[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5196 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5196
To expedite application for payment of rental arrearages by landlords
and mandate tenant access to financial assistance, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 7, 2021
Ms. Waters (for herself, Ms. Williams of Georgia, Mrs. Carolyn B.
Maloney of New York, Ms. Velazquez, Mr. Green of Texas, Ms. Garcia of
Texas, Mr. Torres of New York, and Ms. Adams) introduced the following
bill; which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To expedite application for payment of rental arrearages by landlords
and mandate tenant access to financial assistance, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expediting Assistance to Renters and
Landlords Act of 2021''.
SEC. 2. EXPEDITING APPLICATIONS FOR PAYMENT OF RENTAL ARREARAGES BY
LANDLORDS.
(a) In General.--Section 501(f) of subtitle A of title V of
Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C.
9058a(f))is amended--
(1) by inserting after paragraph (2) the following:
``(3) Requirements for applications submitted on behalf of
tenant without tenant consent.--
``(A) In general.--The Secretary shall not later
than 30 days after the date of the enactment of this
paragraph establish a process for a landlord of a
residential dwelling to submit an application on the
behalf of a renter when such landlord is unable to
obtain the consent of such renter to submit such
application for after taking reasonable steps to obtain
such signature, as determined by the Secretary.
``(B) Notice of application.--The process
established by the Secretary pursuant to subparagraph
(A) shall require a landlord of a residential dwelling
who submits an application for assistance without the
consent of the renter of such dwelling to notify the
renter of the intent of the landlord to submit such
application not less than 10 days before such landlord
submits such application.
``(C) Satisfaction of outstanding monetary
claims.--If a landlord of a residential dwelling
submits an application for assistance on behalf of a
renter without the consent of such renter and receives
assistance under this section, such amount shall be
deemed to satisfy all monetary claims relating to rent
such landlord may have against such renter during the
period between the date on which the national emergency
concerning the novel coronavirus disease (COVID-19)
outbreak was declared by the President and the date on
which the application is submitted by the landlord.
``(D) Documentation.--
``(i) In general.--The Secretary shall,
with respect to documentation required for
applications for assistance, establish methods
for landlords to establish the income of a
renter when the landlord does not have the
consent of the renter, including the use of
proxies of income.
``(ii) 4 or fewer dwellings.--The Secretary
shall, where possible, limit the amount of
documentation required for an application for
assistance in the case of a landlord that owns
4 or fewer residential dwellings.
``(E) Conditions on assistance.--
``(i) In general.--The landlord shall
comply with any conditions the Secretary of the
Treasury may prescribe to ensure that renters
remain stably housed.
``(ii) 120-day eviction prohibition.--The
Secretary of the Treasury shall, not later than
30 days after the date of the enactment of this
paragraph, to ensure that renters remain stably
housed, prohibit any landlord that receives
assistance from a grantee under this section
with respect to a particular renter from
evicting such renter, except when the tenancy
constitutes a direct threat to the health and
safety of other individuals or would result in
substantial physical damage to the property of
others, during the 120-day period after the
date on which such assistance was received by
the landlord from the grantee.
``(iii) Eviction-related requirements.--The
Secretary of the Treasury shall, not later than
30 days after the date of the enactment of this
paragraph, require any landlord that receives
assistance from a grantee under this section
with respect to a particular renter to, with
respect to such renter--
``(I) set aside and vacate any past
eviction judgement based on nonpayment
of rent covered by the application for
assistance; and
``(II) rescind any eviction notice
and agree to seal any eviction filing,
if applicable.
``(F) Notice of arrearages received.--If a grantee
provides rental arrearages to a landlord based on an
application submitted by the landlord on behalf of a
renter, such landlord must--
``(i) notify such renter that such rental
arrearages were received from the grantee;
``(ii) notify such renter if the landlord
applies for assistance in the amount of rent
due during the 120-day period described in
subparagraph (F); and
``(iii) inform such renter that the
landlord is prohibited from terminating the
lease agreement or evicting such renter, except
when the tenancy constitutes a direct threat to
the health and safety of other individuals or
would result in substantial physical damage to
the property of others, during the 120 day
period after such rental arrearages were
received by the landlord from the grantee.
``(G) Vacant properties.--The Secretary shall
establish a process for a landlord to submit an
application for assistance on behalf of a renter who
has vacated a dwelling, provided that the landlord did
not file an eviction notice on such renter.
``(H) Grantee notification process.--Each grantee
that provides assistance to a landlord with respect to
a residential dwelling under this paragraph shall
establish a process to notify state and local courts
and the renter of such residential dwelling that--
``(i) rent is no longer past due with
respect to such renter; and
``(ii) any eviction proceedings relating to
the nonpayment of rent by such renter should be
halted.
``(I) Notification of rights.--Each grantee that
provides assistance to a landlord with respect to a
residential dwelling under this paragraph shall inform
the renter of such residential dwelling about--
``(i) the rights of such renter under the
Fair Housing Act and relevant State and local
laws relating to fair housing; and
``(ii) how such renter can file complaints
with respect to violations of the Fair Housing
Act and violations of relevant State and local
laws relating to fair housing.
``(J) Rule of construction.--Nothing in this
paragraph may be construed to prevent a renter of a
dwelling from applying for assistance related to items
described in section 501(c)(2)(A) that are not included
in an application submitted by a landlord on behalf of
the renter.''.
(b) Prioritization of Assistance.--Section 501(c)(4) of subtitle A
of title V of Division M of the Consolidated Appropriations Act, 2021
(15 U.S.C. 9058a(c)(4)) is amended by adding at the end the following:
``(C) The grantee shall prioritize applications
filed by renters and applications filed by landlords on
behalf of renters with the consent of the renter over
any application filed by a landlord without the consent
of a renter.''.
SEC. 3. MANDATING TENANT ACCESS TO FINANCIAL ASSISTANCE.
(a) In General.--Section 501(c) of subtitle A of title V of
Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C.
9058a(c)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``12 months'' and inserting
``20 months''; and
(ii) by striking ``for an additional 3
months'' and inserting ``for an additional 4
months'';
(B) in subparagraph (B)(i), by striking ``3
months'' and inserting ``4 months''; and
(C) in subpargraph (C)(i)(I) by striking ``the
grantee may make such payments'' and inserting ``the
grantee shall make such payments''; and
(2) in paragraph (3) by striking ``to provide eligible
households'' and inserting ``to provide `low-income families'
as such term is defined in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b))''.
(b) Extended Period for Assistance.--Section 3201(d)(1)(A) of the
American Rescue Plan Act of 2021 is amended--
(1) in clause (i), by striking ``18 months'' and inserting
``24 months''; and
(2) in clause (ii), by striking ``18 months'' and inserting
``24 months''.
(c) Limitation of Liability.--Section 501 of subtitle A of title V
of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C.
9058a) is amended by adding at the end the following:
``(m) Safe Harbor.--A grantee may not be subject to liability for
the provision of assistance under this section to a renter who does not
meet the eligibility requirements set forth under this section if such
grantee provides such assistance in good faith reliance on attestations
of eligibility or use of proxies of income provided by the renter
pursuant to the requirements of this section or rules issued by the
Secretary under this section.''.
(d) Eligible Household Defined.--Section 501(k)(3) of subtitle A of
title V of Division M of the Consolidated Appropriations Act, 2021 (15
U.S.C. 9058a(k)(3)) is amended--
(1) in subparagraph (A)--
(A) by striking ``with respect to which the
eligible grantee involved determines'' and inserting
``with respect to which the eligible grantee determines
by accepting any attestation of the household as
true,''; and
(B) by striking ``hardship due, directly'' an
inserting ``hardship, during or due, directly''
(2) by striking in subparagraph (C) and inserting the
following:
``(C) Income determination.--In determining the
income of a household for purposes of determining such
household's eligibility for assistance from a payment
made under this section (including for purposes of
subsection (c)(4)), the eligible grantee involved shall
accept any attestation of the household with respect to
eligibility as true.''.
(e) Lease Requirement Prohibited.--Section 501 of subtitle A of
title V of Division M of the Consolidated Appropriations Act, 2021 (15
U.S.C. 9058a) is amended by adding at the end the following:
``(n) Lease Requirement Prohibited.--The Secretary shall prohibit
grantees from requiring a renter to submit a written lease agreement to
be eligible for assistance under this section.''.
SEC. 4. PERFORMANCE IMPROVEMENT PLANS.
Section 501(c) of subtitle A of title V of Division M of the
Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(c)) is amended
by adding at the end the following:
``(6) Performance improvement plans.--The Secretary shall
require any eligible grantee that has, on September 30, 2021,
obligated less than 25 percent of any amounts such eligible
grantee has received under this section to provide to the
Secretary a performance improvement plan that explains how such
eligible grantee will expedite the delivery of assistance to
renters and landlords.''.
SEC. 5. OUTREACH TO RENTERS AND LANDLORDS AND TECHNICAL ASSISTANCE.
Section 501 of subtitle A of title V of Division M of the
Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a) is amended by
adding at the end the following:
``(o) Outreach and Technical Assistance.--
``(1) Outreach.--The Secretary and the grantee shall
conduct outreach to renters and landlords to ensure maximum
participation in the emergency rental assistance program
established under this section, including by--
``(A) not later than 30 days after the date of the
enactment of this subsection sending direct mail to all
taxpayers that educates the taxpayers about the
emergency rental assistance program established under
this section and how the taxpayer may qualify for
assistance;
``(B) not later than 30 days after the date of the
enactment of this subsection sending direct mail to
taxpayers who received rental income in 2020 that
informs such taxpayers that renters of their dwellings
may qualify for the emergency rental assistance program
established under this section; and
``(C) purchasing television, radio and electronic
advertisement to educate Americans about the emergency
rental assistance program established under this
section and how Americans may qualify for assistance.
``(2) Technical assistance.--The Secretary shall provide
technical assistance to grantees and this technical assistance
shall include--
``(A) assisting grantees with the development and
administration of programs under this section;
``(B) providing technical advice and technology to
grantees, including software and automated payment
disbursement tools; and
``(C) other information and technical assistance as
the Secretary determines appropriate to assist grantees
to achieve the objectives of this section.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of the Treasury
to carry out the outreach and technical assistance required
under this subsection $50,000,000 for use in fiscal year
2022.''.
SEC. 6. RECAPTURE PROCESS MODIFICATION.
Section 501(d) of subtitle A of title V of Division M of the
Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(d)) is amended--
(1) by striking ``Beginning on September 30, 2021,'' and
inserting the following:
``(1) In general.--Beginning on September 30, 2021,'';
(2) by striking ``The amount of any such reallocation'' and
inserting the following:
``(2) Amount.-- The amount of any such reallocation''; and
(3) in paragraph (1)--
(A) by striking ``uses described under subsection
(c).'' and inserting ``uses described under subsection
(c);'';
(B) by striking ``to eligible grantees'' and
inserting the following:
``(A) to eligible grantees''; and
(C) by inserting after subparagraph (A) the
following:
``(B) to any nonprofit entity that primarily
provides housing services and operates in the
jurisdiction of the grantee from whom the funds were
recaptured; or
``(C) to a public or private entity supervised by a
court that primarily provides housing services and
operates in the jurisdiction of the grantee from whom
the funds were recaptured.''.
SEC. 7. COLLABORATION WITH PUBLIC ENTITIES.
(a) In General.--Section 501 of subtitle A of title V of Division M
of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a) is
amended--
(1) in subsection (c)(5)(A)--
(A) by striking ``10 percent'' and inserting ``15
percent''; and
(B) by striking ``related to such funds.'' and
inserting ``related to such funds and for collaboration
with public entities as described in subsection (n).''.
(2) by adding at the end the following:
``(p) Collaboration With Public Entities.--
``(1) In general.--The Secretary of the Treasury shall, not
later than 30 days after the enactment of this subsection,
issue guidance designed to instruct eligible grantees with
respect to how best to collaborate with public entities to
provide application assistance services.
``(2) Use of amounts paid to eligible grantee.--
Notwithstanding subsection (c)(5), an eligible grantee that
collaborates with public entities pursuant to the guidance
issued by the Secretary of the Treasury pursuant to paragraph
(1) may use amounts available for administrative costs under
section (c)(5) to, in coordination with one or more public
entities, develop any administrative infrastructure necessary
to provide application assistance services, including--
``(A) training the employees of a public entity or
other designated institutional representative of a
public entity about how to complete the emergency
rental application process;
``(B) maintaining physical and electronic copies of
all documents needed to apply for assistance;
``(C) establishing methods of communication between
eligible grantees, public entities, community
organizations, and individual households;
``(D) providing language translation services;
``(E) developing community outreach materials,
programs, and initiatives; and
``(F) collecting and storing relevant documentation
on-site at the public entity, or with a third party in
a manner that complies with Federal, State, and local
law.
``(3) Definitions.--In this subsection:
``(A) Application assistance services.--The term
`application assistance services' means--
``(i) distributing applications for
assistance to individuals that may qualify for
assistance; and
``(ii) assisting individuals applying or
assistance.
``(B) Public entity.--The term public entity
includes--
``(i) public elementary schools and public
secondary schools (as such terms are defined
under section 8101 of the Elementary and
Secondary Education Act of 1965);
``(ii) public libraries;
``(iii) HUD-approved housing counseling
agencies and other entities receiving funds
under section 3204 of the American Rescue Plan
Act of 2021;
``(iv) courts that handle eviction related
matters;
``(v) public housing agencies;
``(vi) public transit systems;
``(vii) State departments of motor
vehicles;
``(viii) the United States Postal Service;
and
``(ix) Federal, State, and local social
service providers.''; and
(b) Collaboration With Public Entities.--Section 3201 of the
American Rescue Plan Act of 2021 is amended by adding at the end the
following:
``(i) Collaboration With Public Entities.--
``(1) In general.--The Secretary of the Treasury shall, not
later than 30 days after the enactment of this subsection,
issue guidance designed to instruct eligible grantees with
respect to how best to collaborate with public entities to
provide application assistance services.
``(2) Use of amounts paid to eligible grantee.--An eligible
grantee that collaborates with public entities pursuant to the
guidance issued by the Secretary of the Treasury pursuant to
paragraph (1) may use not more than 15 percent of the amount
paid to such eligible grantee under this section to, in
coordination with one or more public entities, develop any
administrative infrastructure necessary to provide application
assistance services, including--
``(A) training the employees of a public entity or
other designated institutional representative of a
public entity about how to complete the emergency
rental application process;
``(B) maintaining physical and electronic copies of
all documents needed to apply for assistance;
``(C) establishing methods of communication between
eligible grantees, public entities, community
organizations, and individual households;
``(D) providing language translation services;
``(E) developing community outreach materials,
programs, and initiatives; and
``(F) collecting and storing relevant documentation
on-site at the public entity, or with a third party in
a manner that complies with Federal, State, and local
law.
``(3) Definitions.--In this subsection:
``(A) Application assistance services.--The term
`application assistance services' means--
``(i) distributing applications for
assistance to individuals that may qualify for
assistance; and
``(ii) assisting individuals applying or
assistance.
``(B) Public entity.--The term public entity
includes--
``(i) public elementary schools and public
secondary schools (as such terms are defined
under section 8101 of the Elementary and
Secondary Education Act of 1965);
``(ii) public libraries;
``(iii) public housing agencies;
``(iv) public transit systems;
``(v) State departments of motor vehicles;
``(vi) the United States Postal Service;
and
``(vii) Federal, State, and local social
service providers.''.
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