[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8127 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8127

    To establish a grant program for States that adopt the Uniform 
        Partition of Heirs Property Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2024

 Ms. Williams of Georgia (for herself, Mrs. Fletcher, Mr. Cleaver, and 
 Mr. Donalds) introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
    To establish a grant program for States that adopt the Uniform 
        Partition of Heirs Property Act, 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 ``Heirs Estate Inheritance Resolution 
and Succession Act of 2024'' or the ``HEIRS Act of 2024''.

SEC. 2. GRANTS FOR ELIGIBLE ENTITIES THAT ADOPT THE UNIFORM PARTITION 
              OF HEIRS PROPERTY ACT.

    (a) In General.--The Secretary of Housing and Urban Development 
shall, not later than 1 year after the date of the enactment of this 
section, establish a grant program that provides amounts to eligible 
entities that--
            (1) before the date of the enactment of this section, had 
        enacted or adopted the Uniform Partition of Heirs Property Act 
        as approved and recommended for enactment in all the States by 
        the National Conference of Commissioners on Uniform State Laws 
        in 2010 or a similar law that the Secretary determines is a 
        substantial equivalent; and
            (2) on or after the date of the enactment of this section, 
        enact or adopt the Uniform Partition of Heirs Property Act as 
        approved and recommended for enactment in all the States by the 
        National Conference of Commissioners on Uniform State Laws in 
        2010 or a similar law that the Secretary determines is a 
        substantial equivalent.
    (b) Use of Amounts.--
            (1) In general.--Each eligible entity that receives amounts 
        under this section shall use such amounts to assist residents 
        of such eligible entity with bona fide expenses relating to 
        establishing and documenting property ownership rights or 
        settling a decedent's estate, including fees and costs related 
        to obtaining title reports and title abstracts, copies of 
        public records, land surveys, estate planning, heirs search or 
        tracing services, recording and filing fees, notary fees, and 
        legal fees and expenses.
            (2) Layering of assistance.--An eligible entity that 
        receives amounts under this section may use such amounts to 
        assist residents of such State who are receiving assistance 
        from other sources, including Federal, State, local, private, 
        public, and nonprofit sources.
    (c) Regulations and Criteria for Selection.--The Secretary shall, 
not later than 1 year after the date of the enactment of this section, 
issue a rule to carry out this section, that includes criteria for the 
selection of recipients.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Housing and Urban Development $30,000,000 each 
        of year fiscal years 2025 through 2035 to carry out this 
        section.
            (2) Availability.--Any amounts appropriated under this 
        subsection shall remain available until expended.
    (e) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        ``State'' and a ``unit of general local government'' as such 
        terms are defined in section 102 of title 1 of the Housing and 
        Community Development Act of 1974 (42 U.S.C. 5302) a territory, 
        or a Tribal government.

SEC. 3. GRANTS TO PROVIDE ASSISTANCE RELATING TO HEIRS' PROPERTY 
              RESOLUTION.

    (a) In General.--The Secretary of Housing and Urban Development 
shall carry out a program under this section to provide grants each 
year to eligible entities to use to provide housing counseling, legal 
assistance, and financial assistance related to title clearing and home 
retention efforts for owners of heirs' property.
    (b) Awards.--The Secretary shall consider the following when 
awarding grants under this section:
            (1) Whether the eligible entity has a proven track record 
        of--
                    (A) providing assistance to homeowners;
                    (B) targeting services to minority and low- and 
                moderate-income persons; and
                    (C) providing services in neighborhoods that have a 
                high concentrations of minority persons or low- and 
                moderate-income persons.
            (2) Whether the eligible entity has planned or existing 
        partnerships with other eligible entities.
            (3) Whether the eligible entity is located in an area with 
        a high number of owners of heirs' property, as determined by 
        the Secretary.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary, for grants under this section, 
$10,000,000 in each of fiscal years 2025 through 2029.
    (d) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a HUD approved housing counseling agency;
                    (B) a legal services clinics operated by an 
                institute of higher education; or
                    (C) a qualifiying nonprofit.
            (2) Heirs' property.--The term ``heirs' property'' means 
        residential property for which title passed by operation of law 
        through intestacy and is held by two or more heirs as tenants 
        in common.
            (3) Hud approved housing counseling agency.--The term ``HUD 
        approved housing counseling agency'' means a housing counseling 
        agency found eligible to receive assistance by the Department 
        of Housing and Urban Development under section 106(a)(2) of the 
        Housing and Urban Development Act of 1968.
            (4) Low- and moderate-income persons.--
                    (A) In general.--The term ``low- and moderate-
                income persons'' means a person whose household income 
                does not exceed 120 percent of the median income for 
                the area, as determined by the Secretary, within 
                which--
                            (i) the heirs' property which respect to 
                        which the homeowner is seeking assistance is 
                        located; or
                            (ii) the place of residence of the 
                        homeowner is located.
                    (B) Exception.--If the area described in 
                subparagraph (A) is a high-cost area, as determined by 
                the Secretary, the term ``low- and moderate-income 
                persons'' means a homeowner whose household income does 
                not exceed 140 percent of the median income for the 
                area.
            (5) Qualifying nonprofit.--The term ``qualifying 
        nonprofit'' means a nonprofit, mission-driven entity that, as 
        determined by the Secretary--
                    (A) has a track record of providing assistance to 
                homeowners;
                    (B) targets services to minority and low- and 
                moderate-income persons; or
                    (C) provides services in neighborhoods that have 
                high concentrations of minority persons and low- and 
                moderate-income persons.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

SEC. 4. HEIRS' PROPERTY HOUSING COUNSELING.

    Section 106(g) of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701x(g)) is amended by adding at the end the following new 
paragraph:
            ``(6) Counseling with respect to heirs' property.--
                    ``(A) In general.--Any nonprofit organization that 
                receives amounts under this section shall, when 
                providing homeownership counseling services to 
                consumers--
                            ``(i) explain to such consumer what heirs' 
                        property is, the risks associated with heirs' 
                        property, and how to avoid heirs' property 
                        issues; and
                            ``(ii) inform consumers of all available 
                        estate planning and title clearing options, 
                        assistance, and services, including those 
                        offered under sections 2 and 3 of the Heirs 
                        Estate Inheritance Resolution and Succession 
                        Act of 2024.
                    ``(B) Referral.--The Secretary shall ensure that 
                each nonprofit organization that receives amounts under 
                this section knows how to refer consumers, where 
                appropriate, to mission-driven nonprofit organizations 
                and legal services clinics operated by institutes of 
                higher education that are capable of assisting a 
                consumer to clear title and with general estate 
                planning.
                    ``(C) Heirs' property.--The term `heirs' property' 
                means residential property for which title passed by 
                operation of law through intestacy and is held by two 
                or more heirs as tenants in common.''.
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