1.Short title and table of
contents
(a)This Act may be cited
as the Section 8 Voucher Reform Act of
2009
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title and 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. PHA reporting of rent payments to
credit reporting agencies.
Sec. 10. Performance assessments.
Sec. 11. PHA project-based
assistance.
Sec. 12. Rent burdens.
Sec. 13. Establishment of fair market
rent.
Sec. 14. Screening of applicants.
Sec. 15. Prohibition on firearms restrictions
in federally assisted housing.
Sec. 16. Enhanced vouchers.
Sec. 17. Demonstration program waiver
authority.
Sec. 18. Authorization of
appropriations.
Sec. 19. Agency authority for utility payments
in certain circumstances.
Sec. 20. Utility data.
Sec. 21. Project-based preservation
vouchers.
Sec. 22. Effect of foreclosure on section 8
tenancies.
Sec. 23. Study to identify obstacles to using
vouchers in federally subsidized housing projects.
Sec. 24. Interagency Council on
Homelessness.
Sec. 25. Study of effects of section 8 program
on HUD budget and programs.
Sec. 26. Housing innovation
program.
Sec. 27. Study of use of income databases to
reduce subsidy errors.
Sec. 28. Acceptable identification
requirement.
Sec. 29. Effective date.
2.Inspection of dwelling
unitsSection 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, as such conditions are established by the Secretary. 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)Use of alternative
inspection method for interim periodIn the case of any property that within the
previous 12 months has met the requirements of an inspection that qualifies as
an alternative inspection method pursuant to subparagraph (E), a public housing
agency may authorize occupancy before the inspection under clause (i) has been
completed, and may make assistance payments retroactive to the beginning of the
lease term after the unit has been determined pursuant to an inspection under
clause (i) to meet the housing quality standards under subparagraph
(B).
;
(2)by redesignating
subparagraph (E) as subparagraph (H); and
(3)by striking subparagraph
(D) and inserting the following new subparagraphs:
(D)
(i)Each public housing agency providing
assistance under this subsection (or other entity, as provided in paragraph
(11)) shall, for each assisted dwelling unit, make inspections not less often
than biennially during the term of the housing assistance payments contract for
the unit to determine whether the unit is maintained in accordance with the
requirements under subparagraph (A).
(ii)Use of alternative
inspection methodThe requirement under clause (i) may be
complied with by use of inspections that qualify as an alternative inspection
method pursuant to subparagraph (E).
(iii)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).
(E)Alternative inspection
methodAn inspection of a property shall qualify as an
alternative inspection method for purposes of this subparagraph if—
(i)the inspection was
conducted pursuant to requirements under a Federal, State, or local housing
assistance program (including the HOME investment partnerships program under
title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12721 et seq.) and the low-income housing tax credit program 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).
(F)Upon notification to the public housing agency, by a
family on whose behalf tenant-based rental assistance is provided under this
subsection or by a government official, that the dwelling unit for which such
assistance is provided does not comply with the housing quality standards under
subparagraph (B), the agency shall inspect the dwelling unit—
(i)in the case of any
condition that is life-threatening, within 24 hours after receipt of such
notice; and
(ii)in the case of any
condition that is not life-threatening, within 15 days after receipt of such
notice.
(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 subparagraphs (D) and (F), to be in noncompliance with the housing
quality standards under subparagraph (B) if—
(I)the public housing agency
or an inspector authorized by the State or unit of local government determines
upon inspection of the unit that the unit fails to comply with such
standards;
(II)the agency or inspector
notifies the owner of the unit in writing of such failure to comply; and
(III)the failure to comply
is not corrected—
- (aa)in the case of any such
failure that is a result of life-threatening conditions, within 24 hours after
such notice has been provided; and
- (bb)in the case of any such
failure that is a result of non-life threatening conditions, within 30 days
after such notice has been provided or such other reasonable longer period as
the public housing agency may establish.
(ii)Withholding of
assistance amounts during correctionThe public housing agency
may withhold assistance amounts under this subsection with respect to a
dwelling unit that does not comply with housing quality standards under
subparagraph (B) as determined pursuant to an inspection conducted under
subparagraph (D) or (F). If the unit is brought into compliance with such
housing quality standards during the periods referred to in clause (i)(III),
the public housing agency shall recommence assistance payments and may use any
amounts withheld during the correction period to make assistance payments
relating to the period during which payments were withheld.
(iii)Abatement of
assistance amountsThe public
housing agency shall abate all of the assistance amounts under this subsection
with respect to a dwelling unit that is determined, pursuant to clause (i) of
this subparagraph, to be in noncompliance with housing quality standards under
subparagraph (B). Upon completion of repairs by the public housing agency or
the owner sufficient so that the dwelling unit complies with such housing
quality standards, the agency shall recommence payments under the housing
assistance payments contract to the owner of the dwelling unit.
(iv)Use of abated
assistance to pay for repairs
(I)The public housing agency may use such
amounts abated to make repairs to the dwelling unit or to contract to have
repairs made, except that a contract to make repairs may not be entered into
with the inspector for the dwelling unit referred to in clause (i)(I).
(II)For purposes of this clause, abated amounts may include
amounts withheld during the correction period described in clause (ii) of this
subparagraph with respect to a dwelling unit that is subsequently determined
under clause (i) to be in noncompliance with housing quality standards.
(III)Limitation of
liability of public housing agenciesA public housing agency that
uses its authority under this clause shall not, if the agency accomplishes the
work through a contractor that is licensed, bonded, and insured in amounts and
with coverage as required by the Secretary, be liable for any injury or damages
that may result to persons or to any property owned by the tenant or
owner.
(v)If
a public housing agency providing assistance under this subsection abates
rental assistance payments pursuant to clause (iii) with respect to a dwelling
unit, the agency shall, upon commencement of such abatement—
(I)notify the tenant and the
owner of the dwelling unit that—
- (aa)such abatement has
commenced; and
- (bb)if the dwelling unit is
not brought into compliance with housing quality standards within 60 days after
the effective date of the determination of noncompliance under clause (i) or
such reasonable longer period as the agency may establish, the tenant will have
to move; and
(II)issue the tenant the
necessary forms to allow the tenant to move to another dwelling unit and
transfer the rental assistance to that unit.
(vi)An owner of a
dwelling unit may not terminate the tenancy of any tenant because of the
withholding or abatement of assistance pursuant to this subparagraph. During
the period that assistance is abated pursuant to this subparagraph, the tenant
may terminate the tenancy by notifying the owner.
(vii)Termination of lease
or assistance payments contractIf assistance amounts under this section
for a dwelling unit are abated pursuant to clause (iii) and the owner does not
correct the noncompliance within 60 days after the effective date of the
determination of noncompliance under clause (i), or such other reasonable
longer period as the public housing agency may establish, and the agency does
not use its authority under clause (iv), the agency shall terminate the housing
assistance payments contract for the dwelling unit.
(viii)
(I)The agency shall provide the family residing in such a
dwelling unit a period of 90 days or such longer period as is necessary to
lease a new unit, beginning upon termination of the contract, to lease a new
residence with tenant-based rental assistance under this section.
(II)Availability of public
housing unitsIf the family is unable to lease such a new
residence during such period, the public housing agency shall, at the option of
the family, provide such family a preference for occupancy in a dwelling unit
of public housing that is owned or operated by the agency that first becomes
available for occupancy after the expiration of such period.
(III)Assistance in finding
unitThe public housing agency shall provide reasonable
assistance to the family in finding a new residence, including use of up to two
months of any assistance amounts abated pursuant to clause (iii) for costs
directly associated with relocation of the family to a new residence, which may
include moving expenses and security deposits. The agency may require that a
family receiving assistance for a security deposit shall remit, to the extent
of such assistance, the amount of any security deposit refunds made by the
owner of the dwelling unit for which the lease was terminated.
(ix)If a public housing agency determines that any damage to
a dwelling unit that results in a failure of the dwelling unit to comply with
housing quality standards under subparagraph (B), other than any damage
resulting from ordinary use, was caused by the tenant, any member of the
tenant’s household, or any guest or other person under the tenant’s control,
the agency may waive the applicability of this subparagraph, except that this
clause shall not exonerate a tenant from any liability otherwise existing under
applicable law for damages to the premises caused by such tenant.
(x)This
subparagraph shall apply to any dwelling unit for which a housing assistance
payments contract is entered into or renewed after the date of the
effectiveness of the regulations implementing this
subparagraph.
.
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) is amended—
(1)in subsection (a)—
(A)in paragraph (1) by
inserting Low-income
occupancy requirement and rental payments.—
after
(1)
;
(B)in paragraph (1)—
(i)by striking
paragraph (2)
and inserting paragraphs (2) and
(3)
; and
(ii)by striking
paragraph (3)
and inserting paragraph (4)
;
(C)in paragraph (2)(A)(i),
by striking paragraph (3)
and inserting paragraph
(4)
;
(D)by redesignating
paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6),
respectively;
(E)by inserting after
paragraph (2) the following new paragraph:
(3)PHA authority to
establish alternative rents
(A)Rent flexibility for
public housingSubject to the requirements under subparagraph
(B), a public housing agency may establish for public housing—
(i)a tenant rent structure
in which—
(I)the public housing agency establishes,
based on the rental value of the unit, as determined by the public housing
agency, a ceiling rent for each dwelling unit that it owns and operates;
and
(II)such ceiling rent is
adjusted periodically on the basis of an inflation index or a recalculation of
the rental value of the unit (which may be recalculated by unit or by
building);
(ii)an income-tiered tenant
rent structure in which the amount of rent a family shall pay is set and
distributed on the basis of broad tiers of income and such tiers and rents are
adjusted on the basis of an annual cost index except that families shall not be
offered a rent lower than the rent corresponding to their income tier;
or
(iii)a tenant rent structure
in which the amount of rent a family shall pay is based on a percentage of
family income, except that lower percentages may apply only with respect to
earned income; such a rent structure may provide for an amount of rent based on
a calculation of earned income that provides for disregard of a higher
percentage or higher dollar amount, or both, than provided for in paragraph
(8)(B).
(B)Notwithstanding
the authority provided under subparagraph (A), the amount paid for rent
(including the amount allowed for tenant-paid utilities) by any family for a
dwelling unit in public housing may not exceed the amount determined under
subsection (a)(1) of this section. The Secretary shall issue regulations and
establish procedures for public housing agency calculations and documentation
as are necessary to ensure compliance with this subparagraph.
(C)Elderly families and
disabled familiesNotwithstanding any other provision of this
Act, this paragraph shall not apply to elderly families and disabled
families.
;
and
(F)by adding at the end the
following new paragraphs:
(7)
(A)Reviews
of family income for purposes of this section shall be made—
(i)in the case of all
families, upon the initial provision of housing assistance for the
family;
(ii)annually thereafter, except as provided in
subparagraph (B)(i);
(iii)upon the request of the
family, at any time the income or deductions (under subsection (b)(5)) of the
family change by an amount that is estimated to result in a decrease of $1,200
(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;
and
(iv)at any time the income or deductions (under
subsection (b)(5)) of the family change by an amount that is estimated to
result in an increase of $1,200 or more in annual adjusted income, except that
any increase in the earned income of a family shall not be considered for
purposes of this clause (except that earned income may be considered if the
increase corresponds to previous decreases under clause (iii)), except that a
public housing agency or owner may elect not to conduct such review in the last
three months of a certification period.
(B)
(i)Self certification and
3-year reviewIn the case of
any family described in clause (ii), after the initial review of the family’s
income pursuant to subparagraph (A)(i), the public housing agency or owner
shall not be required to conduct a review of the family’s income pursuant to
subparagraph (A)(ii) for any year for which such family certifies, in
accordance with such requirements as the Secretary shall establish, that the
income of the family meets the requirements of clause (ii) of this subparagraph
and that the sources of such income have not changed since the previous year,
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 that are of
substantially the same amounts from year to year.
(C)Reviews of family
income for purposes of this section shall be subject to the provisions of
section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988.
(8)
(A)Use of current year
incomeIn determining family
income for initial occupancy or provision of housing assistance pursuant to
clause (i) of paragraph (7)(A) or pursuant to reviews pursuant to clause (iii)
or (iv) of such paragraph, a public housing agency or owner shall use the
income of the family as estimated by the agency or owner for the upcoming
year.
(B)In determining family
income for annual reviews pursuant to paragraph (7)(A)(ii), a public housing
agency or owner shall, except as otherwise provided in this paragraph, use the
income of the family as determined by the agency or owner for the preceding
year, taking into consideration any redetermination of income during such prior
year pursuant to clause (iii) or (iv) of paragraph (7)(A).
(C)Inflationary adjustment
for fixed income families
(i)In any year in which
a public housing agency or owner does not conduct a review of income for any
family described in clause (ii) of paragraph (7)(B) pursuant to the authority
under clause (i) of such paragraph to waive such a review, such family’s prior
year’s income determination shall, subject to clauses (ii) and (iii), be
adjusted by applying an inflationary factor as the Secretary shall, by
regulation, establish.
(ii)Exemption from
adjustmentA public housing agency or owner may exempt from an
adjustment pursuant to clause (i) any income source for which income does not
increase from year to year.
(iii)Applicability of
inflationary factorThe inflationary factor adjustment referred
to in clause (i) shall not be made with respect to the first year after the
year in which housing is occupied or housing assistance is initially provided
for a family.
(D)In determining the
income for any family based on the prior year’s income, with respect to prior
year calculations of income not subject to subparagraph (B), a public housing
agency or owner may make other adjustments as it considers appropriate to
reflect current income.
(E)A public housing
agency or owner may, to the extent such information is available to the public
housing agency or owner, determine the family’s income prior to the application
of any deductions based on timely income determinations made for purposes of
other means-tested Federal public assistance programs (including the program
for block grants to States for temporary assistance for needy families under
part A of title IV of the Social Security Act, a program for Medicaid
assistance under a State plan approved under title XIX of the Social Security
Act, and the food stamp program as defined in section 3(h) of the Food Stamp
Act of 1977). The Secretary shall, in consultation with other appropriate
Federal agencies, develop procedures to enable public housing agencies and
owners to have access to such income determinations made by other means-tested
Federal programs that the Secretary determines to have comparable reliability.
Exchanges of such information shall be subject to the same limitations and
tenant protections provided under section 904 of the Stewart B. McKinney
Homeless Assistance Act Amendments of 1988 (42 U.S.C. 3544) with respect to
information obtained under the requirements of section 303(i) of the Social
Security Act (42 U.S.C. 503(i)).
(F)A public housing
agency or owner may not be considered to fail to comply with this paragraph or
paragraph (7) due solely to any de minimus errors made by the agency or owner
in calculating family
incomes.
;
(2)by striking subsections
(d) and (e); and
(3)by redesignating
subsection (f) as subsection (d).
(b)Section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)) is amended—
(1)by striking paragraph (4)
and inserting the following new paragraph:
(4)The term income means, with
respect to a family, income received from all sources by each member of the
household who is 18 years of age or older or is the head of household or spouse
of the head of the household, plus unearned income by or on behalf of each
dependent who is less than 18 years of age, as determined in accordance with
criteria prescribed by the Secretary, in consultation with the Secretary of
Agriculture, subject to the following requirements:
(A)Such term includes recurring gifts and receipts, actual
income from assets, and profit or loss from a business.
(B)Such term does not include—
(i)any imputed return on
assets;
(ii)any amounts that would be eligible for
exclusion under section 1613(a)(7) of the Social Security Act (42 U.S.C.
1382b(a)(7)); and
(iii)deferred disability
benefits from the Department of Veterans Affairs 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 or vocational training 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)An amount equal to
10 percent of the lesser of—
(i)the family’s earned
income; or
(ii)$9,000, except that such
amount shall be adjusted annually by applying to such amount (as it may have
been previously adjusted) an inflationary factor as the Secretary shall, by
regulation, establish and except that for purposes of adjusted income
determinations each year such amount shall be established by rounding the
amount calculated down to the next lowest multiple of $1,000.
The deduction under this subparagraph
shall not be considered in determining adjusted income for the purposes of
section 16 (relating to eligibility for assisted housing and income
mix).(B)Elderly and disabled
families$725 in the case of
any family that is an elderly family or a disabled family.
(C)In the case of any family that includes a
member or members who—
(i)are less than 18 years of
age or attending school or vocational training on a full-time basis; or
(ii)is a person with disabilities who is 18
years of age or older and resides in the household,
$500 for each such member.(D)The amount, if any, that exceeds 10 percent of annual family
income that is used to pay for unreimbursed child care expenses, which shall
include child care for preschool-age children, for before- and after-care for
children in school, and for other child care 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
may, at its discretion, establish, except that the Secretary shall establish
procedures to ensure that such deductions do not materially increase Federal
expenditures.
The
Secretary shall annually calculate the amounts of the deductions under
subparagraphs (B) and (C), as such amounts may have been previously calculated,
by applying an inflationary factor as the Secretary shall, by regulation,
establish, except that the actual deduction determined for each year shall be
established by rounding such amount to the next lowest multiple of
$25..
(c)Housing choice voucher
programParagraph (5) of section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(5)) is amended—
(1)in the paragraph heading,
by striking Annual
review
and inserting Reviews
;
(2)in subparagraph
(A)—
(A)by striking the
provisions of
and inserting paragraphs (7) and (8) of section
3(a) and to
; and
(B)by striking and
shall be conducted upon the initial provision of housing assistance for the
family and thereafter not less than annually
; and
(3)in subparagraph (B), by
striking the second sentence.
(d)Section 8(t)(1)(D) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t)(1)(D)) is amended by striking income
each place such term appears and inserting annual adjusted
income
.
(e)Paragraph (3) of section 8(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(3)) is amended by striking the last
sentence.
(f)Impact on public
housing revenues
(1)Adjustments to
operating formulaIf the
Secretary of Housing and Urban Development determines that the application of
the amendments made by this section results in a material and disproportionate
reduction in the rental income of certain public housing agencies during the
first year in which the amendments made by this section are implemented, the
Secretary may make appropriate adjustments in the formula income for such year
of those agencies experiencing such a reduction.
(2)HUD reports on revenue
and cost impactIn each of the first two years after the first
year in which the amendments made by this section are implemented, 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 and sections 4 and 5 of this Act on the revenues and costs of
operating public housing units, the voucher program for rental assistance under
section 8 of the United States Housing Act of 1937, and the program under such
section 8 for project-based rental assistance. If such report identifies a
material reduction in the net income of public housing agencies nationwide or a
material increase in the costs of funding the voucher program or the
project-based assistance program, the Secretary shall include in such report
recommendations for legislative changes to reduce or eliminate such a
reduction.
(g)The amendments made by this section shall take effect during
the first calendar year after regulations or notice has been adopted to
implement such amendments, except that the Secretary may delay such effective
date by one year upon a determination that such delay is necessary for public
housing agencies and owners to make the necessary changes to comply with such
amendments.
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, a legal right to reside in, and the effective legal
authority to sell, 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
offering such property for sale.
(2)
(A)For purposes of this
subsection, the term net family assets means, for all members of
the household, the net cash value of all assets after deducting reasonable
costs that would be incurred in disposing of real property, savings, stocks,
bonds, and other forms of capital investment. Such term does not include
interests in Indian trust land, equity accounts in homeownership programs of
the Department of Housing and Urban Development, or Family Self Sufficiency
accounts.
(B)Such
term does not include—
(i)the value of personal
property, except for items of personal property of significant value, as the
Secretary may establish or the public housing agency may determine;
(ii)the value of any
retirement account;
(iii)real property for which
the family does not have the effective legal authority necessary to sell such
property;
(iv)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;
(v)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; and
(vi)such other exclusions as
the Secretary may establish.
(C)In cases in which 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.
(3)
(A)A public housing
agency or owner may determine the net assets of a family, for purposes of this
section, based on a certification by the family that the net assets of such
family do not exceed $50,000.
(B)No current real
property ownershipA public housing agency or owner may determine
compliance with paragraph (1)(B) based on a certification by the family that
such family does not have any current ownership interest in any real property
at the time the agency or owner reviews the family’s income.
(C)The Secretary may develop standardized forms for the
certifications referred to in subparagraphs (A) and (B).
(4)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).
(5)Elderly and disabled
familiesWhen recertifying
the income of an elderly or disabled family residing in a dwelling unit
assisted under this Act, a public housing agency or owner may choose not to
enforce the limitation under paragraph (1) or may establish exceptions to such
limitation based on eligibility criteria, but only pursuant to a policy that is
set forth in the public housing agency plan under section 5A for the agency or
under a policy adopted by the owner. Eligibility criteria for establishing
exceptions may provide for separate treatment for elderly and disabled families
and may be based on different factors, such as age, income, the ability of the
family to find suitable alternative housing, and whether supportive services
are being provided.
(6)Authority to delay
evictionsIn the case of a
family residing in a dwelling unit assisted under this Act who does not comply
with the limitation under paragraph (1), the public housing agency or project
owner may delay eviction or termination of the family based on such
noncompliance for a period of not more than 6
months.
.
(b)The
United States Housing Act of 1937 is amended—
(1)in section 3(a)(1) (42
U.S.C. 1437a(a)(1)), by striking the first sentence and inserting the
following: Dwelling units assisted under this Act may be rented, and
assistance under this Act may be provided, whether initially or at time of
recertification, only to families who are low-income families at the time such
initial or continued assistance, respectively, is provided, except that
families residing in dwelling units as of the date of the enactment of the
Section 8 Voucher Reform Act of 2009 that, under agreements in effect on such
date of enactment, may have incomes up to 95 percent of local area median
income shall continue to be eligible for assistance at recertification as long
as they continue to comply with such income restrictions. When recertifying
family income with respect to families residing in public housing dwelling
units, a public housing agency may, in the discretion of the agency and only
pursuant to a policy that is set forth in the public housing agency plan under
section 5A for the agency, choose not to enforce the prohibition under the
preceding sentence. When recertifying family income with respect to families
residing in dwelling units for which project-based assistance is provided, a
project owner may, in the owner’s discretion and only pursuant to a policy
adopted by such owner, choose not to enforce such prohibition. In the case of a
family residing in a dwelling unit assisted under this Act who does not meet
the requirements under the first sentence of this paragraph or the requirements
under 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.
;
(2)in section 8(o)(4) (42
U.S.C. 1437f(o)(4)), by striking the matter preceding subparagraph (A) and
inserting the following:
(4)Assistance under this subsection may be provided,
whether initially or at each recertification, only pursuant to subsection (t)
to a family eligible for assistance under such subsection or to a family who at
the time of such initial or continued assistance, respectively, is a low-income
family that is—
;
and
(3)in section 8(c)(4) (42 U.S.C. 1437f(c)(4)),
by striking at the time it initially occupied such dwelling unit
and inserting according to the restrictions under section
3(a)(1)
.
5.Targeting assistance to
low-income working families
(a)Section 16(b)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437n(b)(1)) is amended—
(1)by inserting after
do not exceed
the following: the higher of (A) the
poverty line (as such term is defined in section 673 of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902), including any revision required by
such section) applicable to a family of the size involved, or (B)
;
and
(2)by inserting before the
period at the end the following: ; and except that clause (A) of this
sentence shall not apply in the case of 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 projects located in Puerto Rico or any
other territory or possession of the United States
.
(c)Project-based section 8
assistanceSection 16(c)(3)
of the United States Housing Act of 1937 (42 U.S.C. 1437n(c)(3)) is
amended—
(1)by inserting after
do not exceed
the following: the higher of (A) the
poverty line (as such term is defined in section 673 of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902), including any revision required by
such section) applicable to a family of the size involved, or (B)
;
and
(2)by inserting before the
period at the end the following: ; and except that clause (A) of this
sentence shall not apply in the case of 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 2010 through 2014, 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)conversion of section 23
projects to assistance under this section;
(ii)the family unification
program under subsection (x) of this section;
(iii)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;
(iv)enhanced vouchers
authorized under subsection (t) of this section;
(v)relocation or replacement
in connection with the HOPE VI program under section 24;
(vi)demolition or
disposition of public housing units pursuant to section 18 of the United States
Housing Act of 1937 (42 U.S.C. 1437p);
(vii)mandatory conversions
of public housing to vouchers, pursuant to section 33 of the United States
Housing Act of 1937, respectively (42 U.S.C. 1437z–5);
(viii)voluntary conversions of public housing to
vouchers, pursuant to section 22 of the United States Housing Act of 1937,
respectively (42 U.S.C. 1437t);
(ix)vouchers necessary to
comply with a consent decree or court order;
(x)tenant protection vouchers in connection
with dwelling units that cease to receive project-based assistance under
subsection (b), (c), (d), (e), or (v) of this section;
(xi)relocation and
replacement vouchers in connection with public housing units that are
demolished or disposed of pursuant to eminent domain, pursuant to a
homeownership program, or in connection with a mixed finance development method
under section 35 or otherwise;
(xii)vouchers used for the
preservation of public housing units not included in the operating formula
under section 9(e)(2) of the United States Housing Act of 1937 (42 U.S.C.
1437g(e)(2));
(xiii)emergency voucher
assistance for the protection of victims of domestic violence, dating violence,
sexual assault, or stalking;
(xiv)tenant protection
vouchers in connection with the foreclosure or disposition of multifamily
housing subject to a mortgage insured and subsidized under the National Housing
Act; and
(xv)tenant protection
assistance, including replacement and relocation assistance.
Subject only to the availability of
sufficient amounts provided in appropriation Acts, the Secretary shall provide
tenant-based rental assistance in connection with all dwelling units that cease
to be available as assisted housing as a result of clauses (i), (iv), (v),
(vi), (vii), (x), (xi), and (xiv).(2)Allocation of renewal
funding among public housing agencies
(A)From amounts appropriated
for each year pursuant to paragraph (1)(A), the Secretary shall provide renewal
funding for each public housing agency—
(i)based on leasing and cost data from the
preceding calendar year, as adjusted by an annual adjustment factor to be
established by the Secretary, which shall be established using the smallest
geographical areas for which data on changes in rental costs are annually
available;
(ii)by making any adjustments necessary to
provide for the first-time renewal of vouchers funded under paragraph (1)(B)
and of any incremental vouchers funded in previous years;
(iii)by making any adjustments necessary for
full year funding of vouchers moved into and out of the jurisdiction of the
public housing agency in the prior calendar year pursuant to 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 utilize a leasing rate in excess of 103 percent of the
leasing rate in the year preceding such prior year (after making appropriate
adjustments for incremental and new enhanced vouchers) which results from the
use of accumulated amounts, as referred to in the last sentence of paragraph
(4)(A).
(D)Moving to work; housing
innovation programNotwithstanding subparagraphs (A) and (B),
each public housing agency participating in any year in the moving to work
program or the housing innovation program under section 37 of this Act shall be
funded pursuant to its agreement under such program and shall be subject to any
pro rata adjustment made under subparagraph (F)(i).
(E)Unreimbursed
portability costsThe Secretary may reimburse public housing
agencies for increased costs related to portability incurred during the prior
year that were not reimbursed pursuant to paragraph (4)(B)(i).
(F)
(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 paragraph
(4)(B).
(G)Prompt funding
allocationThe Secretary
shall allocate all funds under this subsection for each year before the latter
of (i) February 15, or (ii) the expiration of the 45-day period beginning upon
the enactment of the appropriations Act funding such renewals.
(3)
(A)During
the last 3 months of each calendar year, the Secretary shall provide amounts
out of any appropriations made pursuant to 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 two percent of the allocation for
the agency for such calendar year, subject to subparagraph (C).
(B)Amounts
advanced under subparagraph (A) may be used to pay for additional voucher
costs, including costs related to temporary overleasing.
(C)Use of prior year
amountsDuring the last 3 months of a calendar year, if amounts
previously provided to a public housing agency for tenant-based assistance for
such year or for previous years remain unobligated and available to the
agency—
(i)the agency shall exhaust
such amounts to cover any additional voucher costs under subparagraph (B)
before amounts advanced under subparagraph (A) may be so used; and
(ii)the amount that may be advanced under
subparagraph (A) to the agency shall be reduced by an amount equal to the total
of such previously provided and unobligated amounts.
(D)Amounts
advanced under subparagraph (A) in a calendar year shall be repaid to the
Secretary in the subsequent calendar year by offsetting 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 for an amount not less than 6 percent of
such amount allocated to the agency pursuant to paragraph (2) for the preceding
calendar year. Notwithstanding any other provision of law, each public housing
agency may retain all amounts not offset under this subparagraph, and may use
such amounts for all authorized purposes.
(B)Not
later than the latter of April 1 of each calendar year or 75 days after the
enactment of an appropriations Act providing funding for voucher renewal costs,
the Secretary shall, from amounts available pursuant to paragraph (2)(E) and
from any other available amounts appropriated for such purpose—
(i)set aside and
subsequently make available such amounts as the Secretary considers likely to
be needed, when combined with funds from a central fund or any other source of
funds appropriated or made available for such purpose, to reimburse public
housing agencies for increased costs related to portability and family
self-sufficiency activities pursuant to section 23(h) during such year;
and
(ii)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 and the relative need for additional voucher assistance
for use only to increase voucher leasing
rates.
.
(b)The
Secretary of Housing and Urban Development shall, not later than the expiration
of the 6-month period beginning on the date of the enactment of this Act, issue
a proposed rule for comment to modify the regulations governing the
responsibilities of public housing agencies in cases in which families assisted
with tenant-based assistance under section 8 of the United States Housing Act
of 1937 exercise their right to move to a different jurisdiction under the
Secretary’s regulations regarding portability procedures (24 C.F.R. 982.355),
to eliminate, or minimize to the greatest extent feasible consistent with
available funding, billing between agencies and administrative barriers to
families’ choices of where to reside, without undermining the ability of public
housing agencies to serve their waiting lists. The Secretary shall finalize
regulations modifying such portability procedures in accordance with this
subsection not later than the expiration of the 12-month period beginning upon
the date of the enactment of this Act.
(c)Vouchers for persons
with disabilities and homeless veteransThe Secretary of Housing and Urban
Development shall develop and issue, to public housing agencies that have
received voucher assistance under section 8(o) for non-elderly disabled
families, or under section 8(o)(19) for homeless veterans, pursuant to
appropriations Acts for fiscal year 1997 and fiscal years thereafter, guidance
to ensure that, to the maximum extent practicable, such vouchers continue to be
provided upon turnover to qualified non-elderly disabled families or homeless
veterans, respectively.
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 striking subparagraphs
(B) and (C) and inserting the following new subparagraphs:
(B)The
fee under this subsection shall—
(i)be payable to each public
housing agency for each month for which a dwelling unit is covered by an
assistance contract;
(ii)be based on a per-unit fee, which shall be
based on the per-unit fee payable to the agency in fiscal year 2003 and updated
for each subsequent year as specified in subsection (iv), or on such formula
which the Secretary may, by regulation, establish using a per-unit fee
structure which shall provide for the payment of the full cost of administering
vouchers, and which may include performance incentives consistent with
subsection (o)(21);
(iii)include an amount for
the cost of issuing a voucher to new participants;
(iv)be updated each year
using an index of changes in wage and benefit 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 inserting the following new subparagraph;
(E)Fee for agency-owned
unitsThe Secretary shall
establish a fee for dwelling units owned by a public housing agency that
reflects reasonable costs of administration, which shall take into
consideration the third-party inspection and rent determination expenses
incurred in compliance with the requirements of subsection
(o)(11).
;
and
(2)in paragraph (4), by
striking 1999
and inserting 2010
.
(b)Administrative fees for
family self-sufficiency program costsSubsection (h) of section
23 of the United States Housing Act of 1937 (42 U.S.C. 1437u(h)) is amended by
striking paragraph (1) and inserting the following new paragraph:
(1)
(A)The Secretary shall establish a fee under section 8(q)
for the costs incurred in administering the self-sufficiency program under this
section to assist families receiving voucher assistance through section
8(o).
(B)The fee shall provide
funding for family self-sufficiency coordinators as follows:
(i)A public housing agency serving 25 or more participants in
the family self-sufficiency program under this section shall receive a fee
equal to the costs of employing one full-time family self-sufficiency
coordinator. An agency serving fewer than 25 such participants shall receive a
prorated fee.
(ii)An agency that meets minimum performance standards shall
receive an additional fee sufficient to cover the costs of employing a second
family self-sufficiency coordinator if the agency has 75 or more participating
families, and a third such coordinator if it has 125 or more participating
families.
(iii)Previously funded
agenciesAn agency that received funding from the Department of
Housing and Urban Development for more than three such coordinators in any of
fiscal years 1998 through 2009 shall receive funding for the highest number of
coordinators funded in a single fiscal year during that period, provided they
meet applicable size and performance standards.
(iv)For the first year in which a public housing agency
exercises its right to develop an family self-sufficiency program for its
residents, it shall be entitled to funding to cover the costs of up to one
family self-sufficiency coordinator, based on the size specified in its action
plan for such program.
(v)State and regional
agenciesFor purposes of calculating the family self-sufficiency
portion of the administrative fee under this subparagraph, each
administratively distinct part of a State or regional public housing agency
shall be treated as a separate agency.
(vi)Determination of
number of coordinatorsIn
determining whether a public housing agency meets a specific threshold for
funding pursuant to this paragraph, the number of participants being served by
the agency in its family self-sufficiency program shall be considered to be the
average number of families enrolled in such agency’s program during the course
of the most recent fiscal year for which the Department of Housing and Urban
Development has data.
(C)If
insufficient funds are available in any fiscal year to fund all of the
coordinators authorized under this section, the first priority shall be given
to funding one coordinator at each agency with an existing family
self-sufficiency program. The remaining funds shall be prorated based on the
number of remaining coordinators to which each agency is entitled under this
subparagraph.
(D)Any
fees allocated under this subparagraph by the Secretary in a fiscal year that
have not been spent by the end of the subsequent fiscal year shall be
recaptured by the Secretary and shall be available for providing additional
fees pursuant to subparagraph (B)(ii).
(E)Within six months
after the date of the enactment of this paragraph, the Secretary shall publish
a proposed rule specifying the performance standards applicable to funding
under clauses (ii) and (iii) of subparagraph (B). Such standards shall include
requirements applicable to the leveraging of in-kind services and other
resources to support the goals of the family self-sufficiency program.
(F)Public housing agencies receiving funding under this
paragraph shall collect and report to the Secretary, in such manner as the
Secretary shall require, information on the performance of their family
self-sufficiency programs.
(G)The Secretary shall conduct a formal and
scientific evaluation of the effectiveness of well-run family self-sufficiency
programs, comparing outcomes of families participating in such programs with
families who are not, using random assignment of participants to the extent
practicable. Not later than the expiration of the 4-year period beginning upon
the enactment of this paragraph, the Secretary shall submit an interim
evaluation report to the Congress. Not later than the expiration of the 8-year
period beginning upon such enactment, the Secretary shall submit a final
evaluation report to the Congress. There is authorized to be appropriated
$10,000,000 to carry out the evaluation under this subparagraph.
(H)Incentives for
innovation and high performanceThe Secretary may reserve up to
10 percent of the amounts made available for administrative fees under this
paragraph to provide support to or reward family self-sufficiency programs that
are particularly innovative or highly successful in achieving the goals of the
program.
.
(c)Section
202 of the Departments of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1997 (42 U.S.C. 1437f note; Public
Law 104–204; 110 Stat. 2893) is hereby repealed.
8.
(a)Section 8 homeownership
downpayment programSection 8(y)(7) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(y)(7)) is amended by striking subparagraphs (A)
and (B) and inserting the following new subparagraphs:
(A)Subject to the
provisions of this paragraph, in the case of a family on whose behalf rental
assistance under section 8(o) has been provided for a period of not less than
12 months prior to the date of receipt of downpayment assistance under this
paragraph, a public housing agency may, in lieu of providing monthly assistance
payments under this subsection on behalf of a family eligible for such
assistance and at the discretion of the agency, provide a downpayment
assistance grant in accordance with subparagraph (B).
(B)A downpayment assistance grant under this
paragraph—
(i)shall be used by the family only as a
contribution toward the downpayment and reasonable and customary closing costs
required in connection with the purchase of a home;
(ii)shall be in the form of
a single one-time grant; and
(iii)may not exceed
$10,000.
(C)No effect on obtaining
outside sources for downpayment assistanceThis Act may not be
construed to prohibit a public housing agency from providing downpayment
assistance to families from sources other than a grant provided under this Act,
or as determined by the public housing agency.
(D)Counseling and
self-sufficiency programsA
public housing agency may require prepurchase housing counseling or
participation in a self-sufficiency program as a condition of a family
receiving downpayment assistance under this
paragraph.
.
(b)Use of vouchers for
manufactured housingSection
8(o)(12) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(12)) is
amended—
(1)in subparagraph (A), by
striking the period at the end of the first sentence and all that follows
through “of” in the second sentence and inserting “and rents”; and
(2)in subparagraph
(B)—
(A)in clause (i), by
striking the rent
and all that follows and inserting the
following: “rent shall mean the sum of the monthly payments made by a family
assisted under this paragraph to amortize the cost of purchasing the
manufactured home, including any required insurance and property taxes, the
monthly amount allowed for tenant-paid utilities, and the monthly rent charged
for the real property on which the manufactured home is located, including
monthly management and maintenance charges.”;
(B)by striking clause (ii);
and
(C)in clause (iii)—
(i)by inserting after the
period at the end the following: “If the amount of the monthly assistance
payment for a family exceeds the monthly rent charged for the real property on
which the manufactured home is located, including monthly management and
maintenance charges, a public housing agency may pay the remainder to the
family, lender or utility company, or may choose to make a single payment to
the family for the entire monthly assistance amount.”; and
(ii)by redesignating such
clause as clause (ii).
9.PHA reporting of rent
payments to credit reporting agenciesSection 3 of the United States Housing Act
of 1937 (42 U.S.C. 1437a), as amended by the preceding provisions of this Act,
is further amended by adding at the end the following new subsection:
(e)PHA reporting of rent
payments to credit reporting agencies
(1)To the extent that an individual receiving
tenant-based housing choice vouchers under section 8 by a public housing agency
agrees in writing to reporting under this subsection, the public housing agency
may submit to consumer reporting agencies described in section 603(p) of the
Fair Credit Reporting Act (15 U.S.C. 1681a) information regarding the past rent
payment history of the individual with respect to the dwelling unit for which
such assistance is provided.
(2)The
Secretary, after consultation with consumer reporting agencies referred in
paragraph (1), shall establish a system and format to be used by public housing
agencies for reporting of information under such paragraph that provides such
information in a format and manner that is similar to other credit information
submitted to such consumer reporting agencies and is usable by such
agencies.
.
10.Section 8(o) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding
at the end the following new paragraph:
(21)
(A)The
Secretary shall, by regulation, establish standards and procedures for
assessing the performance of public housing agencies in carrying out the
programs for tenant-based rental assistance under this subsection and for
homeownership assistance under subsection (y).
(B)The
standards and procedures under this paragraph shall provide for assessment of
the performance of public housing agencies in the following areas:
(i)Extent to which dwelling
units comply with housing quality standards, including compliance with
inspection requirements.
(ii)Extent of utilization of
assistance amounts provided to the agency and of authorized vouchers, using
appropriate adjustments for vouchers set aside to meet commitments under
paragraph (13).
(iii)Timeliness and accuracy
of reporting by the agency to the Secretary.
(iv)Effectiveness in
carrying out policies that result in deconcentration of poverty and reduction
of racial segregation.
(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, which may only be established by
regulation.
(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)When
implemented, the performance assessment standards and procedures under this
paragraph shall supercede the Section 8 Management Assessment Program of the
Secretary then in
effect.
.
11.PHA project-based
assistanceSection 8(o)(13) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) is
amended—
(1)by striking subparagraph
(B) and inserting the following new subparagraph:
(B)
(i)Subject to clause
(ii), not more than 25 percent of the funding available for tenant-based
assistance under this section that is administered by the agency may be
attached to structures pursuant to this paragraph.
(ii)An
agency may attach up to an additional 5 percent of the funding available for
tenant-based assistance under this section to structures pursuant to this
paragraph for dwelling units that house individuals and families that meet the
definition of homeless under section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302), that provide supportive housing to persons
with disabilities, or that are located in areas where vouchers under this
subsection are difficult to use, as specified in subparagraph (D)(ii)(II). The
Secretary may, by regulation, establish additional categories for the exception
under this clause.
;
(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
exclusively made available for households comprised of elderly families,
disabled families, and families receiving supportive services for special needs
populations, such as individuals who were formerly homeless. For purposes of
the preceding sentence, the term single family properties means
buildings with no more than four dwelling units.
(II)
- (aa)With respect to areas in which fewer than
75 percent of families issued vouchers become participants in the program, the
public housing agency has established the payment standard at 110 percent of
the fair market rent for all census tracts in the area for the previous six
months, 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
; and
- (bb)With respect to census tracts with a
poverty rate of 20 percent or less, clause (i) shall be applied by substituting
50 percent
for 25 percent
and the Secretary may,
by regulation, establish additional
conditions.
;
(3)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
eligible 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 disclose to each applicant all
other options in the selection of a project in which to reside that are
provided by the public housing agency and are 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
(4)by adding at the end the
following new subparagraphs:
(N)Structure owned by
agencyNotwithstanding any
other provision of law, as part of an initiative to improve, develop, or
replace a public housing site, a public housing agency may attach assistance to
an existing, newly constructed, or rehabilitated structure in which the agency
has an ownership interest or which the agency has control of without following
a competitive process, but only if the agency includes such initiative in its
public housing agency plan approved under section 5A and the units that receive
such assistance will not receive assistance under section 9. The preceding
sentence may not be construed to limit the ability of a public housing agency
to attach assistance to structures under other applicable law.
(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. Notwithstanding
any other provision of law, for the term of the contract under this paragraph,
the owner may terminate tenancy only for serious or repeated violations of the
terms and conditions of the lease or for violation of applicable law.
(P)A public housing
agency may, subject to the agreement of the receiving agency, 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
located in the same or a contiguous metropolitan area or county.
(Q)If a dwelling unit assisted under this paragraph also
receives funding from either of the funds established under section 1138 or
1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of
1992 (12 U.S.C. 4568, 4569), the rent for the unit, if agreed upon by both the
public housing agency and the owner, may be established at an amount that is
less than would otherwise be permitted under paragraphs (1)(B) or (10)(A) of
this
section.
.
12.
(a)Section 8(o)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(1)) is amended by striking subparagraph
(E) and inserting the following new subparagraph:
(E)
(i)The Secretary shall
monitor rent burdens and submit a report to the Congress annually on the
percentage of families assisted under this subsection, occupying dwelling units
of any size, that pay more than 30 percent of their adjusted incomes for rent
and such percentage that pay more than 40 percent of their adjusted incomes for
rent. Using information regularly reported by public housing agencies, the
Secretary shall provide public housing agencies, on an annual basis, a report
with the information described in the first sentence of this clause, and may
require a public housing agency to modify a payment standard that results in a
significant percentage of families assisted under this subsection, occupying
dwelling units of any size, paying more than 30 percent of their adjusted
incomes for rent. In implementing the requirements of this clause, the
Secretary shall separate out calculations and consideration of families whose
rent contributions are calculated under section 3(a)(3) and clauses (ii) and
(iii) of paragraph (2)(A) of this subsection.
(ii)The Secretary shall submit a report to the Congress
annually on the degree to which families assisted under this subsection in each
metropolitan area are clustered in lower rent, higher poverty areas, which
shall include reporting of data by race and ethnicity, and how, and the extent
to which, greater geographic distribution of such assisted families could be
achieved, including by increasing payment standards for particular communities
within such metropolitan areas.
(iii)Public housing agency
responsibilitiesEach public
housing agency shall make publicly available the information on rent burdens
provided by the Secretary pursuant to clause (i), and, for agencies located in
metropolitan areas, the information on concentration provided by the Secretary
pursuant to clause (ii). If a public housing agency has a high degree of
concentration of poverty, as determined under a standard to be developed by the
Secretary in accordance with clause (ii), or if the percentage of families
paying more than 40 percent of their adjusted net income exceeds a percentage
level, to be established by the Secretary, the public housing agency shall
adjust the payment standard to eliminate excessive rent burdens within a
reasonable time period or explain its reasons for not making such adjustment.
The Secretary may not deny the request of a public housing agency to set a
payment standard up to 120 percent of the fair market rent to eliminate
excessive rent burdens in accordance with the preceding sentence, except on the
basis that an agency has not demonstrated that its request meets these
criteria. If a request of a public housing agency has not been denied or
approved with 45 days after the request is made, the request shall be
considered to have been
approved.
.
(b)Public housing agency
planSection 5A(d)(4) of the
United States Housing Act of 1937 (42 U.S.C. 1437c–1(d)(4)) is amended by
inserting before the period at the end the following: “, including the report
with respect to the agency furnished by the Secretary pursuant to section
8(o)(1)(E) concerning rent burdens and, if applicable, geographic concentration
of voucher holders, any changes in rent or other policies the public housing
agency is making to address excessive rent burdens or concentration, and if the
public housing agency is not adjusting its payment standard, its reasons for
not doing so”.
(c)Rent burdens for
persons with disabilitiesSubparagraph (D) of section 8(o)(1) is
amended by inserting before the period at the end the following: “, except that
a public housing agency may establish a payment standard of not more than 120
percent of the fair market rent where necessary as a reasonable accommodation
for a person with a disability, without approval of the Secretary. A public
housing agency may seek approval of the Secretary to use a payment standard
greater than 120 percent of the fair market rent as a reasonable accommodation
for a person with a disability. In connection with the use of any increased
payment standard established or approved pursuant to either of the preceding
two sentences as a reasonable accommodation for a person with a disability, the
Secretary may not establish additional requirements regarding the amount of
adjusted income paid by such person for rent”.
13.Establishment of fair
market rent
(a)Paragraph (1) of section 8(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(1)) is amended—
(1)by inserting
(A)
after the paragraph designation;
(2)by striking the seventh,
eighth, and ninth sentences; and
(3)by adding at the end the
following:
(B)(i)The Secretary shall define market areas for
purposes of this paragraph in areas sufficiently distinct as is
necessary—
(I)to establish fair market
rentals that accurately reflect typical rental costs of units suitable for
occupancy by persons assisted under this section in communities in metropolitan
and non-metropolitan areas (including low poverty areas); and
(II)to avoid concentration
of voucher holders;
while taking into consideration the
factors specified in clause (ii).(ii)The
factors specified in this clause are—
(I)the efficient
administration of the program by public housing agencies and the administrative
costs of the Secretary of establishing additional areas;
(II)the availability of data
for a sufficient number of dwelling units to establish accurate fair market
rentals; and
(III)the ability of public
housing agencies to adjust the payment standard to more accurately reflect
typical rental costs.
(iii)The Secretary shall
establish procedures to permit a public housing agency to request the
establishment of a separate market areas for either all or contiguous parts of
the areas under the jurisdiction of such agency. The Secretary shall consider
and approve any such request using the criteria established in clause (i) and
the considerations under clause (ii).
(iv)The Secretary shall not
reduce the fair market rental in a market area as a result of a change in the
percentile of the distribution of market rents used to establish the fair
market rental.
(v)The Secretary shall phase in large
increases or decreases in the fair market rentals that result from changes in
market area boundaries or other methodological changes that do not reflect
actual year-to-year trends in rents by limiting such increases or decreases to
not more than 5 percent each
year.
.
(b)Subparagraph (B) of section 8(o)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(1)(B)) is amended by inserting before
the period at the end the following: , except that no public housing
agency shall be required as a result of a reduction in the fair market rental
to reduce the payment standard applied to a family continuing to reside in a
unit for which the family was receiving assistance under this section at the
time the fair market rental was reduced
.
14.
(a)Subparagraph (B) of
section 8(o)(6) of the United States Housing Act of 1937 (1437f(o)(6)(B)) is
amended—
(1)by striking (B)
Selection of
tenants.—Each
and inserting the following:
(B)
(i)Each
;
(2)in the first sentence, by
striking unit)
and inserting unit
;
(3)by striking In
addition
and inserting the following:
(ii)In
addition
;
(4)by inserting after
establish.
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 preceding sentence shall not limit the ability of a public housing
agency to deny assistance based on an 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
determination, shall be considered.
; and
(5)by adding at the end the
following:
(iii)Existing assisted
familiesFamilies being
provided enhanced vouchers pursuant to subsection (t), families receiving
assistance under this Act that are subsequently provided tenant-based
assistance pursuant to subsection (dd)(1)(B), and families residing in
multifamily housing subject to a mortgage insured under the National Housing
Act that are provided tenant-based assistance pursuant to subsection
(dd)(1)(B)(xiv) of this section shall not be considered new applicants under
this paragraph and shall not be subject to elective re-screening by a public
housing
agency.
.
(b)Subparagraph (E) of
section 8(o)(7) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(7)(E)) is amended by inserting termination or
after
any
the last place such term appears.
(c)Section 576 of the Quality Housing and Work
Responsibility Act of 1998 (42 U.S.C. 13661) is amended—
(1)in subsection (b)—
(A)by striking paragraph
(2);
(B)in paragraph (1)—
(i)in subparagraph (A), by
inserting , based on documented evidence that is credible and
objective,
after determines
;
(ii)in subparagraph (B), by
striking that it has reasonable
and all that follows through
by other residents
and inserting , based on documented
evidence that is credible and objective, is a chronic abuser of alcohol, and
who is not currently participating in a supervised alcohol rehabilitation
program
; and
(iii)by redesignating
subparagraphs (A) and (B) (as so amended) as paragraphs (1) and (2) and
realigning such paragraphs, as so redesignated, so as to be indented 2 ems from
the left margin; and
(C)by striking the
subsection designation and all that follows through
Notwithstanding
in paragraph (1) and inserting the
following:
(b)Ineligibility of
illegal drug users and alcohol abusersNotwithstanding
;
and
(2)in subsection (c)—
(A)in the section heading,
by inserting certain
before criminal
;
(B)in the matter that
precedes paragraph (1)—
(i)by inserting , based on documented
evidence that is credible and objective,
after
determines
;
(ii)by striking a
reasonable time
and inserting the 5-year period
;
and
(iii)by striking or
other criminal activity
;
(C)in paragraph (2), by
striking reasonable
each place such term appears and inserting
5-year
; and
(D)by adding after and below
paragraph (2) the following:
No denial
of admission may be made pursuant to this subsection based on a misdemeanor
charge and conviction unless such denial is based on a pattern of activity, the
commission of any offense against a child (including child pornography
offenses), the commission of any offense involving a child victim, the
commission of a sexual assault, the commission of an assault, or the commission
of violent, disruptive (as such term is defined by the Secretary), or illegal
behavior that interferes with the right to peaceful enjoyment of the premises
by other
residents..
15.Prohibition on firearms
restrictions in federally assisted housingSubtitle F of the Quality Housing and Work
Responsibility Act of 1998 is amended by inserting after section 578 (42 U.S.C.
13663) the following new section:.
578A.Prohibition on
firearms restrictions in federally assisted housingNeither the Secretary of Housing and Urban
Development, nor any public housing agency, nor any owner of federally assisted
housing may establish any prohibition or restriction on the otherwise lawful
possession or use of firearms in federally assisted
housing.
.
16.
(a)Qualification; election
To remain in unitSection
8(t)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)(1)(B)) 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
before the comma; and
(2)by striking subparagraph
(B) and inserting the following new subparagraph:
(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)Provision to residents
of assisted multifamily projects upon termination date
(1)Upon the termination date for each assisted
multifamily housing project, to the extent that amounts for assistance under
this paragraph are provided in advance in appropriation Acts, the Secretary of
Housing and Urban Development shall make enhanced voucher assistance under
section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t))
available on behalf of each family described in paragraph (2).
(2)A
family described in this paragraph is a family who—
(A)(i)is a low-income family;
or
(ii)is a moderate-income
family that is—
(I)an elderly family (as
such term is used in section 3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b));
(II)a disabled family (as
such term is used in section 3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)); or
(III)residing in a
low-vacancy area (as determined by the Secretary); and
(B)on such termination date,
is residing in a dwelling unit of the project that—
(i)immediately before such
termination date was assisted under the multifamily housing subsidy program for
the project; and
(ii)is not assisted after
such termination date under section 8 of such Act.
(3)Section 8(t)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)(2)) is amended by adding after the period at the end the
following new sentence: Such term includes, with respect to an assisted
multifamily housing project (as such term is defined in section 16(b) of the
Section 8 Voucher Reform Act of
2009), the occurrence of the termination date for the
project.
.
(4)For
purposes of this subsection, the following definitions shall apply:
(A)Assisted multifamily
housing propertyThe term assisted multifamily housing
property means a multifamily housing project for which assistance is
provided under a multifamily housing subsidy program.
(B)The term low-income family has the meaning
given such term in section 3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)).
(C)The term moderate-income family has the
meaning given such term in section 229 of the Low-Income Housing Preservation
and Resident Homeownership Act of 1992 (12 U.S.C. 4119).
(D)Multifamily housing
subsidy programThe term multifamily housing subsidy
program means—
(i)the below-market interest
rate mortgage insurance program under section 221(d)(3) of the National Housing
Act (12 U.S.C. 1715l(d)(3)); and
(ii)the program for interest
reduction payments under section 236 of the National Housing Act (12 U.S.C.
1715z–1).
(E)The term termination date means, with respect
to an assisted multifamily housing property, the date that—
(i)the mortgage for the
property that is insured under the below-market interest rate program under
section 221(d)(3) of the National Housing Act, or for which interest reduction
payments are made under section 236 of such Act, matures; and
(ii)the affordability
restrictions applicable to the property because of assistance for the property
pursuant to a multifamily housing subsidy program terminate with respect to the
property.
(5)The
Secretary may issue any regulations necessary to carry out this
subsection.
(c)Provision to certain
assisted housing residents
(1)Enhanced voucher
assistanceNotwithstanding
any other provision of law, contract, or covenant, and subject only to the
availability of amounts provided in advance in appropriation Acts—
(A)upon the expiration, pursuant to
subparagraph (B), of the use restrictions applicable to the covered properties
pursuant to the Emergency Low Income Housing Preservation Act of 1987 (12
U.S.C. 1715l note), each family who is an eligible low-income or moderate
income family, as such terms are used for purposes of section 223(f)(2)(A) of
the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12
U.S.C. 4113(f)(2)(A)), and, as of such expiration, is residing in a dwelling
unit in the covered properties not covered by project-based rental assistance,
shall be offered enhanced voucher assistance under section 8(t) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)), and each such family who
chooses to remain in the covered properties shall have three years from the
date of the issuance of such enhanced voucher to commence use of the
voucher;
(B)such use restrictions
applicable to the covered properties shall be deemed to expire on March 1,
2010, but only if the owner of the covered properties enters into agreements
with the Secretary to maintain the project-based rental assistance for the
properties for a period beginning upon such expiration of not fewer than 20
years; and
(C)the contract rents for dwelling units in
the covered properties covered by project-based rental assistance shall be
determined during the period ending upon the expiration of such use
restrictions pursuant to subparagraph (B) based upon the rents for comparable
unassisted and unrestricted units in the area in which the covered properties
are located; except that before May 1, 2012, the rental assistance payments for
such project-based units in the covered property known as Georgetowne Houses II
shall be restricted to the rent levels provided under the Emergency Low Income
Housing Preservation Act of 1987.
(2)For purposes of
this subsection, the term covered properties
means the housing
developments known as Georgetowne Houses I and II (formerly identified by FHA
project nos. 023-55058 and 023-55179), located in Boston, Massachusetts.
(3)Amounts for the enhanced vouchers pursuant
to this subsection shall be provided under amounts appropriated for
tenant-based rental assistance otherwise authorized under section 8(t) of the
United States Housing Act of 1937.
(4)This
subsection shall take effect upon enactment and nothing in this subsection may
be construed to require any administrative guidance.
17.Demonstration program
waiver authority
(a)Authority To enter into
agreementsNotwithstanding any other provision of law, the
Secretary of Housing and Urban Development may enter into such agreements as
may be necessary with the Social Security Administration and the Secretary of
Health and Human Services to allow for the participation, in any demonstration
program described in subsection (c), by the Department of Housing and Urban
Development and the use under such program of housing choice vouchers under
section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)).
(b)Waiver of income
requirementsThe Secretary of
Housing and Urban Development may, to extent necessary to allow rental
assistance under section 8(o) of the United States Housing Act of 1937 to be
provided on behalf of persons described in subsection (c) who participate in a
demonstration program described in such subsection, and to allow such persons
to be placed on a waiting list for such assistance, partially or wholly
disregard increases in earned income for the purpose of rent calculations under
section 3 for such persons.
(c)A demonstration program described in this subsection is
a demonstration program of a State that provides for persons with significant
disabilities to be employed and continue to receive benefits under programs of
the Department of Health and Human Services and the Social Security
Administration, including the program of supplemental security income benefits
under title XVI of the Social Security Act, disability insurance benefits under
title II of such Act, and the State program for medical assistance (Medicaid)
under title XIX of such Act.
18.Authorization of
appropriationsThere is
authorized to be appropriated for fiscal year 2010 the amount necessary to
provide public housing agencies with incremental assistance under section 8(o)
of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) sufficient to
assist 150,000 incremental dwelling units in such fiscal year, for—
(1)tenant-based assistance;
and
(2)project-based voucher
assistance for extremely low-income families, in conjunction with—
(A)funding from either of the funds
established under section 1138 or 1339 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568, 4569);
(B)low-income housing tax
credits provided under section 42 of the Internal Revenue Code of 1986;
(C)amounts provided under
the community development block grant program under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and the HOME
investment partnerships program under title II of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12721 et seq.); and
(D)State and local
affordable housing funds and programs.
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)), as amended by the preceding provisions of
this Act, is further amended by adding at the end the following new
paragraph:
(22)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.Section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o), as amended by the
preceding provisions of this Act, is further amended by adding at the end the
following new paragraph:
(23)
(A)The Secretary shall regularly publish such
data regarding utility consumption and costs in local areas as the Secretary
determines will be useful for the establishment of allowances for tenant-paid
utilities for families assisted under this subsection.
(B)The Secretary shall establish guidelines providing for the
use of such data in a manner that—
(i)avoids unnecessary
administrative burdens for public housing agencies; and
(ii)protects families in
various unit sizes and building types, and using various utilities, from high
rent and utility cost burdens relative to
income.
.
21.Project-based
preservation vouchers
(a)Section 8(t) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)) is amended—
(1)by redesignating
paragraph (4) as paragraph (5); and
(2)by inserting after
paragraph (3) the following new paragraph:
(4)Preservation
project-based voucher assistanceNotwithstanding any other
provision of law, in the case of a multifamily housing project with respect to
which an eligibility event occurs or has occurred, project-based voucher
assistance may be provided in accordance with subsection (o)(13)(R) in lieu of
enhanced voucher assistance under this subsection. Such project-based voucher
assistance shall not be subject to the provisions of this subsection, except as
otherwise specifically provided in subsection
(o)(13)(R).
.
(b)PHA project-based
voucher assistanceParagraph (13) of section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), as amended by the
preceding provisions of this Act, is further amended by adding at the end the
following new subparagraph:
(R)
(i)Project-based voucher assistance under this
paragraph shall be made available in accordance with this subparagraph for
multifamily housing projects for which an eligibility event (as such term is
defined in subsection (t)) occurs or has occurred and for which enhanced
voucher assistance would otherwise be, or has been, provided under subsection
(t). Any such assistance shall be in lieu of enhanced voucher assistance under
subsection (t) for tenants residing in the project and shall be provided by the
Secretary to a public housing agency.
(ii)If the owner of a
multifamily housing project makes a request for project-based voucher
assistance pursuant to this subparagraph for the project to a public housing
agency that administers a program for assistance under subsection (o) for a
jurisdiction within which the project is located, a contract for assistance
under this subparagraph shall be provided with respect to the project, subject
to clause (v).
(iii)Timing, coverage, and
unit rents
(I)Request made before
eligibility eventIn the case
of a contract for assistance under this subparagraph with respect to a project
that is requested prior to the occurrence of the eligibility event, the
contract for assistance shall be provided, subject to clause (v), upon the
occurrence of the eligibility event. Such contract shall cover all dwelling
units in the project for which enhanced voucher assistance under subsection (t)
would otherwise be provided.
(II)Request made after
issuance of enhanced vouchersIn the case of a contract for
assistance under this subparagraph with respect to a project that is requested
after the issuance of enhanced vouchers under subsection (t) for the project,
the contract shall be provided, subject to clause (v), as soon as possible.
Such contract shall cover all dwelling units in the project that are occupied
by tenants receiving such enhanced voucher assistance at the time the contract
is effective.
(III)Coverage of
additional dwelling unitsAt
the request of the owner of a multifamily housing project for which a contract
for assistance is to be provided under this subparagraph, the public housing
agency may contract with the owner for project-based voucher assistance under
this subparagraph to cover additional dwelling units, if the public housing
agency determines that such additional assistance is necessary or desirable to
further the purposes reflected in clause (v).
(IV)At the request of the
owner of a multifamily housing project for a contract for assistance under this
subparagraph to establish rents at levels above those permitted by subparagraph
(H), a public housing agency that has made the determinations required by
clause (v) may request, and the Secretary may approve, higher unit rents if
necessary to preserve housing opportunities that further the purposes of clause
(v).
(iv)Projects in multiple
PHA jurisdictionsIf the
Secretary has not entered into a contract with a public housing agency to
provide enhanced voucher assistance under subsection (t) for the project at the
time the owner of a multifamily housing project requests assistance under this
subparagraph, and the project is located within the jurisdiction for the
program under subsection (o) of more than one public housing agency, in
determining which agency will administer such assistance, the Secretary
shall—
(I)consider the ratio of the number of
vouchers to be awarded under this subparagraph and of other project-based
vouchers administered under this paragraph to the total number of vouchers
administered by an agency; and
(II)among other factors,
provide preference to an agency for which the total number of project-based
vouchers administered under this paragraph, including vouchers to be awarded
pursuant to this subparagraph, would not exceed 50 percent of the total number
of all vouchers to be administered by the agency after such award.
The
Secretary shall establish guidelines for determining which agency will
administer assistance if a unit is not located within the jurisdiction of any
public housing agency that administers vouchers.(v)As a condition of entering into a contract
pursuant to this subparagraph, the public housing agency shall have determined,
before entering into such contract that—
(I)the housing to be
assisted under the contract is economically viable; and
(II)- (aa)there is a significant
demand for the housing;
- (bb)the housing will
contribute to a community revitalization plan or to deconcentrating poverty and
expanding housing and economic opportunities; or
- (cc)the continued
affordability of the housing otherwise is an important asset to the
community.
(vi)Subparagraph (C) shall not apply to a housing assistance
payment contract pursuant to this subparagraph.
(vii)Disregard of
assistance under percentage limitationAmounts provided pursuant
to this subparagraph shall not be considered for purposes of calculating the
limitation under subparagraph (B).
(viii)Inapplicability of
income-mixing requirementSubparagraph (D) shall not apply with
respect to a housing assistance payments contract pursuant to this
subparagraph.
(ix)Subject
only to clause (iii) and notwithstanding any other provision of law, any family
residing in a multifamily housing project on the date of the eligibility event
for the project who would otherwise be eligible for enhanced voucher assistance
under subsection (t) shall be eligible for project-based voucher assistance
pursuant to this
subparagraph.
.
22.Effect of foreclosure
on section 8 tenancies
(a)Use of rental
assistance amountsSection
8(o)(7) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(7)), as
amended by section 703 of division A of Public Law 111–22 (123 Stat. 1661), is
amended—
(1)in subparagraph (F), by
inserting after occupied unit,
the
following:
and if a public housing agency is
unable to make payments under the contract to the immediate successor in
interest after foreclosure, due to action or inaction by the successor in
interest, including the rejection of payments or the failure of the successor
to maintain the unit in compliance with paragraph (8), or an inability to
identify the successor, the agency may use funds that would have been used to
pay the rental amount on behalf of the family—(i)to pay for utilities that
are the responsibility of the owner under the lease or applicable law, after
taking 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; or
(ii)for the family’s
reasonable moving costs, including security deposit
costs.
;
(2)by striking except
that this provision and the provisions related to foreclosure in subparagraph
(C) shall not
in subparagraph (F) and inserting the following:
The
provisions related to foreclosure in subparagraphs (C) and
(F);
and
(3)in the matter after and
below subparagraph (F), as amended by paragraph (2) of this subsection, by
adding after the period at the end the following: For purposes of
subparagraphs (C) and (F), the term immediate successor in
interest includes a purchaser who purchases a property from an immediate
successor in interest.
.
(b)Section
704 of division A of the Helping Families Save Their Homes Act (42 U.S.C. 1437f
note; Public Law 111–22; 123 Stat. 1662) is amended—
(1)by striking This
title, and any amendments made by this title are
and inserting
Section 702 is
; and
(2)by striking this
title
and inserting such section
.
23.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.
24.Interagency Council
on Homelessness
(a)Section 202(e) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11312), as amended by section 1004 of division B of
Public Law 111–22, is amended by striking Chairman
and inserting
Chairperson
.
(b)Section
203 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313), as amended
by section 1004 of Public Law 111–22, is amended—
(1)in subsection (a)—
(A)by redesignating paragraphs (6) through
(13) as paragraphs (9) through (16), respectively;
(B)in paragraph (1), by
inserting which shall set forth actions to accomplish the goal of ending
homelessness,
after National Strategic Plan to End
Homelessness,
;
(C)in paragraph (3), by
inserting before the semicolon at the end the following: and ensure that
related programs and activities to assist homeless individuals of Federal
agencies are coordinated with each other
; and
(D)by inserting after paragraph (5) the
following new paragraphs:
(6)make recommendations, in the reports
submitted pursuant to subsection (c) on—
(A)long-term goals for the
Congress to reduce homelessness; and
(B)legislative strategies
for the Congress to achieve such goals;
(7)evaluate the Federal role in interacting
and coordinating with State and local entities that address
homelessness;
(8)conduct research and
develop methods—
(A)through consultation with
State and local agencies, to improve coordination between the Council and
Federal agencies in existence upon the date of enactment of the
Interagency Council on Homelessness Reform
Act of 2009 that specifically deal with homelessness; and
(B)to minimize the period
during which individuals remain
homeless;
;
and
(2)in subsection (c), by
adding at the end the following new paragraphs:
(3)The Council shall
prepare and transmit to the President and the Congress a biennial report
detailing the efforts of the Council to address homelessness.
(4)The Council shall make each report submitted to the
Congress pursuant to paragraph (1), (2), or (3) of this subsection, and the
national plan and updates of such plan submitted pursuant to paragraph (1) of
subsection (a), publicly available, including through posting on a World Wide
Web site maintained by the
Council.
.
(c)Authorization of
appropriationsSection 208 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11318), as amended by section 1004 of division B of
Public Law 111–22, is amended by striking fiscal years 2011
and
inserting each of fiscal years 2011 through 2015
.
25.Study of effects of
section 8 program on HUD budget and programsThe Comptroller General of the United States
shall conduct a study to identify and analyze the effects that the rental
assistance program under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) has on the other programs administered by the Secretary of
Housing and Urban Development and on the overall budget for the Department of
Housing and Urban Development. Not later than the expiration of the 6-month
period beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Congress setting forth the results and
conclusions of the study under this section.
26.Housing innovation
program
(a)Title I of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the
end the following new section:
37.Housing innovation
program
(a)The
purpose of this section is to establish a program under which public housing
agencies are given the flexibility to design, and the Secretary is given the
responsibility to evaluate, innovative approaches to providing housing
assistance that—
(1)increase housing
opportunities for low-, very low-, and extremely low-income families, including
preserving, modernizing, rehabilitating, reconfiguring, or replacing public
housing at risk of physical deterioration or obsolescence, developing
additional affordable housing, providing supportive housing, and increasing the
number of families receiving tenant-based rental assistance;
(2)provide financial
incentives and other support mechanisms to families to obtain employment and
increase earned income, and achieve economic self-sufficiency, while protecting
very low- and extremely low-income families from increased rent burdens;
(3)utilize funds in a more
effective or cost-efficient manner, including achieving energy, administrative,
and other cost savings;
(4)leverage other Federal,
State, and local funding sources, including the low-income housing tax credit
program, to expand and preserve affordable housing opportunities, including
public housing;
(5)test alternative
rent-setting policies to determine whether rent determinations can be
simplified and administrative cost savings can be realized while protecting
extremely low- and very low-income families from increased rent burdens;
(6)are subject to rigorous
evaluation to test the effectiveness of such innovative approaches; and
(7)are developed with the
support of the local community and with the substantial participation of
affected residents.
(b)
(1)
(A)Priority strategy
agenciesThe Secretary shall
carry out a housing innovation program under this section under which the
Secretary shall designate such number of public housing agencies, which shall
not exceed 60, to participate in the housing innovation program as may be
necessary, in conjunction with agencies approved for continued program
participation pursuant to subsection (c), to demonstrate the effectiveness of
the priority strategies identified in subsection (d)(2).
(B)Additional program
agenciesThe Secretary shall also designate such number of
additional agencies, which shall not exceed 20, to participate in the program
under the terms of subsection (i) as may be necessary to demonstrate other
innovative strategies as the Secretary or applicants may propose.
(C)Transfer of existing
MTW agenciesThe Secretary shall also approve and transfer into
the program existing MTW agencies pursuant to subsection (c).
(2)The Secretary may carry out the housing
innovation program under this section only during the 10-year period beginning
on the date of the enactment of the Section 8 Voucher Reform Act of
2009.
(c)Participation of
existing MTW agencies
(1)Subject to the
requirements of paragraph (2), all existing MTW agencies shall be designated to
participate in the program.
(2)Conditions of
participationThe Secretary
shall approve and transfer into the housing innovation program under this
section each existing MTW agency that the Secretary determines—
(A)is not in default under
such agreement;
(B)is meeting the goals and
objectives of its moving to work plan; and
(C)with respect to any
agency that has been audited by the Inspector General of the Department of
Housing and Urban Development and that the Inspector General has determined was
not complying with program rules, is currently complying with such rules; the
Secretary shall provide an agency that the Secretary determines is not in
compliance a reasonable period of time to achieve such compliance.
(3)Any agency approved for transfer into the housing
innovation program may, at its option, be subject to the provisions of
subsection (d)(3), in lieu of an agreement currently in place with the
Secretary for participation in the Moving to Work program. Each agency shall,
within two years after the date of the enactment of the Section 8 Voucher
Reform Act of 2009, make changes to its policies that were implemented before
such date of enactment in order to comply with the requirements of this
section. Existing MTW agencies shall not be required to comply with any
requirements under subsection (d).
(d)
(1)Proposals; selection
processIn addition to
agencies participating in the program pursuant to subsection (c), the Secretary
shall, within 12 months after such date of enactment, select public housing
agencies to participate in the program pursuant to a competitive process that
meets the following requirements:
(A)Any public housing agency may be selected
to participate in the program, except that not more than 5 agencies that are
near-troubled under the public housing assessment system and/or section 8
management assessment program may be selected, and except that any agency that
is a troubled agency under either such assessment program or for which the
Secretary has hired an alternative management entity for such agency or has
taken possession of all or any part of such agency’s public housing program
shall not be eligible for participation. Any near-troubled public housing
agency participating in the program shall remain subject to the requirements of
this Act governing tenant rent contributions, eligibility, and continued
participation, and may not adopt policies described in subsection (e)(4)
(relating to rents and requirements for continued occupation and
participation).
(B)The process provides, to the extent
possible based on eligible agencies submitting applications and taking into
account existing MTW agencies participating pursuant to subsection (c), for
representation among agencies selected of agencies having various
characteristics, including both large and small agencies, agencies serving
urban, suburban, and rural areas, and agencies in various geographical regions
throughout the United States, and which may include the selection of agencies
that only administer the voucher program under section 8(o).
(C)Any agency submitting a
proposal under this paragraph shall have provided notice to residents and the
local community, not later than 30 days before the first of the two public
meetings required under subparagraph (D).
(D)The agency submitting a
proposal shall hold two public meetings to receive comments on the agency’s
proposed application, on the implications of changes under the proposal, and
the possible impact on residents.
(E)The process includes
criteria for selection, as follows:
(i)The extent to
which—
(I)if proposal is for the
purpose of carrying out the priority strategy under paragraph (2)(A) of this
subsection, the proposal is likely to achieve the purposes of increasing
housing opportunities for low-, very low-, and extremely low-income families,
including preserving, modernizing, rehabilitating, reconfiguring, or replacing
public housing at risk of physical deterioration or obsolescence, developing
additional affordable housing, providing supportive housing, or increasing the
number of families receiving tenant-based rental assistance, or a combination
of these purposes;
(II)if the proposal is for the purpose of
carrying out the priority strategy under paragraph (2)(B) of this subsection,
the proposal is likely to achieve the purposes of families obtaining
employment, increasing earned income, or achieving economic self-sufficiency,
while protecting extremely low- and very low-income families from increased
rent burdens;
(III)if the proposal is for
the purpose of carrying out an innovative strategy under paragraph (2)(C) of
this subsection, the proposal is likely to utilize funds in a more effective or
cost-efficient manner, including achieving energy, administrative, or other
cost-savings; or
(IV)if the proposal is for
the purpose of carrying out an innovative strategy pursuant to subsection
(b)(1)(B), the proposal is likely to achieve the goals and objectives of such
strategy.
(ii)The extent to which the
proposal generally identifies statutory provisions and existing rules and
regulations that impede achievement of the goals and objectives of the proposal
and an explanation of why a waiver of such statutory provisions, rules, and
regulations is necessary to achieve such goals and objectives.
(iii)The extent to which the
agency has a successful history of implementing or has expertise in strategies
similar to those set forth in the agency’s proposal.
(iv)The extent of commitment
and funding for carrying out the proposal by local and State government
agencies and nonprofit organizations, including the provision of additional
funding and other services, and the extent of support for the proposal by
residents, resident advisory boards, and members of the local community.
(v)Such other factors as the
Secretary may establish, in consultation with participating agencies and
agencies interested in participating in the program, program stakeholders, and
any entity conducting evaluations pursuant to subsection (f).
(2)For purposes of the first sentence of paragraph
(b)(1), the following are priority strategies:
(A)Increasing housing
opportunitiesA strategy of
development of increasing housing opportunities for low-, very low-, and
extremely low-income families, including preserving, modernizing,
rehabilitating, reconfiguring, or replacing public housing at risk of physical
deterioration or obsolescence, developing additional affordable housing,
providing supportive housing, or increasing the number of families receiving
tenant-based rental assistance, or a combination of these purposes, and which
may include leveraging other Federal, State, and local funding sources.
(B)Rent reforms and family
self-sufficiencyA strategy to implement rent reforms and other
self-sufficiency incentives or resources, which shall be designed to help
families obtain employment, increase their earned income, or achieve economic
self-sufficiency, while protecting extremely low- and very low-income families
from increased rent burdens.
(C)A strategy to utilize funds in a more
effective or cost-efficient manner, including achieving energy, administrative,
or other cost-savings.
(3)After selecting
agencies under this subsection, the Secretary shall promptly amend the
applicable annual contributions contracts of such agencies to provide
that—
(A)subject to compliance
with all program rules under this section, such agencies may implement any
policies and activities that are not inconsistent with this section, without
specifying such policies and activities in such amendment and without
negotiating or entering into any other agreements with the Secretary specifying
such policies and activities; and
(B)the policies and
activities to be implemented by an agency under the program in a given year
shall be described in and subject to the requirements of the annual plan under
subsection (e)(11).
(4)Maintaining
participation rateIf, at any time after the initial selection
period under paragraph (1), the number of public housing agencies participating
in the program falls below the number selected pursuant to paragraph (1), the
Secretary shall promptly solicit applications from and select public housing
agencies to participate in the program under the terms and conditions for
application and selection provided in this section to increase the number of
participating agencies to the number initially selected pursuant to paragraph
(1).
(e)
(1)
(A)To carry out a
housing innovation program under this section, the participating agency may use
amounts provided to the agency from the Operating Fund under section 9(e),
amounts provided to the agency from the Capital Fund under section 9(d), and
amounts provided to the agency for voucher assistance under section 8(o). Such
program funds may be used for any activities that are authorized by section
8(o) or 9, or for other activities that are not inconsistent with this section,
which may include, without limitation—
(i)providing capital and
operating assistance, and financing for housing previously developed or
operated pursuant to a contract between the Secretary and such agency;
(ii)the acquisition, new
construction, rehabilitation, financing, and provision of capital or operating
assistance for low-income housing (including housing other than public housing)
and related facilities, which may be for terms exceeding the term of the
program under this section in order to secure other financing for such
housing;
(iii)costs of site
acquisition and improvement, providing utility services, demolition, planning,
and administration of activities under this paragraph;
(iv)housing counseling for
low-income families in connection with rental or homeownership assistance
provided under the program;
(v)safety, security, law
enforcement, and anticrime activities appropriate to protect and support
families assisted under the program;
(vi)tenant-based rental
assistance, which may include the project-basing of such assistance;
(vii)appropriate and
reasonable financial assistance that is required to preserve low-income housing
otherwise assisted under programs administered by the Secretary or under State
or local low-income housing or public housing programs; and
(viii)family
self-sufficiency activities for low-income families in connection with rental
or homeownership assistance provided under the program.
(B)Notwithstanding any other provision of law, a participating
agency may combine and use program funds for any activities authorized under
this section, except that a participating agency may use funds provided for
assistance under section 8(o) for activities other than those authorized under
section 8(o) only if (i) in the calendar year prior to its participation in the
program, the agency utilized not less than 95 percent of such funds allocated
for that calendar year for such authorized activities or 95 percent of its
authorized vouchers; or (ii) after approval to participate in the program, the
agency achieves such utilization for a 12-month period. Such limitation shall
not apply to participating agencies approved by the Secretary to combine funds
from sections 8 and 9 of the Act prior to enactment of this section. A public
housing agency that uses funds provided from assistance under section 8(o) for
activities not authorized under such subsection may not terminate assistance to
families assisted under such subsection on the grounds of inadequate funding to
the extent such inadequacy is caused by such use of funds for purposes not
authorized under section 8(o).
(2)In carrying out the housing innovation program under this
section, each participating agency shall continue to assist—
(A)not less than
substantially the same number of eligible low-income families under the program
as it assisted in the base year for the agency; and
(B)a comparable mix of
families by family size, subject to adjustment to reflect changes in the
agency’s waiting list, except that the Secretary may approve exceptions to such
requirements for up to 3 years based on modernization or redevelopment
activities proposed in an annual plan submitted and approved in accordance with
paragraph (11).
Determinations with respect to the number
of families required to be served shall be adjusted to reflect any allocation
of additional vouchers under section 8(o), any change in annual voucher
proration factor, or such other appropriate adjustments as the Secretary may
establish. For purposes of subparagraphs (A) and (B), the term base
year means, with respect to existing MTW agencies, the first full
calendar year prior to approval for entry into the moving to work
demonstration. The Secretary shall monitor and enforce compliance with the
requirements of subparagraph (A) on an annual basis.(3)Each agency that is approved for program participation
pursuant to subparagraph (A) or (B) of subsection (b)(1) shall comply with all
provisions of this Act except those statutory provisions and existing rules and
regulations generally identified in the application for participation in the
program, except that the Secretary may approve requests by an agency to waive
compliance with other statutes, regulations, and rules pursuant to this Act,
consistent with other program rules, if the Secretary determines that such a
request would further the goals and objectives identified in the application
for participation in the program (taking into consideration public and resident
input pursuant to the procedure under paragraph (4)) or would further the
purposes identified in subparagraphs (B) and (C) of subsection (f)(1).
Notwithstanding any other provision of this section, families receiving
assistance under this section shall retain the same rights of judicial review
of agency action as they would otherwise have had if the agency were not
participating in the program, and each participating agency, including existing
MTW agencies that are approved for transfer into the program pursuant to
subsection (c), shall comply with the following provisions of this Act:
(A)Subsections (a)(2)(A) and
(b)(1) of section 16 (relating to targeting for new admissions in the public
housing and voucher programs).
(B)Section 2(b) (relating to
tenant representatives on the public housing agency board of directors).
(C)Section 3(b)(2) (relating
to definitions for the terms low-income families and very
low-income families).
(D)Section 5(A)(e) (relating
to the formation of and consultation with a resident advisory board).
(E)Sections 6(f)(1) and
8(o)(8)(B) (relating to compliance of units assisted with housing quality
standards or other codes).
(F)Sections 6(c)(3),
6(c)(4)(i), and 8(o)(6)(B) (relating to rights of public housing applicants and
existing procedural rights for applicants under section 8(o)).
(G)Section 6(k) (relating to
grievance procedures for public housing tenants) and comparable procedural
rights for families assisted under section 8(o).
(H)Section 6(l) (relating to
public housing lease requirements), except that for units assisted both with
program funds and low-income housing tax credits, the initial lease term may be
less than 12 months if required to conform lease terms with such tax credit
requirements.
(I)Section 7 (relating to designation of
housing for elderly and disabled households), except that a participating
agency may make such designations (at initial designation or upon renewal) for
a term of up to 5 years if the agency includes in its annual plan under
paragraph (11) an analysis of the impact of such designations on affected
households and such designation is subject to the program evaluation. Any
participating agency with a designated housing plan that was approved under the
moving to work demonstration may continue to operate under the terms of such
plan for a term of 5 years (with an option to renew on the same terms for an
additional 5 years) if it includes in its annual plan an analysis of the impact
of such designations on affected households and is subject to evaluation under
subsection (f).
(J)Subparagraphs (C) through (E) of section
8(o)(7) and section 8(o)(20) (relating to lease requirements and eviction
protections for families assisted with tenant-based assistance).
(K)Section 8(o)(13)(B)
(relating to a percentage limitation on project-based assistance), except that
for purposes of this subparagraph such section shall be applied by substituting
50 percent
for 20 percent
, and all voucher
funding that is used for non-tenant based assistance purposes shall count
towards this calculation.
(L)Section 8(o)(13)(E) (relating to resident
choice for tenants of units with project-based vouchers), except with respect
to—
(i)in the case of agencies
participating in the moving to work demonstration, any housing assistance
payment contract entered into before or within 2 years after the enactment of
this section;
(ii)project-based vouchers
that replace public housing units;
(iii)not more than 10
percent of the vouchers available to the participating agency upon entering the
housing innovation program under this section; and
(iv)any project-based
voucher program that is subject to evaluation under subsection (f).
Notwithstanding the exceptions under this
subparagraph, an agency may not eliminate resident choice under section
8(o)(13)(E) for more than 25 percent of its authorized vouchers.(M)Section 8(r) (relating to
portability of voucher assistance), except that a participating agency may
receive funding for portability obligations under section 8(dd) in the same
manner as other public housing agencies.
(N)Sections 8(ee) and 6(u)
(relating to records, certification and confidentiality regarding domestic
violence).
(O)Subsections (a) and (b)
of section 12 (relating to payment of prevailing wages).
(P)Section 18 (relating to
demolition and disposition of public housing).
(Q)Requirements
regarding—
(i)establishment of resident
councils and jurisdiction-wide resident organizations;
(ii)public housing agency
support for such councils and organizations; and
(iii)involvement of such
councils and organizations in public housing agency operations;.
as
authorized under sections 3(c)(2), 6(c)(5)(C), and 9(e) and implemented by
applicable regulations.(4)Rents and requirements
for continued occupancy or participation
(A)Before adopting any
policy pursuant to participation in the housing innovation program under this
section that would make a material adverse change to the requirements of this
Act regarding tenant rents or contributions, or conditions of continued
occupancy or participation, a participating agency shall complete each of the
following actions:
(i)The agency shall conduct
an impact analysis of the proposed policy on families the agency is assisting
under the program under this section and on applicants on the waiting list,
including analysis of the incidence and severity of rent burdens greater than
30 percent of adjusted income on households of various sizes and types and in
various income tiers, that would result, if any, without application of the
hardship provisions. The analysis with respect to applicants on the waiting
list may be limited to demographic data provided by the applicable consolidated
plan, information provided by the Secretary, and other generally available
information. The proposed policy, including provisions for addressing hardship
cases and transition provisions that mitigate the impact of any rent increases
or changes in the conditions of continued occupancy or participation, and data
from this analysis shall be made available for public inspection and copying,
on request, and for access through the Internet, for at least 60 days in
advance of the public meeting described in clause (ii).
(ii)The agency shall hold a
public meeting regarding the proposed change, including the hardship
provisions, which may be combined with a public meeting on the draft annual
plan under paragraph (11) or the annual report under subsection (h)(2).
(iii)The board of directors
or other similar governing body of the agency shall approve the change in
public session.
(iv)The agency shall obtain
approval from the Secretary of the annual plan or plan amendment. The Secretary
may approve a plan or amendment containing a material change to the
requirements of this Act regarding tenant rents or contributions, or conditions
of continued occupancy or participation, only if the agency agrees that such
policy may be included as part of the national evaluation.
(B)After adopting a policy described in subparagraph (A), a
program agency shall complete each of the following actions:
(i)The agency shall provide
adequate notice to residents, which shall include a description of the changes
in the public housing lease or participation agreement that may be required and
of the hardship or transition protections offered.
(ii)In the case of any
additional requirements for continued occupancy or participation, the agency
shall execute a lease addendum or participation agreement specifying the
requirements applicable to both the resident and the agency. A resident may
bring a civil action to enforce commitments of the agency made through the
lease addendum or participation agreement.
(iii)The agency shall
reassess rent, subsidy level, and policies on program participation no less
often than every two years, which shall include preparing a revised impact
analysis, and make available for public inspection and copying, on request, and
for access through the Internet, the results of such reassessment and impact
analysis. The requirement under this clause may be met by sufficiently detailed
interim reports, if any, by the national evaluating entity.
(iv)The agency shall include
in the annual report under subsection (h)(2) information sufficient to describe
any hardship requests, including the number and types of requests made,
granted, and denied, the use of transition rules, and adverse impacts resulting
from changes in rent or continued occupancy policies, including actions taken
by the agency to mitigate such impacts and impacts on families no longer
assisted under the program.
(C)Applicability to
existing MTW agenciesAn
existing MTW agency that, before the date of the enactment of this section,
implemented material changes to the requirements of this Act regarding tenant
rents or contributions, or conditions of continued occupancy or participation,
as part of the moving to work demonstration shall not be subject to
subparagraph (A) with regard to such previously implemented changes, but shall
comply with the requirements of subparagraph (B)(ii) and provide the evaluation
and impact analysis required by subparagraph (B)(iii) by the end of the second
agency fiscal year ending after such date of enactment.
(5)Prohibition against
decrease in program fundsThe amount of program funds a
participating agency receives shall not be diminished by its participation in
the housing innovation program under this section.
(6)A participating agency
may not adopt rent policies that result in families making substantially higher
rent payments than would customarily be made by families of comparable income
under the program under which assistance is provided.
(7)A participating agency
may implement time limits on the term of housing assistance received by
families under the program only if—
(A)such limits are for a
period of time not shorter than 5 years; and
(B)enforcement of such
limits is suspended for any period of time during which the unemployment rate
in the area exceeds 10 percent.
(8)A participating agency may condition the receipt of
housing assistance by families under the program on requirements relating to
the employment status or related activities of one or more family members only
if—
(A)such requirements are
consistent with the program for block grants to States for temporary assistance
for needy families under part A of title IV of the Social Security Act;
(B)the agency establishes
reasonable hardship exemptions; and
(C)enforcement of such requirements is
suspended for any period of time during which the unemployment rate in the area
exceeds 10 percent.
(9)Submission of
informationAs part of the annual report required under
subsection (h)(2), each participating agency shall submit information annually
to the Secretary regarding families assisted under the program of the agency
and comply with any other data submissions required by the Secretary for
purposes of evaluation of the program under this section.
(10)Public and resident
participationEach
participating agency shall provide opportunities for resident and public
participation in the annual plan under paragraph (11), as follows:
(A)
(i)Each year, the agency shall provide notice
to the low-income families it serves under the programs authorized by this
section as to the impact of proposed policy changes and program initiatives and
of the schedule of resident advisory board and public meetings for the annual
plan.
(ii)The
agency shall hold at least one meeting with the resident advisory board
(including representatives of recipients of assistance under section 8) to
review the annual plan for each year.
(B)With respect to each annual plan, the agency shall hold
at least one annual public meeting to obtain comments on the plan, which may be
combined with a meeting to review the annual report. In the case of any agency
that administers, in the aggregate, more than 15,000 public housing units and
vouchers, or that operates in more than one county, the agency shall hold
additional meetings in locations that promote attendance by residents and other
stakeholders.
(C)Before adoption of any annual plan, and not less
than 30 days before the public meeting required under subparagraph (A)(ii) with
respect to the plan, the agency shall make the proposed annual plan available
for public inspection and copying, on request, and for access through the
Internet. The annual plan shall be made available for public inspection not
less than 30 days before approval by the board of directors (or other similar
governing body) of the agency and shall remain publicly available.
(D)Before submitting an annual plan or annual report to the
Secretary, the plan or report, as applicable, shall be approved in a public
meeting by the board of directors or other governing body of the agency.
(11)
(A)For
each year that a participating agency participates in the housing innovation
program under this section, the agency shall submit to the Secretary, in lieu
of all other planning requirements, an annual plan under this paragraph.
(B)Each
annual plan shall include the following information:
(i)A list and description of
all program initiatives and generally applicable policy changes, including
references to affected provisions of law or the implementing regulations
affected.
(ii)A description and
comparison of changes under the housing innovation program of the agency from
the plan for such program for the preceding year.
(iii)A description of
property redevelopment or portfolio repositioning strategies and proposed
changes in policies or uses of funds required to implement such
strategies.
(iv)Documentation of public
and resident participation sufficient to comply with the requirements under
paragraphs (4) and (10), including a copy of any recommendations submitted in
writing by the resident advisory board of the agency and members of the public,
a summary of comments, and a description of the manner in which the
recommendations were addressed.
(v)Certifications by the
agency that—
(I)the annual plan will be
carried out in conformity with title VI of the Civil Rights Act of 1964, the
Fair Housing Act, section 504 of the Rehabilitation Act of 1973, title II of
the Americans with Disabilities Act of 1990, and the rules, standards, and
policies in the approved plan;
(II)the agency will
affirmatively further fair housing; and
(III)the agency has complied
and will continue to comply with its obligations under the national
evaluation.
(vi)A description of the agency’s local asset
management strategy for public housing properties, which shall be in lieu of
any other asset management, project based management or accounting, or other
system of allocating resources and costs to participating agency assets or cost
centers that the Secretary may otherwise impose under this Act.
(C)If
the agency proposes to make material changes in policies or initiatives in the
plan during the year covered by the plan, the agency shall consult with the
resident advisory board for the agency established pursuant to section 5A(e)
and the public regarding such changes before their adoption.
(D)
(i)The Secretary shall review and approve or
disapprove each annual plan submitted to the Secretary within 45 days after
such submission. The Secretary, directly or through the public housing agency,
shall make information relating to such approval or disapproval available to
all members of the Resident Advisory Board of the public housing agency.
(ii)Standards for
disapprovalThe Secretary may disapprove a plan only if—
(I)the Secretary reasonably
determines, based on information contained in the annual plan or annual report,
that the agency is not in compliance with the requirements of this
section;
(II)the annual plan or most
recent annual report is not consistent with other reliable information
available to the Secretary; or
(III)the annual plan or
annual report or the agency’s activities under the program are not otherwise in
accordance with applicable law.
(iii)If a submitted
plan is not disapproved within 45 days after submission, the plan shall be
considered to be approved for purposes of this section. The preceding sentence
shall not preclude judicial review regarding such compliance pursuant to
chapter 7 of title 5, United States Code, or an action regarding such
compliance under section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983).
(f)Evaluation of
performance
(1)The Secretary shall
conduct detailed evaluations of all public housing agencies participating in
the program under this section—
(A)to determine the level of
success of each public housing agency in achieving the goals and objectives of
the application to participate in the program;
(B)to determine the level of success of
different types of proposals in achieving the priority strategies of subsection
(d)(2) or other innovative strategies identified pursuant to subsection (b)(1);
and
(C)to identify program
models that can be replicated by other agencies to achieve such success.
(2)Evaluations under this subsection shall be conducted
utilizing rigorous research methodology which shall incorporate, where
appropriate and to the extent funding is available, the following:
(A)Comparison of the impact
on families to similar types of families not subject to such policies.
(B)Comparisons of
alternative strategies for advancing common goals.
(C)An examination of the
costs, outputs, and outcomes of tested strategies.
(D)A process evaluation that
examines the challenges faced in implementing tested strategies and how those
challenges were overcome.
(E)A qualitative examination
of the impacts of tested strategies on affected families, including families on
agency waiting lists.
(F)An examination of the
impact of tested strategies on the housing needs and conditions of the
jurisdiction in which the agency works.
(G)Appropriate sensitivity
to the costs that evaluation places on participating agencies, including a
recognition that smaller agencies may have more difficulty than larger agencies
in responding to data requests.
(3)The Secretary shall establish an Advisory Council to
provide input on the policies and strategies to be tested in evaluations under
this subsection, data collection protocols, and other matters related to the
success of the evaluation, and to assist the evaluating entity and the
Secretary in interpreting the findings and formulating recommendations to the
Congress to be included in the final report. The Secretary may also establish a
separate Technical Advisory Group to provide input on technical issues
associated with the evaluation.
(4)
(A)The Secretary shall
submit three reports to the Congress, as provided in subparagraph (B),
evaluating the programs of all public housing agencies participating in the
program under this section and all agencies participating in the moving to work
demonstration. Each such report shall include findings and recommendations for
any appropriate legislative action.
(B)The
reports under this paragraph shall include—
(i)an initial report, which
shall be submitted before the expiration of the 2-year period beginning on the
date on which additional agencies are approved for participation pursuant to
subsection (d);
(ii)an interim report, which
shall be submitted before the expiration of the 4-year period beginning on such
date of approval; and
(iii)a final report, which shall be submitted
before the expiration of the 10-year period beginning on the date of the
enactment of the Section 8 Voucher Reform Act
of 2009.
(5)The Secretary may contract out the responsibilities under
this paragraphs (1) and (2) to an independent entity that is qualified to
perform such responsibilities.
(6)The Secretary or the
evaluating entity, as applicable, shall establish performance measures, which
may include—
(A)a baseline performance
level against which program activities may be evaluated; and
(B)performance measures for
each of the five purposes identified in paragraphs (1) through (5) of
subsection (a).
(g)Impact of policy on
families being assisted
(1)If an evaluation of an
agency pursuant to subsection (f)(1)(A) includes evidence that a policy adopted
by an agency is or has been harmful to families assisted by the agency, the
Secretary may, after the publication of either the initial or the interim
report pursuant to subsection (f)(4)(B), require such agency to take
appropriate actions to modify such policy to ameliorate such harm.
(2)The
Secretary may not take such action unless the Secretary has made a
determination that such policy is causing or has caused measurable harm to
families currently or previously assisted, based on a reduction in the overall
number of families receiving housing assistance, noncompliance with the
provision of subsection (e)(6) (relating to rent burdens), specific types of
families losing their housing assistance, a reduction in the number of
affordable rental housing units operated by the agency, noncompliance with the
requirements of subsection (e)(3)(A) (relating to targeting), or a combination
of such factors.
(3)Advice and opportunity
to contestBefore taking such action, the Secretary shall advise
the agency and give the agency a fair opportunity to contest such determination
or action. If an agency contests such a determination or action, the Secretary
shall provide an opportunity for interested parties to submit additional
relevant evidence.
(h)Recordkeeping, reports,
and audits
(1)Each
public housing agency participating in the program under this section shall
keep such records as the Secretary may prescribe as reasonably necessary to
disclose the amounts and the disposition of amounts under the program, to
ensure compliance with the requirements of this section, and to measure
performance.
(2)In lieu of all other reporting
requirements, each such agency participating in the program shall submit to the
Secretary an annual report in a form and at a time specified by the Secretary.
Each annual report shall include the following information:
(A)A description, including
an annual consolidated financial report, of the sources and uses of funds of
the agency under the program, which shall account separately for funds made
available under section 8 and subsections (d) and (e) of section 9, and shall
compare the agency’s actions under the program with its annual plan for the
year.
(B)An annual audit that
complies with the requirements of Circular A–133 of the Office of Management
and Budget, including the OMB Compliance Supplement.
(C)A description of each
hardship exception requested and granted or denied, and of the use of any
transition rules.
(D)Documentation of public
and resident participation sufficient to comply with the requirements under
paragraph (7).
(E)A comparison of income
and the sizes and types of families assisted by the agency under the program
compared to those assisted by the agency in the base year.
(F)Every two years, an
evaluation of rent policies, subsidy level policies, and policies on program
participation.
(G)A description of any
ongoing local evaluations and the results of any local evaluations completed
during the year.
(3)Access to documents by
secretaryThe Secretary shall have access for the purpose of
audit and examination to any books, documents, papers, and records that are
pertinent to assistance in connection with, and the requirements of, this
section.
(4)Access to documents by
the Comptroller GeneralThe
Comptroller General of the United States, or any of the duly authorized
representatives of the Comptroller General, shall have access for the purpose
of audit and examination to any books, documents, papers, and records that are
pertinent to assistance in connection with, and the requirements of, this
section.
(5)Reports regarding
evaluationsThe Secretary shall require each public housing
agency participating in the program under this section to submit to the
Secretary such information as the Secretary considers appropriate to permit the
Secretary to evaluate (pursuant to subsection (f)) the performance and success
of the agency in achieving the purposes of the program.
(i)Additional program
agenciesIn participating in the program under the terms of this
subsection, the public housing agencies designated for such participation shall
be subject to the requirements of this section, and the additional following
requirements:
(1)Applicability of
certain existing provisionsSuch agencies shall be subject to the
provisions of—
(A)subsections (a) and (b)
of section 3; and
(B)section 8(o), except for
paragraph (11) and except as the requirements of section 8(o) are modified by
subsection (e)(3) of this section.
(2)Such agencies may not impose time limits on the term of
housing assistance received by families under the program.
(3)Such agencies may not condition the receipt of housing
assistance by families under the program on the employment status of one or
more family members.
(4)
(A)Such agencies may
not demolish or dispose of any dwelling unit of public housing operated or
administered by such agency (including any uninhabitable unit and any unit
previously approved for demolition) except pursuant to a plan for replacement
of such units in accordance with, and approved by the Secretary of Housing and
Urban Development pursuant to, subparagraph (B).
(B)The Secretary may not approve a plan that provides
for demolition or disposition of any dwelling unit of public housing referred
to in subparagraph (A) unless—
(i)such plan provides for
outreach to public housing agency residents in accordance with paragraph
(5);
(ii)not later than 60 days
before the date of the approval of such plan, such agency has convened and
conducted a public hearing regarding the demolition or disposition proposed in
the plan;
(iii)such plan provides that
for each such dwelling unit demolished or disposed of, such public housing
agency will provide an additional dwelling unit through—
(I)the acquisition or
development of additional public housing dwelling units; or
(II)the acquisition,
development, or contracting (including through project-based assistance) of
additional dwelling units that are subject to requirements regarding
eligibility for initial or continued occupancy, tenant contribution toward
rent, and long-term affordability restrictions which are comparable to public
housing units, except that no household may be prevented from occupying a
replacement dwelling unit provided pursuant to clause (iii) except to the
extent specifically provided by any other provision of Federal law (including
subtitle F of title V of the Quality Housing and Work Responsibility Act of
1998 (42 U.S.C. 13661 et seq.; relating to safety and security in public and
assisted housing, subtitle D of title VI of the Housing and Community
Development Act of 1992 (42 U.S.C. 13611 et seq.; relating to preferences for
elderly and disabled residents), and section 16(f) of this Act (42 U.S.C.
1437n(f)); relating to ineligibility of persons convicted of methamphetamine
offenses);
(iv)such plan provides for a right, and
implementation of such right, to occupancy of additional dwelling units
provided in accordance with clause (iii), for households who, as of the time
that dwelling units demolished or disposed of were vacated to provide for such
demolition or disposition, were occupying such dwelling units;
(v)such plan provides that
the proposed demolition or disposition and relocation will be carried out in a
manner that affirmatively furthers fair housing, as described in subsection (e)
of section 808 of the Civil Rights Act of 1968;
(vi)such plan provides for a
mixed-income development on the site of the original public housing, with at
least one-third of all dwelling units being provided through the development of
additional public housing dwelling units, except that upon a showing by the
agency, if the Secretary determines that such location is infeasible, an agency
may locate such a development in areas within the jurisdiction of the agency
having low concentrations of poverty; and
(vii)to the extent that such
plan provides for the provision of replacement or additional dwelling units, or
redevelopment, in phases over time, such plan provides that the ratio of
dwelling units described in subclauses (I) and (II) of clause (iii) that are
provided in any such single phase to the total number of dwelling units
provided in such phase is not less than the ratio of the aggregate number of
such dwelling units provided under the plan to the total number of dwelling
units provided under the plan.
(C)Subparagraphs (B) and (D) of section 8(o)(13) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with
respect to vouchers used to comply with the requirements of subparagraph
(B)(iii) of this paragraph.
(D)The
Secretary shall provide for the appropriate field offices of the Department to
monitor and supervise the enforcement of this paragraph and plans approved
under this paragraph and to consult, regarding such monitoring and enforcement,
with resident councils of, and resident of public housing operated or
administered by, the agency.
(5)Comprehensive outreach
planNo program funds of such
agencies may be use to demolish or dispose of any public housing dwelling units
except in accordance with a comprehensive outreach plan for such activities,
developed by the agency in conjunction with the residents of the public housing
agency, as follows:
(A)The plan shall be
developed by the agency and a resident task force, which may include members of
the Resident Council, but may not be limited to such members, and which shall
represent all segments of the population of residents of the agency, including
single parent-headed households, the elderly, young employed and unemployed
adults, teenage youth, and disabled persons.
(B)The votes and agreements
regarding the plan shall involve—
(i)in the case of any public
housing agency that administers 250 or fewer public housing dwelling units, not
less than 10 percent of affected residents; and
(ii)in the case of any public housing agency
that administers more than 250 public housing dwelling units, not less than 25
affected residents.
(C)The plan shall provide for and describe
outreach efforts to inform residents of the program under this subsection,
including a door-to-door information program, monthly newsletters to each
resident household, monthly meetings dedicated solely to every aspect of the
proposed development, including redevelopment factors, which shall include the
one-for-one replacement requirement under paragraph (4), resident rights to
return, the requirements of the program under this subsection, new resident
support and community services to be provided, opportunities for participation
in architectural design, and employment opportunities for residents, which
shall make available at least 30 percent of the total hours worked at all such
employment, and shall also make available at least 25 percent of unskilled jobs
in demolition activities and 25 percent of unskilled jobs in construction
activities related to the redevelopment project, including job training,
apprenticeships, union membership assistance.
(D)The plan shall provide
for regularly scheduled monthly meeting updates and a system for filing
complaints about any aspect of the redevelopment process.
(j)For
purposes of this section, the following definitions shall apply:
(1)The term
existing MTW agency means a public housing agency that as of the
date of the enactment of the Section 8 Voucher Reform Act of 2009 has an
existing agreement with the Secretary pursuant to the moving to work
demonstration, or is authorized to enter into such an agreement under section
230 of the Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2438) or section 236 of
the Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2009 (Division I of Public Law 111–8).
(2)The term base year means, with respect to a
participating agency, the agency fiscal year or calendar year, as appropriate,
most recently completed prior to selection and approval for participation in
the housing innovation program under this section.
(3)Moving to work
demonstrationThe term
moving to work demonstration means the moving to work
demonstration program under section 204 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies Appropriations Act,
1996 (42 U.S.C. 1437f note).
(4)The term participating agencies means
public housing agencies designated and approved for participation, and
participating, in the housing innovation program under this section.
(5)The term program funds means, with respect to
a participating agency, any amounts that the agency is authorized, pursuant to
subsection (e)(1), to use to carry out the housing innovation program under
this section of the agency.
(6)The
term residents means, with respect to a public housing agency,
tenants of public housing of the agency and participants in the voucher or
other housing assistance programs of the agency funded under section 8(o), or
tenants of other units owned by the agency and assisted under this
section.
(k)Resident technical
assistance
(1)Authorization of
appropriationsThere is
authorized to be appropriated for each of fiscal years 2010 through 2014
$10,000,000, for providing capacity building and technical assistance to
enhance the capabilities of low-income families assisted or eligible for
assistance under the program under this section to participate in the process
for establishment and revision of annual plans under this section for
participating agencies, including review and comment on impact analyses and
demolition or disposition proposals.
(2)Criteria for award of
fundsThe Secretary shall
publish the criteria to be used to award funds on a competitive basis, in an
amount appropriate to the number of households affected by the program of the
participating agency or agencies that such participating agency assists, to
local, regional, State, or national organizations that—
(A)(i)have members who are
predominantly low-income;
(ii)have low-income
individuals on their boards of directors; or
(iii)directly work with or
represent low-income individuals;
(B)have the legal, policy, and development
expertise to provide such assistance or will subcontract for such services;
and
(C)have a demonstrated
capacity to manage similar grants.
(3)
(A)Ineligibility;
nonliabilityPublic housing
agencies shall not be eligible to receive funds under this subsection, and
shall not be liable for the action of any grantee.
(B)Cooperation with
granteesPublic housing agencies participating in the program
under this section shall cooperate with grantees receiving technical assistance
funds under this subsection, to assist such grantees to reach families assisted
under the program.
(l)Authorization of
appropriations for evaluationsThere is authorized to be
appropriated $15,000,000 to the Department of Housing and Urban Development for
the purpose of conducting the evaluations required under subsection
(f)(1).
.
(b)Not later than 48
months after the date of the enactment of this Act, the Comptroller General of
the United States shall submit a report to the Congress on the extent to which
the public housing agencies participating in the housing innovation program
under section 37 of the United States Housing Act of 1937 are meeting the goals
and purposes of such program, as identified in subsection (a) of such section
37.
27.Study of use of income
databases to reduce subsidy errorsThe Comptroller General of the United States
shall conduct a study to identify databases regarding incomes of families and
individuals that may be used in connection with the voucher program for rental
assistance under section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), the public housing program under such Act, and project-based
rental assistance programs under section 8 of such Act to reduce errors in
subsidy amounts provided on behalf of recipients of assistance under such
programs and to determine how best to utilize such databases for such purpose.
In conducting such study, the Comptroller General shall analyze and consider
the use of income information maintained in the National Directory of New Hires
database of the Department of Health and Human Services. Not later than the
expiration of the 9-month period beginning on the date of the enactment of this
Act, the Comptroller General shall submit a report to the Congress setting for
the results and conclusions of the study under this section.
28.Acceptable
identification requirement
(a)Rental housing assistance under section 8(o) of the
United States Housing Act of 1937 may not be provided on behalf of any
individual or household unless the individual provides, or, in the case of a
household, all adult members of the household provide, valid personal
identification in one of the following forms:
(1)Social security card with
photo identification card or Real ID Act identification.—
(A)A social security card
accompanied by a photo identification card issued by the Federal Government or
a State Government; or
(B)A driver’s license or identification card
issued by a State in the case of a State that is in compliance with title II of
the REAL ID Act of 2005 (title II of division B of Public Law 109–13; 49 U.S.C.
30301 note).
(2)A
passport issued by the United States or a foreign government.
(3)USCIS photo
identification cardA photo identification card issued by the
Secretary of Homeland Security (acting through the Director of the United
States Citizenship and Immigration Services).
(b)The
Secretary of Housing and Urban Development shall, by regulations issued before
the expiration of the period referred to in subsection (c), require that each
public housing agency or other entity administering rental housing assistance
described in subsection (a) take such actions as the Secretary considers
necessary to ensure compliance with the requirements of subsection (a).
(c)The requirements of this section shall take effect upon the
expiration of the 6-month period beginning upon the date of the enactment of
this Act.
29.Except as otherwise
specifically provided in this Act—
(1)sections 3, 4, 6, and 7
of this Act and the amendments made by such sections shall take effect on
January 1, 2010, except that the Secretary may delay such effective date for
any one or more of sections 3, 4, and 7 to January 1, 2011, upon a
determination by the Secretary that such extension is necessary to provide
program participants sufficient time to make adjustments to the changes made by
such sections; and
(2)all other provisions of
this Act and the amendments made by this Act shall take effect upon the
issuance by the Secretary of implementing regulations, as appropriate, or by
notice, which shall be issued not later than the expiration of the 12-month
period beginning upon the date of the enactment of this Act.
September 30, 2009
Reported with an amendment, committed to the Committee of
the Whole House on the State of the Union, and ordered to be
printed