[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5072 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5072

To create an equitable and stable rental housing market, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2019

  Ms. Ocasio-Cortez (for herself, Ms. Meng, Ms. Tlaib, Mr. Garcia of 
  Illinois, and Ms. Lee of California) introduced the following bill; 
   which was referred to the Committee on Financial Services, and in 
  addition to the Committees on the Judiciary, and Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To create an equitable and stable rental housing market, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``A Just Society: A Place to Prosper 
Act of 2019''.

SEC. 2. OBLIGATIONS OF LANDLORDS.

    (a) Obligations.--A covered landlord--
            (1) may not, when a residential lease expires, increase 
        monthly rent by an amount greater than the percentage increase, 
        if any, over the preceding 12 months in the Consumer Price 
        Index for All Urban Consumers or 3 percent of the average 
        monthly amount paid for the same unit for each month that the 
        unit was occupied during the previous 12-month period, 
        whichever is greater;
            (2) may not initiate eviction proceedings or threaten a 
        tenant with eviction, except in the case that--
                    (A) the tenant has failed to pay rent for 2 or more 
                consecutive months, caused substantial destruction to 
                the rental property, or violated an explicit lease 
                term; or
                    (B) the landlord seeks to occupy the unit, or seeks 
                the availability of the unit for occupancy by an 
                immediate relative; and
            (3) shall maintain each rental unit in good repair (as 
        defined under applicable State and local codes).
    (b) Enforcement.--
            (1) Civil action authorized.--A tenant may file a civil 
        action in the appropriate district court of the United States 
        against a covered landlord who violates subsection (a).
            (2) Lease provision void.--Any lease provision that waives 
        the right of a tenant to file a civil action under this 
        subsection is void.
            (3) Enforcement by state attorney general.--The attorney 
        general of the State may file a civil action in the appropriate 
        district court of the United States on behalf of a resident of 
        the State whose covered landlord violated subsection (a) to--
                    (A) enjoin further violations;
                    (B) obtain damages on behalf of such resident in an 
                amount that does not exceed ten times the sum of the 
                monthly rent amounts specified on the most recent lease 
                agreement for each such resident; and
                    (C) in the case of a covered landlord against whom 
                a court has ruled in 2 or more civil actions under this 
                subsection, obtain additional punitive damages in an 
                amount not to exceed three times the amount of actual 
                damages suffered by resident.
            (4) Good faith efforts considered.--In any civil action 
        under this subsection, the court shall consider, for purposes 
        of awarding damages, a covered landlord's good faith effort or 
        attempt to comply with the subsection (a).
    (c) Rule of Construction.--Nothing in this section shall prevent a 
State or local government from imposing lower limits on rent increases 
or additional obligations on landlords.
    (d) Definitions.--In this section:
            (1) The term ``covered landlord'' means entity that owns or 
        holds a controlling interest in more than 5 residential 
        properties or more than 2 manufactured housing parks.
            (2) The term ``rent'' includes any payment made by a tenant 
        to a landlord, with respect to which the failure to pay may 
        authorize the landlord to initiate eviction proceedings, except 
        that such term does not include any utility which is paid by 
        the landlord on behalf of the tenant.

SEC. 3. FUNDING FOR ACCESS TO COUNSEL.

    (a) Grant Program.--The Secretary of Housing and Urban Development 
is authorized to make grants to State and local governments to 
establish a right to counsel for tenants in eviction proceedings.
    (b) Application.--The chief executive officer of a State or unit of 
local government seeking a grant under this section shall submit an 
application to the Secretary of Housing and Urban Development at such 
time, in such manner, and containing such information as the Secretary 
may reasonably require, including an assurance that the funds will be 
used in accordance with subsection (c).
    (c) Uses of Funds.--A State or unit of local government receiving a 
grant under this section shall use not less than 85 percent of such 
funds to provide counsel for tenants in eviction proceedings.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $6,500,000,000 for each of fiscal years 2021 through 2030 
to carry out this section.

SEC. 4. PROHIBITING DISCRIMINATION ON THE BASIS OF SOURCE OF INCOME.

    (a) Fair Housing Act.--The Fair Housing Act (42 U.S.C. 3601 et 
seq.) is amended--
            (1) in section 802 (42 U.S.C. 3602), by adding at the end 
        the following:
    ``(p) `Source of income' includes--
            ``(1) a housing voucher under section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f) and any form of 
        Federal, State, or local housing assistance provided to a 
        family or provided to a housing owner on behalf of a family, 
        including rental vouchers, rental assistance, and rental 
        subsidies from nongovernmental organizations;
            ``(2) income received during a taxable year as Social 
        Security benefits, as defined in section 86(d) of the Internal 
        Revenue Code of 1986, or as supplemental security income 
        benefits under title XVI of the Social Security Act (42 U.S.C. 
        1381 et seq.);
            ``(3) income received by court order, including spousal 
        support and child support;
            ``(4) any payment from a trust, guardian, or conservator; 
        and
            ``(5) any other lawful source of income.'';
            (2) in section 804 (42 U.S.C. 3604), by inserting ``source 
        of income,'' after ``familial status,'' each place that term 
        appears;
            (3) in section 805 (42 U.S.C. 3605)--
                    (A) in subsection (a), by inserting ``source of 
                income,'' after ``familial status,''; and
                    (B) in subsection (c), by inserting ``source of 
                income,'' after ``handicap,'';
            (4) in section 806 (42 U.S.C. 3606), by inserting ``source 
        of income,'' after ``familial status,''; and
            (5) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by 
        inserting ``source of income,'' after ``handicap,''.
    (b) Civil Rights Act of 1968.--Section 901 of the Civil Rights Act 
of 1968 (42 U.S.C. 3631) is amended by inserting ``source of income (as 
defined in section 802)'', before ``or national origin'' each place 
that term appears.

SEC. 5. REMOVING TOXINS FROM HOMES.

    There is authorized to be appropriated $10,000,000,000 for each of 
fiscal years 2020 through 2029 for activities of the Office of Lead 
Hazard Control and Healthy Homes of the Department of Housing and Urban 
Development. Of any amounts appropriated in each such fiscal year 
pursuant to this section--
            (1) 75 percent shall be available only for carrying out the 
        Lead Hazard Reduction Program authorized by section 1011 of the 
        Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 
        U.S.C. 4852); and
            (2) 25 percent shall be available only for carrying out the 
        Healthy Homes Initiative, pursuant to sections 501 and 502 of 
        the Housing and Urban Development Act of 1970 (42 U.S.C. 1701z-
        1, 1701z-2), which shall include research, studies, testing, 
        and demonstration efforts, including education and outreach 
        concerning lead-based paint poisoning and other housing-related 
        diseases and hazards.

SEC. 6. REGULATION OF MARKET-DOMINANT LANDLORDS.

    (a) Disclosure.--The Secretary of Housing and Urban Development 
shall require each covered owner (as such term is defined in subsection 
(c)) to disclose to the Secretary, on a calendar quarterly basis, the 
following information for the preceding calendar quarter regarding 
rental dwelling units owned by the covered entity:
            (1) The number and percentage of tenants that have been 
        forced to vacate its units by court order or a threat that the 
        entity would seek a court order.
            (2) The median rent for all units.
            (3) Any code violations and efforts to remedy such 
        violations.
            (4) The median amount of fees and other monies paid by 
        tenants to the covered owner other than monthly rent, actual 
        utility charges and homeowners association fees, and security 
        deposits.
            (5) The most recent standard lease agreement used by the 
        covered owner.
            (6) The identity of the covered owner and its largest three 
        shareholders, if the entity is owned by shareholders.
    (b) Public Availability.--The Secretary shall make the information 
submitted to the Secretary pursuant to subsection (a) publicly 
available online. The Secretary shall update such information on a 
calendar quarterly basis and shall disaggregate such information by the 
smallest geographic area possible.
    (c) Definition of Covered Owner.--The term ``covered owner'' means 
any person or entity that in aggregate owns or holds a controlling 
interest in any entity that, in aggregate, owns--
            (1) more than 100 rental units that are located within in a 
        single Metropolitan Statistical Area;
            (2) more than 1,000 rental units nationwide; or
            (3) rental units in three or more States.

SEC. 7. CONDITIONS FOR THE SALE OR GUARANTEE OF LOANS, REAL PROPERTY, 
              AND RELATED SECURITIES.

    (a) Prohibitions.--
            (1) Federal mortgages, guarantees, and insurance.--A 
        covered rental housing owner may not--
                    (A) purchase any mortgage, mortgage-backed 
                security, or other loan that is made, sold, insured, 
                guaranteed, or otherwise supported or assisted by any 
                Federal agency or enterprise (which term for purposes 
                of this section, shall have the meaning given such term 
                in section 1303 of the Housing and Community 
                Development Act of 1992 (12 U.S.C. 4502));
                    (B) be provided any insurance or guarantee by any 
                Federal agency or enterprise for any mortgage for which 
                the covered rental housing owner, or any entity in 
                which such owner holds a controlling interest, is the 
                mortgagee;
                    (C) be provided any insurance or guarantee by any 
                Federal agency or enterprise for any loan for which the 
                covered rental housing owner, or any entity in which 
                such owner holds a controlling interest, is the lender; 
                or
                    (D) purchase any FHA asset (as such term is defined 
                in section 204(m) of the National Housing Act, as added 
                by subsection (d) of this section) from the Department 
                of Housing and Urban Development or an enterprise that 
                was acquired by such Department or enterprise pursuant 
                to a foreclosure action on a mortgage insured under 
                title II of the National Housing Act (12 U.S.C. 1707 et 
                seq.).
            (2) Mortgage-backed securities.--Notwithstanding any other 
        provision of law, no Federal agency or enterprise may purchase, 
        or issue any security backed by, any mortgage for which the 
        mortgagee is a covered rental housing owner.
    (b) Covered Rental Housing Owner.--For purposes of this section, 
the term ``covered rental housing owner'' means--
            (1) any owner of rental housing who has been determined by 
        the Secretary of Housing and Urban Development, on the record 
        after an opportunity for an agency hearing, to--
                    (A) have 3 or more documented or adjudicated 
                instances of--
                            (i) harassing tenants;
                            (ii) violating any applicable codes 
                        regarding health and safety of rental 
                        dwellings;
                            (iii) evicting tenants without sufficient 
                        cause; or
                            (iv) offering at-risk mortgagees temporary 
                        interest-only modifications that do not support 
                        long-term affordability to borrowers; or
                    (B) have foreclosed on more than 40 percent of 
                occupied properties that are owned by the covered 
                rental housing owner and subject to mortgages purchased 
                from a government agency or enterprise; or
            (2) any entity that owns or holds a controlling interest in 
        entities that, in aggregate, own--
                    (A) more than 100 rental units that are located 
                within in a single Metropolitan Statistical Area;
                    (B) more than 1,000 rental units nationwide; or
                    (C) rental units in three or more States.
    (c) Targeting Disposition of FHA-Owned Assets.--Section 204 of the 
National Housing Act (12 U.S.C. 1710) is amended by adding at the end 
the following new subsection:
    ``(m) Disposition Requirements for FHA Single-Family Assets.--
            ``(1) Requirement.--Except to the extent necessary to 
        comply with the capital ratio requirements of the Mutual 
        Mortgage Insurance Fund under section 205(f) (12 U.S.C. 
        1711(f)), the Secretary shall ensure that not less than 75 
        percent of the number of FHA assets sold in each fiscal year 
        shall be made only to purchasers--
                    ``(A) who will occupy the property that is the 
                asset or is subject to the mortgage that is the asset;
                    ``(B) that is a nonprofit organization that has 
                among its primary purposes significant activities 
                related to the provision of decent housing that is 
                affordable to low- and moderate-income families;
                    ``(C) that is a community land trust or land bank 
                that meets such requirements as the Secretary shall 
                establish; or
                    ``(D) is a community-controlled entity that meets 
                such requirements as the Secretary shall establish.
            ``(2) FHA assets.--For purposes of this subsection the term 
        `FHA asset' means--
                    ``(A) a property that--
                            ``(i) is designed as a dwelling for 
                        occupancy by 1 to 4 families;
                            ``(ii) was previously subject to a mortgage 
                        insured under the provisions of this title; and
                            ``(iii) is owned by the Secretary pursuant 
                        to the payment of insurance benefits under this 
                        title; or
                    ``(B) a mortgage that--
                            ``(i) is an interest in a property that 
                        meets the requirements of clause (i) of 
                        subparagraph (A);
                            ``(ii) was previously insured under this 
                        title except for mortgages insured under or 
                        made pursuant to section 235, 237, or 255; and
                            ``(iii) is held by the Secretary pursuant 
                        to the payment of insurance benefits under this 
                        title.''.

SEC. 8. FEDERAL SHARE PAYABLE FOR FEDERAL-AID HIGHWAY PROJECTS.

    Section 120 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(l) Special Rules Regarding Equitable Growth Areas.--
            ``(1) Increased federal share for areas encouraging 
        equitable growth.--
                    ``(A) In general.--The Federal share payable on 
                account of any project under this chapter carried out 
                in an area governed by a jurisdiction encouraging 
                equitable growth and not governed by any jurisdiction 
                blocking equitable growth shall be increased, up to the 
                total cost of the project, by the greater of--
                            ``(i) 10 percent; or
                            ``(ii) the percentage calculated in 
                        subparagraph (B).
                    ``(B) Calculation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the percentage in subparagraph 
                        (A)(ii) shall be the percentage of the project 
                        (calculated by square mileage) that is governed 
                        by a jurisdiction encouraging equitable growth.
                            ``(ii) Multiple jurisdictions.--For any 
                        project carried out in an area governed by 
                        multiple jurisdictions encouraging equitable 
                        growth and not governed by any jurisdiction 
                        blocking equitable growth, the percentage in 
                        subparagraph (A)(ii) shall be calculated by--
                                    ``(I) determining the percentage 
                                under clause (i) for each such 
                                jurisdiction; and
                                    ``(II) averaging the percentages 
                                under subclause (I).
            ``(2) Decreased federal share for areas blocking equitable 
        growth.--
                    ``(A) In general.--The Federal share payable on 
                account of any project under this chapter carried out 
                in an area governed by a jurisdiction blocking 
                equitable growth and not governed by any jurisdiction 
                encouraging equitable growth shall be decreased by the 
                greater of--
                            ``(i) 10 percent; or
                            ``(ii) the percentage calculated in 
                        subparagraph (B).
                    ``(B) Calculation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the percentage in subparagraph 
                        (A)(ii) shall be the percentage of the project 
                        (calculated by square mileage) that is governed 
                        by a jurisdiction blocking equitable growth.
                            ``(ii) Multiple jurisdictions.--For any 
                        project carried out in an area governed by 
                        multiple jurisdictions blocking equitable 
                        growth and not governed by any jurisdiction 
                        encouraging equitable growth, the percentage in 
                        subparagraph (A)(ii) shall be calculated by--
                                    ``(I) determining the percentage 
                                under clause (i) for each such 
                                jurisdiction; and
                                    ``(II) averaging the percentages 
                                under subclause (I).
            ``(3) Special rule for mixed coverage of jurisdictions 
        encouraging and blocking equitable growth.--
                    ``(A) In general.--For any project under this 
                chapter carried out in an area any portion of which is 
                governed by at least 1 jurisdiction encouraging 
                equitable growth and at least 1 jurisdiction blocking 
                equitable growth, the Federal share payable on account 
                of such project shall be--
                            ``(i) for any percentage under subparagraph 
                        (B)(ii)(I), increased, up to the total cost of 
                        the project, by the percentage under such 
                        subparagraph;
                            ``(ii) for any percentage under 
                        subparagraph (B)(ii)(II), decreased by the 
                        percentage under such subparagraph; or
                            ``(iii) for any percentage under 
                        subparagraph (B)(ii)(III), neither increased or 
                        decreased.
                    ``(B) Calculation.--The percentages in subparagraph 
                (A) shall be calculated by--
                            ``(i) determining the percentages under 
                        paragraphs (1)(B) and (2)(B); and
                            ``(ii) in any case in which--
                                    ``(I) the percentage in paragraph 
                                (1)(B) is greater than the percentage 
                                in paragraph (2)(B), subtracting the 
                                percentage in paragraph (2)(B) from the 
                                percentage in paragraph (1)(B);
                                    ``(II) the percentage in paragraph 
                                (2)(B) is greater than the percentage 
                                in paragraph (1)(B), subtracting the 
                                percentage in paragraph (1)(B) from the 
                                percentage in paragraph (2)(B); or
                                    ``(III) the percentage in paragraph 
                                (1)(B) is the same as the percentage in 
                                paragraph (2)(B), subtracting the 
                                percentage in (1)(B) from the 
                                percentage in (2)(B).
            ``(4) Definitions.--For purposes of this subsection:
                    ``(A) Affordable development.--The term `affordable 
                development' means a housing development in which not 
                less than 15 percent of the housing units of such 
                development are affordable housing units.
                    ``(B) Affordable housing unit.--The term 
                `affordable housing unit' means a housing unit for 
                which the amount of rent does not exceed 9 percent of 
                the median household income of the area in which the 
                unit is located, as determined by the Secretary.
                    ``(C) Jurisdiction encouraging equitable growth.--
                The term `jurisdiction encouraging equitable growth' 
                means any unit of State or local government that the 
                Secretary determines has enacted and is enforcing any 
                provision of law or regulation that--
                            ``(i) allows an affordable development to 
                        contain a number of housing units greater than 
                        the number allowed by applicable laws or 
                        regulations for other housing developments;
                            ``(ii) streamlines or shortens permitting 
                        processes and timelines for the construction of 
                        affordable developments;
                            ``(iii) eliminates height restrictions for 
                        affordable developments;
                            ``(iv) prohibits a landlord from rejecting 
                        a rental application on the basis of the source 
                        of income (as such term is described in section 
                        802 of the Fair Housing Act (42 U.S.C. 3602)) 
                        of the applicant;
                            ``(v) taxes vacant land;
                            ``(vi) provides for the donation of vacant 
                        land to nonprofit developers for the purpose of 
                        developing affordable developments;
                            ``(vii) allows a smaller, independent 
                        residential dwelling unit to be located on the 
                        same lot as a stand-alone or detached single-
                        family dwelling unit; or
                            ``(viii) prohibits landlords from asking 
                        prospective tenants for criminal history 
                        information.
                    ``(D) Jurisdiction blocking equitable growth.--The 
                term `jurisdiction blocking equitable growth' means any 
                unit of State or local government that the Secretary 
                determines has enacted and is enforcing any provision 
                of law or regulation that--
                            ``(i) requires a housing developer to 
                        provide off-street parking at a housing 
                        development constructed by such developer;
                            ``(ii) requires residential housing to sit 
                        on more than \1/2\ of an acre of land;
                            ``(iii) prohibits multiunit residential 
                        properties; or
                            ``(iv) prohibits the development of 
                        manufactured housing parks.''.

SEC. 9. INCREASING ACCESS TO HOUSING ASSISTANCE FOR ALL.

    (a) Inapplicability of Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996.--The Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 is amended--
            (1) in section 401 (8 U.S.C. 1611)--
                    (A) in subsection (b)(1), by striking subparagraph 
                (E); and
                    (B) in subsection (c)--
                            (i) in paragraph (1)(B), by striking 
                        ``public or assisted housing,''; and
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (B), by 
                                striking ``or'' at the end;
                                    (II) in subparagraph (C), by 
                                striking the period at the end and 
                                inserting ``; or''; and
                                    (III) by adding at the end the 
                                following new subparagraph:
                    ``(D) to any benefit or assistance under any 
                program for housing or community development assistance 
                or financial assistance administered by the Secretary 
                of Housing and Urban Development or under any program 
                under title V of the Housing Act of 1949 (42 U.S.C. 
                1471 et seq.).'';
            (2) in section 411 (8 U.S.C. 1621)--
                    (A) in subsection (c)(1)(B), by striking ``public 
                or assisted housing,''; and
                    (B) in subtitle D (8 U.S.C. 1641 et seq.), by 
                adding at the end the following new section:

``SEC. 437. INAPPLICABILITY TO HOUSING PROGRAMS.

    ``This title may not be construed to affect the eligibility of any 
individual or family for any benefit or assistance under any program 
for housing or community development assistance or financial assistance 
administered by the Secretary of Housing and Urban Development or under 
any program under title V of the Housing Act of 1949 (42 U.S.C. 1471 et 
seq.).''.
    (b) Repeal of Restrictions on Use of Assisted Housing by Certain 
Aliens.--Section 214 of the Housing and Community Development Act of 
1980 (42 U.S.C. 1436a) is hereby repealed.
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