[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2834 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2834
To combat toxic indoor mold, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2023
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To combat toxic indoor mold, 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 ``Healthy at Home
Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Interagency research on health impacts of indoor residential
mold.
Sec. 4. Health, safety, and habitability standards and model standards.
Sec. 5. Mapping.
Sec. 6. Housing stock quality requirements.
Sec. 7. Construction requirements for public housing and certain other
federally-assisted construction.
Sec. 8. Preservation grants for properties receiving section 8 project-
based rental assistance.
Sec. 9. Public information and education campaign.
Sec. 10. Empowering tenants.
Sec. 11. Healthy Homes incentive for requiring indoor residential mold
and other hazard disclosure.
Sec. 12. Uniform physical inspection sampling.
Sec. 13. Denial of depreciation deduction for properties with failed
NSPIRE inspections.
Sec. 14. Supporting landlords to receive timely voucher payments.
Sec. 15. Project-based contract administrator reporting requirements.
Sec. 16. Coordination Between USDA and HUD.
Sec. 17. GAO study on health and safety concerns in federally-assisted
housing.
Sec. 18. Sense of Congress.
Sec. 19. Administrative provisions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Indoor residential mold.--The term ``indoor residential
mold'' means any form of multicellular fungi in indoor
environments, including cladosporium, penicillium, alternaria,
aspergillus, fusarium, trichoderma, memnoniella, mucor,
stachybotrys chartarum, streptomyces, and epicoccumoften found
in water-damaged indoor environments and building materials.
(2) Residential mold inspection.--The term ``residential
mold inspection'' means an inspection, by a certified or
licensed mold inspector or other indoor environmental
professional, including through the Real Estate Assessment
Center, of real property that is designed to discover--
(A) indoor mold growth in residential properties;
(B) conditions that facilitate indoor residential
mold growth; or
(C) indicia of conditions that are likely to
facilitate indoor residential mold growth.
(3) Toxigenic mold.--The term ``toxigenic mold'' means any
indoor mold growth that may be capable of producing a toxin or
toxic compound, including mycotoxins and mVOCs, that can cause
pulmonary, respiratory, neurological, gastrointestinal, or
dermatological illnesses, or other major adverse health
impacts, as jointly determined by the Director of the National
Institutes of Health, the Secretary of Housing and Urban
Development, the Administrator of the Environmental Protection
Agency, and the Director of the Centers for Disease Control and
Prevention.
SEC. 3. INTERAGENCY RESEARCH ON HEALTH IMPACTS OF INDOOR RESIDENTIAL
MOLD.
(a) Research.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Director of the National Institute
of Environmental Health Sciences at the National Institutes of
Health, in conjunction with the Secretary of Housing and Urban
Development, the Director of the Centers for Disease Control
and Prevention, the Administrator of the Environmental
Protection Agency, the Secretary of Energy, the Secretary of
Health and Human Services, the President of the National
Academy of Sciences, and the Chair of the board of directors of
the National Institute of Building Sciences shall jointly
conduct a comprehensive study of the health effects of indoor
residential mold growth, using the most up-to-date scientific
peer-reviewed medical literature.
(2) Contents.--The study conducted under paragraph (1)
shall ascertain, among other things--
(A) detailed information about harmful or toxigenic
mold, as well as any toxin or toxic compound such mold
can produce;
(B) the most accurate research-based methods of
detecting harmful or toxigenic mold;
(C) potential dangers of prolonged or chronic
exposure to indoor residential mold growth;
(D) the hazards involved with inadequate
residential mold inspections and improper indoor
residential mold remediation;
(E) the estimated current public health burden of
new or exacerbated physical illness resulting from
exposure to indoor residential mold, including its
disproportionate impact on vulnerable communities,
including children and seniors;
(F) improved understanding of the different health
symptomology that can result from exposure to mold in
indoor residential environments;
(G) ongoing surveillance of the prevalence of
idiopathic pulmonary hemorrhage (AIPH) in infants; and
(H) longitudinal studies on the effects of indoor
old exposure in early childhood on the development of
asthma and other respiratory illnesses.
(3) Availability.--Not later than the expiration of the 3-
year period beginning on the date of the enactment of this Act,
the results of the study conducted under paragraph (1) shall be
submitted to Congress and the President and made available to
the general public.
SEC. 4. HEALTH, SAFETY, AND HABITABILITY STANDARDS AND MODEL STANDARDS.
(a) Model Standards for Preventing, Detecting, and Remediating
Indoor Residential Mold Growth.--Based on the results of the
interagency health study conducted under section 3, the Administrator
of the Environmental Protection Agency, in conjunction with the
Secretary of Housing and Urban Development, the Director of the Centers
for Disease Control and Prevention, the Assistant Secretary of Labor
for Occupational Safety and Health at the Occupational Safety and
Health Administration, the Secretary of Energy, the Executive Director
of the National Institute of Building Sciences, and the President of
the National Academy of Sciences shall, in accordance with section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note; Public Law 104-113), jointly issue model health,
safety, and habitability standards for preventing, detecting, and
remediating indoor residential mold growth, including--
(1) model indoor residential mold inspection standards;
(2) model indoor residential mold remediation standards;
(3) standards for testing the toxicity of indoor
residential mold and any toxin or toxic compound produced by
indoor residential mold;
(4) health and safety standards for the protection of
indoor residential mold inspectors and remediators;
(5) standards for indoor residential mold testing labs;
(6) model ventilation standards for the design,
installation, and maintenance of air ventilation or air-
conditioning systems to prevent indoor residential mold growth
or the creation of conditions that foster indoor mold growth in
residential properties; and
(7) model building code standards to control moisture and
prevent mold growth in indoor residential environments.
(b) Consultation.--To the maximum extent possible, model standards
issued under this section shall be developed in consideration of the
needs and vulnerabilities of low-income populations and with the
assistance of--
(1) organizations that develop mold and water damage
standards;
(2) organizations involved in establishing national
building construction standards;
(3) representatives of State or local authorities
responsible for building inspections and issuance of
certificates of occupancy;
(4) organizations involved in improving indoor air quality;
(5) public health advocates; and
(6) health and medical professionals, including
practitioners that care for children and other vulnerable
populations.
(c) Resiliency.--Model standards issued under this section shall
take into account geographic diversity, propensity for extreme weather
or flooding, and other resiliency metrics.
(d) Deadlines.--
(1) Public review and comment.--The officers identified in
subsection (a) shall make draft standards issued under this
section available for public review and comment at least 90
days prior to publication of the final standards or model
standards pursuant to paragraph (2).
(2) Publication.--Not later than 3 years after the results
of the study conducted under section 3 are submitted to
Congress in accordance with such section, the officers
identified in subsection (a) shall issue, and make available to
the public, final standards and model standards under this
section.
(e) Review and Updates.--The officers identified in subsection (a)
shall--
(1) review the model standards issued under this section at
least once every 3 years based on latest scientific advances
and published studies relating to indoor residential mold
growth; and
(2) update such standards and model standards as necessary
to adequately and effectively inform the public and protect
human health, preserve and improve the quality of federally-
assisted housing, and reduce the displacement of tenants.
(f) Physical Condition Inspections.--Not later than 3 years after
the publication of standards and model standards under subsection (a),
the Secretary of Housing and Urban Development shall revise the
requirements for conducting uniform physical condition inspections
under part 5 of title 24, Code of Federal Regulations, or any successor
regulation, to incorporate the model standards issued under this
section, as applicable.
SEC. 5. MAPPING.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall, using the previous two years of inspection data, establish a
geographic information system mapping tool that identifies areas which
are impacted by a known presence of indoor residential mold.
(b) Required Inclusions.--The Secretary shall include, as part of
the mapping tool--
(1) inspection documentation;
(2) management and occupancy reviews;
(3) transfers of budget authority for contracts under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f); and
(4) any additional information, as required by the
Secretary.
(c) Updates.--The Secretary shall update the mapping tool with the
latest inspection data not less often than once per year.
SEC. 6. HOUSING STOCK QUALITY REQUIREMENTS.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by inserting after subsection (v) the following new
subsection:
``(w) Standards for Physical Condition and Management of Housing
Receiving Assistance Payments.--
``(1) Standards.--Any entity receiving housing assistance
payments under this section shall maintain decent, safe, and
sanitary conditions, as determined by the Secretary, and comply
with any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition
of any insured or non-insured property covered under a housing
assistance payment contract for project-based assistance.
``(2) Remediation.--The Secretary shall take action under
paragraph (3) when a multifamily housing project with a housing
assistance payment contract under this section or a contract
with the Department of Housing and Urban Development for
similar project-based assistance--
``(A) receives a failing score on a physical
inspection by the Department; or
``(B) fails to certify in writing to the Secretary
within 3 days that all severe health or safety
deficiencies identified at the project by the inspector
have been corrected.
The requirements under this paragraph shall apply to insured
and non-insured projects with assistance attached to the
dwelling units under this section.
``(3) Notice of default.--
``(A) Issuance.--Within 15 days of the issuance of
the Real Estate Assessment Center inspection, the
Secretary shall provide the owner with a notice of
default that shall include a specified timetable,
determined by the Secretary, for correcting all
deficiencies.
``(B) Copies.--The Secretary shall provide a copy
of the notice of default to the tenants of the
property, the local government for the jurisdiction
within which the property is located, any mortgagees,
and any contract administrator.
``(C) Appeal; withdrawal.--If the owner appeals the
notice of default and the appeal results in a passing
Uniform Physical Condition Standards score for the
property, the Secretary may withdraw the notice of
default.
``(4) Enforcement.--If the owner fails to fully correct all
deficiencies identified in the notice of default by the end of
the time period for correcting such deficiencies specified in
the notice, the Secretary shall, in consultation with the
tenant organization, one or more of the following actions, and
provide additional notice of those actions to the owner and the
parties specified in paragraph (3)(B) to improve property
conditions and preserve housing assistance:
``(A) Take any regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary to improve property conditions, protect
tenants from displacement and harm, and preserve the
housing assistance.
``(B) Require immediate replacement of the project
management with a management agent approved by the
Secretary.
``(C) Abate the section 8 contract, including
partial abatement, as determined by the Secretary,
until all deficiencies have been corrected.
``(D) Pursue transfer of the project to an owner
approved by the Secretary, in consultation with the
tenant organization, under established procedures, who
shall be obligated to promptly make all required
repairs and to accept renewal of the assistance
contract if such renewal is offered, in conjunction
with the appropriate public housing agency or other
local entity.
``(E) Transfer the existing section 8 contract to
another project or projects and owner or owners who
have demonstrated financial and organizational capacity
to rehabilitate the project, in consultation with
tenants and the appropriate public housing agency.
``(F) Pursue exclusionary sanctions, including
suspensions or debarments from Federal programs.
``(G) Relocate tenants while providing the same
level of housing assistance.
``(H) Seek judicial appointment of a receiver to
manage the property and cure all project deficiencies
or seek a judicial order of specific performance
requiring the owner to cure all project deficiencies.
``(I) Cooperate with receivership efforts by State
or local governments or lenders which aim to improve
the property conditions and preserve the project-based
housing assistance.
``(J) Work with the owner, lender, tenants, or
other related party to stabilize the property in an
attempt to preserve the property through compliance,
transfer of ownership, or an infusion of capital or
other resources.
``(5) Prohibition on rent increases.--Effective upon the
expiration of the 12-month period beginning on the date of the
enactment of this subsection, the Secretary shall prohibit any
increases in rents for dwelling units in the property until the
owner fully corrects all deficiencies identified in the notice
of default or demonstrates an ability to financially address
conditions by--
``(A) providing a rehabilitation plan, developed in
consultation with the tenants and approved by the
Secretary; and
``(B) separately demonstrating a written and
enforceable commitment by the tenants and the Secretary
that any increases will address the conditions of the
property.
``(6) Infeasible properties.--The Secretary shall take
appropriate steps to ensure that project-based contracts for
rental assistance remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants
for major threats to health and safety, taken after written
notice to the affected tenants. To the extent the Secretary
determines, in consultation with the tenants and the local
government, that a property is not feasible for continued
rental assistance payments under such section 8 or other
programs, based on consideration of--
``(A) the costs of rehabilitating and operating the
property and all available Federal, State, and local
resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note), and
``(B) environmental conditions that cannot be
remedied in a cost-effective fashion,
the Secretary may contract for project-based rental assistance
payments with an owner or owners of other housing properties,
and to the maximum extent practicable, ensure that the project-
based rental assistance is available to tenants from the
originating site.
``(7) Reporting.--
``(A) In general.--The Secretary shall submit a
report to the Committees on Financial Services of the
House of Representatives and Banking, Housing, and
Urban Affairs of the Senate semi-annually identifying
all properties covered by this subsection that received
a failing physical inspection score or have received an
unsatisfactory management and occupancy review during
the 36-month period ending upon submission of such
report. Each such report shall include--
``(i) identification of the enforcement
actions being taken to address such conditions
leading to such score at each such property,
including imposition of civil money penalties
and termination of subsidies, and
identification of properties that have such
conditions multiple times;
``(ii) identification of actions that the
Department of Housing and Urban Development is
taking to protect tenants of such identified
properties; and
``(iii) any recommendations for
administrative or legislative actions to
further improve the living conditions at such
properties.
``(B) Timing.--The first report required under
subparagraph (A) shall be submitted not later than 30
days after the date of the enactment of this
subsection, and the second report shall be submitted
within 180 days of the submission of the first
report.''.
SEC. 7. CONSTRUCTION REQUIREMENTS FOR PUBLIC HOUSING AND CERTAIN OTHER
FEDERALLY-ASSISTED CONSTRUCTION.
(a) Effective Date; Applicability.--The Secretary of Housing and
Urban Development shall take such actions and impose such standards and
conditions as may be necessary or appropriate to ensure that any public
housing constructed after the date of the issuance of the model
construction standards and techniques established under subsection (b),
is constructed in accordance with such model standards and techniques.
(b) Model Construction Standards.--
(1) In general.--The Secretary of Housing and Urban
Development, jointly with the Executive Director of the
National Institute of Building Sciences, and the President of
the National Academy of Sciences, to the extent such Director
and President agree to participate, shall develop model
construction standards and techniques for preventing and
controlling indoor residential mold in new residential
buildings.
(2) Contents.--The model standards and techniques shall
provide for geographic differences in construction types and
materials, geology, weather, and other variables that may
affect indoor residential mold levels in new buildings.
(3) Consultation.--To the maximum extent possible, such
standards and techniques shall be developed with--
(A) the assistance of organizations involved in
establishing national building construction standards
and techniques;
(B) the assistance of organizations that develop
mold and water damage standards;
(C) representatives of State or local authorities
responsible for building inspections and the issuance
of certificates of occupancy;
(D) public health advocates; and
(E) housing advocates and organizations
representing the interests of tenants.
(4) Publication.--The Secretary shall make a draft of the
document containing the model standards and techniques
available for public review and comment. The Secretary shall
make final model standards and techniques available to the
public not later than one year after the date of the enactment
of this Act.
(5) Applicability to new construction and rehabilitation.--
Within 1 year of the publication of the final model standards
and techniques required by paragraph (4), the Secretary of
Housing and Urban Development, the Secretary of Health and
Human Services, the Secretary of Energy, the Administrator of
the Environmental Protection Agency, the Secretary of the
Treasury, and the Secretary of Defense shall each include such
model standards and techniques as a requirement for residential
rehabilitation or new construction projects funded with Federal
appropriations made available by such agencies.
(6) Applicability to rental assistance demonstration and
rad section 18 blend programs.--Within 1 year of the
publication of the final model standards and techniques
required by paragraph (4), the Secretary of Housing and Urban
Development shall ensure that any rehabilitation or new
construction through the Rental Assistance Demonstration
program under the heading ``Rental Assistance Demonstration''
in title II of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2012
(division C of Public Law 112-55; 125 Stat. 673), or through
any program blending such Rental Assistance Demonstration and
section 18 of the United States Housing Act of 1937 complies
with such model standards and techniques.
SEC. 8. PRESERVATION GRANTS FOR PROPERTIES RECEIVING SECTION 8 PROJECT-
BASED RENTAL ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Secretary of Housing and Urban Development to
provide assistance to owners of properties receiving project-based
subsidy contracts under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) or to municipalities or other units of local
government that may administer repairs to a property receiving such
project-based subsidy contracts, $250,000,000, which shall remain
available until expended.
(b) Set Aside for New Construction.--
(1) Set aside.--Of the total amount of funds provided
pursuant to this section, not less than 10 percent shall be
available to eligible recipients described in subsection (a)
for the purpose of adding new dwelling units to properties
already receiving project-based subsidy contracts under section
8 of the United States Housing Act of 1937.
(2) Eligibility.--Funds made available under this
subsection for new construction may only be used by an eligible
recipients who are already receiving an award for
rehabilitation under this section.
(3) Priority of work.--Eligible recipients who receive
funds for both new construction and for rehabilitation shall
complete rehabilitation work before beginning new construction
and shall provide certification to the Secretary, in a manner
to be determined by the Secretary, that the rehabilitation has
been completed in a satisfactory manner to eliminate health and
safety risks before receiving any funds for new construction.
(4) Model building standards.--Within one year after the
publication of the model building standards under section
7(b)(4), the Secretary shall require eligible recipients who
receive funds for new construction and rehabilitation to ensure
that new construction and rehabilitation projects are in
compliance with the model building standards and techniques
developed under section 7(b)(1).
(c) Set-Aside for Technical Assistance.--Of the total amount of
funds provided pursuant to this section, not less than 3 percent shall
be used to provide technical assistance to applicants and to advertise
the availability of funds under this section to areas
disproportionately impacted by health and safety concerns in federally-
assisted housing.
(d) Use of Amounts.--
(1) In general.--Amounts provided pursuant to this section
shall be used for competitive grants and low-interest loans for
capital improvements to such properties, including grants for
activities that mitigate threats to the health and safety of
residents, reduce lead-based paint hazards, reduce other
housing-related hazards, including carbon monoxide, radon, or
indoor residential mold, improve water and energy efficiency,
or reduce the risk of harm to occupants or property from
natural hazards, or for low-interest loans for the same use.
(2) Loan and grant eligibility.--An owner of such a
property shall be eligible for--
(A) a grant under this section only if such owner
is a nonprofit entity; and
(B) a low-interest loan under this section only if
such owner is a for-profit individual or entity.
(3) Eligibility of units of local government.--A municipal
government, county, or other unit of local government may
receive a grant under this section if sufficient capacity is
demonstrated in their application to the Secretary of Housing
and Urban Development.
(e) Grants for Areas of High and Persistent Poverty.--Of any
amounts made available pursuant to this section, not less than 30
percent shall be available without regard to any requirement regarding
minimum grant amount and only for eligible uses within or directly
benefitting--
(1) any county that has consistently had 20 percent or more
of the population living in poverty during the 30-year period
preceding the date of enactment of this Act, as measured by the
decennial census data obtained during those years and the most
recent annual Small Area Income and Poverty Estimates as
estimated by the Bureau of the Census;
(2) any census tract having a poverty rate of at least 20
percent as measured by the most recent 5-year data series
available from the American Community Survey of the Census
Bureau; or
(3) any census tract having a predominantly disenfranchised
population or a population disproportionately impacted by
health and safety hazards in federally-assisted housing (as
defined by the Secretary).
(f) Prioritization.--In awarding grants under this section, the
Secretary of Housing and Urban Development shall prioritize awards that
ameliorate or prevent indoor residential mold or other severe health or
safety threats.
(g) Wage Rate Requirements.--Projects funded with funds provided
under this section shall comply with the same requirements of
subchapter IV of chapter 31 of title 40, United States Code that are
applicable to contracts described in section 3142(a) of such title.
(h) Policies; Procedures; Contracts.--Grants and low-interest loans
under this section shall--
(1) be provided through the policies, procedures,
contracts, and transactional infrastructure of the authorized
programs administered by the Department of Housing and Urban
Development, on such terms and conditions as the Secretary of
Housing and Urban Development deems appropriate to ensure the
maintenance and preservation of the property, the continued
operation and maintenance of energy efficiency technologies,
and the timely expenditure of funds; and
(2) include a financial assessment and physical inspection
of such property.
(i) Eligible Owners.--To be eligible for a grant or low-interest
loan under this section, the owner of the property shall have at least
a satisfactory management and occupancy review rating, be in
substantial compliance with applicable performance standards and legal
requirements, and commit to an additional period of affordability
determined by the Secretary, but of not fewer than 50 years. Owners
shall include nonprofit owners and preservation purchasers, including
public housing agencies and nonprofit developers.
(j) Loan Terms.--
(1) In general.--A loan under this section shall--
(A) bear interest at a rate, determined by the
Secretary, that--
(i) does not exceed by 3 percentage points
the discount window primary credit interest
rate most recently published on the Federal
Reserve Statistical Release on selected
interest rates (daily or weekly), commonly
referred to as the ``H.15 release'' or the
``Federal funds rate''; and
(ii) is below the average interest rate at
the given time for a home improvement loan; and
(B) have a term to maturity of 10 years or 20
years, as determined by the Secretary based on the
credit of the borrower.
(2) Violations.--If the owner of a property receiving a
loan under this section does not use the loan amounts as
required under subsection (b)(1), does not maintain the
affordability of the property as required under subsection (i),
or does not comply with any other requirements established by
the Secretary, the Secretary shall--
(A) work with the owner for not less than 30 days
to ameliorate any violations; and
(B) if after 90 days such violations are not
ameliorated--
(i) increase the interest rate of the loan
by not less than 15 percentage points above the
Federal funds rate; and
(ii) reduce the term to maturity of the
loan to not more than 5 years.
(k) Conditions of Receipt of Grant or Loan.--The Secretary shall
establish conditions on the receipt of a loan or grant under this
section, as follows:
(1) Record; capacity.--The Secretary shall take reasonable
steps to ensure that the owner or purchaser has no significant
record of material noncompliance with applicable program
standards and has demonstrated capacity to perform the
obligations specified under this section.
(2) Repairs.--The Secretary shall require owners to agree
to promptly make all required repairs, and when required by the
Secretary, to develop a rehabilitation plan in consultation
with the tenants and that will be approved by the Secretary, in
conjunction with appropriate capital needs planning and
required reserves, to ensure the provision of decent, safe, and
sanitary housing throughout the full term of any extended
restrictions and contracts.
(3) Use restrictions.--The Secretary shall require owners
to agree to a longer use restriction of 50 years and to agree
to a perpetually required renewal of the housing assistance
payments contract if offered by the Secretary.
(l) Transfer Authority.--Of the amounts made available pursuant to
this section, the Secretary of Housing and Urban Development may
transfer up to 0.5 percent to the account for ``Department of Housing
and Urban Development, Program Offices--Office of Housing'' for
necessary costs of administering and overseeing the obligation and
expenditure of amounts made available pursuant to this section and such
transferred amounts shall remain available until September 30, 2028.
SEC. 9. PUBLIC INFORMATION AND EDUCATION CAMPAIGN.
(a) Requirement.--The Administrator of the Environmental Protection
Agency, the Secretary of Housing and Urban Development, and the heads
of any other relevant Federal agencies, as determined by such
Administrator and Secretary, shall jointly develop and carry out a
public information and education campaign regarding indoor air quality
and related issues that provides information required under this
section on a recurring and annual basis through public outreach. The
campaign shall commence within 1 year after the date of the enactment
of this Act.
(b) Topics.--The information and education campaign shall include
information on the dangers and prevention of indoor residential
moisture and mold, volatile organic compounds, dust, smoking,
pollution, indoor origins of smoke, including cooking, and any other
health risks, as determined by such Administrator and Secretary.
(c) Indoor Residential Mold Information.--The information and
education campaign shall include, at minimum, the following information
regarding indoor residential mold:
(1) The conditions that facilitate indoor residential
moisture and mold growth.
(2) Guidelines for inspecting indoor residential mold
growth.
(3) Guidelines for remediating indoor residential mold
growth.
(4) The dangers and health risks of exposure to indoor
residential mold growth.
(5) The importance of ventilation and methods to prevent
moisture accumulation in indoor residential environments.
(6) Any other information as determined appropriate by the
heads of the agencies referred to in subsection (a).
(d) Tenant Rights Information.--The information and education
campaign shall include providing covered tenants with information on
tenant rights to a safe and habitable living environment and other
related information as determined by the Secretary of Housing and Urban
Development, which shall include information on who to contact if a
tenant experiences problems or issues with building management or
ownership, including, in the case of housing assisted under a contract
for project-based assistance how to contact the performance-based
contract administrator and, in the case of the Housing Choice Voucher
program how to contact the housing authority.
(e) Modes of Communication.--
(1) In general.--The public information and education
campaign shall provide education and information through modes
of communication that are commonly utilized and able to be
easily consumed by relevant individuals or organizations, which
shall include communication through advertisements on public
transit in all 50 States and in territories and possessions of
the United States, and distribution of the pamphlet developed
pursuant to subsection (j) as required under such subsection.
(2) Availability.--All education and information that is
part of the information and education campaign shall be made
publicly available on the websites of the Environmental
Protection Agency, the Department of Housing and Urban
Development, and any other applicable Federal agencies.
(f) Targeted Groups.--The public information and education campaign
shall be designed to reach tenants, tenant organizations working
directly with tenants in project-based rental assistance and other
types of federally-assisted housing, resident groups, landlords, health
professionals, the general public, homeowners, prospective homeowners,
the real estate industry, the home construction and renovation
industries, the health, property and casualty, and life insurance
industries, technical and vocational schools and colleges, and other
academic institutions.
(g) Information Specific to Health Professions.--The public
information and education campaign shall include information about
warning signs of mold and other indoor air exposure pollutants and
shall include education for health professions on mold-related illness,
including for health professions who work with vulnerable populations
and children in school or daycare settings.
(h) Coordination.--In developing and carrying out the public
information and education campaign, the heads of the agencies referred
to in subsection (a) may coordinate with the Ad Council.
(i) Language.--All information provided under the public
information and education campaign--
(1) shall be provided in at least two languages, as
determined by the Secretary, based on the most common languages
spoken in the neighborhood, tribe, municipality, State, or
region, and may be provided in additional languages based on
the most common languages spoken in the neighborhood, tribe,
municipality, State, or region, as determined by the Secretary;
and
(2) shall be provided in language that is at a sixth grade
reading level and is easy to understand.
(j) Provision to Covered Tenants.--
(1) Timing.--The Secretary of Housing and Urban
Development, the Secretary of Agriculture, the Secretary of the
Treasury, the Secretary of Veterans Affairs, and the Attorney
General shall ensure that all appropriate information under the
information and education campaign is provided to covered
tenants upon signing and any renewal of a lease for the
dwelling unit of assisted housing that the covered tenant
resides in.
(2) Covered tenants.--For purposes of this section, the
term ``covered tenant'' means a tenant who resides in a rental
dwelling unit that is assisted, through tenant-based or
project-based assistance, under a housing assistance program
administered by the Secretary of Housing and Urban Development
or the Secretary of Agriculture or who receives rental housing
assistance under a program administered by either such
Secretary, including the following programs:
(A) The program under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q), including the direct
loan program under such section.
(B) The program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013).
(C) The program under subtitle D of title VIII of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12901 et seq.).
(D) The programs under title IV of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11360 et
seq.).
(E) The program under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12741 et seq.).
(F) The program under paragraph (3) of section
221(d) of the National Housing Act (12 U.S.C. 1715l(d))
that bears interest at a rate determined under the
proviso under paragraph (5) of such section 221(d).
(G) The program under section 236 of the National
Housing Act (12 U.S.C. 1715z-1).
(H) The programs under sections 6 and 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437d,
1437f).
(I) The programs for rural housing assistance
provided under sections 514, 515, 516, 533, 538, and
542 of the Housing Act of 1949 (42 U.S.C. 1484, 1485,
1486, 1490m, 1490p-2, 1490r).
(J) The low-income housing tax credit program under
section 42 of the Internal Revenue Code of 1986.
(K) The provision of assistance from the Housing
Trust Fund established under section 1338 of the
Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568).
(L) The provision of assistance for housing under
the Comprehensive Service Programs for Homeless
Veterans program under subchapter II of chapter 20 of
title 38.
(M) The provision of assistance for housing and
facilities under the grant program for homeless
veterans with special needs under section 2061 of title
38, United States Code.
(N) The provision of assistance for permanent
housing under the program for financial assistance for
supportive services for very low-income veteran
families in permanent housing under section 2044 of
title 38, United States Code.
(O) The provision of transitional housing
assistance for victims of domestic violence, dating
violence, sexual assault, or stalking under the grant
program under chapter 11 of subtitle B of the Violence
Against Women Act of 1994 (34 U.S.C. 12351 et seq.).
(P) The Low Income Home Energy Assistance Program
and any other program administered by the Department of
Energy that provides residential home rehabilitation or
energy efficiency assistance.
(Q) Any other Federal housing programs providing
affordable housing to low- and moderate-income persons
by means of restricted rents or rental assistance, or
more generally providing affordable housing
opportunities, as identified by the appropriate agency
through regulations, notices, or any other means.
(k) Pamphlet.--
(1) Requirement.--The Secretary of Housing and Urban
Development, in consultation with the Director of the National
Institutes of Health, the Administrator of the Environmental
Protection Agency, and the heads of any other agencies the
Secretary considers appropriate, shall develop, publish, and
revise, not less frequently than every 5 years, a pamphlet
regarding indoor residential mold hazards.
(2) Content.--The pamphlet required under this subsection
shall--
(A) contain information regarding the health risks
associated with exposure to indoor residential mold
growth;
(B) provide information on the hazards of indoor
residential mold growth in federally-assisted and
federally-owned housing;
(C) describe the risks of indoor residential mold
exposure for persons residing in a dwelling with
toxigenic mold;
(D) provide information on approved methods for
evaluating and reducing indoor residential mold growth
and their effectiveness in identifying, reducing,
eliminating, or preventing indoor residential mold
growth;
(E) provide advice on how to obtain a list of
persons certified to inspect or remediate indoor
residential mold growth in the area in which the
pamphlet is to be used;
(F) include a statement that a risk assessment or
inspection for indoor residential mold growth is
recommended prior to the purchase, lease, or renovation
of target housing;
(G) include a statement that certain State and
local laws impose additional requirements related to
indoor residential mold growth in housing and provide a
listing of Federal, State, and local agencies in each
State, including address, telephone number, and
electronic mail address, if available, that can provide
information about applicable laws and available
governmental and private assistance and financing;
(H) provide information considered by the
Administrator of the Environmental Protection Agency to
be appropriate or necessary to promote awareness of the
hazards posed by indoor residential mold;
(I) include information on indoor air quality
safety generally, including best practices when
cooking, taking a shower or bath, and smoking
cessation;
(J) be publicly available on the websites of the
Department of Housing and Urban Development, the
Environmental Protection Agency, and other applicable
Federal agencies; and
(K) include any other information considered by the
Administrator of the Environmental Protection Agency to
be appropriate or necessary.
(3) Tenants in federally-assisted housing.--The Secretary
of Housing and Urban Development and the Secretary of
Agriculture shall ensure that a copy of the pamphlet required
under this section is provided annually to all covered tenants
mail by a hard copy left at the tenant address, by United
States mail sent to the tenant, or by electronic mail sent to
the tenant.
(l) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 10. EMPOWERING TENANTS.
(a) Notification to Tenants of Inspection Results.--
(1) Requirement.--The Secretary of Housing and Urban
Development shall provide direct notification of the results of
any inspection of covered property to the tenants and resident
organizations, as provided in this subsection.
(2) Method.--Notification shall be provided to tenants in
easy-to-understand language in the form of a written hard-copy
document provided through United States mail or through
electronic mail, or both, with one copy provided for the
tenants of each building in the covered property, and shall
include the inspection score and a detailed description of the
inspection results, including any health and safety violations
found and the timeline for their remediation, while ensuring
tenant privacy.
(3) Posting.--The owner or manager of the covered property
shall post a hard copy of the notification of the inspection
results in at least one centrally located and easily-
identifiable location each building of the covered property
that is accessible to all tenants, which may include next to
the front door, in communal space, or next to the mailboxes for
tenants.
(4) Timing.--Notification shall be provided--
(A) in the case of any inspection that found no
severe health or safety issues, no later than 30 days
after completion of the inspection; or
(B) in the case of any inspection that found severe
health and safety issues, as soon as the score is
final.
(5) Opportunity for tenant questions.--The notification
shall include contact information, including electronic mail
address, phone number, and mailing address, of the appropriate
person or entity to contact should tenants have questions about
the results of the inspection. Owners who fail to post the
notice shall be subject to a Management and Occupancy Review.
(b) Request for Second Inspection.--
(1) Requirements.--Pursuant to a request made to the
Secretary of Housing and Urban Development, the Secretary shall
carry out a subsequent inspection for a covered property that
has passed a previous inspection, if the following requirements
are met:
(A) Score.--The passing test score for the previous
inspection for the covered property did not exceed the
minimum score required to pass inspection by more than
15 percent or the most recent score for an inspection
for the covered property is 15 percent or more less
than any other score for the property for an inspection
of the property conducted during the preceding 10-year
period.
(B) Tenant vote.--A vote of tenants of the covered
property was conducted on the proposition of whether
the property should have passed the most recent
inspection, which vote--
(i) was administered by the tenant
association for the property or an independent
third party;
(ii) utilizes the democratic process and
may have utilized an anonymous voting platform,
either electronically or through paper ballots,
for casting votes; and
(iii) resulted in 51 percent or more of the
tenants residing in the property voting against
the proposition that the property should have
passed the most recent inspection.
(C) Notification.--
(i) To hud.--The chief executive officer of
the tenants association notifies the Secretary,
the project-based contract administrator for
the covered property, and the owner or
management of the property of the results of
the vote and requests a second inspection for
the covered property, which notification and
request--
(I) includes a copy of the tally of
the vote;
(II) does not, in verifying the 51
percent majority vote, disclose
personally identifiable information of
the tenants, including by their
signatures; and
(III) is transmitted, both by
electronic mail and by mailing a hard
copy, not later than 60 days after
receipt of the notification under
subsection (a) regarding the passing
result of the previous inspection for
the covered property.
(ii) Notification of second inspection
score.--Tenants shall be notified of the score
of the second inspection using the same
notification criteria as apply to the first
inspection and shall be provided with the
contact information of the person or entity
that they can contact with any questions about
the second inspection.
(2) Mediation.--If a second inspection is conducted
pursuant to a vote under paragraph (1) and the covered property
is assessed a passing score for such second inspection, and if
another vote is taken that complies with the same requirements
applicable under such paragraph to the first inspection, and
such vote results in 51 percent or more of the tenants residing
in the property voting against the proposition that the
property should have passed the second inspection, the
Secretary shall provide a tenant association representative an
opportunity for mediation with the building owner and the
project-based contractor administrator regarding continuing
issues and inspection findings and the process for a Management
and Occupancy Review shall begin concurrently. The mediation
shall be conducted within 180 days of the second inspection.
(c) Tenant Hotline.--Commencing not later 90 days after the date of
the enactment of this Act, the Secretary of Housing and Urban
Development shall--
(1) undertake ongoing activities to advertise the
availability and telephone number of the Multifamily Housing
Complaint Line of the Multifamily Housing Clearinghouse;
(2) periodically provide tenants of covered property,
through the website of the Department and otherwise, as the
Secretary considers appropriate, with information about what
happens when they call the complaint line;
(3) provide sufficient staff for the complaint line to
ensure that the complaint line is sufficiently staffed for a
minimum of 12 hours each day and so that the waiting time to
speak live to an employee of the Department does not exceed 15
minutes on average as measured over a given one-week period;
(4) ensure that the complaint line offers tenants of
covered properties intake for health and safety issues at such
properties;
(5) ensure that upon calling the complaint line, a tenant
of a covered property is first informed of how to contact the
project-based contract administrator for the property to
discuss the issue the tenant called about, and if the tenant
has previously contacted such administrator or does not wish to
involve such administrator, the person answering the call on
the complaint line is capable of providing assistance for the
tenant directly or can intake tenant information to assist with
the request;
(6) ensure that if the complaint line has received calls
within any 60-day period from tenants of a covered property
representing 15 percent or more of the dwelling units in the
property, the appropriate regional office of the Department
shall be notified;
(7) ensure that if within three months after the
notification of the appropriate regional office of the
Department, the tenant hotline has received any additional
calls from tenants of the same covered property, the
headquarters office of the Department shall be notified; and
(8) provide availability of translation services for the
complaint line.
(d) Covered Property.--For purposes of this section, the term
``covered property'' means a multifamily housing property that is
subject to inspection by the Real Estate Assessment Center of the
Department of Housing and Urban Development.
(e) Advance Notice to Tenants.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Housing and Urban
Development shall update inspection procedures and requirements to
ensure that tenants of covered properties have at least 7 days of
advance notice of when their building will be inspected. In the advance
notice of inspection, tenants shall be provided the opportunity to
inform the Department of Housing and Urban Development or inspectors,
or both, of specific issues regarding the unit or building.
SEC. 11. HEALTHY HOMES INCENTIVE FOR REQUIRING INDOOR RESIDENTIAL MOLD
AND OTHER HAZARD DISCLOSURE.
(a) Supplemental Healthy Homes Funding.--There is authorized to be
appropriated to Secretary of Housing and Urban Development for use
under the Healthy Homes Initiative, pursuant to sections 501 and 502 of
the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 and
1701z-2), and for related activities and assistance, $80,000,000, to
remain available until September 30, 2028, for financial awards under
this section. Amounts appropriated pursuant to this section shall
supplement, but not supplant, amounts otherwise appropriated.
(b) Financial Awards.--The Secretary of Housing and Urban
Development shall provide financial awards under this section for a
fiscal year to each State, Indian tribe, county, unit of local
government, and other unit of government that requires, to the
satisfaction of the Secretary, that during such fiscal year sellers of
residential properties containing not more than 4 dwelling units shall
complete and provide to the purchaser a disclosure form indicating the
presence of all environmental hazards, including radon, carbon
monoxide, formaldeyde, lead, asbestos, and indoor residential mold,
that are known to the seller. Such a disclosure form shall be its own
conspicuous form that includes information regarding health and dangers
about such environmental hazards.
(c) Use.--Amounts provided as financial awards pursuant to this
section shall be used only for activities that make health-related
improvements to housing units that serve primarily low-income persons
and are located within the jurisdiction of the State, Indian tribe,
county, local government, or other unit of government that is awarded
such assistance.
SEC. 12. UNIFORM PHYSICAL INSPECTION SAMPLING.
The Secretary of Housing and Urban Development shall revise the
regulations of the Secretary under subpart G of part 5 of title 24,
Code of Federal Regulations (relating to physical condition standards
and inspection requirements), as follows:
(1) Annual inspections.--In section 5.705, as amended by
the final rule for National Standards for the Physical
Inspection of Real Estate (88 Fed. Reg. 30442), to provide that
physical inspections are conducted annually without exception.
(2) Sampling of units.--To provide that, in carrying out
uniform physical inspection requirements under an annual
inspection, the Department of Housing and Urban Development
shall ensure that any units in HUD housing that were not
inspected during the previous two annual inspections shall be
inspected during the next occurring annual inspection.
(3) Inclusion of priority units in score.--In carrying out
uniform physical inspection requirements under an annual
inspection, the Department of Housing and Urban Development
shall ensure that any and all individual units requested to be
inspected by tenants are included as part of the composite
score of the property.
SEC. 13. DENIAL OF DEPRECIATION DEDUCTION FOR PROPERTIES WITH FAILED
NSPIRE INSPECTIONS.
(a) In General.--Section 167 of the Internal Revenue Code of 1986
is amended by redesignating subsection (i) as subsection (j) and by
inserting after subsection (h) the following:
``(i) Disallowance of Depreciation Deduction for Property Which
Fails National Standards for the Physical Inspection of Real Estate.--
``(1) In general.--Except as provided in paragraph (2), no
depreciation deduction shall be allowed under this section (and
no depreciation or amortization deduction shall be allowed
under any other provision of this subtitle) to the taxpayer for
the taxable year with respect to any property described in
section 168(e)(2)(A)(i) which fails an NSPIRE inspection during
the taxable year.
``(2) Exceptions.--
``(A) In general.--No deduction shall be denied
under paragraph (1) in the case of a health or safety
violation which causes a property to fail an NSPIRE
inspection if either--
``(i) such violation is cured within 90
days of the date of a failed inspection, or
``(ii) the inspector finds sufficient
evidence that such violation was caused by the
tenant and not by the owner or management of
the property.
``(B) Extension of time to cure.--The Secretary of
Health and Human Services may provide 30-day extensions
of the 90-day period described in subparagraph (A)(i)
on a case-by-case basis and communicate such extensions
to the Secretary of the Treasury.
``(3) NSPIRE inspection.--The term `NSPIRE inspection'
means any housing inspection required under the National
Standards for the Physical Inspection of Real Estate of the
Real Estate Assessment Center of the Department of Housing and
Urban Development.
``(4) Increased duration for disallowance in the case of
multiple failed inspections.--In the case of a property which
fails two consecutive NSPIRE inspections, paragraph (1) shall
be applied by substituting `for the taxable year, and for the
immediately succeeding taxable year,' for `for the taxable
year'.
``(5) Disallowed depreciation amounts may not be taken in
future year.--The depreciation deduction allowed with respect
to the property described in paragraph (1) with respect to any
future taxable year shall be determined without regard to the
amount denied for any year for which such deduction was denied.
``(6) Basis adjustments.--If, but for this subsection, a
depreciation or amortization deduction would be allowable to
the taxpayer with respect to any property--
``(A) the taxpayer's basis in such property shall
be reduced by any depreciation or amortization
deductions disallowed under this subsection, and
``(B) the basis of the remainder interest in such
property shall be increased by the amount of such
disallowed deductions.
``(7) Regulations and guidance.--
``(A) In general.--The Secretary, after
consultation with the Secretary of Housing and Urban
Development, shall prescribe such regulations as may be
necessary or appropriate to carry out the purposes of
this subsection.
``(B) HUD secretary.--Not later than one year after
the date of the enactment of this subsection, the
Secretary of Housing and Urban Development shall
prescribe regulations to establish a mechanism for
providing information to the Secretary detailing which
properties have failed an NSPIRE inspection during the
taxable year and which properties have received
extensions of time to cure. In creating this mechanism,
the Secretary of Housing and Urban Development shall
ensure that the Secretary of the Treasury receives
information about failing properties at least once per
calendar quarter.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date that is one year after the
date of the enactment of this Act.
SEC. 14. SUPPORTING LANDLORDS TO RECEIVE TIMELY VOUCHER PAYMENTS.
(a) In General.--Notwithstanding and other provision of law, the
Secretary of Housing and Urban Development shall allow public housing
agencies to approve a tenancy using a voucher provided under section
8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) and
make a payment under such voucher before inspection of the dwelling
unit if the inspection will be conducted more than 14 days after
receiving a tenancy package.
(b) Failed Inspections.--If the unit fails inspection and is not
brought into compliance within 14 days, the owner of the unit shall
repay the payment received from the public housing agency within the
following 14 days and shall not hold the tenant responsible for payment
and shall not evict or terminate the tenant on such basis. If the
tenant is in the unit at the time the payment is issued but the unit
does not pass inspection, the public housing agency shall be
responsible for relocating the tenant and providing additional
assistance.
(c) Additional Incentives.--Within 180 days after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall establish additional incentives for public housing agencies to
perform expedited inspection of dwelling units.
SEC. 15. PROJECT-BASED CONTRACT ADMINISTRATOR REPORTING REQUIREMENTS.
The Secretary of Housing and Urban Development shall require, not
later than 180 days after the date of the enactment of this Act, that
project-based contract administrators shall submit to the Secretary
data on projects and project owners covering the previous 180 days,
including an analysis of any trends identified over the previous 180
days on housing conditions, tenant complaints, tenant hospitalizations
brought to the attention of the contract administrator, and any other
information as required by the Secretary.
SEC. 16. COORDINATION BETWEEN USDA AND HUD.
Within 3 years after the date of the enactment of this Act, the
Secretary of Agriculture shall ensure, to the greatest extent
practicable, that the minimum requirements and physical quality
standards for housing properties assisted by the Department of
Agriculture meet or exceed the standards established by the Secretary
of Housing and Urban Development pursuant to section 4 of this Act.
SEC. 17. GAO STUDY ON HEALTH AND SAFETY CONCERNS IN FEDERALLY-ASSISTED
HOUSING.
Not later than the expiration of the 3-year period beginning on the
date of the enactment of this Act, the Comptroller General of the
United States shall submit a report to the Congress analyzing and
assessing the communication, as applicable, between public housing
agencies, landlords, and tenants over resolving problems with the
health, safety, or other issues of dwelling units that are federally
subsidized and inspected through subpart G of part 5 of title 24, Code
of Federal Regulations, landlord responsiveness regarding such issues,
opportunities for improvement in such communications, and how tenants
understand their rights and how they are responded to when issues
arise, including protocols for responding to tenant complaints and
tenant understanding of such processes. The report shall include
recommendations for how to improve such communications and the physical
quality of the housing stock for which such assistance is provided.
SEC. 18. SENSE OF CONGRESS.
It is the sense of the Congress that the Departments of the
Treasury and Housing and Urban Development should work together
cooperatively, including through development of a Memorandum of
Understanding if appropriate, to ensure that implementation of this Act
is consistent with the provisions of the Fair Housing Act (42 U.S.C.
3601 et seq.).
SEC. 19. ADMINISTRATIVE PROVISIONS.
There is authorized to be appropriated to the Secretary of Housing
and Urban Development--
(1) $50,000,000, to remain available until September 30,
2024, for costs to the Department of implementing this Act and
the amendments made by this Act, including costs of providing
staff to carry out this Act and such amendments; and
(2) $10,000,000 for each of fiscal years 2025 and 2026 for
continuing costs of carrying out this Act and the amendments
made by this Act.
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