[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8327 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8327
To authorize the Secretary of Housing and Urban Development to carry
out a rent stabilization program to provide short-term financial
assistance to extremely low-income families at risk of eviction, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2022
Mr. Torres of New York (for himself and Mr. Gomez) introduced the
following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To authorize the Secretary of Housing and Urban Development to carry
out a rent stabilization program to provide short-term financial
assistance to extremely low-income families at risk of eviction, 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 ``Stable Families Act of 2022''.
SEC. 2. EMERGENCY ASSISTANCE PROGRAM.
(a) In General.--The Secretary is authorized to make funds
available to State, local, territorial, and Tribal governments (in this
section referred to as ``eligible grantees'') for the purpose of
providing financial assistance and housing stabilization services to
extremely low-income households to prevent evictions, homelessness, and
other housing instability.
(b) Distribution of Funds.--An eligible grantee receiving
assistance under this section may distribute all or a portion of such
assistance to private nonprofit organizations, other government
entities, public housing agencies, Tribally designated housing
entities, or other entities as determined by the Secretary to carry out
programs in accordance with this section.
(c) Designation.--An eligible grantee that receives a grant under
this section may designate 1 or more entities to carry out programs in
accordance with this section.
(d) Household Eligibility.--
(1) In general.--A household that is eligible to receive
assistance under a program established under this section (in
this section referred to as an ``eligible household'') shall
be--
(A) extremely low-income, as defined in section
3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b));
(B) at risk of housing instability and experiencing
a short-term crisis, as attested to in writing by the
household, which may include--
(i) a decline in household income;
(ii) a family or health crisis;
(iii) unexpected expenses;
(iv) unsafe or unhealthy living conditions;
or
(v) any other event as determined by the
Secretary; and
(C) obligated to pay rent on a residential dwelling
or experiencing homelessness, as defined in section 103
of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302).
(2) Housing type.--Assistance under a program established
under this section shall be provided to eligible households
regardless of housing type, or lack thereof, including--
(A) rental properties, hotels, or motels where the
households are covered by State, Tribal, or local
eviction laws;
(B) manufactured housing;
(C) mobile homes;
(D) single rooms; and
(E) other types of subsidized and unsubsidized
housing.
(3) Lease requirements.--Assistance under a program
established under this section shall be provided to eligible
households with written or oral leases, subleases, or informal
tenancy arrangements, allowing households to self-certify lease
agreements.
(e) Limitation.--
(1) In general.--Assistance under a program established
under this section shall be provided to an eligible household
for arrears and a period not to exceed 4 months during any
period of 3 years, except that grantees may provide assistance
for an additional 3 months only if necessary to ensure housing
stability for the eligible household, subject to the
availability of funds.
(2) Exception for periods of high unemployment, emergency,
or major disaster.--Assistance under a program established
under this section shall be provided to an eligible household
for a period not to exceed 12 months, except that grantees may
provide assistance for an additional 3 months only if necessary
to ensure housing stability for the eligible household, subject
to the availability of funds--
(A) if for any month during the fiscal year the
average rate of unemployment (seasonally adjusted) for
the United States or for the State in which the
eligible grantee is located, for the period consisting
of the most recent 3 months for which data for all
States are published, equals or exceeds 5.5 percent; or
(B) in any fiscal year in which a declaration of a
major disaster or emergency under section 401 or 501 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170, 5191) is in effect with
respect to the jurisdiction covered by an eligible
grantee.
(f) Use of Funds.--
(1) In general.--An eligible grantee shall--
(A) use grant amounts to help eligible households
overcome a short-term crisis impacting housing
stability and provide financial assistance and housing
stability-related services to those eligible
households; and
(B) evaluate the eligibility of households in a
manner consistent with Federal nondiscrimination
requirements.
(2) Financial assistance.--A recipient of a grant under
this section shall use the grant funds to provide housing-
related financial assistance to eligible households in the form
of payments, including--
(A) direct payments to the eligible households; and
(B) the payment of--
(i) rent and rent arrears;
(ii) utilities and home energy costs and
utilities and home energy costs arrears;
(iii) relocation costs; and
(iv) other housing-related expenses, as
defined by the Secretary.
(3) Housing stability-related services.--Not more than 25
percent of amounts received by a recipient of a grant under
this section shall be used to provide housing stability-related
services to eligible households, including--
(A) services for case management, including
community resources to negotiate and resolve issues to
keep eligible households housed;
(B) rehousing and relocation services;
(C) services provided by housing counseling
agencies approved by the Department to negotiate and
resolve financial issues;
(D) legal services;
(E) services to connect those eligible households
to other public supports, including long-term housing
assistance;
(F) referrals to other services for behavioral,
emotional, and mental health issues, domestic violence,
child welfare issues, employment, substance abuse
treatment, or other services; and
(G) other services to promote housing stability as
determined by the Secretary.
(4) Evaluation.--Of amounts made available under subsection
(n) for fiscal year 2022, not more than $10,000,000 shall be
used by the Secretary to conduct a rigorous program evaluation
under subsection (k).
(5) Administrative costs.--A recipient of a grant under
this section may not use more than 10 percent of the total
amount received under this section for administrative costs.
(g) Allocation of Resources.--
(1) Initial eligibility.--The Secretary, in consultation
with the Secretary of Health and Human Services, the Secretary
of the Treasury, and the Secretary of Agriculture, shall
develop a formula for determining the initial funding
eligibility for eligible grantees based on--
(A) the number of extremely low-income renter
households with severe cost burdens, the number of
extremely low-income households experiencing severe
overcrowding, and the unemployment rate in each
jurisdiction;
(B) the prior performance of the grantee, including
whether the eligible grantee has any unresolved,
systemic housing-related civil rights violations; and
(C) other factors as determined by the Secretary.
(2) Notification of initial eligibility.--The Secretary
shall notify eligible grantees of their initial eligibility for
funding within 30 days of the date of enactment of the
appropriate Act making appropriations for the Department for
the fiscal year.
(3) Statement of grantee interest and commitment.--Within
90 days of receiving the notification described in paragraph
(2), each eligible grantee shall--
(A) notify the Secretary of its intent to
participate in the program authorized by this section
during the fiscal year for which the Secretary is
making funds available; and
(B) if the eligible grantee notifies the Secretary
of its intent to participate in the program, the
eligible grantee shall concurrently submit--
(i) a detailed plan describing how the
eligible grantee will--
(I) use the funds to prevent
evictions, homelessness, and other
housing instability, consistent with
the requirements of this section,
including any plans to distribute the
funds to private nonprofit
organizations, other government
entities, public housing agencies, or
other entities as determined by the
Secretary;
(II) implement and administer a
program to distribute funds quickly and
efficiently to eligible households,
including through the use of
appropriate technology;
(III) make the plan publicly
accessible; and
(IV) raise awareness of the
availability of assistance under the
plan, including among renters and
rental property owners; and
(ii) a statement that the eligible grantee
will participate in a rigorous evaluation of
the effectiveness of the program, if requested
to do so by the Secretary.
(4) Plan submission and public availability.--An eligible
grantee shall--
(A) make the plan submitted under paragraph
(3)(B)(i) publicly available on a website of the
eligible grantee, including in a format that is
accessible to individuals with disabilities; and
(B) conduct public hearings and solicit comment on
the plan submitted under paragraph (3)(B)(i) using the
procedure described in paragraph (5).
(5) Public hearing and solicitation of comments.--
(A) In general.--In conducting public hearings and
soliciting comments on a plan submitted under paragraph
(3)(B)(i), each eligible grantee shall follow the
requirements of the citizen participation plan adopted
pursuant to section 91.105 of title 24, Code of Federal
Regulations, or any successor regulation, except as
provided in this paragraph.
(B) Initial hearing.--Before submitting the plan to
the Secretary required under paragraph (3)(B)(i), an
eligible grantee shall--
(i) hold a public hearing on the plan; and
(ii) provide the public with a reasonable
opportunity to view and comment on the plan,
which shall be for a period of not less than 10
days.
(C) Subsequent hearings.--Not later than 60 days
after the initial hearing under subparagraph (B), an
eligible grantee shall conduct a public hearing to
solicit feedback on grants provided under this section.
(D) Consultation.--In addition to any other citizen
participation and consultation requirements, in
developing and implementing a plan to carry out this
section, each eligible grantee shall consult with--
(i) the applicable Continuum or Continuums
of Care for the area served by the eligible
grantee;
(ii) organizations representing underserved
communities and populations; and
(iii) organizations with expertise in
affordable housing, fair housing, and services
for individuals with disabilities.
(6) Allocation of prorated funds.--Not later than 120 days
after the enactment of appropriations Act making appropriations
for the program authorized under this section, the Secretary
shall allocate to each eligible grantee that notified the
Secretary of its intent to participate in the program,
consistent with the requirements in paragraph (3), the amount
of funding for which the eligible grantee is eligible under the
formula described in paragraph (1), plus any additional
prorated amounts made available as a result of State, local,
and Tribal governments having notified the Secretary of their
intent to decline to participate or has indicated its intent
not to participate under the terms of paragraph (3), in
accordance with the payment schedule described in paragraph
(8).
(7) Distribution of declined funds.--
(A) In general.--If the Secretary determines as of
120 days after the enactment of appropriations for the
program authorized under this section that an eligible
grantee has declined to receive its full allocation or
has not indicated its intent to participate, not later
than 15 days after such date, the Secretary--
(i) except as provided in clause (ii) and
subparagraph (B), shall redistribute, on a pro
rata basis, such allocation among the other
eligible grantees in the State (or States, if
the eligible grantee is a Tribal government
with jurisdiction in more than 1 State) that
have not declined to receive their allocations;
or
(ii) if no other eligible grantees exist in
a relevant State, may contract with units of
local government within the State to administer
funds within the State.
(B) Exception.--If a redistribution under
subparagraph (A)(i) would result in eligible grantees
in a State receiving an increase of not less than 20
percent in funds received under the grant program, any
amount above the 20 percent increase in funds shall be
returned to the Secretary and distributed across all
eligible grantees that did not decline their full
allocation.
(h) Continuous Improvement.--The Secretary shall establish a
process that incorporates findings from rigorous evaluation of the
grant program authorized under this section into subsequent guidance
and best practices for eligible grantees.
(i) Evaluation of Grantees.--The Secretary shall--
(1) using data provided by eligible grantees, conduct a
rigorous evaluation of the grant program authorized under this
section that includes an assessment of--
(A) the ease with which eligible households are
able to access assistance;
(B) the effectiveness of the intervention models of
the program in preventing housing instability in
general and for eligible households of different types
and income levels;
(C) the cost-effectiveness of the program; and
(D) other indicators as determined by the
Secretary;
(2) publicly disseminate, through internet websites and
other means, interim findings as soon as they become available
relating to programs established by recipients of a grant under
this section; and
(3) make the evaluations described in paragraph (1)
publicly available.
(j) Reporting Requirements.--
(1) In general.--The Secretary shall publish public reports
not less frequently than annually regarding the use of funds
made available under this section, which shall include, with
respect to each eligible grantee under this section--
(A) the number of eligible households that receive
assistance;
(B) the acceptance rate of applicants for
assistance;
(C) the type or types of assistance provided to
each eligible household;
(D) the average amount of funding provided per
eligible household receiving assistance;
(E) the average number of monthly rental or utility
payments that were covered by the funding amount that
an eligible household received, as applicable;
(F) the rate of evictions in the jurisdiction; and
(G) the rate of evictions of households that
received assistance under this program in the
jurisdiction.
(2) Data.--Each report under this subsection shall
disaggregate the information relating to eligible households by
the gender, race, and ethnicity of the primary applicant for
assistance in those eligible households.
(3) Alternative requirements.--The Secretary may establish
alternative reporting requirements for Tribal and territorial
eligible grantees and Tribally designated housing entities in
carrying out activities under this section, including exempting
Tribal eligible grantees and Tribally designated housing
entities from--
(A) the Fair Housing Act (42 U.S.C. 3601 et seq.);
and
(B) the citizen participation and consultation
requirements under subpart B of part 91 of title 24,
Code of Federal Regulations, or any successor
regulation.
(4) Privacy requirements.--
(A) In general.--Each eligible grantee that
receives a grant under this section shall establish
data privacy and security requirements for the
information described in paragraph (1) that--
(i) include appropriate measures to ensure
that the privacy of individuals is protected;
(ii) provide that the information,
including any personally identifiable
information, is collected and used only for the
purpose of submitting reports under paragraph
(1); and
(iii) provide confidentiality protections
for data collected about any individuals who
are survivors of intimate partner violence,
sexual assault, or stalking.
(B) Statistical research.--
(i) In general.--The Secretary--
(I) may provide full and unredacted
information provided under
subparagraphs (A) through (F) of
paragraph (1), including personally
identifiable information, for
statistical research purposes in
accordance with existing law; and
(II) may collect and make available
for statistical research, at the census
block group level, information
collected under subparagraph (A).
(ii) Application of privacy requirements.--
A recipient of information under clause (i)
shall establish for such information the data
privacy and security requirements described in
subparagraph (A).
(5) Provision of data.--Each eligible grantee shall provide
to the Secretary such data as may be necessary for the
Secretary to complete the reporting requirements under this
subsection.
(k) Report on Program.--Not later than 5 years after the
establishment of the program under this section, the Secretary shall
submit to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives and publish in the Federal Register a report--
(1) evaluating the effectiveness of the strategies pursued
under the grant program; and
(2) that includes recommendations for any necessary changes
to law.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$3,000,000,000 for each of fiscal years 2022 through 2026, and
such sums as may be necessary for each fiscal year thereafter,
to carry out this section.
(2) Reservation of funds for tribal communities.--Of the
amount appropriated under paragraph (1), the Secretary shall
reserve $9,600,000 for activities and assistance authorized
under titles I and VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.) and title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian
Tribes, which shall be made available for entities that are
eligible for payments under clauses (i) and (ii) of section
501(b)(2)(A) of subtitle A of title V of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260).
(3) Allocation for states, territories, and units of local
government.--The amount appropriated under paragraph (1) for a
fiscal year that remains after the application of paragraph (2)
shall be allocated to eligible grantees that are eligible under
subtitle A of title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12741 et seq.), to be used in
a manner that conforms to the formula authorized under
subsection (f).
(4) Pro rata availability.--The Secretary shall only
distribute a pro rata amount of the total appropriated under
paragraph (1) in a fiscal year based on the number of eligible
grantees that are eligible to receive a grant due to the
limitation described in subsection (m)(4).
(m) Availability.--
(1) In general.--Each eligible grantee shall--
(A) with respect to the first 2 fiscal years in
which grants are awarded under this section--
(i) obligate not less than 60 percent of
such grant amounts within 2 years of the date
that such funds become available to the
eligible grantee for obligation; and
(ii) obligate 100 percent of such grant
amounts within 3 years of such date; and
(B) for each subsequent fiscal year--
(i) obligate not less than 60 percent of
such grant amounts within 1 year of the date
that such funds become available to the
eligible grantee for obligation; and
(ii) obligate 100 percent of such grant
amounts within 2 years of such date.
(2) Reallocation after 2 years.--
(A) In general.--The Secretary may recapture any
amounts not obligated in compliance with paragraph
(1)(A) and reallocate and repay such amounts to
eligible grantees in compliance that, at the time of
reallocation, have obligated not less than 65 percent
of the amount originally allocated and paid to the
eligible grantee.
(B) Amount.--The amount of a reallocation described
in subparagraph (A) shall be determined based on
demonstrated need within the jurisdiction covered by
the eligible grantee, as determined by the Secretary.
(3) Rescission and reallocation of funds.--An eligible
grantee may use any funds from grants made under this section
that are unobligated within 3 years for purposes in addition to
those specified in this section, provided that such other
purposes are affordable housing purposes, as defined by the
Secretary, serving very 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))).
(4) Limitation on availability of funds.--An eligible
grantee may only receive a grant under this section after the
earlier of--
(A) the date on which the eligible grantee has
expended all funds provided under the emergency rental
assistance programs under section 501 of division N of
the Consolidated Appropriations Act, 2021 (Public Law
116-260) and section 3201 of the American Rescue Plan
Act (Public Law 117-2); or
(B) the date on which funds provided under the
emergency rental assistance programs under section 501
of division N of the Consolidated Appropriations Act,
2021 (Public Law 116-260) and section 3201 of the
American Rescue Plan Act (Public Law 117-2) are no
longer available for obligation.
(n) Prohibition on Prerequisites.--None of the funds made available
pursuant to this section may be used to require any eligible household
receiving assistance under the program under this section to receive
treatment or perform any other prerequisite activities as a condition
for receiving shelter, housing, or other services.
(o) Use of Self-Certification or Self-Attestation.--The Secretary
shall require eligible grantees to allow eligible households to use
self-certification or self-attestation to meet statutory or regulatory
requirements, to the greatest extent possible.
(p) Treatment of Assistance.--Assistance provided to an eligible
household from a payment made under this section shall not be regarded
as income and shall not be regarded as a resource for purposes of
determining the eligibility of the eligible household or any member of
the eligible household for benefits or assistance, or the amount or
extent of benefits or assistance, under any Federal program or under
any State, local, or Tribal program financed in whole or in part with
Federal funds.
(q) Written Notice of Denial of Assistance.--An eligible household
that is denied assistance by an eligible grantee under the grant
program under this section shall receive written notice of the denial
of assistance within 5 days of the denial, which shall describe the
basis for the denial and provide the eligible household with not less
than 10 days to correct or amend the application.
(r) Non-Supplantation Requirement.--An eligible grantee under this
section shall expend, from other Federal funding sources available to
the eligible grantee, an amount equal to the average fiscal year amount
of total expenditures the eligible grantee made for eviction
prevention, housing stabilization, and homelessness assistance for
fiscal years 2017, 2018, and 2019 for those same activities during the
fiscal year for which funds are paid to an eligible grantee under this
section.
(s) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(2) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given those terms in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) Tribally designated housing entity.--The term
``tribally designated housing entity'' has the meaning given
the term in section 4 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103).
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