[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1431 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1431
To amend the Fair Housing Act, to prohibit discrimination based on use
of section 8 vouchers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2023
Ms. Velazquez introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committees on
Ways and Means, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Fair Housing Act, to prohibit discrimination based on use
of section 8 vouchers, 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 ``Landlord Accountability Act of
2023''.
SEC. 2. PROHIBITING HOUSING DISCRIMINATION BASED ON SOURCE OF INCOME.
(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' includes--
``(1) current and future use of a tenant- or project-based
housing voucher under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f) and any form of Federal, State,
or local housing assistance provided to a person or family or
provided to a housing owner on behalf of a person or family,
including rental vouchers, rental assistance, down payment
assistance, other homeownership assistance, assistance to cover
housing costs, and other rental and homeownership subsidies, or
guarantees or financial assistance provided through government
and nongovernment organizations, including both receipt of such
assistance and compliance with its terms thereof;
``(2) income received as a monthly benefit under title II
of the Social Security Act (42 U.S.C. 401 et seq.), as a
supplemental security income benefit under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.), or as a benefit
under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.) or income provided through Federal, State, or local
governments or nongovernment organizations, or through any
public or State-supported general or disability income
assistance program or the terms of such income;
``(3) income received by court order, including spousal
support and child support;
``(4) any payment from a trust, guardian, conservator, co-
signer, or relative; and
``(5) any other source of income or funds, including
savings accounts and investments.'';
(2) in section 804 (42 U.S.C. 3604)--
(A) by inserting ``source of income,'' after
``familial status,'' each place that term appears; and
(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,'';
(5) in section 807 (42 U.S.C. 3607), by adding at the end
the following new subsection:
``(c) Nothing under this title shall be construed to prohibit any
entity from providing a preference for veterans or based on veteran
status in the sale or rental of a dwelling or in the provision of
services or facilities in connection therewith.'';
(6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by
inserting ``source of income,'' after ``handicap,''; and
(7) in section 810(f) (42 U.S.C. 3610(f)), by striking
paragraph (4) and inserting the following:
``(4) During the period beginning on the date of enactment of the
Landlord Accountability Act of 2023 and ending on the date that is 40
months after such date of enactment, each agency certified for purposes
of this title on the day before such date of enactment shall, for
purposes of this subsection, be considered certified under this
subsection with respect to those matters for which the agency was
certified on that date. If the Secretary determines in an individual
case that an agency has not been able to meet the certification
requirements within this 40-month period due to exceptional
circumstances, such as the infrequency of legislative sessions in that
jurisdiction, the Secretary may extend such period by not more than 6
months.''.
(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 for Enforcement.--There is
authorized to be appropriated for contracts, grants, and other
assistance--
(1) $90,000,000 for each of fiscal years 2024 through 2033
for the Fair Housing Initiatives Program under section 561 of
the Housing and Community Development Act of 1987 (42 U.S.C.
3616a);
(2) $47,000,000 for each of fiscal years 2024 through 2033
for the Fair Housing Assistance Program under the Fair Housing
Act (42 U.S.C. 3601 et seq.); and
(3) $3,000,000 for each of fiscal years 2024 through 2026
to the Secretary of Housing and Urban Development for a
carrying out national media campaign to raise public awareness
to help individuals understand their expanded rights under the
Fair Housing Act and learn how to report incidents of housing
discrimination.
SEC. 3. PENALTIES FOR INTENTIONAL ACTS TO DISQUALIFY DWELLING UNITS
FROM ELIGIBILITY FOR FEDERAL HOUSING PROGRAMS.
(a) Violation.--An owner of a dwelling unit that is available for
rental may not take any action, or fail to take any action, with the
intent to make the dwelling unit insufficiently decent, safe, sanitary,
or inhabitable, or cause such other physical condition, so that the
dwelling does not qualify for assistance within the jurisdiction of the
Department (as such term is defined in section 102(m) of the Department
of Housing and Urban Development Reform Act of 1989 (42 U.S.C.
3545(m))).
(b) Civil Money Penalties.--Any person who is found by the
Secretary of Housing and Urban Development, after notice and
opportunity for a hearing in accordance with section 554 of title 5,
United States Code, to have violated subsection (a) shall be assessed a
civil money penalty by the Secretary in the amount of $100,000 for each
such action or failure to act.
(c) Liability to Tenants.--A tenant who, at the time of a violation
under subsection (a), occupies the dwelling unit to which the violation
relates may bring a civil action for damages in the following amounts:
(1) $50,000 for each action or failure to act in violation
of subsection (a).
(2) Any actual damages and costs to the tenant resulting
from the violation, including any costs of finding a
replacement dwelling unit.
SEC. 4. PENALITIES FOR VACANT UNITS.
(a) Violation; Penalty.--In the case of a dwelling unit that is
located in a multifamily housing project, qualifies for assistance
within the jurisdiction of the Department (as such term is defined in
section 102(m) of the Department of Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3545 (m))), is available for rental, and
is found, after notice and opportunity for a hearing in accordance with
section 554 of title 5, United States Code, to be intentionally left
vacant by the owner for a period of more than 60 days that begins as
provided under subsection (b), the owner shall be assessed a civil
money penalty in the amount of $100,000 for every 30 days that the unit
is found to be intentionally left vacant.
(b) Timing.--
(1) New units.--In the case of a dwelling unit that has not
previously been occupied, such 60-day period shall commence on
the day that the unit is first habitable for occupancy, as
determined by the Secretary.
(2) Existing units.--In the case of a dwelling unit that
has previously been occupied, such 60-day period shall commence
on the day that the unit was vacated by the most recent tenant.
(c) Treatment of Repairs.--In making a determination with respect
to a violation under subsection (a)--
(1) the Secretary shall presume, subject to paragraph (2),
that a dwelling unit that is vacant during any period between
tenancies that the unit is being repaired, updated, renovated,
or refurbished is not available for rental during such period;
and
(2) the Secretary shall treat such presumption as having
been rebutted upon a showing by a prospective tenant, or agent
thereof, that a reasonable period of time for such updating,
renovation, or refurbishment elapsed.
SEC. 5. RESOURCES FOR RECEIVING AND RESOLVING COMPLAINTS REGARDING
MULTIFAMILY HOUSING PROJECTS.
(a) Increased HUD Staffing for Complaint Call Staffing.--
(1) Increased staffing.--The Secretary shall, not later
than the expiration of the 180-day period beginning on the date
of the enactment of this Act, increase the staffing level for
the Multifamily Housing Complaint Line established and operated
by the Multifamily Housing Clearinghouse of the Department so
that it is sufficient and appropriate to handle the volume of
calls received without unreasonable waiting periods.
(2) Authorization of appropriations.--For carrying out
paragraph (1), there are authorized to be appropriated to the
Secretary such sums as may be necessary for each fiscal year
for carrying out paragraph (1).
(b) Multifamily Housing Complaint Resolution Program.--
(1) In general.--The Secretary shall carry out a
Multifamily Housing Complaint Resolution Program for receiving
complaints about multifamily housing projects from voucher
users who reside in such projects and local governmental
officials, under which the Secretary shall provide for--
(A) gathering of information regarding each such
complaint;
(B) determining whether there is a likelihood that
there is any violation of the requirements under the
rental assistance voucher program relating to such
complaint;
(C) informing the owner or landlord of the
complaint and any violations; and
(D) attempting to resolve the complaint and
violations, including through mediation.
(2) Resolution.--The Secretary may provide for carrying out
the activities required under paragraph (1)(D) through regional
or field offices of the Department or through such local or
private organizations or agencies as the Secretary determines
have appropriate capabilities and expertise to carry out such
activities.
(3) Funding.--Amounts made available for administrative
fees under section 8(q) of the United States Housing Act of
1937 (42 U.S.C. 1437f(q)) shall be available for carrying out
the program under this subsection.
(4) Regulations.--Not later than the expiration of the 12-
month period beginning on the date of the enactment of this
Act, the Secretary shall issue any regulations necessary to
establish the Program required under this subsection.
SEC. 6. HUD DISCLOSURE OF LANDLORD COMPLAINTS.
(a) Public Disclosure.--The Secretary shall publicly disclose, on a
website of the Department and on a timely basis, information regarding
each complaint received under the Program establish pursuant to section
5(b), which shall include for each such complaint--
(1) the nature of the complaint;
(2) the date on which such complaint was submitted to the
Department;
(3) the disposition, as of the time of such disclosure, of
such complaint; and
(4) information identifying the multifamily housing project
to which such complaint relates.
(b) Reports to Congress.--The Secretary of Housing and Urban
Development shall submit a report annually to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate summarizing the
complaints described in subsection (a) that were received by the
Department during the preceding year and describing the disposition to
such date of such complaints.
SEC. 7. TAX CREDIT INCENTIVE FOR MAINTENANCE OF MULTIFAMILY HOUSING
WITH VOUCHER USER TENANTS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45AA. LOW-INCOME HOUSING MAINTENANCE CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible landlord, the low-income housing maintenance credit determined
under this section for the taxable year is an amount equal to the
amount of the taxpayer's low-income housing maintenance expenses for
such taxable year.
``(b) Limitations.--
``(1) Per unit limitation.--The credit allowed under
subsection (a) with respect to any taxpayer for any taxable
year shall not exceed the product of $2,500 multiplied by the
number of low-income housing units owned by the taxpayer.
``(2) Per building limitation.--The credit allowed under
subsection (a) with respect to any taxpayer for any taxable
year shall not exceed the product of $100,000 multiplied by the
number of eligible low-income housing projects owned by the
taxpayer.
``(3) Per taxpayer limitation.--The credit allowed under
subsection (a) with respect to any taxpayer for any taxable
year shall not exceed $500,000.
``(c) Eligible Landlord.--For purposes of this section, the term
`eligible landlord' means any taxpayer for any taxable year if--
``(1) such taxpayer owns one or more eligible low-income
housing projects during such taxable year, and
``(2) either--
``(A) each complaint that is filed, under the
program under section 5(b) of the Landlord
Accountability Act of 2023, during such taxable year
with respect to a dwelling unit in an eligible low-
income housing project owned by such taxpayer has been
determined by the Secretary of Housing and Urban
Development to have been remedied not later than the
date which is 30 days after the date on which such
complaint is so filed, or
``(B) no such complaint has been filed with respect
to such a dwelling unit in such a housing project owned
by such taxpayer during such taxable year.
``(d) Other Definitions.--For purposes of this section--
``(1) Low-income housing maintenance expenses.--The term
`low-income housing maintenance expenses' means the aggregate
amount paid or incurred by the taxpayer during the taxable year
for maintenance or improvement of low-income housing units.
``(2) Eligible low-income housing project.--The term
`eligible low-income housing project' means, with respect to a
taxable year, a housing project--
``(A) that consists of five or more dwelling units
at least one of which was occupied during such year by
a family who rented the dwelling unit using a voucher
for rental assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)); and
``(B) with respect to which the eligible landlord
has entered into such binding agreements as the
Secretary of Housing and Urban Development shall
require to ensure that rents for dwelling units in the
project do not, at any time after the taxable year in
which a low-income housing maintenance credit under
this section is allowable, exceed the applicable fair
market rental under section 8(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)) for the market
area in which the project is located.
``(3) Low-income housing unit.--The term `low-income
housing unit' means a dwelling unit within an eligible low-
income housing project.
``(e) Aggregation Rule.--All persons treated as a single employer
under subsection (a) or (b) of section 52 or subsection (m) or (o) of
section 414 shall be treated as one person for purposes of applying
this section. The credit determined under subsection (a) (after
application of subsection (b)) shall be allocated among such persons in
such manner as the Secretary may prescribe.
``(f) Termination.--No credit shall be determined under this
section with respect to any taxable year beginning after December 31,
2033.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (37),
by striking the period at the end of paragraph (38) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(39) in the case of an eligible landlord (as defined in
section 45AA(c)), the low-income housing maintenance credit
determined under section 45AA.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45AA. Low-income housing maintenance credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 8. PUBLIC DISPLAY OF TENANT'S RIGHTS AND COMPLAINT LINE.
(a) Required Display.--An owner of a multifamily housing project
which qualifies for assistance within the jurisdiction of the
Department (as such term is defined in section 102(m) of the Department
of Housing and Urban Reform Act of 1989 (42 U.S.C. 3545 (m)) shall
display, at all times and in clear and conspicuous location on each
floor of such project that contains any dwelling unit, a written notice
that includes--
(1) a statement describing the rights under Federal law
afforded to tenants of the project;
(2) the phone number for the Multifamily Housing Complaint
Line established and operated by the Multifamily Housing
Clearinghouse; and
(3) the phone number for a regional or local office of the
Department which can provide tenants additional information
regarding State and local resources for tenants.
(b) Civil Money Penalty.--Any person who is found by the Secretary
of Housing and Urban Development, after notice and opportunity for a
hearing in accordance with section 554 of title 5, United States Code,
to have failed to make a good faith effort to display notice complying
with subsection (a) may be assessed a civil money penalty by the
Secretary in the amount of $500 for each day of each such failure,
except that the Secretary shall waive such penalty in any case in which
an owner cures such violation within the 5-day period beginning upon
notice by the Secretary of such violation.
(c) Model Notice.--
(1) Development.--Not later than the expiration of the 12-
month period beginning on the date of the enactment of this
Act, the Secretary shall develop and publish in the Federal
Register a model notice that fulfills the requirements under
subsection (a)(1).
(2) Availability.--The Secretary shall make copies of the
notice developed pursuant to paragraph (1) available, upon
request, to owners of multifamily housing projects.
(d) Applicability.--Subsections (a) and (b) shall apply beginning
upon the expiration of the 60-day period that begins on the date that
the Secretary publishes notice in the Federal Register pursuant to
subsection (c)(1).
(e) Regulations.--Not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act, the
Secretary shall issue regulations to carry out this section.
SEC. 9. GRANTS FOR TENANT HARASSMENT PREVENTION PROGRAMS.
(a) Authority.--The Secretary may, to the extent amounts are made
available for grants under this section, make grants to States, Indian
tribes, units of local government, and nonprofit, nongovernmental
affordable housing organizations to develop, expand, or assist tenant
harassment prevention programs.
(b) Tenant Harassment Prevention Program.--For purposes of this
section, the term ``tenant harassment prevention program'' means any
program or activities designed to protect, assist, or educate tenants
of residential rental dwelling units regarding harassing or illegal
behavior by their landlords intended to force the tenant to vacate the
dwelling unit or surrender any of their rights as tenants. Such term
includes programs and activities providing legal assistance,
counseling, education, intervention, complaint processes.
(c) Federal Share.--The amount of a grant under this section for
any tenant harassment prevention program may not exceed 75 percent of
the total costs of the program or activities to be carried out,
including administrative costs.
(d) Applications.--The Secretary shall provide for eligible
entities specified in subsection (a) to apply for grants under this
section, which applications shall describe the tenant harassment
prevention program to be assisted with grant amounts, the activities to
be carried out under the program, and the projected costs of such
activities.
(e) Selection.--The Secretary shall select applicants to receive
grants based on criteria that the Secretary shall establish.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for each of fiscal years 2024 through 2028 for
grants under this section.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Multifamily housing project.--The term ``multifamily
housing project'' means a housing project consisting of five or
more dwelling units.
(2) Rental assistance voucher.--The term ``rental
assistance voucher'' means a voucher for rental assistance made
available under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) Voucher user.--The term ``voucher user'' means a family
who is renting a dwelling unit using a rental assistance
voucher.
SEC. 11. REGULATIONS.
The Secretary may issue any regulations necessary to carry out this
Act.
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