[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3871 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3871
To establish a whole-home repairs program for eligible homeowners and
eligible landlords, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2024
Mr. Fetterman (for himself and Ms. Lummis) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To establish a whole-home repairs program for eligible homeowners and
eligible landlords, 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 ``Whole-Home Repairs Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Affordable unit.--The term ``affordable unit'' means a
unit with a rental payment that is affordable to a tenant with
an income at or below 80 percent of the area median income, as
defined by the Secretary.
(2) Eligible homeowner.--The term ``eligible homeowner''
means a homeowner--
(A) with a household income that--
(i) is not more than 80 percent of the area
median income;
(ii) is not more than 200 percent of the
Federal poverty guidelines, as determined by
the Secretary of Health and Human Services; or
(iii) meets the income eligibility criteria
of another program used by a Federal agency for
programs focusing on families of limited means,
as determined by the Secretary; and
(B) who is--
(i) an owner of record as evidenced by a
publicly recorded deed and occupies the home on
which repairs are to be conducted as their
principal residence;
(ii) an owner-occupant of the manufactured
home on which repairs are to be conducted; or
(iii) an equitable owner who can
demonstrate an ownership interest in the
property on which repairs are to be conducted,
including a person who has inherited an
interest in that property.
(3) Eligible landlord.--The term ``eligible landlord''
means an individual--
(A) who owns, as determined by the relevant
implementing organization, fewer than 10 residential
rental properties operated as a primary residence in
which a majority ownership interest is held by the
individual, the spouse of the individual, or the
dependent children of the individual, or any closely
held legal entity controlled by the individual, the
spouse of the individual, or the dependent children of
the individual, either individually or collectively;
and
(B) who agrees to the provisions described in
section 3(c).
(4) Eligible rental property.--The term ``eligible rental
property'' is a residential property that is leased, or offered
exclusively for lease, as a primary residence.
(5) Forgivable loan.--The term ``forgivable loan'' means a
loan--
(A) made to an eligible landlord;
(B) that is secured by a lien recorded against a
residential property in a mortgage security; and
(C) that shall be forgiven by the implementing
organization not later than the date that is 3 years
after the date on which the loan is made if the
eligible landlord has maintained compliance with the
loan agreement described in section 3(c).
(6) Implementing organization.--The term ``implementing
organization''--
(A) means a unit of local government or a State
that will administer a whole-home repairs program
through a State agency, department, or other State-
level entity or enter into agreements with 1 or more
local governments, municipal authorities, other
governmental authorities, or qualified nonprofits to
administer a whole-home repairs program as a sub-
recipient; and
(B) does not include a redundant entity in a
jurisdiction already served by a grantee under section
3.
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103).
(8) Qualified nonprofit.--The term ``qualified nonprofit''
means a nonprofit organization that has--
(A) received funding, as a recipient or
subrecipient, through--
(i) the Community Development Block Grant
program under title I of the Housing and
Community Development Act of 1974 (42 U.S.C.
5301 et seq.);
(ii) the HOME Investment Partnerships
program under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12741 et seq.);
(iii) the Lead-Based Paint Hazard Reduction
grant program under section 1011 of the
Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4852) or a grant under
the Healthy Homes Initiative administered by
the Secretary pursuant to sections 501 and 502
of the Housing and Urban Development Act of
1970 (12 U.S.C. 1701z-1, 1701z-2);
(iv) the Self-Help and Assisted
Homeownership Opportunity program authorized
under section 11 of the Housing Opportunity
Program Extension Act of 1996 (42 U.S.C. 12805
note);
(v) a rural housing program under title V
of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.);
(vi) the Neighborhood Reinvestment
Corporation established under the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101 et
seq.); or
(vii) any other program as determined by
the Secretary;
(B) coordinated, performed, or otherwise been
engaged in weatherization, lead remediation, or home-
repair work for not less than 2 years; or
(C) been certified by the Environmental Protection
Agency, or by a State authorized by the Environmental
Protection Agency to administer a certification
program, as--
(i) eligible to carry out activities under
the lead renovation, repair and painting
program; or
(ii) a Home Certification Organization
under the Energy Star program established by
section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a) or the
WaterSense program under section 324B of that
Act (42 U.S.C. 6294b), or recognized or
otherwise approved by the Environmental
Protection Agency as a Home Certification
Organization under either of those programs.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(10) State.--The term ``State'' means--
(A) each State of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) any territory or possession of the United
States; and
(E) an Indian Tribe.
(11) Whole-home repairs.--The term ``whole-home repairs''
means modifications, repairs, or updates to homeowner or
renter-occupied units to address--
(A) physical and sensory accessibility for
individuals with disabilities and older adults, such as
bathroom and kitchen modifications, installation of
grab bars and handrails, guards and guardrails, lifting
devices, ramp additions or repairs, sidewalk addition
or repair, or doorway or hallway widening;
(B) habitability and safety concerns, such as
repairs needed to ensure residential units are fit for
human habitation and free from defective conditions or
health and safety hazards;
(C) energy and water efficiency, resilience, and
weatherization; or
(D) other conditions as determined by the
Secretary.
SEC. 3. PILOT PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program to
provide grants to implementing organizations to administer a whole-home
repairs program for eligible homeowners and eligible landlords.
(b) Use of Funds.--An implementing organization that receives a
grant under this section--
(1) shall provide grants to eligible homeowners to
implement whole-home repairs up to a maximum amount per unit,
which maximum amount should--
(A) reflect local construction costs;
(B) be calculated by the implementing organization;
and
(C) be approved by the Secretary;
(2) shall provide loans, which may be forgivable loans, to
eligible landlords to implement whole-home repairs for
individual units and for public and common use areas within the
property up to a maximum amount per unit, which maximum amount
should--
(A) reflect local construction costs;
(B) be calculated by the implementing organization;
and
(C) be approved by the Secretary;
(3) shall provide layered subsidy review of, or provide
assistance to eligible homeowners and eligible landlords in
that review of, whole-home repair program funds provided under
this section with Federal, State, and local home repair
programs to provide the greatest benefit to the greatest number
of eligible landlords and eligible homeowners and avoid
redundancy;
(4) may use not more than 10 percent of the awarded funds
to carry out related functions, including workforce training,
which shall be related to efforts to increase the number of
home repairs performed and approved by the Secretary;
(5) may use not more than 10 percent of the awarded funds
for administrative expenses; and
(6) shall comply with Federal accessibility requirements
and standards under applicable Federal fair housing and civil
rights laws and regulations, including section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(c) Loan Agreement.--In a loan agreement with an eligible landlord
under this section, an implementing organization shall include
provisions establishing that the eligible landlord shall, for each
eligible rental property for which a loan is used to fund repairs under
this section--
(1) offer to extend the lease of current tenants on current
terms, other than the terms described in paragraph (4)(A), for
not less than 3 years beginning after the completion of the
repairs, unless the lease is terminated due to failure to pay
rent, property damage, performance of an illegal act within the
rental unit, a direct threat to the safety of the tenants, or a
violation of an obligation of tenancy that the tenants failed
to correct after notice;
(2) provide documentation verifying that the property, upon
completion of approved renovations, has met all applicable
State and local housing and building codes;
(3) attest that the landlord has no known serious
violations of renter protections that have resulted in fines,
penalties, or judgments during the preceding 10 years;
(4)(A) cap annual rent increases for each assisted unit at
5 percent of base rent or inflation, whichever is lower; or
(B) rent each assisted unit to tenants receiving tenant-
based rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)), under another tenant-
based rental assistance program administered by the Secretary
or the Secretary of Agriculture, or under a tenant-based rental
subsidy provided by a State or local government;
(5) comply with Federal accessibility requirements and
standards under applicable Federal fair housing and civil
rights laws and regulations, including section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794); and
(6) ensure that--
(A) all repairs funded or facilitated through an
award under this section have been completed;
(B) if repairs are not completed and the plan for
whole-home repairs is not updated to reflect the new
scope of work, that the loan or grant is repaid on a
prorated basis based on completed work; and
(C) any unused grant or loan balance is returned to
the implementing organization.
(d) Application.--
(1) In general.--An implementing organization desiring an
award under this section shall submit to the Secretary an
application that includes--
(A) the geographic scope of the whole-home repairs
program to be administered by the implementing
organization, including the plan to address need in any
rural, suburban, or urban area within a jurisdiction;
(B) a plan for selecting sub-recipients, if
applicable;
(C) how the implementing organization plans to
execute the coordination of Federal, State, and local
home repair programs, including programs administered
by the Department of Energy or the Department of
Agriculture, to increase efficiency and reduce
redundancy;
(D) available data on the need for affordable and
quality housing, and any plans to preserve
affordability through the term of the award;
(E) how the implementing organization plans to
process and verify applications for grants from
eligible homeowners and applications for loans from
eligible landlords; and
(F) such other information as the Secretary
requires to determine the ability of an applicant to
carry out a program under this section.
(2) Considerations.--In making awards under this section,
the Secretary shall--
(A) with respect to applications submitted by
States other than the District of Columbia and the
territories of the United States, prioritize those
applications with a demonstrated plan to--
(i) make a good faith effort to implement
the pilot program in every jurisdiction; and
(ii) provide non-metropolitan areas, or
sub-recipients serving non-metropolitan areas
if applicable, with a share of total funds
commensurate to their population;
(B) aim to select applicants so that the awardees
collectively span diverse geographies, with an intent
to understand the impact of the pilot program under
this section in urban, suburban, rural, and Tribal
settings; and
(C) not disqualify implementing organizations that
were awarded grants under the pilot program in prior
application cycles.
(e) Program Information.--The Secretary shall make available to
grant recipients under this section information regarding existing
Federal programs for which grant recipients may coordinate or provide
assistance in coordinating applications for those programs in
accordance with subsection (b)(3).
(f) Grant Number.--In each year in which an award is made under
this section, the Secretary shall award assistance to--
(1) not less than 2, and not more than 10, implementing
organizations, as application numbers and funding permit; and
(2) not more than 1 implementing organization in any State.
(g) Loans That Are Not Forgiven.--If a loan made by an implementing
organization under subsection (b)(2) is not forgiven, the loan
repayment funds may be reused by the implementing organization for a
new whole-home repair grant or loan under this section.
(h) Supplement, Not Supplant.--Amounts awarded under this section
to implementing organizations shall supplement, not supplant, other
Federal, State, and local funds made available to those entities.
(i) Streamlining Program Delivery and Ensuring Efficiency.--To the
extent possible, in carrying out the pilot program under this section,
the Secretary shall--
(1) endeavor to improve efficiency of service delivery, as
well as the experience of and impact on the taxpayer, by
encouraging programmatic collaboration and information sharing
across Federal, State, and local programs for home repair or
improvement, including programs administered by the Department
of the Agriculture; and
(2) enhance collaboration and cross-agency streamlining
efforts that reduce the burdens of multiple income verification
processes and applications on the eligible homeowner, the
eligible landlord, the implementing organization, and the
Federal Government, including by establishing assistance
application procedures for income eligibility under this Act
that recognize income eligibility determinations for assistance
using any of the criteria under section 2(2)(A) that have been
used for assistance applications during the 1-year period
preceding the date on which an eligible homeowner or eligible
landlord applies for assistance under this Act.
(j) Reporting Requirements.--
(1) Annual report.--An implementing organization that
receives a grant under this section shall submit to the
Secretary an annual report that includes--
(A) the number of units served, including reporting
on both homeownership and rental units;
(B) the average cost per unit for modifications or
repairs and the nature of those modifications or
repairs, including reporting on both homes and rental
units;
(C) the number of applications received, served,
denied, or not completed;
(D) the aggregated demographic data of grant
recipients, which may include data on income range,
urban suburban, and rural residency, age, and racial
and ethnic identity;
(E) the aggregated demographic data of loan
recipients, which may include data on income range,
urban suburban, and rural residency, age, and racial
and ethnic identity;
(F) in the first year of receiving a grant, and as
certified in subsequent reports, a comprehensive plan
to prevent waste, fraud, and abuse in the
administration of the pilot program, which shall
include, at a minimum--
(i) a policy enacted and enforced by the
implementing organization to monitor ongoing
expenditures under this title and ensure
compliance with applicable regulations,
including compliance with Federal accessibility
requirements;
(ii) a policy enacted and enforced by the
implementing organization to detect and deter
fraudulent activity, including fraud occurring
in individual projects and patterns of fraud by
parties involved in the expenditure of funds
under this section;
(iii) a statement setting forth any
violations detected by the implementing
organization during the previous calendar year,
including details about steps taken to achieve
compliance and any remedial measures; and
(iv) a certification by the chief executive
or most senior compliance officer of the
organization that the organization maintains
sufficient staff and resources to effectively
carry out the above-mentioned policies; and
(G) such other information as the Secretary may
require.
(2) Reporting requirement alignment.--To limit the costs of
implementing the pilot program under this section, the
Secretary shall endeavor, to the extent possible, to structure
reporting requirements such that they align with the data
reporting requirements in place for funding streams that
implementing organizations are likely to use in partnership
with funding from this section, including the reporting
requirements under--
(A) the Community Development Block Grant program
under title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.);
(B) the HOME Investment Partnerships program under
subtitle A of title II of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12741 et
seq.);
(C) the Weatherization Assistance Program for low-
income persons established under part A of title IV of
the Energy Conservation and Production Act (42 U.S.C.
6861 et seq.); and
(D) the Native American Housing Assistance and
Self-determination Act of 1996 (25 U.S.C. 4101 et
seq.).
(3) Pilot program period reports.--Not less frequently than
twice during the period in which the pilot program established
under this section operates, the Office of the Inspector
General of the Department of Housing and Urban Development
shall complete an assessment of the implementation of measures
to ensure the fair and legitimate use of the pilot program.
(4) Summary to congress.--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 an annual report providing a summary of the
data provided under paragraphs (1) and (3) during the 1-year
period preceding the report and all data previously provided
under those paragraphs.
(k) Funding.--The Secretary is authorized to use up to $25,000,000
of funds made available as provided in appropriations Acts for programs
administered by the Office of Lead Hazard Control and Healthy Housing
to carry out the pilot program under this section.
(l) Termination.--The pilot program established under this section
shall terminate on October 1, 2029.
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