[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7885 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7885

  To amend the Servicemembers Civil Relief Act to ensure that certain 
   education and workforce development benefits administered by the 
   Secretary of Veterans Affairs are treated as income by landlords 
  evaluating the ability of a servicemember, veteran, or a spouse or 
    child of a servicemember or veteran, to pay rent, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 2022

Mr. Espaillat introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend the Servicemembers Civil Relief Act to ensure that certain 
   education and workforce development benefits administered by the 
   Secretary of Veterans Affairs are treated as income by landlords 
  evaluating the ability of a servicemember, veteran, or a spouse or 
    child of a servicemember or veteran, to pay rent, 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 ``Protect Veteran Students, Job 
Seekers, and Entrepreneurs Housing Act''.

SEC. 2. TREATMENT OF CERTAIN DEPARTMENT OF VETERANS AFFAIRS BENEFITS IN 
              DETERMINING INCOME FOR PURPOSES OF ENTERING INTO 
              RESIDENTIAL LEASES.

    (a) In General.--Title III of the Servicemembers Civil Relief Act 
(50 U.S.C. 3951 et seq.) is amended by adding at the end the following 
new section (and conforming the table of contents at the beginning of 
such Act accordingly):

``SEC. 309. TREATMENT OF CERTAIN DEPARTMENT OF VETERANS AFFAIRS 
              BENEFITS IN DETERMINING INCOME FOR PURPOSES OF ENTERING 
              INTO RESIDENTIAL LEASES.

    ``(a) Protection.--In determining whether a covered individual has 
an income sufficient to enter into a lease of premises for a 
residential purpose, the landlord (or other person with paramount 
title) of the premises shall treat any educational assistance received 
by the covered individual under any of chapter 30, 31, 32, 33, 34, 35, 
or 36 of title 38, United States Code, or chapter 1606 or 1607 of title 
10, United States Code, as income.
    ``(b) Lease Period.--When entering into a lease of premises for a 
residential purpose with a covered individual pursuant to subsection 
(a), the landlord (or other person with paramount title) shall 
guarantee that the period of the lease does not exceed the number of 
months of entitlement the individual has for the educational assistance 
described in such subsection.
    ``(c) Penalties.--(1) A landlord (or other person with paramount 
title) who knowingly takes an action contrary to this section, or 
attempts to do so, may not participate in a covered Federally assisted 
rental housing program.
    ``(2) A person who knowingly takes an action contrary to this 
section, or attempts to do so, shall be fined as provided in title 18, 
United States Code, or imprisoned for not more than one year, or both.
    ``(d) Definitions.--In this section:
            ``(1) The term `covered individual' means a servicemember, 
        veteran, or a spouse or child of a servicemember or veteran, 
        who is entitled to educational assistance under chapter 30, 31, 
        32, 33, 34, 35, or 36 of title 38, United States Code, or 
        chapter 1606 or 1607 of title 10, United States Code.
            ``(2) The term `covered Federally assisted rental housing' 
        means a residential dwelling unit that is made available for 
        rental and for which assistance is provided, or that is part of 
        a housing project for which assistance is provided, under any 
        program administered by the Secretary of Housing and Urban 
        Development, the Secretary of Veterans Affairs (other than 
        stipends made in connection with educational assistance), the 
        Secretary of Agriculture, or the Secretary of the Treasury, 
        including--
                    ``(A) the public housing program under the United 
                States Housing Act of 1937 (42 U.S.C. 1437 et seq.);
                    ``(B) the program for rental assistance under 
                section 8 of the United States Housing Act of 1937 (42 
                U.S.C. 1437f);
                    ``(C) the HOME Investment Partnerships program 
                under title II of the Cranton-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 12721 et seq.);
                    ``(D) title IV of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11360 et seq.);
                    ``(E) housing assistance for homeless veterans 
                under section 2041 of title 38, United States Code;
                    ``(F) the Housing Trust Fund program under section 
                1338 of the Housing and Community Development Act of 
                1992 (12 U.S.C. 4568);
                    ``(G) the program for supportive housing for the 
                elderly under section 202 of the Housing Act of 1959 
                (12 U.S.C. 1701q);
                    ``(H) the program for supportive housing for 
                persons with disabilities under section 811 of the 
                Cranston-Gonzalez National Affordable Housing Act (42 
                U.S.C. 8013);
                    ``(I) the AIDS Housing Opportunities program under 
                subtitle D of title VIII of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 12901 et 
                seq.);
                    ``(J) the program for Native American housing under 
                the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4101 et seq.);
                    ``(K) the program for housing assistance for Native 
                Hawaiians under title VIII of the Native American 
                Housing Assistance and Self-Determination Act of 1996 
                (25 U.S.C. 4221 et seq.);
                    ``(L) the programs for assistance for rural rental 
                housing under title V of the Housing Act of 1949 (42 
                U.S.C. 1471 et seq.); and
                    ``(M) the low-income housing tax credit program 
                under section 42 of the Internal Revenue Code.''.
    (b) Extended Grace Period To Maintain Benefits.--Chapter 36 of 
title 38, United States Code, is amended by adding at the end the 
following new section (and conforming the table of sections at the 
beginning of such chapter accordingly):
``Sec. 3699C. Grace period for individuals to maintain benefits
    ``(a) Requirement.--If the Secretary determines that a covered 
individual is not eligible for educational assistance described in 
subsection (b)(1) by reason of the covered individual failing to 
fulfill a single program requirement, the Secretary may not terminate 
the individual from using such assistance until--
            ``(1) the Secretary notifies the individual of such 
        failure; and
            ``(2) a period of 60 days has elapsed following such 
        notification.
    ``(b) Definitions.--In this section:
            ``(1) The term `covered individual' means an individual who 
        is entitled to educational assistance under chapter 30, 31, 32, 
        33, 34, 35, or 36 of this title or chapter 1606 or 1607 of 
        title 10.
            ``(2) The term `program requirement' means a requirement to 
        participate in educational assistance described in paragraph 
        (1) relating to any of the following:
                    ``(A) Missing a recertification appointment.
                    ``(B) Withdrawing from a class.
                    ``(C) With respect to a dependent, the death of the 
                veteran.
                    ``(D) Loss of employment.
                    ``(E) Any other requirement the Secretary 
                determines appropriate.''.
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