[Congressional Record Volume 145, Number 2 (Thursday, January 7, 1999)]
[Extensions of Remarks]
[Pages E61-E62]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           STATE OCCUPANCY STANDARDS AFFIRMATION ACT OF 1999

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                           HON. BILL McCOLLUM

                               of florida

                    in the house of representatives

                       Wednesday, January 6, 1999

  Mr. McCOLLUM. Mr. Speaker, today I am introducing legislation, the 
State Occupancy Standards Affirmation Act of 1999, declaring

[[Page E62]]

the rights of States in establishing occupancy standards for housing 
providers.
  During the 105th Congress the House Committee on Banking and 
Financing Services passed a public housing bill. Within the debate of 
this bill at the committee level, occupancy standards were discussed, 
but a real standard with real definitions was left out of the final 
product. This bill would amend the Quality Housing and Word 
Responsibility Act and insert the standards and definition that should 
have been put in originally.
  I believe that it is important to firmly establish the rights of the 
states in determining this standard, especially when considering that 
the Department of Housing and Urban Development (HUD) could require 
housing providers to house more people than is considered appropriate 
and reasonable.
  Currently, many states have occupancy laws or guidelines in place, 
and there is a national consensus among housing providers that the 
maximum number of occupants most housing can accommodate is two people 
per bedroom. This legislation allows the inclusion of one infant to the 
already established two-people-per-bedroom limit. Beyond this level, 
the negative effects of overcrowding, including providers possibly 
decreasing the stock of affordable housing, could be triggered. It is 
important that reasonable limits be set for the number of occupants in 
a housing unit to provide safe living conditions, to protect from 
property damage, and to make sure that requisite services can be 
provided for all residents.
  The bill I am introducing is a simple clarification of existing law 
and practice. It says that States, not HUD, will set occupancy 
standards and that a two-per-bedroom plus an infant standard is 
reasonable in the absence of a State law. American taxpayers have spent 
billions of dollars on HUD programs designed to reduce crowding. It is 
time to ensure that overcrowding will not be a possibility. I urge my 
colleagues to support this legislation.

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