[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4789 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4789

 To establish a competitive grant program at the Department of Housing 
  and Urban Development to support the construction, preservation, or 
rehabilitation of affordable workforce housing in areas with shortages 
     of affordable housing units for sale, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2022

  Ms. Hassan introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a competitive grant program at the Department of Housing 
  and Urban Development to support the construction, preservation, or 
rehabilitation of affordable workforce housing in areas with shortages 
     of affordable housing units for sale, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Expand Housing 
Opportunities Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--WORKFORCE HOUSING DEVELOPMENT ACT

Sec. 101. Short title.
Sec. 102. Competitive grant program to support workforce housing units.
        TITLE II--STATE AFFORDABLE HOUSING TRUST FUND MATCH ACT

Sec. 201. Short title.
Sec. 202. State affordable housing trust fund match.
                    TITLE III--PREVENT EVICTIONS ACT

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Landlord-tenant mediation competitive grant program.

               TITLE I--WORKFORCE HOUSING DEVELOPMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Workforce Housing Development 
Act''.

SEC. 102. COMPETITIVE GRANT PROGRAM TO SUPPORT WORKFORCE HOUSING UNITS.

    (a) Definitions.--In this section:
            (1) Affordable.--The term ``affordable'', with respect to a 
        workforce housing unit, means that the total housing costs for 
        the unit do not exceed 30 percent of the income of the buyer of 
        the workforce housing unit.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate; and
                    (B) the Committee on Financial Services of the 
                House of Representatives.
            (3) Dwelling.--The term ``dwelling'' means any building, 
        structure, or portion thereof that is occupied as, or designed 
        or intended for occupancy as, a residence by 1 or more 
        individuals.
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or unit of local government;
                    (B) a nonprofit housing developer;
                    (C) an agency or instrumentality of a State;
                    (D) a public housing agency;
                    (E) a community development financial institution, 
                as defined in section 103 of the Community Development 
                Banking and Financial Institutions Act of 1994 (12 
                U.S.C. 4702);
                    (F) a resident-owned community; and
                    (G) any other entity that supports housing 
                development, as determined by the Secretary.
            (5) First-time homebuyer.--The term ``first-time 
        homebuyer'' has the meaning given the term in section 104 of 
        the Cranston-Gonzalez National Affordable Housing Act (42 
        U.S.C. 12704).
            (6) Nonprofit housing developer.--The term ``nonprofit 
        housing developer'' means a nonprofit organization having as 
        one of its principal purposes the creation, development, or 
        preservation of housing, including a subsidiary of a public 
        housing agency.
            (7) Program.--The term ``Program'' means the grant program 
        established under this section.
            (8) Public housing agency; state.--The terms ``public 
        housing agency'' and ``State'' have the meanings given those 
        terms in section 3(b) of the United States Housing Act of 1937 
        (42 U.S.C. 1437a(b)).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (10) Total housing costs.--The term ``total housing costs'' 
        means mortgage principal and interest, taxes, and insurance.
            (11) Workforce housing unit.--The term ``workforce housing 
        unit'' means a 1- to 4-unit dwelling--
                    (A) that is the primary residence of the buyer;
                    (B) in which none of the units are rented; and
                    (C) that is affordable to buyers with incomes of 
                not more than 100 percent of the area median income.
    (b) Establishment.--The Secretary shall establish a competitive 
grant program to award grants to eligible entities to increase the 
supply of affordable workforce housing units.
    (c) Use of Funds.--A recipient of a grant under the Program shall 
use grant funds for the construction, preservation, or rehabilitation 
of workforce housing units, which shall remain affordable for a period 
of not less than 5 years from the sale of the workforce housing unit.
    (d) Application and Selection Process.--
            (1) Application.--An eligible entity desiring a grant under 
        the Program shall submit to the Secretary an application at 
        such time, in such manner, and containing--
                    (A) a description of the construction, 
                preservation, or rehabilitation projects to be 
                supported by the grant; and
                    (B) any additional information as the Secretary may 
                require.
            (2) Selection of grantees.--
                    (A) In general.--The Secretary shall establish 
                criteria to award grants under the Program on a 
                competitive basis, which may include consideration of 
                whether--
                            (i) the median price of workforce housing 
                        units in the area to be served by the grant is 
                        increasing;
                            (ii) the supply of available workforce 
                        housing units in the area to be served by the 
                        grant is decreasing; and
                            (iii) whether employers in the area to be 
                        served by the grant are struggling to recruit 
                        employees due to the lack of affordable housing 
                        options.
                    (B) Priority.--The Secretary shall prioritize 
                awarding grants to eligible entities that demonstrate a 
                lack of affordable workforce housing units in the area 
                to be served by the grant.
    (e) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, and each year thereafter, the Secretary shall 
submit to the appropriate congressional committees a report on the 
implementation of the Program, which shall include--
            (1) a list of grant recipients and the amount awarded to 
        each grant recipient;
            (2) a description of the projects assisted using grant 
        funds, including the number of affordable workforce housing 
        units created, preserved, and rehabilitated under the Program;
            (3) a description of the households that purchased homes 
        assisted under the Program, including the number of first-time 
        homebuyers; and
            (4) any other metrics that the Secretary determines 
        necessary.
    (f) Workforce Housing Development Fund.--
            (1) In general.--There is established in the Treasury a 
        fund to be known as the ``Workforce Housing Development Fund'' 
        to carry out the Program.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated and deposited into the fund established 
        under paragraph (1) such sums as may be necessary for fiscal 
        year 2023 and each fiscal year thereafter.

        TITLE II--STATE AFFORDABLE HOUSING TRUST FUND MATCH ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``State Affordable Housing Trust 
Fund Match Act''.

SEC. 202. STATE AFFORDABLE HOUSING TRUST FUND MATCH.

    Section 217 of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 12747) is amended by adding at the end the following:
    ``(e) State Affordable Housing Trust Fund Match.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Affordable housing needs.--The term 
                `affordable housing needs' means housing, housing 
                construction, or housing improvements designated for 
                low-income individuals, including individuals 
                experiencing substance use disorders, veterans, 
                individuals in rural communities, individuals 
                experiencing homelessness, or individuals experiencing 
                disabilities.
                    ``(B) Bonus amount.--The term `bonus amount' means 
                an increased amount allocated to a State under 
                paragraph (2)(A).
                    ``(C) Covered housing assistance.--The term 
                `covered housing assistance'--
                            ``(i) means housing-related assistance 
                        that--
                                    ``(I) is provided by the Federal 
                                Government or a State or local 
                                government, or an agency or 
                                instrumentality thereof; and
                                    ``(II) imposes affordable housing 
                                quality or safety measures that are 
                                acceptable to the Secretary; and
                            ``(ii) includes--
                                    ``(I) assistance provided under--
                                            ``(aa) the HOME Investment 
                                        Partnerships Program under this 
                                        title;
                                            ``(bb) the Federal Housing 
                                        Administration's Risk-Sharing 
                                        Programs under section 542 of 
                                        the Housing and Community 
                                        Development Act of 1992 (12 
                                        U.S.C. 1715z-22);
                                            ``(cc) 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.); or
                                            ``(dd) the Housing Trust 
                                        Fund under section 1338 of the 
                                        Federal Housing Enterprises 
                                        Financial Safety and Soundness 
                                        Act of 1992 (12 U.S.C. 4568);
                                    ``(II) tax credits provided under 
                                section 42 of the Internal Revenue Code 
                                of 1986; and
                                    ``(III) funding derived from 
                                proceeds of bonds that are--
                                            ``(aa) exempt from tax 
                                        under section 103 of the 
                                        Internal Revenue Code of 1986; 
                                        and
                                            ``(bb) part of an issue 95 
                                        percent or more of the proceeds 
                                        of which are used to provide 
                                        qualified residential rental 
                                        projects (as defined in section 
                                        142(d) of such Code).
                    ``(D) COVID-19 emergency period.--The term `COVID-
                19 emergency period' means the period beginning in 
                fiscal year 2020 and ending in the fiscal year that 
                begins after the last day of the public health 
                emergency declared by the Secretary of Health and Human 
                Services under section 319 of the Public Health Service 
                Act (42 U.S.C. 247d) with respect to COVID-19.
                    ``(E) Eligible state.--
                            ``(i) In general.--The term `eligible 
                        State', with respect to eligibility to receive 
                        a bonus amount for a fiscal year, means a State 
                        that made a qualifying expenditure during any 
                        of the 3 preceding fiscal years, subject to 
                        clause (ii).
                            ``(ii) COVID-19 emergency.--If the 3-fiscal 
                        year period referred to in clause (i) would 
                        include a fiscal year occurring during the 
                        COVID-19 emergency period, a State may elect to 
                        have the Secretary apply that clause by 
                        substituting `the 3 most recent fiscal years 
                        that did not coincide with the COVID-19 
                        emergency period' for `the 3 preceding fiscal 
                        years'.
                    ``(F) Housing for individuals experiencing 
                substance use disorders.--The term `housing for 
                individuals experiencing substance use disorders' 
                means--
                            ``(i) housing that--
                                    ``(I) is designed to meet the needs 
                                of an individual experiencing a 
                                substance use disorder or a family that 
                                includes such an individual; and
                                    ``(II) makes available supportive 
                                services that address the physical 
                                health, mental health, behavioral 
                                health, substance use treatment, or 
                                other needs of an individual described 
                                in subclause (I), which may include 
                                such services to the family of the 
                                individual; and
                            ``(ii) recovery housing, as defined in 
                        section 550 of the Public Health Service Act 
                        (42 U.S.C. 290ee-5).
                    ``(G) Qualifying expenditure.--The term `qualifying 
                expenditure' means an expenditure--
                            ``(i) that was obligated, through a State 
                        affordable housing trust fund, for a project 
                        that also received covered housing assistance;
                            ``(ii)(I) not less than 20 percent of the 
                        beneficiaries of which are households with an 
                        income that is not more than 30 percent of the 
                        area median income; or
                            ``(II) not less than 40 percent of the 
                        beneficiaries of which are households with an 
                        income that is not more than 60 percent of the 
                        area median income;
                            ``(iii) that has a period of affordability 
                        of not less than 15 years; and
                            ``(iv) that has not been counted for 
                        purposes of the non-Federal matching 
                        requirement under section 220.
                    ``(H) Qualifying expenditure for extremely low-
                income households.--The term `qualifying expenditure 
                for extremely low-income households' means a qualifying 
                expenditure that satisfies the criterion under 
                subclause (I) of subparagraph (G)(ii).
                    ``(I) Qualifying expenditure for low-income 
                households.--The term `qualifying expenditure for low-
                income households' means a qualifying expenditure that 
                satisfies the criterion under subclause (II) of 
                subparagraph (G)(ii).
                    ``(J) State affordable housing trust fund.--The 
                term `State affordable housing trust fund' means a fund 
                operated by a State, or an agency or instrumentality 
                thereof--
                            ``(i) that--
                                    ``(I) provides financial assistance 
                                for a variety of affordable housing 
                                needs; and
                                    ``(II) receives public funding; and
                            ``(ii) without regard to whether the State 
                        (or agency or instrumentality) designates the 
                        fund as a `trust fund' or otherwise.
            ``(2) Bonus amounts.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                fiscal year 2023 and each fiscal year thereafter, with 
                respect to an eligible State that submits a complete 
                application to the Secretary under paragraph (4), the 
                Secretary shall increase the amount that would 
                otherwise be allocated to the State under this section 
                by an amount equal to the sum of the amounts calculated 
                by the Secretary for the State under subparagraphs (A) 
                and (B) of paragraph (3).
                    ``(B) Demand exceeding available funds.--If the 
                total amount of bonus amounts that would otherwise be 
                allocated under subparagraph (A) for a fiscal year 
                exceeds the amounts made available to carry out this 
                subsection for that fiscal year, the Secretary shall 
                reduce the bonus amount allocated to each State under 
                subparagraph (A) on a pro rata basis.
            ``(3) Bonus amount formulas.--
                    ``(A) Standard amount.--The amount calculated under 
                this subparagraph for a State for a fiscal year shall 
                be 50 percent of the average amount that the State 
                obligated for qualifying expenditures for low-income 
                households during each of the preceding 3 fiscal years, 
                subject to subparagraph (D).
                    ``(B) Enhanced amount.--The amount calculated under 
                this subparagraph for a State for a fiscal year shall 
                be not more than 75 percent of the average amount that 
                the State obligated, during each of the preceding 3 
                fiscal years, subject to subparagraph (D), for--
                            ``(i) qualifying expenditures for low-
                        income households for projects that 
                        substantially complied with the definition of 
                        the term `housing for individuals experiencing 
                        substance use disorders' under paragraph (1); 
                        or
                            ``(ii) qualifying expenditures for 
                        extremely low-income households.
                    ``(C) No double-counting of qualifying 
                expenditures.--A qualifying expenditure by a State or 
                State-designated entity counted under subparagraph (B) 
                may not be counted under subparagraph (A).
                    ``(D) COVID-19 emergency.--If the 3-fiscal year 
                period referred to in subparagraphs (A) and (B) would 
                include a fiscal year occurring during the COVID-19 
                emergency period, a State may elect to have the 
                Secretary make the calculation under those 
                subparagraphs using the 3 most recent fiscal years that 
                did not coincide with the COVID-19 emergency period.
            ``(4) Application.--
                    ``(A) In general.--An eligible State that wishes to 
                receive a bonus amount shall submit to the Secretary an 
                application, as part of the annual action plan required 
                under section 91.320 of title 24, Code of Federal 
                Regulations (or any successor regulation), in 
                accordance with subparagraph (B).
                    ``(B) Contents.--An application submitted under 
                subparagraph (A) shall include, for purposes of 
                determining the amount of the bonus amount--
                            ``(i) a list of each qualifying expenditure 
                        that the State wishes to be counted for 
                        purposes of calculating the amount of the bonus 
                        amount, including the fiscal year in which the 
                        qualifying expenditure was made;
                            ``(ii) a description of each project that 
                        the State has funded using a qualifying 
                        expenditure described in clause (i);
                            ``(iii) whether the State wishes each 
                        qualifying expenditure described in clause (i) 
                        to be counted in calculating--
                                    ``(I) the standard amount under 
                                paragraph (3)(A); or
                                    ``(II) the enhanced amount under 
                                paragraph (3)(B);
                            ``(iv) the amount of each qualifying 
                        expenditure described in clause (i);
                            ``(v) an explanation of how each qualifying 
                        expenditure described in clause (i)--
                                    ``(I) satisfies the definition of 
                                the term `qualifying expenditure' under 
                                paragraph (1), including the 
                                requirement under clause (i) of that 
                                definition; and
                                    ``(II) if applicable--
                                            ``(aa) funded a project 
                                        that substantially complies 
                                        with the definition of the term 
                                        `housing for individuals 
                                        experiencing substance use 
                                        disorders' under paragraph (1); 
                                        or
                                            ``(bb) was a qualifying 
                                        expenditure for extremely low-
                                        income households; and
                            ``(vi) a timeline for completion of each 
                        project described in clause (ii).
                    ``(C) Tracking of funds.--The Secretary shall, for 
                each State that wishes to receive a bonus amount--
                            ``(i) require the State to develop and 
                        maintain a system to--
                                    ``(I) track obligated funds from a 
                                State affordable housing trust fund; 
                                and
                                    ``(II) ensure that each obligation 
                                described in subclause (I) that the 
                                State claims as a qualifying 
                                expenditure under subparagraph (B)(i) 
                                constitutes a qualifying expenditure; 
                                and
                            ``(ii) establish minimum requirements for 
                        agreements, between the State and each entity 
                        that receives assistance from the State in the 
                        form of a qualifying expenditure, which shall 
                        include--
                                    ``(I) appropriate periodic 
                                financial and project reporting, record 
                                retention, and audit requirements for 
                                the duration of the assistance to 
                                ensure compliance with the definition 
                                of the term `qualifying expenditure' 
                                under paragraph (1); and
                                    ``(II) any other requirements that 
                                the Secretary determines are necessary 
                                to ensure appropriate administration of 
                                amounts from State affordable housing 
                                trust funds for purposes of this 
                                subsection.
            ``(5) Oversight.--
                    ``(A) Report to congress.--Not later than September 
                30, 2026, and every 4 years thereafter, the Secretary 
                shall submit a report to Congress regarding the 
                implementation of this subsection during the preceding 
                4-year period.
                    ``(B) Contents.--In each report submitted under 
                subparagraph (A), the Secretary shall--
                            ``(i) identify each State that received a 
                        bonus amount, and the amount of the bonus 
                        amount;
                            ``(ii) describe whether States have 
                        increased investment in and obligation of funds 
                        from State affordable housing trust funds as a 
                        result of the increased funding provided under 
                        this subsection;
                            ``(iii) describe how many more units were 
                        created by the bonus amount in each State that 
                        received a bonus amount;
                            ``(iv) describe the populations targeted by 
                        projects that were funded with qualifying 
                        expenditures or funded by bonus amounts, such 
                        as individuals experiencing substance use 
                        disorders, veterans, individuals in rural 
                        communities, individuals experiencing 
                        homelessness, or individuals experiencing 
                        disabilities;
                            ``(v) describe the average length of 
                        affordability periods for--
                                    ``(I) projects funded with 
                                qualifying expenditures; and
                                    ``(II) projects funded by bonus 
                                amounts;
                            ``(vi) for each State that received a bonus 
                        amount, describe whether the State used the 
                        bonus amount for--
                                    ``(I) rehabilitation of owner-
                                occupied housing;
                                    ``(II) assistance to home buyers; 
                                or
                                    ``(III) rental housing activities; 
                                and
                            ``(vii) assess any other metric that the 
                        Secretary determines necessary.
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary for fiscal year 
        2023 and each fiscal year thereafter such amounts as may be 
        necessary to carry out this subsection.
            ``(7) Relation to minimum state allocation.--Nothing in 
        this subsection shall be construed to authorize the Secretary 
        to consider the amount of a bonus amount allocated to a State 
        in determining under subsection (b)(2) whether the formula 
        established under subsection (b) would allocate less than 
        $3,000,000 to the State.''.

                    TITLE III--PREVENT EVICTIONS ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Prevent Evictions Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Covered grant.--The term ``covered grant'' means an 
        implementation grant or program expansion grant.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State or a court thereof, a political subdivision of a State or 
        a court thereof, a Tribal government, or any other appropriate 
        public or nonprofit entity as determined by the Secretary, that 
        is formulating or carrying out a program that primarily 
        involves meditation between landlords and tenants.
            (3) Implementation grant.--The term ``implementation 
        grant'' means a grant awarded under section 303(b).
            (4) Program expansion grant.--The term ``program expansion 
        grant'' means a grant awarded under section 303(c).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

SEC. 303. LANDLORD-TENANT MEDIATION COMPETITIVE GRANT PROGRAM.

    (a) In General.--The Secretary shall award competitive grants under 
subsections (b) and (c) to eligible entities to assist those entities 
in establishing and administering, or continuing, landlord-tenant 
mediation programs.
    (b) Implementation Grants.--
            (1) In general.--The Secretary shall award competitive 
        grants to eligible entities to assist the entities in 
        establishing and administering landlord-tenant mediation 
        programs.
            (2) Term.--The term of an implementation grant shall be 2 
        years.
            (3) Amount.--The amount of an implementation grant shall be 
        not more than $1,500,000.
            (4) Use of funds.--An eligible entity may use an 
        implementation grant to establish--
                    (A) a statewide mediation program; or
                    (B) a mediation program in a political subdivision 
                of a State or in the jurisdiction of an Indian Tribe 
                that demonstrates a high need for such a program due 
                to--
                            (i) the rate of evictions in the political 
                        subdivision or Tribal jurisdiction; or
                            (ii) other characteristics of the political 
                        subdivision or Indian Tribe that contribute to 
                        the rate of evictions in the political 
                        subdivision or Tribal jurisdiction.
            (5) Federal share.--The Federal share of the cost of a 
        mediation program established using an implementation grant may 
        not exceed 50 percent.
    (c) Program Expansion Grants.--
            (1) In general.--The Secretary shall award competitive 
        grants to eligible entities to assist the entities in 
        continuing activities related to landlord-tenant mediation.
            (2) Term.--The term of a program expansion grant shall be 3 
        years.
            (3) Amount.--The amount of a program expansion grant shall 
        be not more than $1,000,000.
            (4) Maintenance of effort.--
                    (A) In general.--Subject to subparagraph (B), 
                amounts made available to an eligible entity under a 
                program expansion grant shall be used to supplement, 
                and not supplant, contributions made by the eligible 
                entity for existing landlord-tenant mediation 
                activities.
                    (B) Reduction of existing funding.--To the extent 
                that amounts from a program expansion grant are used to 
                replace funding for existing landlord-tenant mediation 
                activities that is reduced for reasons beyond the 
                control of the eligible entity, such use shall not be 
                considered supplanting of amounts contributed by the 
                eligible entity for purposes of subparagraph (A).
    (d) General Rules for Covered Grants.--
            (1) Use of funds.--An eligible entity may use a covered 
        grant to pay for operating costs, staff salaries, mediator 
        compensation, information technology, interpreters, outreach 
        services, and recruitment.
            (2) Good faith participation.--An eligible entity that 
        receives a covered grant shall encourage each party 
        participating in the landlord-tenant mediation program funded 
        by the grant to make a good faith effort to discuss potential 
        resolutions.
            (3) Geographic and population diversity.--The Secretary 
        shall ensure, to the maximum extent practicable, that 
        recipients of covered grants represent--
                    (A) diverse geographical areas of the United 
                States; and
                    (B) States, political subdivisions of States, and 
                Indian Tribes of varying population sizes.
            (4) Free to tenants.--A tenant may not be charged for 
        participating in landlord-tenant mediation funded by a covered 
        grant.
    (e) Oversight Requirements.--For each year of a covered grant 
received by an eligible entity, the eligible entity shall submit to the 
Secretary a report that--
            (1) describes how the eligible entity used the grant funds 
        during that year; and
            (2) includes any performance data, relating to programs 
        funded by the covered grant, that the eligible entity submitted 
        to a State or political subdivision thereof, if applicable.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2023 and each fiscal year thereafter.
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