[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3452 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3452
To make housing affordable, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2020
Mr. Merkley introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To make housing affordable, 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 ``Affordable Housing
Opportunities Made Equitable Act'' or the ``Affordable HOME Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--HOMEOWNERSHIP
Sec. 101. Direct down payment assistance.
Sec. 102. Mortgage interest tax credit.
Sec. 103. Positive rental history credit enhancement.
Sec. 104. Individual development accounts.
Sec. 105. Shared equity homeownership initiative.
Sec. 106. National right of first refusal.
Sec. 107. No cause evictions.
Sec. 108. Right to Counsel.
Sec. 109. Landlord guarantee program.
Sec. 110. Including all forms of housing in HUD consolidated plan.
Sec. 111. Prohibiting discrimination against voucher holders.
Sec. 112. Fair market rent appeal.
Sec. 113. Office of restorative housing justice.
TITLE II--CONSTRUCTION AND PRESERVATION
Sec. 201. Housing Trust Fund.
Sec. 202. Rural housing trust fund construction of USDA multifamily
housing for low-income families.
Sec. 203. Strategy and investment in rural housing.
Sec. 204. Manufactured housing preservation strategy and investment.
Sec. 205. Community energy savings program.
TITLE III--HOUSING ASSISTANCE FOR HOMELESS AND LOW-INCOME FAMILIES
Sec. 301. Increasing direct rental assistance.
Sec. 302. Supportive tiny housing village innovation pilot program.
Sec. 303. Permanent supportive housing.
Sec. 304. Navigation center pilot program.
TITLE IV--HOUSING AND HOMELESSNESS INNOVATION
Sec. 401. Housing and homelessness innovation research centers.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is experiencing an ongoing affordable
housing crisis that the Federal Government has failed to
adequately or proportionately address. The Harvard Housing
Center found that about half of all renters in the United
States spent more than 30 percent of their incomes on rent and
utilities, while 1 in 4 renters spent more than half their
incomes on housing in 2018. Although developers have increased
new home construction in recent years, the impacts of increased
supply have not alleviated pricing pressures evenly across
income distributions. Often, housing developers focus new
development on the most profitable sectors, increasing
construction in the luxury housing market and leaving a void in
affordable home construction. The most disadvantaged
populations are left defenseless, without affordable housing
options and at risk of eviction and displacement due to rising
rents.
(2) In 2019, an average of 568,000 people experienced
homelessness at a single point in time. Despite this large
number of unhoused people in the United States, the housing
choice voucher program, one of our most essential housing
safety nets, had multi-year wait lists in many areas. The
public housing agencies that administer these vouchers continue
to experience serious underfunding since Congress has only
provided funding for administrative expenses prorated at 80
percent.
(3) The current housing affordability crisis does not
impact all Americans equally--it is felt most acutely by people
of color, and in particular African Americans, a testament to
the lingering impacts of discriminatory housing policies.
African Americans represent 40 percent of all people
experiencing homelessness in the United States, while only
accounting for 13 percent of the United States population.
(4) In 1933, the Federal Government created the Home
Owners' Loan Corporation, which played a pivotal role in the
development and racial segregation of the United States housing
market, also known as redlining. By deeming certain
neighborhoods as hazardous and limiting investment in others,
the Federal Government firmly established racially segregated
neighborhoods throughout the United States.
(5) Predatory use of eminent domain in predominantly
African-American neighborhoods was coupled by Federal urban
renewal projects in the latter half of the 20th century, which
cleared out homes and businesses throughout many of these
communities.
(6) Several areas of the United States saw an influx of
African Americans migrating from the Deep South in pursuit of
better economic opportunities. The Federal Government and State
and local municipalities and their policies heavily influenced
where this population settled.
(7) Historical restrictions on homeownership have driven
disparate impacts for Black Americans, indigenous people, and
people of color across most sectors of social existence. In the
fourth quarter of 2018, the homeownership rate among Black
Americans was 43.6 percent, while the Hispanic homeownership
rate was 46.9 percent. In comparison, the White (non-Hispanic)
homeownership rate was 73.6 percent in the fourth quarter of
2018, more than the all-minority homeownership rate. Creating
policies and programs that encourage homeownership for the most
disadvantaged is necessary to achieve equitable outcomes for
all people in the United States.
(8) Generations of African Americans have been
systematically displaced and that legacy is still felt by
descendants today.
(9) Despite these clear and documented patterns, the
Federal Government has not dedicated significant attention and
resources to remedy the historical legacies of redlining, urban
renewal, and other explicitly and intentionally racist housing
policies.
(10) Housing impacts education policy and outcomes. Low-
income students who lack a quality education are less likely to
pursue education or training beyond high school, and thus more
likely to live in low-income neighborhoods. Schools with a
large concentration of low-income students are classified as
title I schools, and in 2016, the largest racial demographic in
those schools were African-American children, followed by White
children. Generally, school districts are largely funded by
local property taxes, and low-income neighborhoods have lower
home values. School districts are therefore unable to provide a
high quality education to their students. The property value
funding mechanism perpetuates a systematic cycle that keeps
low-income African-American people in poverty, with very little
opportunity for upward mobility. Some States have tried to
wrestle with this systematic cycle by redesigning the funding
formula, yet the lasting implications of inequitable funding
structures remain.
(11) Data demonstrates that communities of color and low-
income families experience the adverse consequence of
displacement the most due to Federal, State, and local
inequitable housing policies. As a result, disparities have
occurred, diminishing or outright denying opportunities to
obtain homeownership and access to generational wealth within
these means. As living preferences change, current trends
demonstrate that urban areas once comprised of higher
concentrations of low income people and people of color have
become more desirable and sought after by affluent people with
different identities of those displaced--this is also known as
gentrification.
(12) Congress should address and continue to study the
ramifications of structural racism and social class disparities
within Federal housing policies. This can be done by targeting
displacement, homelessness, housing affordability, enforcing
tenant protections, providing landlords with incentives to
participate in affordable housing programs, and facilitating
access to resources that lead to homeownership.
(13) This Act aims to address the shortcomings of our
current housing policies and funding levels by holistically
addressing disparities and systematic obstacles and ensuring an
equitable outcome for the most vulnerable Americans.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
(3) Manufactured home.--The term ``manufactured home''--
(A) has the meaning given the term in section 603
of the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5402);
(B) includes a home described in subparagraph (A)
without regard to whether the home was built before,
on, or after the date on which the construction and
safety standards established under section 604 of that
Act (42 U.S.C. 5403) became effective; and
(C) shall not include any self-propelled
recreational vehicle.
(4) Manufactured housing community.--The term
``manufactured housing community'' means a community comprised
primarily of manufactured homes used primarily for residential
purposes.
(5) Public housing agency.--The term ``public housing
agency'' has the meaning given the term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(7) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
TITLE I--HOMEOWNERSHIP
SEC. 101. DIRECT DOWN PAYMENT ASSISTANCE.
(a) Definitions.--In this section:
(1) Eligible household.--The term ``eligible household''
means a household with an income that is less than 140 percent
of the area median income.
(2) Share equity home; shared equity homeownership
program.--The terms ``shared equity home'' and ``shared equity
homeownership program'' have the meanings given those terms in
section 105(a).
(b) Establishment.--The Secretary shall establish a program to
provide grants to State housing finance agencies to establish new or
supplement existing down payment assistance programs for eligible
households located within the State.
(c) Requirements for Eligible Households.--An eligible household
receiving assistance from a grant provided under this section shall--
(1) participate in housing counseling provided by--
(A) an organization approved by the Department of
Housing and Urban Development; or
(B) a culturally specific nonprofit organization;
and
(2) use the assistance for a down payment on a property to
be used by the eligible household as a primary residence for a
period of not less than 10 years.
(d) No Restriction on Housing.--An eligible household may use
assistance received from a grant provided under this section for a down
payment on any type of dwelling that shall be used as a primary
residence, including a manufactured housing unit, residential property
under 400 square feet, a condominium, or a cooperative.
(e) Unrestricted Co-Borrowers Pilot.--There shall be reserved 2
percent of the funds made available under this section for grantees to
carry out a pilot down payment assistance program serving more than 2
co-borrowers receiving assistance from a grant provided under this
section.
(f) Supplement for Shared Equity Home Purchases.--A grantee shall
establish a 25 percent supplemental bonus down payment for eligible
households that are seeking to purchase an existing shared equity home
or cooperative or bring a property into a shared equity homeownership
program or cooperative with funds made available under this section.
(g) Limitation.--The aggregate amount treated as acquisition
indebtedness for purposes of this section for any period shall not
exceed the limitation governing the maximum original principal
obligation for a mortgage secured by a single-family residence, as
determined and adjusted annually under section 302(b)(2) of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) and
section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1454(a)(2)).
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $1,000,000,000 for each of fiscal years
2021 through 2030.
(2) Set aside for fund.--An amount equal to 20 percent of
the funds appropriated under paragraph (1) in a fiscal year
shall be set aside and transferred to the Restorative Housing
Justice Fund established under section 113(h).
(3) Set aside for indian tribes.--Of the amount
appropriated under paragraph (1) for each fiscal year, the
Secretary shall allocate as grant funds--
(A) 98 percent to be provided to States; and
(B) 2 percent to be provided to Indian tribes in
accordance with paragraph (4).
(4) Allocation to indian tribes.--Of the amount allocated
for Indian tribes under paragraph (3)(B), the Secretary shall
allocate funds to each Indian tribe participating in the
program during that fiscal year based on a formula established
by the Secretary that takes into account any factor that the
Secretary determines to be appropriate.
(5) Publication of allocation formulas.--Not later than 90
days before the beginning of each fiscal year for which grants
are provided to States and Indian tribes under this section,
the Secretary shall publish in the Federal Register the
formulas for allocation established under this subsection.
SEC. 102. MORTGAGE INTEREST TAX CREDIT.
(a) Allowance of Credit.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 25D the following new section:
``SEC. 25A-1. MORTGAGE INTEREST.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to 15
percent of the qualified mortgage interest paid or accrued by the
taxpayer during the taxable year.
``(b) Qualified Mortgage Interest.--For purposes of this section--
``(1) In general.--The term `qualified mortgage interest'
means interest paid or accrued on acquisition indebtedness (as
defined in section 163(h)(3)(B)(i)) with respect to a residence
of the taxpayer which is the principal residence (within the
meaning of section 121) of the taxpayer.
``(2) Limitation.--The aggregate amount treated as
acquisition indebtedness for purposes of this section for any
period shall not exceed the limitation governing the maximum
original principal obligation for a mortgage secured by a
single-family residence, as determined and adjusted annually
under section 302(b)(2) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717(b)(2)) and section
305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1454(a)(2)).
``(3) Treatment of mortgage insurance premiums.--Rules
similar to the rules of section 163(h)(3)(E) shall apply.
``(4) Cooperative housing corporations; unenforceable
security interests; estates and trusts.--Rules similar to the
rules of subparagraphs (B), (C), and (D) of section 163(h)(4)
shall apply.
``(c) Election.--A taxpayer may elect not to have this section
apply with respect to qualified mortgage interest paid or accrued by
the taxpayer for any taxable year.
``(d) Coordination With Other Provisions.--No credit shall be
allowed under this section for any taxable year with respect any
residence if--
``(1) a deduction is allowed for such taxable year under
section 163 with respect to such residence, or
``(2) a credit is allowed for such taxable year under
section 25 with respect to such residence.''.
(2) Clerical amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 of such Code is
amended by inserting after the item relating to section 25 the
following new item:
``Sec. 25A-1. Mortgage interest.''.
(b) Coordination With Existing Credit.--
(1) In general.--Section 25 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subsections:
``(j) Election.--A taxpayer may elect not to have this section
apply for any taxable year.
``(k) Coordination.--No credit shall be allowed under this section
for any taxable year with respect to a if a credit is allowed for such
taxable year under section 25A-1 with respect to such residence.''.
(2) Conforming amendment.--Section 6501(m) of such Code is
amended by inserting ``25(j), 25A-1(c),'' before ``30B(h)(9)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 103. POSITIVE RENTAL HISTORY CREDIT ENHANCEMENT.
Not later than 180 days after the date of enactment of this Act,
the Director of the Federal Housing Finance Agency shall issue
supervisory guidance requiring, to the greatest extent practicable,
that not less than 5 percent of mortgages securitized by the Federal
Home Loan Mortgage Corporation or the Federal National Mortgage
Association by 2024 factor borrower opt-in positive rental payment
history in the credit rating and underwriting process with respect to
those mortgages.
SEC. 104. INDIVIDUAL DEVELOPMENT ACCOUNTS.
(a) In General.--Section 416 of the Assets for Independence Act (42
U.S.C. 604 note) is amended by striking ``$25,000,000 for each of
fiscal years 1999, 2000, 2001, 2002, and 2003,'' and inserting
``$100,000,000 for each of fiscal years 2021 through 2030,''.
(b) Set Aside.--An amount equal to 10 percent of the funds
appropriated under section 416 of the Assets for Independence Act (42
U.S.C. 604 note) in a fiscal year shall be set aside and transferred to
the Restorative Housing Justice Fund established under section 113(h).
SEC. 105. SHARED EQUITY HOMEOWNERSHIP INITIATIVE.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a participating jurisdiction; and
(B) an entity certified as a community development
financial institution by the Community Development
Financial Institutions Fund established under section
104(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).
(2) Eligible household.--The term ``eligible household''
means a household described in subsection (e).
(3) Participating jurisdiction.--The term ``participating
jurisdiction'' has the meaning given the term in section 92.2
of title 24, Code of Federal Regulations, or any successor
regulation.
(4) Shared equity home.--The term ``shared equity home''
means a dwelling unit serving an eligible household that
utilizes a ground lease, deed restriction, subordinate loan, or
similar legal mechanism that includes provisions stating that--
(A) the dwelling unit is intended to be kept
affordable for subsequent eligible households;
(B) the affordability term is not less than 60
years after recordation;
(C) a resale formula applies that limits the
proceeds of the homeowner upon resale; and
(D) the shared equity homeownership program, its
agent, or its assignee has a preemptive option to
purchase the dwelling unit from the homeowner at
resale.
(5) Shared equity homeownership program.--The term ``shared
equity homeownership program'' means a program that--
(A) provides access to shared equity homes for
eligible households; and
(B) is administered by community land trusts, other
nonprofit organizations, or State or local governments
or instrumentalities.
(6) Subsidy to cover the affordability gap.--The term
``subsidy to cover the affordability gap'' means the subsidy
amount needed to make a dwelling unit affordable at a targeted
area median income level in a targeted market, such as a census
tract, neighborhood, county, city, or metropolitan statistical
area, that--
(A) accounts for the number of bedrooms in a
dwelling unit and the area median income adjusted for
family size; and
(B) shall be not be less than 20 percent of the
median sales price in the targeted market.
(b) Establishment.--The Secretary shall provide grants to eligible
entities to establish and expand shared equity homeownership programs
and shared equity homes, including through partnerships with nonprofit
entities, community land trusts, or State or local governments or
instrumentalities.
(c) Types of Grants.--
(1) Grants for planning and capacity building.--The
Secretary may award 3-year grants under this section to
eligible entities to provide grants to nonprofit entities,
community land trusts, or State or local governments or
instrumentalities to develop shared equity homeownership
programs or community land trusts or to plan and build capacity
related to carrying out grant activities under this section.
(2) Grants for expanding the number of shared equity
homes.--The Secretary may award grants under this section to
eligible entities to expand the number of shared equity homes
in existing shared equity homeownership programs, which may
include--
(A) grants for acquisition and rehabilitation or
new construction to create shared equity homes and
includes subsidy to cover the affordability gap; and
(B) grants to implement a buyer-initiated program,
where eligible households identify homes in the market
and bring them into the shared equity homeownership
program, which may include subsidy to cover the
affordability gap and funds necessary for
rehabilitation or repair of the property.
(3) Limitation.--The amount of grants provided under
paragraph (1) in a fiscal year shall be limited to not more
than 25 percent of the amount appropriated in the fiscal year
under subsection (h).
(d) Eligible Grant Expenses.--An eligible entity receiving a grant
under (c)(2) may use the funds--
(1) to provide a developer with a subsidy to cover the
affordability gap, which funds may be used to acquire
properties and conduct rehabilitation or to construct new homes
before the property is converted to shared equity
homeownership;
(2) for acquisition, rehabilitation, and development
expenses that are not covered by a subsidy provided under
paragraph (1), including a developer fee;
(3) for capitalization of repair and replacement reserves,
which funds may be used for repair and replacement expenses
between resales to repair or improve a property so that a
subsequent eligible households is not financially vulnerable
due to deferred maintenance;
(4) to provide initial stewardship funds to support the
operations of the shared equity homeownership program; and
(5) for the cost of administering the shared equity
homeownership program, such as identifying and qualifying
eligible households.
(e) Eligible Households.--Shared equity homeownership programs
receiving funds under this section may serve households with an income
under 120 percent of the area median income, as adjusted for household
size, based upon the needs of the targeted market.
(f) Technical Assistance and Capacity Building Hub.--The Secretary
shall establish a dedicated shared equity housing professional
technical assistance hub entity to educate and engage with local
partners to share best practices and otherwise facilitate the shared
equity homeownership model.
(g) Annual Report.--The Secretary shall establish a data collection
hub to which all eligible entities receiving a grant under this section
shall report on an annual basis--
(1) the number of shared equity homes created;
(2) the number of households served;
(3) eligible household demographic characteristics; and
(4) any other relevant demographic information required at
the discretion of the Secretary.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $1,000,000,000 for each of fiscal years
2021 through 2030.
(2) Set aside for fund.--An amount equal to 20 percent of
the funds appropriated under paragraph (1) in a fiscal year
shall be set aside and transferred to the Restorative Housing
Justice Fund established under section 113(h).
SEC. 106. NATIONAL RIGHT OF FIRST REFUSAL.
(a) Fannie Mae.--Section 302 of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717) is amended by adding at the
end the following:
``(d) Right of First Refusal.--The corporation may not sell or
transfer any mortgage that is secured by a single-family or multi-
family residential property that is a rental property unless the
current tenant or the most recent tenant within the preceding 12-month
period was given--
``(1) not less than 30 days to indicate interest in
purchasing the single-family home or dwelling unit in which the
tenant resides; and
``(2) not less than 60 additional days to initiate the
application process of securing financing to purchase the home
or dwelling unit.''.
(b) Freddie Mac.--Section 305 of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1454) is amended by adding at the end the
following:
``(e) Right of First Refusal.--The Corporation may not sell or
transfer any mortgage that is secured by a single-family or multi-
family residential property that is a rental property unless the
current tenant or the most recent tenant within the preceding 12-month
period was given--
``(1) not less than 20 days to indicate interest in
purchasing the single-family home or dwelling unit in which the
tenant resides; and
``(2) not less than 45 additional days to secure financing
to purchase the home or dwelling unit.''.
(c) Special Rule for Manufactured Housing Communities.--
(1) Definitions.--
(A) Manufactured housing community cooperative or
corporation.--The term ``manufactured housing community
cooperative or corporation'' means a cooperative or
nonprofit corporation established pursuant to the laws
of the State in which the property used as a
manufactured housing community.
(B) Qualified gain.--The term ``qualified gain''
means the gain from the sale or exchange of real
property comprised primarily of manufactured housing
used solely for residential purposes.
(2) Resident right to purchase.--
(A) In general.--A taxpayer who is a party to a
manufactured housing community sale or transfer or
ownership shall be assessed the tax penalty described
in subparagraph (B) unless--
(i) the residents of a manufactured housing
community were given 60 days to form a
manufactured housing community cooperative or
corporation if no such entity currently exists;
and
(ii) the manufactured housing community
cooperative or corporation subjected to sale or
exchange is given 90 days to initiate the
application process of securing financing to
purchase the manufactured housing community.
(B) Tax penalty.--The tax penalty described in this
subparagraph for any taxable year is an amount equal to
15 percent of the qualified gain received by the
taxpayer during the taxable year.
(d) Technical Assistance and Capacity Buildings Grants.--
(1) In general.--The Secretary shall award grants to
organizations described in section 501(c)(3) of the Internal
Revenue Code and exempt from taxation under section 501(a) of
such Code that are actively engaged in supporting affordable
housing and resident-owned manufactured housing communities.
(2) Appropriations.--There is authorized to be appropriated
$10,000,000 for each of fiscal years 2021 to 2030 to carry out
this subsection.
SEC. 107. NO CAUSE EVICTIONS.
(a) Definitions.--In this section:
(1) Landlord.--The term ``landlord''--
(A) means the owner, lessor, or sublessor of a
residence; and
(B) includes an individual who is authorized by an
owner, lessor, or sublessor of a residence to--
(i) manage the residence; or
(ii) enter into a lease agreement for the
residence.
(2) Residence.--The term ``residence''--
(A) means a non-commercial--
(i) plot of real property; or
(ii) dwelling; and
(B) includes--
(i) a tiny home that has not more than 400
square feet of living space;
(ii) an accessory dwelling unit;
(iii) an apartment; and
(iv) a manufactured home on a plot of real
property leased from the landlord.
(3) Tenant.--The term ``tenant'' means an individual who--
(A) is not less than 18 years of age; and
(B) has leased a residence for not fewer than 6
months.
(b) Prohibition.--Subject to subsection (e), a landlord may not
evict a tenant from a residence, unless--
(1) there is not less than one just cause for the eviction
under subsection (c); and
(2) the landlord has followed the notice procedure
established under subsection (d).
(c) Just Causes for Eviction by a Landlord.--The following
situations constitute just cause for a landlord to evict a tenant:
(1) The intentional or negligent actions of the tenant
cause substantial physical damage to the residence of the
tenant.
(2) The intentional actions of the tenant measurably and
demonstrably inhibit the quality of life of an individual who
lives--
(A) in the building where the residence of the
tenant is located; or
(B) in the immediate vicinity of the residence of
the tenant.
(3) The tenant does not pay rent owed to the landlord for
the residence of the tenant.
(4) The tenant, in the residence of the tenant or in the
immediate vicinity of the residence of the tenant, commits a
crime--
(A) that involves--
(i) prostitution; commercial sexual
solicitation, or the promotion of prostitution;
(ii) the unlawful manufacture, delivery, or
possession of a controlled substance;
(iii) the manufacture of a cannabinoid
extract, unless the tenant holds a license to
manufacture the cannabinoid extract under
Federal, State, or Tribal law; or
(iv) burglary; and
(B) which, at a trial for damages under this
section, the landlord of the residence can prove by a
preponderance of the evidence.
(5) The tenant commits a crime that impacts--
(A) the health or safety of individuals who live
within the immediate vicinity of the residence of the
tenant; or
(B) the right of individuals who live within the
immediate vicinity of the residence of the tenant to
peacefully enjoy the property of those individuals.
(6) The landlord or an immediate relative of the landlord
makes a measurable, demonstrable, and bona fide plan to occupy
the residence.
(7)(A) Local or State housing inspectors determine that the
residence of the tenant is unsuitable for occupancy; and
(B) the unsuitability of the residence is not a result of
deferred maintenance of the residence by the landlord.
(d) Notice Procedure.--Before a landlord may evict a tenant, the
landlord shall provide the following notice:
(1) The landlord shall provide the tenant with an initial
eviction notice not fewer than 6 months before the eviction
takes place that--
(A) states the just cause for the eviction under
subsection (c); and
(B) if the just cause stated under subparagraph (A)
is described in paragraphs (1) through (3) of
subsection (c) and the tenant can remedy the just
cause, provides the tenant with 15 days to correct the
actions of the tenant.
(2) Not sooner than 30 days after providing the initial
eviction notice under paragraph (1), the landlord shall provide
the tenant with a second eviction notice that--
(A) states the just cause for the eviction under
subsection (c); and
(B) if the just cause stated under subparagraph (A)
is described in paragraphs (1) through (3) of
subsection (c) and the tenant can remedy the just
cause, provides the tenant with 15 days to correct the
actions of the tenant.
(e) Exceptions.--A landlord may evict a tenant from a residence
without a just cause for the eviction under subsection (c) or providing
the notice required under subsection (d) for one or more of the
following reasons:
(1)(A) The tenant intentionally provided a substantial
amount of false information relating to a criminal conviction
of the tenant on a rental application for the residence;
(B) the conviction described in subparagraph (A) occurred
not less than 1 year before the date of the submission of the
application;
(C) the landlord would not have entered into a rental
agreement for the residence with the tenant if the landlord had
known that the information described in subparagraph (A) was
false; and
(D) the landlord terminates the rental agreement of the
tenant not later than 30 days after the date on which the
landlord discovered that the information described in
subparagraph (A) was false.
(2) The tenant commits domestic violence, dating violence,
sexual assault, or stalking against a member of the household
of the tenant.
(f) Penalty.--A landlord who violates subsection (b) shall pay to
the tenant a sum not less than 6 times the median monthly rent price
for the area in which the residence of the tenant is located.
(g) Duty To Evict.--
(1) If a landlord knows that a tenant has committed
domestic violence, dating violence, sexual assault, or stalking
against a member of the household of the tenant, the landlord
shall--
(A) take steps to exclude, evict, or otherwise
expel the tenant from the residence of the tenant; and
(B) permit the member of the household of the
tenant to continue living in the residence.
(h) Tenant Right To Terminate Lease.--
(1) In general.--A tenant may terminate the lease agreement
for the residence of the tenant and any immediate family
members of the tenant if--
(A) the tenant provides the landlord of the
residence written notice not less than 14 days before
the date on which the tenant terminates the lease
agreement;
(B)(i) the tenant is protected by a valid order of
protection; or
(ii) not more than 90 days before the date on which
the tenant provides the landlord the notice described
in subparagraph (A), the tenant has been the victim of
domestic violence, dating violence, sexual assault, or
stalking;
(C) the tenant provides the landlord with a
document that verifies the condition described in
subparagraph (B), which includes the signature or seal
of--
(i) a court;
(ii) a State or local governmental
authority; or
(iii) an entity that serves victims of--
(I) domestic violence;
(II) dating violence;
(III) sexual assault; or
(IV) stalking; and
(D) the tenant vacates the residence not later than
14 days after the date on which the tenant provides the
notice described in subparagraph (A).
(2) Effect of termination.--If a tenant terminates a lease
agreement for the residence of the tenant under paragraph (1)--
(A) the tenant is not liable for any unpaid rent
for the period of time beginning on the date that is--
(i) 14 days after the tenant gives the
landlord notice under paragraph (1)(A); or
(ii) agreed upon in the lease agreement;
and
(B) not later than 21 days after receiving the
notice described in paragraph (1)(A), the landlord
shall return to the tenant--
(i) the appropriate share of a security
deposit of the tenant; and
(ii) in the case that it is not possible to
discern the appropriate share of a security
deposit of the tenant to be returned, not less
than 20 percent of the security deposit of the
tenant.
(i) Savings Clauses.--Nothing in this section shall be construed to
supersede or preempt--
(1) any provision of law enacted by a State or local
government that provides greater protections for tenants than
provided in this section; or
(2) any provision of section 41411 of the Violence Against
Women Act of 1994 (34 U.S.C. 12491) that offers greater
protections to individuals residing in federally assisted
housing that are victims of--
(A) domestic violence;
(B) dating violence;
(C) sexual assault; or
(D) stalking.
SEC. 108. RIGHT TO COUNSEL.
(a) Purpose.--The purpose of this section is to--
(1) establish funding for State governments, local
governments, or Indian tribes that have established a Right to
Counsel through legislation for covered individuals who are
facing--
(A) eviction;
(B) a termination of a housing subsidy; or
(C) foreclosure;
(2) provide counsel to the most vulnerable populations;
(3) allow governing bodies to tailor the Right to Counsel
to fit the unique needs of the community of the governing body,
including by setting eligibility requirements for individuals
who receive the Right to Counsel; and
(4) guarantee that--
(A) covered individuals have a legal right to
receive full legal representation at no cost;
(B) covered individuals are not denied a Right to
Counsel for discretionary reasons; and
(C) funding for a State government, a local
government, or an Indian tribe with a Right to Counsel
continues as long as the State government, local
government, or Indian tribe complies with--
(i) the plan outlined in the application of
the State government, local government, or
Indian tribe; and
(ii) the reporting requirements described
in subsection (f).
(b) Definitions.--In this section:
(1) Affirmative case.--The term ``affirmative case'' means
any housing-related lawsuit in which a covered individual is
not a defendant, which may include a lawsuit designed to--
(A) compel a landlord to make a necessary repair to
a residence;
(B) enjoin the harassment of a tenant by a
landlord;
(C) remedy mortgage or rental lease fraud; and
(D) remedy--
(i) an instance of discrimination against a
tenant or prospective tenant by a landlord;
(ii) discrimination in lending;
(iii) discrimination under the Fair Housing
Act (42 U.S.C. 3601 et seq.); or
(iv) any other instance of discrimination
that is directly related to housing.
(2) Covered individual.--The term ``covered individual''--
(A) means an individual who--
(i) meets the eligibility requirements of
an eligible entity established in the Right to
Counsel legislation of the eligible entity; and
(ii) is a defendant or plaintiff in a
covered proceeding that takes place within the
geographic boundaries of the eligible entity
described in clause (i); and
(B) includes any individual described in
subparagraph (A) who is--
(i) a tenant of any type of rental housing,
including public housing;
(ii) a homeowner of any type of home,
including a tiny home or a manufactured home;
(iii) a tenant or homeowner with a
terminated housing subsidy; or
(iv) a tenant or homeowner who has received
notice that the housing subsidy of the tenant
or homeowner will be terminated.
(3) Covered proceeding.--The term ``covered proceeding''
means a civil action in a court or administrative forum--
(A) for--
(i) eviction from the primary residence of
a tenant;
(ii) the termination of a housing subsidy;
(iii) foreclosure on the primary residence
of a homeowner; and
(iv) an affirmative case, if the eligible
entity meets the requirement under subsection
(c)(2)(B); and
(B) that an eligible entity chooses to cover in the
Right to Counsel legislation of the eligible entity.
(4) Eligible entity.--The term ``eligible entity'' means a
State government, a local government, or an Indian tribe with a
Right to Counsel.
(5) Housing-related legal representation.--The term
``housing-related legal representation''--
(A) means full legal representation by a Right to
Counsel attorney for a covered individual in a covered
proceeding; and
(B) includes full legal representation on an appeal
from a covered proceeding.
(6) Housing subsidy.--The term ``housing subsidy'' means
Federal, State, or local monetary assistance for a rental or
mortgage payment, such as a voucher.
(7) Implementation period.--The term ``implementation
period'' means the 5-year period during which an eligible
entity gradually increases the capacity of the eligible entity
to provide housing-related legal representation to covered
individuals.
(8) Legal service provider.--The term ``legal service
provider'' means a nonprofit organization that--
(A) provides housing-related legal representation
on behalf of an eligible entity to covered individuals;
and
(B) receives compensation from the eligible entity
for providing the housing-related legal representation
described in subparagraph (A).
(9) Local government.--The term ``local government''
includes the government of a city, town, township, county,
parish, village, or any other subdivision of a State.
(10) Public housing.--The term ``public housing'' has the
meaning given the term in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(11) Right to counsel.--The term ``Right to Counsel'' means
a right established by a State government, a local government,
or an Indian tribe that--
(A) is created through Right to Counsel
legislation;
(B) guarantees housing-related legal representation
at no cost to--
(i) during the implementation period, the
amount of covered individuals the eligible
entity identifies in the plan required under
subsection (d)(2)(B); and
(ii) after the implementation period ends,
every covered individual; and
(C) may be contingent upon the receipt of a
certification by the Secretary under subsection (e).
(12) Right to counsel attorney.--The term ``Right to
Counsel attorney'' means an attorney--
(A) employed by a legal service provider; or
(B) who, under the supervision of a legal service
provider--
(i) provides housing-related legal
representation to a covered individual; or
(ii) works on an affirmative case.
(13) Right to counsel legislation.--The term ``Right to
Counsel legislation'' means legislation of a State government,
a local government, or an Indian tribe that--
(A) establishes a Right to Counsel;
(B) identifies eligibility requirements for covered
individuals, which may not--
(i) discriminate against any individual on
the basis of--
(I) the criminal record, gender
identity, gender expression, sexual
orientation, family status, age,
national origin, disability, genetic
information, family medical history,
eviction history, or foreclosure
history of the individual;
(II) the immigration status or
prior immigration status of the
individual, except as required by Legal
Services Corporation law and
regulations; or
(III) any other protected status;
(C) identifies the type of covered proceedings the
eligible entity will include in the Right to Counsel;
and
(D) provides for a not more than 5-year
implementation period.
(c) Federal Reimbursements.--
(1) In general.--Each fiscal year, the Secretary shall
reimburse an eligible entity for the total cost of implementing
and maintaining a Right to Counsel if the Right to Counsel has
a certification from the Secretary under subsection (e).
(2) Use of funds.--
(A) In general.--The cost described in paragraph
(1) may include--
(i) personnel costs;
(ii) operational costs;
(iii) administrative costs; and
(iv) the cost of support services.
(B) Limitation.--
(i) Affirmative cases.--Not more than 5
percent of the cost described in paragraph (1)
may be used to provide representation for
covered individuals in an affirmative case.
(ii) Other proceedings favored.--An
eligible entity may only provide representation
for a covered individual in an affirmative case
if the provision does not interfere with the
ability of the eligible entity to provide
representation to covered individuals for
covered proceedings that are not affirmative
proceedings.
(d) Application.--
(1) In general.--An eligible entity that desires a
reimbursement from the Secretary under subsection (c) shall
submit to the Secretary an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include the following:
(A) If the Right to Counsel of the eligible entity
covers actions for eviction, statistical data that
shows, within the geographic boundaries of the eligible
entity--
(i) the number of actions for eviction that
were filed against individuals;
(ii) the number of orders for eviction that
were granted as a result of an action described
in clause (i);
(iii) the number of actions for foreclosure
that were filed against individuals;
(iv) the number of foreclosures that were
granted as a result of an action described in
clause (iii);
(v) the percentage of the individuals
described in clauses (i) and (iii) that were
represented by an attorney in the eviction or
foreclosure proceeding; and
(vi) to the greatest extent practicable,
the household income level of the individuals
described in clauses (i) and (iii).
(B) A detailed plan for the implementation period
of the Right to Counsel of the eligible entity that
includes--
(i) a timeline that describes the gradual
increase in the number of covered individuals
who receive housing-related legal
representation at no cost;
(ii) an assurance that key stakeholders,
including legal service providers and community
organizations--
(I) were included in the
formulation of the plan; and
(II) will be included in the
execution of the plan; and
(iii) proposed methods to increase the rate
of housing-related legal representation for
covered individuals.
(e) Certification.--
(1) In general.--The Secretary shall certify the Right to
Counsel of an eligible entity if the eligible entity submits an
application meeting the requirements under subsection (d).
(2) 3-year review.--
(A) In general.--A certification of the Secretary
under paragraph (1) shall be effective for a 3-year
period.
(B) Recertification.--The Secretary shall extend
the certification of the Right to Counsel of an
eligible entity for an additional 3-year period if--
(i) the eligible entity submits an
additional application under subsection (d);
and
(ii) the additional application meets the
requirements under subsection (d).
(f) Reports.--
(1) In general.--Not less frequently than annually, each
eligible entity receiving a reimbursement from the Secretary
under subsection (c) shall submit to the Secretary each of the
following reports:
(A) For an eligible entity that is under an
implementation period, a report summarizing the
progress of the plan described in subsection (d)(2)(B).
(B) A report that includes--
(i) an estimation of the number of covered
individuals who live in the geographic
boundaries of the eligible entity; and
(ii) statistical information relating to
eviction and foreclosure proceedings handled by
Right to Counsel attorneys of the eligible
entity, including, to the greatest extent
practicable, for each proceeding--
(I) the race of each covered
individual;
(II) the age of each covered
individual;
(III) the household income of each
covered individual;
(IV) the number of individuals
included in the household of the
covered individual;
(V) the type of property at issue;
and
(VI) whether the covered individual
or a member of the household of the
covered individual was a victim of
domestic violence, dating violence,
sexual assault, or stalking.
(C) For an eligible entity with covered proceedings
that include actions for eviction, a report that
includes, for the previous year--
(i) information with respect to the
eligible entity on--
(I) the rate of eviction filings;
(II) the number of evictions that
were ordered;
(III) the number of evictions that
were executed; and
(IV) the percentage of individuals
who were represented by an attorney of
an eviction proceeding;
(ii) information on the resolution of each
eviction proceeding handled by Right to Counsel
attorneys on behalf of the eligible entity,
including--
(I) whether the covered individual
was permitted to stay in the residence
of the covered individual;
(II) whether the covered individual
was displaced from the residence of the
covered individual; and
(III) in the case of a covered
individual who was permitted to stay in
the residence of the covered
individual--
(aa) whether the landlord
was ordered to perform repairs;
and
(bb) the amount of damages
either party to the proceeding
was ordered to pay; and
(iii) information on eviction proceedings
handled by Right to Counsel attorneys on behalf
of the eligible entity in which the Right to
Counsel attorney withdrew or was discharged
from the proceeding.
(D) For an eligible entity with covered proceedings
that include actions for foreclosure, a report that
includes, for the previous year--
(i) information with respect to the
eligible entity on--
(I) the number of individuals who
were defendants in a foreclosure
proceeding; and
(II) the percentage of the
individuals described in clause (i)
that were represented by an attorney;
and
(ii) information on the resolution of each
foreclosure proceeding handled by Right to
Counsel attorneys on behalf of the eligible
entity, including--
(I) whether the covered individual
retained possession of the residence of
the covered individual;
(II) whether the covered individual
was displaced from the residence of the
covered individual;
(III) whether any payment plans
were agreed upon;
(IV) the default amount at issue;
(V) the value of the home on the
date on which the foreclosure
proceeding began; and
(VI) if applicable, the sale price
of the home at foreclosure sale.
(2) Personally identifying information removed.--In each
report submitted under paragraph (1), an eligible entity shall
remove the personally identifying information of any covered
individual.
(g) Planning Grants.--
(1) In general.--Each fiscal year, the Secretary shall
award grants in the amount of $100,000 to each eligible entity
that submits an application under paragraph (3) for the purpose
of preparing an application under subsection (d).
(2) Limitation.--The total amount of grants made under
paragraph (1) shall not exceed $2,500,000 in a fiscal year, to
be provided to eligible entities described in that paragraph on
a first-come, first-served basis.
(3) Planning grant application.--
(A) In general.--An eligible entity that desires a
grant under paragraph (1) shall submit to the Secretary
an application at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
(B) Contents.--An application submitted under
subparagraph (A) shall include an estimation of the
number of covered individuals the Right to Counsel of
the eligible entity will serve.
(h) Independent Commission Study.--The Secretary shall conduct a
study to analyze the feasibility of establishing an independent
commission or another independent regulatory body to administer Right
to Counsel funding under this section.
(i) Establishment of Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund consisting of the amounts authorized
to be appropriated under paragraph (2).
(2) Deposits to the fund.--There are authorized to be
appropriated and there are appropriated to the fund established
under paragraph (1) such sums as may be necessary for each
fiscal year for the cost of--
(A) the reimbursements required under subsection
(c);
(B) the grants required under subsection (g); and
(C) the study required under subsection (h).
SEC. 109. LANDLORD GUARANTEE PROGRAM.
(a) Establishment.--The Secretary shall develop and implement a
Landlord Guarantee Program (in this section referred to as the
``Program''), to be administered by public housing agencies, to provide
financial assistance to landlords to mitigate damages caused by tenants
receiving tenant-based rental assistance under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)).
(b) Eligibility.--In order to receive assistance under the Program,
a landlord shall--
(1) obtain judgment against the tenant from the public
housing agency with jurisdiction over the property;
(2) submit to the Secretary an application to receive
assistance under the Program not later than 1 year after the
date on which the landlord obtains judgment under paragraph
(1); and
(3) rent to a tenant with a valid guarantee.
(c) Use of Funds.--Amounts received under the Program shall only be
used for reimbursing amounts in a judgment described in subsection (b)
that are related to property damage, unpaid rent, or other damages,
including damages--
(1) caused as a result of the occupancy of the tenant,
including where the tenant is a victim of domestic violence,
dating violence, sexual assault, or stalking;
(2) that exceed normal wear and tear; and
(3) that are in excess of $500 but not more than $5,000 per
tenancy.
(d) Fees.--The Secretary shall assess and collect a fee from each
landlord that participates in the Program that is equal to 1 percent of
the rental value of the property for which the landlord seeks to
mitigate damages caused by tenants.
(e) Tenant Accountability.--A tenant shall be eligible for not more
than 2 claims under the Program every 10 years.
(f) Landlord Accountability.--A landlord shall be eligible for not
more than 1 claim under the Program per dwelling unit every 10 years.
(g) Fund.--There is established in the Treasury of the United
States a fund to be known as the Landlord Guarantee Program Fund, into
which shall be deposited--
(1) amounts appropriated to the fund; and
(2) all amounts collected as fees under subsection (d).
(h) Regulations.--The Secretary shall issue regulations to
implement the Program, including regulations relating to--
(1) additional qualifications and requirements that a
landlord is required to meet to receive assistance under the
Program; and
(2) the form of application that a landlord shall submit to
the Secretary to receive assistance under the Program.
SEC. 110. INCLUDING ALL FORMS OF HOUSING IN HUD CONSOLIDATED PLAN.
(a) Definition of Consolidated Plan.--In this section, the term
``consolidated plan'' means a comprehensive housing affordability
strategy and community development plan required under part 91 of title
24, Code of Federal Regulations, or any successor regulation.
(b) Issuance of Guidelines Relating to Non-traditional Forms of
Affordable Housing.--The Secretary shall issue regulations that require
that each grantee that is required to submit a consolidated plan shall
include, to the greatest extent practicable, actionable plans to
incorporate and preserve in the overall affordable housing stock--
(1) modular housing constructed in accordance with State,
local, or regional site-built building codes;
(2) single room occupancy units;
(3) emergency shelters, including dwelling units under 400
square feet and supportive tiny housing villages;
(4) shared equity homes, including community land trusts;
and
(5) cooperative housing ownership models.
SEC. 111. PROHIBITING DISCRIMINATION AGAINST VOUCHER HOLDERS.
(a) In General.--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' means lawful, verifiable income paid
directly to a tenant or to a representative of a tenant, or paid to a
housing owner or landlord on behalf of a tenant, including Federal rent
subsidy payments under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) and any other local, State, or Federal housing
or financial assistance.'';
(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) Prevention of Intimidation in Fair Housing Cases.--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.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2021 through 2030.
SEC. 112. FAIR MARKET RENT APPEAL.
(a) Definitions.--In this section:
(1) Fair market rent.--The term ``fair market rent'' means
the applicable fair market rental established under section
8(c) of the United States Housing Act of 1937 (42 U.S.C.
1437f(c)).
(2) Successful fair market rent appeal.--The term
``successful fair market rent appeal'' means a reevaluation of
a fair market rent resulting in a revised fair market rent that
is not less than 3 percent higher than the fair market rent for
the preceding year.
(b) Fair Market Rent Appeal.--In the case of an appeal made by a
public housing agency of a fair market rent established by the
Secretary, the Secretary shall--
(1) calculate and publish estimates of historical
underfunding over the preceding 10-year period due to fair
market rents that are below true market value; and
(2) if the Secretary determines that the fair market rent
calculation was below true market value, reimburse the public
housing agency or nonprofit owner of a residential dwelling
unit subject to fair market rent an amount equal to 75 percent
of the estimated underpayment caused by the inaccurate fair
market rent calculation.
(c) Survey.--The Secretary shall enter into a memorandum of
agreement with a State housing finance agency to conduct a statewide
rental market survey if a State experiences more than 2 successful fair
market rent appeals within the preceding 5 calendar years.
(d) Reimbursement for Successful Fair Market Rent Appeals.--The
Secretary shall grant an amount equal the actual direct expenses
incurred by a public housing agency associated with a successful fair
market rent appeal.
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2021 through 2030.
SEC. 113. OFFICE OF RESTORATIVE HOUSING JUSTICE.
(a) Definition of Covered Geographic Area.--In this section, the
term ``covered geographic area'' means a geographic area that is--
(1) within 20 miles of--
(A) an area that was subject to an Urban Renewal
Loan and Grant Contract from the Department of Housing
and Urban Development; or
(B) an area designated by the Home Owners' Loan
Corporation as ``C--Definitely Declining'' or ``D--
Hazardous''; and
(2) within the service area of a single public housing
agency.
(b) Establishment.--The Secretary shall establish within the
Department of Housing and Urban Development an Office of Restorative
Housing Justice (in this section referred to as the ``Office'') to
execute an affordable housing assistance preference policy for
individuals and the parents, grandparents, or primary caretakers of
people who--
(1)(A) lost title to a personal residential property or at
any point possessed title to real property in a covered
geographic area; or
(B) were displaced from a tenancy or established residence
in a covered geographic area; and
(2) seek to return to an area that was historically a
covered geographic area.
(c) Public Housing Agencies.--
(1) In general.--Each public housing agency with a
geographic service area that includes a covered geographic area
shall be eligible to receive funding from the Office to carry
out an affordable housing assistance preference policy in
accordance with subsection (g).
(2) Additional expenses.--A public housing agency may use
not more than 10 percent of the funding received from the
Office in a fiscal year for administration and education
purposes.
(d) Director.--The Office shall be headed by a Director, who shall
be appointed by the Secretary.
(e) National Advisory Council.--
(1) In general.--The Director of the Office shall establish
within the Office an advisory council, which shall--
(A) be composed of 10 members, of whom--
(i) one shall be the Director of the
Office;
(ii) two shall be representatives from
national nonprofit civil rights organizations
and appointed by the Director;
(iii) two shall be representatives from
national tenant rights organizations and
appointed by the Director;
(iv) three shall be individuals eligible
for assistance under this section and appointed
by the Director; and
(v) two shall be appointed by the Secretary
at the discretion of the Secretary;
(B) submit to Congress an annual report in
partnership with a housing and homelessness innovation
research center established under section 401;
(C) provide technical assistance to annual action
plans submitted by a community advisory council
established under subsection (f); and
(D) submit annual recommendations relating to the
policies and regulations of the Office.
(f) Community Advisory Council.--
(1) In general.--Each public housing agency shall establish
a community advisory council, which shall--
(A) establish an annual action plan to govern the
release of funds under this section and administer the
preference scale established under subsection (g); and
(B) be composed of 10 members with a 2-year term
limit, of whom--
(i) one shall be the Executive Director of
the public housing agency or an appointee from
the public housing agency;
(ii) two shall be representatives from a
local nonprofit civil rights organizations and
appointed by the Director of the council;
(iii) two shall be representatives from
local tenant rights organizations and appointed
by the Director of the council;
(iv) three shall be individuals eligible
for displacement compensation under this
section and appointed by the Director of the
council; and
(v) two shall be appointed by the Director
of the council at the discretion of the
Executive Director of the public housing
agency.
(2) Director.--
(A) Appointment in first year.--During the 1-year
period following the date on which a community advisory
council is established under paragraph (1), the member
described in paragraph (1)(B)(i) shall serve as
Director of the council.
(B) After first year.--After the 1-year period
described in subparagraph (B), the Director of a
community advisory council shall be appointed on an
annual basis by majority vote of the council.
(C) Duties.--The Director of a community advisory
council shall submit to the council established under
subsection (e) on an annual basis--
(i) the action plan required under
paragraph (1)(A) and an accompanying report;
and
(ii) policy proposals for the community
advisory council.
(3) Funding.--Each public housing agency shall allocate
$100,000 on an annual basis to the community advisory council
established under this subsection.
(g) Preference Scale.--
(1) In general.--The community advisory council of a public
housing agency established under subsection (f) shall determine
individual preference for funds made available under this
section to applicants on a scale of 1 to 5, with 1 point
awarded for each of the following factors:
(A) Whether the applicant lost title or possessed
title to a property or was displaced, as described in
subparagraphs (A) and (B) of subsection (b)(1).
(B) Whether the applicant is a descendant of
someone who lost title or possessed title to a property
or was displaced, as described in subparagraphs (A) and
(B) of subsection (b)(1).
(C) Whether the income of the applicant is below 30
percent of the median income in the area in which the
applicant resides.
(D) Whether the income of the applicant is below 60
percent of the median income in the area in which the
applicant resides.
(E) Whether the applicant attended a school
designated as a title I school for more than 5 years.
(h) Fund.--There is established in the Treasury of the United
States a fund to be known as the Restorative Housing Justice Fund, into
which shall be deposited--
(1) amounts appropriated to the fund; and
(2) all amounts set aside for the Restorative Housing
Justice Fund under any other provision of law.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section such sums as
may be necessary each of fiscal years 2021 through 2030.
TITLE II--CONSTRUCTION AND PRESERVATION
SEC. 201. HOUSING TRUST FUND.
(a) In General.--Section 1338 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) is amended
by adding at the end the following:
``(j) Inclusion of Supplemental Appropriations in Congressional
Justification.--Beginning for fiscal year 2021 and each fiscal year
thereafter, the Secretary shall include, in the annual budget
justification submitted by the Secretary, a recommended supplemental
appropriation level for the Housing Trust Fund, which shall be in an
amount that is sufficient to eliminate the shortage of affordable and
available rental dwelling units over a 10-year period.
``(k) Supplemental Appropriation for 2020.--Out of amounts not
otherwise appropriated, there is appropriated to the Housing Trust Fund
$40,000,000,000 for fiscal year 2020.''.
SEC. 202. RURAL HOUSING TRUST FUND CONSTRUCTION OF USDA MULTIFAMILY
HOUSING FOR LOW-INCOME FAMILIES.
The Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by
adding at the end the following:
``SEC. 545. MULTIFAMILY HOUSING CONSTRUCTION FOR LOW-INCOME FAMILIES.
``(a) Establishment.--The Secretary shall carry out a program under
this section for the construction of multifamily rental housing
projects financed with a loan under section 515 and with rental
assistance provided under section 521 for low-income families in rural
areas.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $100,000,000
for each of fiscal years 2021 through 2030.''.
SEC. 203. STRATEGY AND INVESTMENT IN RURAL HOUSING.
(a) In General.--Title V of the Housing Act of 1949 (42 U.S.C. 1471
et seq.), as amended by section 202 of this Act, is amended by adding
at the end the following:
``SEC. 546. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.
``(a) Establishment.--The Secretary shall carry out a program under
this section for the preservation and revitalization of multifamily
rental housing projects financed with loans under sections 514, 515,
and 516.
``(b) Notice of Maturing Loans.--
``(1) To owners.--On an annual basis, the Secretary shall
provide written notice to each owner of a property financed
under section 515 or both sections 514 and 516 that will mature
within the 4-year period beginning upon the provision of such
notice, setting forth the options and financial incentives that
are available to facilitate the extension of the loan term or
the option to decouple a rental assistance contract pursuant to
subsection (f).
``(2) To tenants.--
``(A) In general.--For each property financed with
a loan made or insured under section 514, 515, or 516,
not later than the date that is 2 years before the date
that such loan will mature, the Secretary shall provide
written notice to each household residing in such
property that informs them of the date of the loan
maturity, the possible actions that may happen with
respect to the property upon such maturity, and how to
protect their right to reside in Federally assisted
housing after such maturity.
``(B) Hold harmless.--If the Secretary fails to
provide households with the notice required under
subparagraph (A), the residents shall be held harmless
from rent increases until the required notice period
elapses.
``(C) Language.--Notice under this paragraph shall
be provided in plain English and shall be translated to
other languages in the case of any property located in
an area in which a significant number of residents
speak such other languages, consistent with guidance
issued by the Secretary in accordance with Executive
Order 13166 (42 U.S.C. 2000d-1 note; relating to access
to services for persons with limited English
proficiency).
``(c) Loan Restructuring.--Under the program under this section,
the Secretary may restructure such existing housing loans, as the
Secretary considers appropriate, for the purpose of ensuring that such
projects have sufficient resources to preserve the projects to provide
safe and affordable housing for low-income residents and farm laborers,
by--
``(1) reducing or eliminating interest;
``(2) deferring loan payments;
``(3) subordinating, reducing, or reamortizing loan debt;
and
``(4) providing other financial assistance, including
advances, payments, and incentives (including the ability of
owners to obtain reasonable returns on investment) required by
the Secretary.
``(d) Renewal of Rental Assistance.--When the Secretary offers to
restructure a loan pursuant to subsection (c), the Secretary shall
offer to renew the rental assistance contract under section 521(a)(2)
for a 20-year term that is subject to annual appropriations, provided
that the owner agrees to bring the property up to such standards that
will ensure its maintenance as decent, safe, and sanitary housing for
the full term of the rental assistance contract.
``(e) Restrictive Use Agreements.--
``(1) Requirement.--As part of the preservation and
revitalization agreement for a project, the Secretary shall
obtain a restrictive use agreement that obligates the owner to
operate the project in accordance with this title.
``(2) Term.--
``(A) No extension of rental assistance contract.--
Except when the Secretary enters into a 20-year
extension of the rental assistance contract for the
project, the term of the restrictive use agreement for
the project shall be consistent with the term of the
restructured loan for the project.
``(B) Extension of rental assistance contract.--If
the Secretary enters into a 20-year extension of the
rental assistance contract for a project, the term of
the restrictive use agreement for the project shall be
extended for 20 years.
``(C) Termination.--The Secretary may terminate the
20-year use restrictive use agreement for a project
prior to the end of its term if the 20-year rental
assistance contract for the project with the owner is
terminated at any time for reasons outside the owner's
control.
``(f) Decoupling of Rental Assistance.--
``(1) Renewal of rental assistance contract.--If the
Secretary determines that a maturing loan for a project cannot
reasonably be restructured in accordance with subsection (c)
and the project was operating with rental assistance under
section 521, the Secretary may renew the rental assistance
contract, notwithstanding any provision of section 521, for a
term, subject to annual appropriations, of not less than 10
years but not more than 20 years.
``(2) Rents.--Any agreement to extend the term of the
rental assistance contract under section 521 for a project
shall obligate the owner to continue to maintain the project as
decent, safe and sanitary housing and to operate the
development in accordance with this title, except that rents
shall be based on the lesser of--
``(A) the budget-based needs of the project; or
``(B)(i) the operating cost adjustment factor as a
payment standard as provided under section 524 of the
Multifamily Assisted Housing Reform and Affordability
Act of 1997 (42 U.S.C. 1437 note).
``(3) Initial decoupled rent.--At the time of an agreement
to extend the term of rental assistance contract under section
521, the initial rent shall established as conventional rents
for comparable units by appraisal or market study.
``(4) Rural housing vouchers for maturing mortgages.--
Residents of projects originally financed with a loan made or
insured under section 514 or 515 that has matured shall be
eligible for voucher assistance under section 542 if a rental
assistance contract under section 521 is not extended beyond
the term of the underlying loan made or insured under section
514 or 515.
``(g) Authority.--If the Secretary determines that additional
voucher funds under section 542 are needed, funds for the
revitalization program under this section may be used for those
vouchers for any low-income household (including those not receiving
rental assistance) residing in a property financed with a loan under
this section that has been prepaid after September 30, 2005.
``(h) Multifamily Housing Transfer Technical Assistance.--
``(1) In general.--Under the program under this section,
the Secretary may provide grants to qualified nonprofit
organizations, public housing agencies, and tribal housing
authorities to provide technical assistance, including
financial and legal services, to borrowers under loans under
this title for multifamily housing to facilitate the
acquisition of such multifamily housing properties in areas
where the Secretary determines there is a risk of loss of
affordable housing.
``(2) Prohibition.--The Secretary shall not categorically
exclude previously initiated acquisitions from the provision of
technical assistance funding under this subsection.
``(i) Transfer of Rental Assistance.--After the loan or loans for a
rental project originally financed under section 515 or both sections
514 and 516 have matured or have been prepaid and the owner has chosen
not to restructure the loan pursuant to subsection (c), a tenant
residing in such project shall have 18 months prior to loan maturation
or prepayment to transfer the rental assistance assigned to the
tenant's unit to another rental project originally financed under
section 515 or both sections 514 and 516, and the owner of the initial
project may rent the tenant's previous unit to a new tenant without
income restrictions.
``(j) Administrative Expenses.--Of any amounts made available for
the program under this section for any fiscal year, the Secretary may
use not more than $1,000,000 for administrative expenses for carrying
out such program.
``(k) Rural Housing Service Staffing.--The Secretary--
``(1) shall not carry out any policy reducing the number of
full-time equivalent employees of the Rural Housing Service
without explicit authorization in an Act of Congress;
``(2) shall produce, not later than 90 days after the date
of enactment of this section, a comprehensive, actionable, and
measurable staffing plan to increase staffing levels at rural
development field offices to levels sufficient to approve
ownership transfers of multifamily housing projects under
section 515 of this Act within 90 days of receipt of the
transfer;
``(3) shall hire and on-board not less than 100 full-time
equivalent employees of the Rural Housing Service in each of
fiscal years 2021, 2022, and 2023; and
``(4) shall delegate primary and final hiring authority to
each Rural Development State Director for all vacant Rural
Housing Service staff positions until the Secretary certifies
that the staff vacancy rate for the Rural Housing Service in
the respective State is under 3 percent.
``(l) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
for the program under this section $220,000,000 for each of
fiscal years 2021 through 2030.
``(2) Set aside.--Of amounts authorized to be appropriated
for each fiscal year under paragraph (1)--
``(A) $10,000,000 shall be set aside and allocated
for activities carried out under subsection (h); and
``(B) $10,000,000 shall be set aside and allocated
for activities carried out under subsection (k).''.
(b) Multifamily Preservation and Revitalization Program.--Section
515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at
the end the following:
``(bb) Multifamily Preservation and Revitalization Program.--
``(1) In general.--The Secretary shall establish a
multifamily preservation and revitalization program to preserve
and revitalize multifamily housing projects financed under
section 514, 515, or 516.
``(2) Options.--In carrying out paragraph (1), the
Secretary may--
``(A) with respect to the loans provided under
sections 514, 515, and 516--
``(i) reduce or eliminate interest;
``(ii) defer loan payments; and
``(iii) subordinate, reduce, or reamortize
loan debt; and
``(B) provide other financial assistance,
including--
``(i) advances; and
``(ii) payments and incentives (including
the ability of owners to obtain reasonable
returns on investment).
``(3) Requirements.--In exchange for assistance provided
pursuant to this subsection, the Secretary shall enter into a
restrictive use agreement with the property owner to ensure
that the property remains subject to low-income use
restrictions for an additional period of time consistent with
the terms of the restructuring.
``(4) Use of voucher funds for revitalization program.--If
the Secretary determines that additional funds for the
revitalization program under this subsection are needed, funds
for the rural housing voucher program under section 542 may be
used for the revitalization program under this subsection.''.
SEC. 204. MANUFACTURED HOUSING PRESERVATION STRATEGY AND INVESTMENT.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a nonprofit organization, including a community land
trust;
(2) a public housing agency or other State or local
government agency, including a State housing finance agency;
(3) an Indian tribe;
(4) a cooperative resident organization formed in
compliance with State law in which homeowners are members and
have open and equal access to membership; and
(5) any entity that the Secretary determines to have
sufficient capacity and demonstrated history of maintaining
long term housing affordability in manufactured housing
communities.
(b) Establishment.--The Secretary shall establish a grant program
to make grants to eligible entities for acquiring and preserving
manufactured housing communities.
(c) Grants.--Amounts from a grant under this section may be used
only for--
(1) the acquisition and preservation of manufactured
housing communities;
(2) such acquisition and preservation, together with costs
for making improvements to infrastructure, including roads,
water, and sanitary systems, common areas, and community
property for acquired manufactured housing communities; or
(3) the demolition, removal, and replacement of dilapidated
homes from a manufactured housing community.
(d) Term of Affordability and Purpose.--The Secretary shall ensure
any grantee under this section maintains a manufactured housing
community for a period of not less than 60 years following receipt of
the grant.
(e) Grant Amount.--The amount of any grant under this section may
not exceed an amount that is equal to $30,000 multiplied by the number
of manufactured home lots in the manufactured housing community for
which the grant is made.
(f) Technical Assistance and Capacity Building Grants.--The
Secretary shall establish a manufactured housing technical assistance
hub to make grants to eligible entities seeking to promote best
practices, project planning assistance and manufactured housing
community preservation.
(g) Authorization of Appropriations.--There is authorized to be
appropriated for the program under this section $500,000,000 for each
of fiscal years 2021 through 2030.
SEC. 205. COMMUNITY ENERGY SAVINGS PROGRAM.
(a) In General.--The Energy Policy and Conservation Act (42 U.S.C.
6201 et seq.) is amended by inserting after section 362 (42 U.S.C.
6322) the following:
``SEC. 362A. COMMUNITY ENERGY SAVINGS PROGRAM.
``(a) Purpose.--The purpose of this section is to help households
and small businesses achieve cost savings by providing loans to
implement cost-effective energy efficiency measures.
``(b) Definitions.--In this section:
``(1) Community development financial institution.--The
term `community development financial institution' means a
financial institution certified by the Community Development
Financial Institutions Fund administered by the Secretary of
the Treasury.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a public power group;
``(B) a community development financial
institution; and
``(C) an eligible unit of local government.
``(3) Eligible unit of local government.--The term
`eligible unit of local government' means any agency or
political subdivision of a State.
``(4) Energy efficiency measures.--The term `energy
efficiency measures' means, with respect to a property served
by or in the service area or jurisdiction, as applicable, of an
eligible entity, structural improvements and investments in
cost-effective commercial technologies to increase energy
efficiency (including cost-effective on- or off-grid renewable
energy, energy storage, or demand response systems).
``(5) Household with a high energy burden.--
``(A) In general.--The term `household with a high
energy burden' means a low-income household the
residential energy burden of which exceeds the median
energy burden for all low-income households in the
State in which the low-income household is located.
``(B) Calculation.--The residential energy burden
referred to in subparagraph (A) is the quotient
obtained by dividing residential energy expenditures by
the annual income of the low-income household.
``(6) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(7) Manufactured home.--The term `manufactured home'--
``(A) has the meaning given the term in section 603
of the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5402); and
``(B) includes a home described in subparagraph (A)
without regard to whether the home was built before,
on, or after the date on which the construction and
safety standards established under section 604 of that
Act (42 U.S.C. 5403) became effective.
``(8) Program.--The term `program' means the program
established under subsection (c).
``(9) Public power group.--The term `public power group'
means--
``(A) a public utility;
``(B) an electric or energy cooperative;
``(C) a public power district; and
``(D) a group of one or more public utilities or
electric or energy cooperatives (commonly referred to
as a `joint action agency', `generation and
transmission cooperative', `municipal power
association', or `State cooperative association').
``(10) Qualified consumer.--The term `qualified consumer'
means a consumer served by or in the service area or
jurisdiction, as applicable, of an eligible entity that has the
ability to repay a loan made under subsection (f), as
determined by the eligible entity.
``(11) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(12) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the
United States.
``(c) Establishment.--Not later than 120 days after the date of
enactment of this section, the Secretary shall establish a program
under which the Secretary shall provide grants to States and Indian
tribes to provide loans to eligible entities in accordance with this
section.
``(d) Grant Fund Allocation.--
``(1) In general.--Of the amount appropriated under
subsection (k) for each fiscal year, the Secretary shall
allocate as grant funds--
``(A) 98 percent to be provided to States in
accordance with paragraph (2); and
``(B) 2 percent to be provided to Indian tribes in
accordance with paragraph (3).
``(2) Allocation to states.--Of the amount allocated for
all States under paragraph (1)(A), the Secretary shall--
``(A) allocate not less than 1 percent to each
State described in subparagraphs (A) through (C) of
subsection (b)(12);
``(B) allocate not less than 0.5 percent to each
State described in subparagraph (D) of that subsection;
and
``(C) of the amount remaining after the allocations
under subparagraphs (A) and (B), allocate funds to
States based on the population of each State as
determined in the latest available decennial census
conducted under section 141(a) of title 13, United
States Code.
``(3) Allocation to indian tribes.--Of the amount allocated
for Indian tribes under paragraph (1)(B), the Secretary shall
allocate funds to each Indian tribe participating in the
program during that fiscal year based on a formula established
by the Secretary that takes into account any factor that the
Secretary determines to be appropriate.
``(4) Publication of allocation formulas.--Not later than
90 days before the beginning of each fiscal year for which
grants are provided to States and Indian tribes under this
section, the Secretary shall publish in the Federal Register
the formulas for allocation established under this subsection.
``(5) Administrative costs.--Of the amount allocated to a
State or Indian tribe under this subsection, not more than 15
percent shall be used by the State or Indian tribe for the
administrative costs of administering loans.
``(e) Loans by States and Indian Tribes to Eligible Entities.--
``(1) In general.--Under the program, a State or Indian
tribe shall make loans to eligible entities to make loans to
qualified consumers--
``(A) to implement cost-effective energy efficiency
measures; and
``(B) in accordance with subsection (f).
``(2) State energy offices.--A State shall carry out
paragraph (1) through the State energy office that is
responsible for developing a State energy conservation plan
under section 362.
``(3) Priority.--In making loans under paragraph (1), a
State or Indian tribe shall give priority to public power
groups.
``(4) Requirements.--
``(A) In general.--Subject to subparagraph (C), as
a condition of receiving a loan under this subsection,
an eligible entity shall--
``(i) establish a list of energy efficiency
measures that are expected to decrease the
energy use or costs of qualified consumers;
``(ii) prepare an implementation plan for
use of the loan funds, including the use of any
interest to be received under subsection
(f)(4);
``(iii) establish an appropriate
measurement and verification system to ensure--
``(I) the effectiveness of the
energy efficiency loans made by the
eligible entity; and
``(II) that there is no conflict of
interest in any loan provided by the
eligible entity;
``(iv) demonstrate expertise in the
effective implementation of energy efficiency
measures;
``(v) ensure that a portion of the loan
funds, which may be determined by the State or
Indian tribe, are used to provide loans to
qualified consumers that are households with a
high energy burden; and
``(vi) give priority to providing loans to
qualified consumers that own homes or other
real property that pose health risks to the
occupants of the property that may be mitigated
by energy efficiency measures, as determined by
the State or Indian tribe.
``(B) Revision of list of energy efficiency
measures.--Subject to the approval of the State or
Indian tribe, as applicable, an eligible entity may
update the list required under subparagraph (A)(i) to
account for newly available efficiency technologies.
``(C) Existing energy efficiency programs.--An
eligible entity that has established an energy
efficiency program for qualified consumers before the
date of enactment of this section may use an existing
list of energy efficiency measures, implementation
plan, and measurement and verification system for that
program to satisfy the applicable requirements under
subparagraph (A), if the State or Indian tribe, as
applicable, determines that the list, plan, or system,
as applicable, is consistent with the purposes of this
section.
``(5) No interest.--A loan under this subsection shall bear
no interest.
``(6) Term.--The term of a loan provided to an eligible
entity under paragraph (1) shall not exceed 20 years after the
date on which the loan is issued.
``(7) Advance.--
``(A) In general.--In providing a loan to an
eligible entity under paragraph (1), a State or Indian
tribe may provide an advance of loan funds on request
of the eligible entity.
``(B) Amount limitation.--Any advance provided to
an eligible entity under subparagraph (A) in any single
year shall not exceed 50 percent of the approved loan
amount.
``(C) Repayment.--The repayment of an advance under
subparagraph (A) shall be amortized for a period of not
more than 10 years.
``(8) Special advance for start-up activities.--
``(A) In general.--In providing a loan to an
eligible entity under paragraph (1), a State or Indian
tribe may provide a special advance on request of the
eligible entity for assistance in defraying the start-
up costs of the eligible entity, as determined by the
State or Indian tribe, as applicable, of providing
loans to qualified consumers under subsection (f).
``(B) Limitation.--A special advance shall be
provided to an eligible entity under subparagraph (A)
only during the 10-year period beginning on the date on
which the loan is issued to that eligible entity.
``(C) Amount.--The amount of a special advance
provided under subparagraph (A) shall not be greater
than 5 percent of the approved loan amount.
``(D) Repayment.--Repayment of a special advance
provided under subparagraph (A)--
``(i) shall be required during the 10-year
period beginning on the date on which the
special advance is made; and
``(ii) may be deferred to the end of the
10-year period described in clause (i) at the
election of the eligible entity.
``(9) Revolving loan fund.--
``(A) In general.--As a condition of participating
in the program, a State or Indian tribe shall use the
funds repaid to the State or Indian tribe under loans
offered under this subsection to issue new loans under
this subsection.
``(B) Administrative costs.--Not more than 10
percent of the repaid funds described in subparagraph
(A) may be used for the administrative cost of issuing
new loans from those repaid funds under this
subsection.
``(f) Loans by Eligible Entities to Qualified Consumers.--
``(1) Use of loan.--
``(A) In general.--A loan made by an eligible
entity to a qualified consumer using loan funds
provided by a State or Indian tribe under subsection
(e)--
``(i) shall be used to finance energy
efficiency measures for the purpose of
decreasing the energy use or costs of the
qualified consumer by an amount that ensures,
to the maximum extent practicable, that the
applicable loan term described in subparagraph
(B) shall not be an undue financial burden on
the qualified consumer, as determined by the
eligible entity;
``(ii) shall not be used to fund purchases
of, or modifications to, personal property
unless the personal property is or becomes
attached to real property as a fixture;
``(iii) may be used to upgrade a
manufactured home, regardless of the
classification of the home as real or personal
property; and
``(iv) may be used to finance the
replacement of a manufactured home--
``(I) if the cost of upgrading the
manufactured home is excessive, as
determined by the eligible entity; and
``(II) with priority given to a
manufactured home that was constructed
before June 15, 1976.
``(B) Loan term described.--The loan term referred
to in subparagraph (A)(i) is--
``(i) in the case of a manufactured home
replacement, not more than 20 years; and
``(ii) in the case of any other energy
efficiency measure, not more than 15 years.
``(2) Repayment.--
``(A) In general.--Subject to subparagraph (B), a
loan described in paragraph (1)(A) shall be repaid by
the qualified consumer through charges added to an
existing or new electric or recurring service bill for
the property of the qualified consumer for, or at
which, energy efficiency measures are being
implemented.
``(B) Alternative repayment.--Repayment under
subparagraph (A) shall not preclude--
``(i) the voluntary prepayment of the loan
by the qualified consumer; or
``(ii) the use of any additional repayment
mechanism, including a tariffed on-bill
mechanism, that--
``(I) has appropriate risk
mitigation features, as determined by
the eligible entity; or
``(II) is required due to the
qualified consumer no longer being a
customer of the eligible entity.
``(3) Energy assessment.--
``(A) In general.--Prior to the installation of
energy efficiency measures at the property of a
qualified consumer that receives a loan from an
eligible entity under this section, and to assist in
the selection of the energy efficiency measures to be
installed, the eligible entity shall conduct an energy
assessment or audit to determine the impact of proposed
energy efficiency measures on--
``(i) the energy costs and consumption of
the qualified consumer; and
``(ii) the health and safety of the
occupants of the property on which the energy
efficiency measures are to be installed.
``(B) Field or online assessment.--An energy
assessment or audit under subparagraph (A) may be
conducted in the field or online, as determined by the
State or Indian tribe that has issued a loan to the
eligible entity under subsection (e).
``(4) Interest.--A loan described in paragraph (1)(A) may
bear interest, not to exceed 5 percent, which may be used--
``(A) to establish a loan loss reserve for the
eligible entity;
``(B) to offset the personnel and program costs of
the eligible entity in providing the loan; and
``(C) for any other related purpose, as determined
by the eligible entity, in consultation with the State
or Indian tribe that has issued a loan to the eligible
entity under subsection (e).
``(5) Outside contracts.--An eligible entity may enter into
one or more contracts with one or more qualified entities, as
determined by the State or Indian tribe that has issued a loan
to the eligible entity under subsection (e)--
``(A) to assist the eligible entity in
administering the loans described in paragraph (1)(A);
and
``(B) to carry out any of the requirements of the
eligible entity described in subsection (e)(4)(A).
``(g) Direct Loans From States and Indian Tribes.--A State or
Indian tribe may act as an eligible entity under subsection (f) to
provide loans directly to qualified consumers--
``(1) in accordance with that subsection; and
``(2) if the State or Indian tribe satisfies the
requirements under subsection (e)(4), as determined by the
Secretary.
``(h) Program Administration.--
``(1) Plan.--Not later than 120 days after the date of
enactment of this section, the Secretary shall establish and
begin carrying out a plan--
``(A) to measure and verify the success of the
program in implementing energy efficiency measures;
``(B) provide training to the employees of eligible
entities relating to carrying out the requirements of
eligible entities under this section; and
``(C) provide technical assistance to States,
Indian tribes, and eligible entities relating to
carrying out the requirements of this section.
``(2) Public awareness.--Not later than 120 days after the
date of enactment of this section, the Secretary shall
establish and begin carrying out a plan to make eligible
entities and the general public aware of the program, including
by developing a marketing program to raise awareness of the
program.
``(3) Outside contracts.--
``(A) In general.--The Secretary may enter into one
or more contracts with one or more qualified entities,
as determined by the Secretary, to carry out paragraphs
(1) and (2).
``(B) Use of subcontractors authorized.--A
qualified entity that enters into a contract with the
Secretary under subparagraph (A) may use one or more
subcontractors to assist the qualified entity in
carrying out the contract.
``(4) Accounting.--The Secretary, and each State and Indian
tribe participating in the program, shall take appropriate
steps to streamline the accounting requirements for eligible
entities under the program while maintaining adequate
assurances of the repayment of the loans made to those eligible
entities under the program.
``(i) Effect on Authority.--Nothing in this section shall impede,
impair, or modify the authority of the Secretary to offer loans or
grants under any other law.
``(j) Report.--
``(1) In general.--Not later than 15 months after the date
on which the program is established, and 90 days after the end
of each fiscal year for each fiscal year thereafter, the
Secretary shall submit to the appropriate committees of
Congress and make publicly available a report that describes,
with respect to the program--
``(A) the number of applications received by each
State and Indian tribe from eligible entities for that
fiscal year;
``(B) the number of loans made by each State and
Indian tribe for that fiscal year--
``(i) to eligible entities; and
``(ii) directly to qualified consumers;
``(C) the eligible entities that are the recipients
of the loans described in subparagraph (B)(i); and
``(D) the manner in which the program was
advertised to eligible entities and the general public.
``(2) Consultation.--The Secretary shall consult with and
obtain information from States and Indian tribes in preparing
the report submitted under paragraph (1).
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out this section $150,000,000 for
each of fiscal years 2021 through 2026.
``(2) Supplement not supplant.--The funding provided to a
State or Indian tribe under subsection (d) for each fiscal year
shall be used to supplement, not supplant, any Federal, State,
or other funds otherwise made available to that State or Indian
tribe under--
``(A) a State energy conservation plan established
under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.); or
``(B) the Weatherization Assistance Program for
Low-Income Persons established under part A of title IV
of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.).''.
(b) State Energy Conservation Plans.--Section 362(d)(5) of the
Energy Policy and Conservation Act (42 U.S.C. 6322(d)(5)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following:
``(C) which may include the community energy
savings program under section 362A;''.
(c) Technical Amendment.--The table of contents for the Energy
Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is
amended by inserting after the item relating to section 362 the
following:
``Sec. 362A. Community energy savings program.''.
TITLE III--HOUSING ASSISTANCE FOR HOMELESS AND LOW-INCOME FAMILIES
SEC. 301. INCREASING DIRECT RENTAL ASSISTANCE.
(a) In General.--Section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the
following:
``(21) Emergency rental assistance voucher program.--
``(A) Definition of indian tribe.--In this
paragraph, the term `Indian tribe' has the meaning
given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130).
``(B) Vouchers.--The Secretary shall set aside,
from amounts made available for rental assistance under
this subsection, the amount specified in subparagraph
(F) to provide vouchers to tenants that are eligible
for tenant-based assistance under this subsection.
``(C) Set aside.--Of the amount appropriated under
subparagraph (F) for each fiscal year, the Secretary
shall allocate as grant funds--
``(i) 98 percent to be provided to States;
and
``(ii) 2 percent to be provided to Indian
tribes in accordance with subparagraph (D).
``(D) Allocation to indian tribes.--Of the amount
allocated for Indian tribes under subparagraph (C)(ii),
the Secretary shall allocate funds to each Indian tribe
under this paragraph during that fiscal year based on a
formula established by the Secretary that takes into
account any factor that the Secretary determines to be
appropriate.
``(E) Publication of allocation formulas.--Not
later than 90 days before the beginning of each fiscal
year for which grants are provided to States and tribal
housing authorities under this paragraph, the Secretary
shall publish in the Federal Register the formulas for
allocation established under this paragraph.
``(F) Amounts.--The amount specified in this
subparagraph is--
``(i) for fiscal year 2021, the amount
necessary to provide 100,000 vouchers for
rental assistance under this subsection;
``(ii) for fiscal year 2022, the amount
necessary to provide 200,000 vouchers for
rental assistance under this subsection;
``(iii) for fiscal year 2023, the amount
necessary to provide 300,000 vouchers for
rental assistance under this subsection;
``(iv) for fiscal year 2024, the amount
necessary to provide 400,000 vouchers for
rental assistance under this subsection;
``(v) for fiscal year 2025, the amount
necessary to provide 500,000 vouchers for
rental assistance under this subsection;
``(vi) for fiscal year 2026, the amount
necessary to provide 600,000 vouchers for
rental assistance under this subsection;
``(vii) for fiscal year 2027, the amount
necessary to provide 700,000 vouchers for
rental assistance under this subsection;
``(viii) for fiscal year 2028, the amount
necessary to provide 800,000 vouchers for
rental assistance under this subsection;
``(ix) for fiscal year 2029, the amount
necessary to provide 900,000 vouchers for
rental assistance under this subsection; and
``(x) for fiscal year 2030, the amount
necessary to provide 1,000,000 vouchers for
rental assistance under this subsection.
``(G) Amount of voucher.--A voucher provided to a
tenant under this paragraph shall be in an amount that
is not more than 110 percent of the small area fair
market rental established under section 8(c) for the
area in which the tenant resides.
``(H) Administrative fee.--Each public housing
agency or tribal housing authority that administers a
voucher provided under this paragraph shall be provided
with amounts necessary to cover all related
administrative fees.
``(I) Administration of vouchers.--
``(i) Priority.--The Secretary shall give
priority to public housing agencies over State
housing finance agencies with respect to the
administration of vouchers provided under this
paragraph.
``(ii) State housing finance agencies.--A
State housing finance agency may apply for and
administer a voucher provided under this
paragraph on the same terms as a public housing
agency if the Secretary determines that public
housing agencies in that State lack the
capacity to administer the voucher.
``(J) No arbitrary time limit.--The Secretary shall
not limit the amount of time a voucher holder is
eligible to receive rental assistance under this
paragraph, except by an individualized determination
that ending rental assistance serves the best interest
of the voucher holder.''.
(b) Set Aside.--An amount equal to 20 percent of the funds
appropriated to carry out paragraph (21) of section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)), as added by subsection
(a), in a fiscal year shall be set aside and transferred to the
Restorative Housing Justice Fund established under section 113(h).
(c) Prohibition on Denial of Assistance Based on Non-Violent
Criminal Convictions.--Section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)), as amended by subsection (a) of this
section, is amended by adding at the end the following:
``(22) Prohibition.--Each public housing agency or tribal
housing authority that administers a voucher provided under
this subsection shall not establish eligibility criteria for
the voucher that excludes individuals with non-violent criminal
convictions, except for--
``(A) registered sex offenders; and
``(B) a person described in section 16(f).''.
SEC. 302. SUPPORTIVE TINY HOUSING VILLAGE INNOVATION PILOT PROGRAM.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a public housing agency;
(2) a religious organization;
(3) an Indian tribe that has jurisdiction over Indian
country; and
(4) a nonprofit housing entity.
(b) Establishment.--The Secretary shall establish a pilot program
to provide grants to eligible entities to promote innovation and
increased capacity of tiny housing village programs.
(c) Priority.--In awarding grants under this section, the Secretary
shall prioritize funding for public housing agencies, religious
organizations, Indian tribes that have jurisdiction over Indian
country, and nonprofit housing entities to construct and operate gate-
controlled tiny home villages or community spaces that--
(1) have a per unit cost of not more than $25,000,
including all necessary construction materials, labor, shared
infrastructure, dining, laundry, and sanitation facilities;
(2) require residents to receive not less than 1 hour of
weekly case management; and
(3) permit residents to bring and share their housing unit
with a partner, an assistance animal, or a pet.
(d) Case Managers.--In hiring case managers to provide assistance
to residents in the tiny home village or community space under this
section, a public housing agency shall give priority to applications
submitted by former residents.
(e) Matching Funding.--A recipient of a grant under this section
shall provide matching non-Federal funds in an amount equal to 50
percent of the grant amount.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2021 through 2030.
SEC. 303. PERMANENT SUPPORTIVE HOUSING.
(a) In General.--Out of funds in the Treasury not otherwise
appropriated, there is appropriated to the Secretary $1,000,000,000 for
each of fiscal years 2021 through 2030 to provide grants under title IV
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.)
to support permanent supportive housing, including capital costs,
rental subsidies, and services.
(b) Technical Assistance.--Of amounts appropriated under subsection
(a), there shall be allocated to the Secretary $25,000,000 in each
fiscal year for under-capacity jurisdictions to develop comprehensive
whole-of-local government plans to build capacity for permanent
supportive housing in a rural area, as defined in section 1282.1 of
title 12, Code of Federal Regulations, or any successor regulation.
(c) Equity Evaluation.--Of amounts appropriated under subsection
(a), there shall be allocated to the Secretary $25,000,000 in each
fiscal year for housing innovation research centers to evaluate access
barriers impacting people of color within existing permanent supportive
housing implementation criteria.
SEC. 304. NAVIGATION CENTER PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish a grant program
to provide funding to State and local governments to create low-barrier
navigation centers for individuals and families experiencing
homelessness.
(b) Use of Funds.--A low-barrier navigation center created by a
grant recipient shall--
(1) provide intensive management services, including
connections to health care, employment, legal aid, and
permanent housing, to individuals and families experiencing
homelessness; and
(2) allow an individual or family experiencing homelessness
to stay at the center for not more than 90 continuous days per
180-day period.
(c) Matching Funding.--A recipient of a grant under this section
shall provide matching non-Federal funds in an amount equal to 100
percent of the grant amount.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $50,000,000 for each of fiscal years 2021 through 2025;
and
(2) $100,000,000 for each of fiscal years 2026 through
2030.
TITLE IV--HOUSING AND HOMELESSNESS INNOVATION
SEC. 401. HOUSING AND HOMELESSNESS INNOVATION RESEARCH CENTERS.
(a) Establishment.--The Secretary shall establish not less than 1
housing and homelessness innovation research center in each region of
the Department of Housing and Urban Development.
(b) Reports.--Each center established under subsection (a) shall,
on an annual basis, submit a report to the Secretary and Congress that
includes--
(1) recommendations for changes to Federal policy
surrounding housing and homelessness; and
(2) a study of best practices to preserve low- and middle-
cost housing and expand low-cost housing options in the region
served by the center, including single room occupancy units,
manufactured housing, shelters, housing units under 400 square
feet, stacked flats, and accessory dwelling units.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2021 through 2030.
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