[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4899 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4899
To establish a grant program for States that adopt the Uniform
Partition of Heirs Property Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2024
Ms. Butler introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To establish a grant program for States that adopt the Uniform
Partition of Heirs Property Act, 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 ``Heirs Estate Inheritance Resolution
and Succession Act of 2024'' or the ``HEIRS Act of 2024''.
SEC. 2. GRANTS FOR ELIGIBLE ENTITIES THAT ADOPT THE UNIFORM PARTITION
OF HEIRS PROPERTY ACT.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or unit of general local government, as
those terms are defined in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302);
(B) a territory; or
(C) a Tribal government.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Grant Program.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a grant program
that provides amounts to eligible entities that have enacted or adopted
the Uniform Partition of Heirs Property Act as approved and recommended
for enactment in all the States by the National Conference of
Commissioners on Uniform State Laws in 2010 or a similar law that the
Secretary determines is a substantial equivalent.
(c) Use of Amounts.--
(1) In general.--An eligible entity that receives a grant
under this section shall use the grant amounts to assist
residents of the eligible entity with bona fide expenses
relating to establishing and documenting property ownership
rights or settling a decedent's estate, including--
(A) fees and costs related to--
(i) obtaining title reports and title
abstracts, copies of public records, and land
surveys;
(ii) estate planning; or
(iii) heirs search or tracing services;
(B) recording and filing fees;
(C) notary fees; and
(D) legal fees and expenses.
(2) Layering of assistance.--An eligible entity that
receives a grant under this section may use the grant amounts
to assist residents of the eligible entity who are receiving
assistance from other sources, including Federal, State, local,
private, public, and nonprofit sources.
(d) Regulations and Criteria for Selection.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall promulgate
regulations to carry out this section that include criteria for the
selection of grant recipients.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $30,000,000 for each of year fiscal years
2025 through 2035 to carry out this section.
SEC. 3. GRANTS TO PROVIDE ASSISTANCE RELATING TO HEIRS' PROPERTY
RESOLUTION.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a HUD-approved housing counseling agency;
(B) a legal services clinic operated by an
institution of higher education, as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001); or
(C) a qualifying nonprofit.
(2) Heirs' property.--The term ``heirs' property'' means
residential property--
(A) for which title passed by operation of law
through intestacy; and
(B) that is held by 2 or more heirs as tenants in
common.
(3) HUD-approved housing counseling agency.--The term
``HUD-approved housing counseling agency'' means a housing
counseling agency found eligible to receive assistance by the
Secretary under section 106(a)(2) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x(a)(2)).
(4) Low- or moderate-income person.--
(A) In general.--Except as provided in subparagraph
(B), the term ``low- or moderate-income person'' means
a homeowner whose household income does not exceed 120
percent of the median income for the area, as
determined by the Secretary, within which--
(i) the heirs' property which respect to
which the homeowner is seeking assistance is
located; or
(ii) the place of residence of the
homeowner is located.
(B) Exception.--With respect to an area described
in subparagraph (A) that is a high-cost area, as
determined by the Secretary, the term ``low- or
moderate-income person'' means a homeowner whose
household income does not exceed 140 percent of the
median income for the area, as determined by the
Secretary.
(5) Qualifying nonprofit.--The term ``qualifying
nonprofit'' means a nonprofit, mission-driven entity that, as
determined by the Secretary--
(A) has a track record of providing assistance to
homeowners;
(B) targets services to minority persons and low-
or moderate-income persons; or
(C) provides services in neighborhoods that have a
high concentration of--
(i) minority persons; and
(ii) low- or moderate-income persons.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Grant Program.--The Secretary shall carry out a program under
this section to provide grants to eligible entities to use to provide
housing counseling, legal assistance, and financial assistance related
to title clearing and home retention efforts for owners of heirs'
property.
(c) Awards.--The Secretary shall consider the following when
awarding grants under this section:
(1) Whether the eligible entity has a proven track record
of--
(A) providing assistance to homeowners;
(B) targeting services to minority persons and low-
or moderate-income persons; and
(C) providing services in neighborhoods that have a
high concentration of--
(i) minority persons; and
(ii) low- or moderate-income persons.
(2) Whether the eligible entity has planned or existing
partnerships with other eligible entities.
(3) Whether the eligible entity is located in an area with
a high number of owners of heirs' property, as determined by
the Secretary.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary, for grants under this section,
$10,000,000 for each of fiscal years 2025 through 2029.
SEC. 4. HEIRS' PROPERTY HOUSING COUNSELING.
Section 106(g) of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701x(g)) is amended by adding at the end the following:
``(6) Counseling with respect to heirs' property.--
``(A) In general.--A nonprofit organization that
receives amounts under this section shall, when
providing homeownership counseling services to a
consumer--
``(i) explain to the consumer what heirs'
property is, the risks associated with heirs'
property, and how to avoid heirs' property
issues; and
``(ii) inform the consumer of all available
estate planning and title clearing options,
assistance, and services, including those
offered under sections 2 and 3 of the Heirs
Estate Inheritance Resolution and Succession
Act of 2024.
``(B) Referral.--The Secretary shall ensure that
each nonprofit organization that receives amounts under
this section knows how to refer consumers, where
appropriate, to mission-driven nonprofit organizations
and legal services clinics operated by institutions of
higher education, as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001), that are
capable of assisting a consumer to clear title and with
general estate planning.
``(C) Definition of heirs' property.--For purposes
of this paragraph, the term `heirs' property' means
residential property--
``(i) for which title passed by operation
of law through intestacy; and
``(ii) that is held by 2 or more heirs as
tenants in common.''.
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