b)
(1)Sections 3, 4, and 12 of this Act, and the amendments
made by such sections, shall take effect beginning of the first day of fiscal
year 2010, and shall apply to each fiscal year thereafter.
(2)Beginning on the date of enactment of this Act,
public housing agencies and owners of dwelling units assisted under title I of
the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) shall notify
tenants as soon as possible of the—
(A)major changes
made by the amendments in sections 3 and 4, and how such changes affect the
current tenants occupying such units; and
(B)potential effects
of such changes on current tenants in general.