[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3049 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3049
To amend the United States Housing Act of 1937 and the Internal Revenue
Code to promote the establishment of tenant organizations, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2025
Mrs. Ramirez (for herself, Ms. Tlaib, Mr. Gomez, Mr. Casar, and Ms.
Pressley) introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committee on
Ways and Means, 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 United States Housing Act of 1937 and the Internal Revenue
Code to promote the establishment of tenant organizations, 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 ``Tenants' Right to Organize Act''.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that all members of a household
receiving tenant-based rental assistance have the right to decent,
safe, stable, and sanitary housing.
SEC. 3. HOUSING CHOICE VOUCHER TENANT ORGANIZATIONS.
Section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) is amended by adding at the end the following:
``(23) Right to organize.--
``(A) In general.--A tenant--
``(i) has the right to establish, operate,
and participate in a legitimate tenant
organization for the purpose of addressing
issues related to their living environment,
which includes--
``(I) the terms and conditions of
their tenancy; and
``(II) activities related to
housing and community development;
``(ii) has the right to speak to the
public, including media, elected officials, and
government agencies with respect to their right
to decent, safe, and sanitary housing in
compliance with relevant housing codes, fair
housing statutes, and any other requirements;
and
``(iii) may not be retaliated against for
asserting such rights.
``(B) Required engagement.--
``(i) Public housing agencies.--Each public
housing agency shall--
``(I) recognize legitimate tenant
organizations;
``(II) give reasonable
consideration to concerns raised by
legitimate tenant organizations;
``(III) solicit feedback from any
legitimate tenant organization within
the public housing agency, including--
``(aa) if a public housing
agency is required to complete
an annual public housing agency
plan, feedback with respect to
the plan; or
``(bb) if a public housing
agency has an exemption under
section 5(b)(3), soliciting
feedback not less than once
each year;
``(IV) after receiving feedback
from a legitimate tenant organization--
``(aa) except as provided
in item (bb), meaningfully
respond in writing to such
comment not later than 60 days
after receiving such feedback;
and
``(bb) with respect to
exigent poor housing
conditions, respond in writing
to the feedback not later than
30 days after receiving such
feedback; and
``(V) seek resident advisory board
appointments from legitimate tenant
organizations.
``(ii) Owners of units.--Each owner shall--
``(I) recognize legitimate tenant
organizations;
``(II) give reasonable
consideration to concerns raised by
legitimate tenant organizations; and
``(III) allow tenant organizers to
assist tenants in the establishment and
operation of legitimate tenant
organizations.
``(C) Protections.--
``(i) In general.--Each public housing
agency and each owner may not--
``(I) interfere with the right of
any tenant to establish and operate a
legitimate tenant organization; and
``(II) retaliate against any tenant
or tenant organizer because of their
association with or participation in
activities related to a legitimate
tenant organization.
``(ii) Protected activities.--Each public
housing agency, each owner, and agents thereof
shall permit tenants and tenant organizers to
conduct the following activities related to the
establishment or operation of a legitimate
tenant organization:
``(I) Distributing leaflets in
lobby areas.
``(II) Placing leaflets at or under
doors of tenants.
``(III) Distributing leaflets in
common areas.
``(IV) Initiating contact with
tenants.
``(V) Conducting door-to-door
surveys of tenants to ascertain
interest in establishing a legitimate
tenant organization and to offer
information about tenant organizations.
``(VI) Posting information on
bulletin boards.
``(VII) Assisting tenants with
participation in tenant organization
activities.
``(VIII) Convening regularly
scheduled tenant organization meetings
in a space on-site and accessible to
tenants, in a manner that is fully
independent of representatives of the
public housing agency or the owner,
unless invited by the tenant
organization to specific meetings to
discuss a specific issue or issues.
``(IX) Assisting tenants in--
``(aa) creating a resident
advisory board or resident
council; and
``(bb) appointing tenants
to serve on a resident advisory
board or resident council.
``(X) Speaking to the public,
including the media, elected officials,
and government agencies.
``(XI) Formulating a response to a
request by the owner or public housing
agency for approval of rent increases
or other discretionary decisions
affecting residents.
``(XII) Other reasonable activities
related to the establishment or
operation of a legitimate tenant
organization.
``(iii) Permission.--A public housing
agency or owner may not require tenants or
tenant organizers to obtain prior permission
before engaging in the activities permitted
under this paragraph.
``(iv) Presumption.--If a public housing
agency or owner takes an adverse action against
a tenant or tenant organizer that is a member
of a legitimate tenant organization during the
180-day period beginning on the date on which
the tenant engages in a protected activity
under this subparagraph, there shall be a
rebuttable presumption that the adverse action
is an act of retaliation relating to the
participation of the tenant in the tenant
organization.
``(D) Notice of right to organize.--Each public
housing agency shall notify each tenant of the rights
described under this paragraph.
``(E) Prohibition on interference and
retaliation.--Each public housing agency and each owner
may not--
``(i) interfere with the right of tenants
to establish and operate a legitimate tenant
organization; or
``(ii) retaliate against any tenant or
tenant organizer because of their association
with or participation in activities related to
a legitimate tenant organization.
``(F) Meeting spaces.--
``(i) In general.--Each public housing
agency and owner shall make available the use
of any community room or other available space
appropriate for meetings within the building or
project when requested by a legitimate tenant
organization and used for activities related to
the establishment or operation of a legitimate
tenant organization.
``(ii) Accessibility.--If the building or
project has an accessible common area or areas,
such facilities shall reasonably be made
available for legitimate tenant organization
meetings to ensure such meetings are accessible
to persons with disabilities, unless it is
impractical for reasons beyond the control of
the public housing agency or owner.
``(iii) Fees.--An owner of a building or
project may charge a reasonable, customary, and
usual fee, as may normally be imposed for the
use of such facilities.
``(G) Definitions.--In this paragraph:
``(i) Adverse action.--The term `adverse
action' means, in response to a tenant's
exercise of rights described in this
paragraph--
``(I) the termination or non-
renewal of a lease;
``(II) the termination of
assistance under this section;
``(III) a decrease or delay in
services provided to the tenant by the
owner or public housing agency;
``(IV) an unplanned increase of
rent or fees;
``(V) the threat or initiation of a
lawsuit against a lessee;
``(VI) a violation of tenant
privacy; or
``(VII) the harassment of a tenant
or tenant organizers.
``(ii) Legitimate tenant organization.--The
term `legitimate tenant organization' means, in
a building or project with 3 or more families
receiving assistance under this section, an
organization that--
``(I) meets regularly and operates
democratically;
``(II) is representative of all
tenants in the building or project;
``(III) is completely independent
from a public housing agency, owner,
landlord, management of the building or
development, and any representatives of
such entities;
``(IV) has been established for the
purpose described in subparagraph (A);
and
``(V) includes newly formed
resident organizing committees, which
do not require specific structures,
written by-laws, elections, or resident
petitions.
``(iii) Tenant.--The term `tenant' means a
family or any member of a family that receives
assistance under this section.
``(iv) Tenant organizer.--
``(I) In general.--The term `tenant
organizer' means an individual who--
``(aa) assists tenants in
establishing and operating a
legitimate tenant organization;
and
``(bb) is not an employee
or representative of current or
prospective owners or agents or
the owners.
``(II) Building policies.--
``(aa) Policy against
canvassing.--If a building or
project has consistently
enforced a written policy
against canvassing, any tenant
organizer who is not a tenant
shall be accompanied by a
tenant while on the property of
the building or project.
``(bb) Policy in favor of
canvassing.--If a building or
project has a written policy
favoring canvassing, any tenant
organizer who is not a tenant
shall be afforded the same
privileges and rights of access
as any other uninvited outside
parties in the normal course of
operations of the building or
project.
``(cc) No policy on
canvassing.--If a building or
project does not have a
consistently enforced, written
policy against canvassing, the
building or project shall be
treated as if it has a policy
favoring canvassing.''.
SEC. 4. LIHTC TENANT ORGANIZATIONS.
(a) In General.--Section 42(g) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(10) LIHTC tenant organizations.--
``(A) Rights of tenants.--In the case of any
qualified low-income housing project which is an
applicable project, families occupying rent-restricted
units in such project shall have the same right as
families described in section 8(o)(23)(B)(i), (ii) and
(iii) of the United States Housing Act of 1937.
``(B) Responsibilities of owners and state housing
credit agencies.--In the case of any applicable
project, such project shall not be treated as a
qualified low-income housing project for purposes of
this section unless--
``(i) each owner of such project meets
requirements which are the same as the
requirements of clauses (i) and (iii) of
subparagraph (C) and subparagraph (D) of
section 8(o)(23) of the United States Housing
Act of 1937, and
``(ii) each State housing credit agency
meets requirements which are the same as the
requirements of clauses (i) and (ii) of
subparagraph (C) and subparagraph (D) of such
section.
``(C) Applicable project.--For purposes of this
paragraph, the term `applicable project' means--
``(i) any project which is placed in
service after the date of enactment of this
Act; and
``(ii) any project--
``(I) which was placed in service
on or before the date of enactment of
such Act; and
``(II) for which the date of
enactment of such Act occurred before
the end of the compliance period for
such project.
``(D) Notice of right to organize.--
``(i) In general.--Each State housing
credit agency shall notify each tenant living
at a qualified low-income housing project of
the right to organize as described in paragraph
(10) annually.
``(ii) Tenancy addendum.--The Secretary
shall require each State housing credit
agency--
``(I) that has implemented a
standard lease, lease addendum, or
other guidance to owners of a qualified
low-income housing project, to amend
that document to include language
affirming lessees' right to organize
provided for in this paragraph; or
``(II) that performs lease-based
evaluations of low income-housing tax
credit compliance to include in that
evaluation a requirement to include a
written affirmation of the tenant's
right to organize as provided for in
this paragraph.
``(E) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such
sums as are necessary to carry out this paragraph.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 5. ENFORCEMENT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary for Public and Indian
Housing of the Department of Housing and Urban Development shall, in
coordination with the Secretary of the Treasury, establish a protocol
for the enforcement of paragraph (23) of section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(23)), as added by
section 3 of this Act, and paragraph (10) of section 42(g) of the
Internal Revenue Code of 1986, as added by section 4 of this Act,
that--
(1) reflects or integrates the existing enforcement
protocol for tenants protected under section 202 of the Housing
and Community Development Amendments Act of 1978 (12 U.S.C.
1715z-1b), where possible;
(2) creates a mechanism for administrative complaints to be
filed, cataloged, and investigated regarding public housing
agencies, State housing credit agencies, owners, landlords,
management, and their representatives' alleged violation of
their obligation not to interfere with the right of tenants to
establish and operate a legitimate tenant organization, which
shall--
(A) provide families a remedy when the agency
determines a violation of the obligation not to
interfere with the right of tenants to establish and
operate a legitimate tenant organization;
(B) include an independent investigation of tenant
and advocate allegations of abuse;
(C) keep tenants informed about the progression of
any complaint; and
(D) provide confidentiality if necessary, including
in cases where alleged abuse is extreme and targeted;
(3) prohibits withholding the tenant-based assistance under
such section 8(o) or the denial of the right to occupy an
assisted unit or a rent-restricted unit, or any other right or
privilege required to be provided as a condition of the tenant-
based assistance or the project being treated as a qualified
low-income housing project until such complaint is closed; and
(4) if relevant, appropriately refers complaints related to
potential violation of fair housing laws to the Office of Fair
Housing and Equal Opportunity at the Department of Housing and
Urban Development.
(b) Establishment of Private Right of Action.--Tenants may file an
action at law or in equity, in Federal or State court, including for
injunctive relief, to enforce the various provisions of this Act.
(c) Report.--The Secretary of Housing and Urban Development 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 a quarterly report on the enforcement of this section
that--
(1) provides all data at both the property-level and
jurisdiction-level; and
(2) includes--
(A) the volume of outstanding complaints;
(B) the average response time to an initial
complaint;
(C) the average time it takes to close a complaint;
and
(D) information about the type of issues reported
by tenants that necessitated enforcement action.
SEC. 6. FUNDING FOR TENANT AND OTHER PARTICIPATION AND CAPACITY
BUILDING.
Paragraph (3) of section 514(f) of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is
amended--
(1) in subparagraph (A)--
(A) in the first sentence--
(i) by striking ``not more than'' and
inserting ``not less than'';
(ii) by inserting ``for predevelopment
assistance to enable such transfers,'' after
``owners),''; and
(iii) by striking ``of low-income housing
for which project-based rental assistance is
provided at below market rent levels and may
not be renewed (including transfer of
developments to tenant groups, nonprofit
organizations, and public entities), for tenant
services'' and inserting the following: ``and
improvement of low-income housing for which
project-based rental assistance, public housing
subsidies, low-income housing tax credits,
Federal or State subsidized loans, enhanced
vouchers under section 8(t) of the United
States Housing Act of 1937, or project-based
vouchers under section 8(o) of such Act are
provided or proposed''; and
(B) by adding at the end the following:
``(D) Outreach and technical assistance grants.--
``(i) In general.--Not later than 1 year
after the date of the enactment of this
subparagraph, the Secretary shall establish a
grant program to award amounts for the purposes
of, under this paragraph--
``(I) outreach and training of
tenants by eligible entities; and
``(II) the provision of technical
assistance by eligible entities to
tenant groups.
``(ii) Eligible entities.--To be eligible
for a grant under this subparagraph, an entity
shall be a nonprofit organization that--
``(I) has not less than 2 years of
experience with the organization and
provision of assistance to tenants; and
``(II) is independent from any
owners, prospective purchasers, or any
agents thereof of a residential
development.
``(iii) Assistance to eligible entities.--
The Secretary may provide assistance and
training to recipients of amounts under
subparagraph with respect to--
``(I) administrative and fiscal
management; and
``(II) compliance with any Federal
requirements.
``(iv) Expedited funding.--The Secretary
shall expedite the provision of funding for the
fiscal year in which the date of the enactment
of this subparagraph occurs by entering into an
interagency agreement for not less than
$1,000,000 with the Corporation for National
and Community Service to conduct a tenant
outreach and training program.
``(v) Flexible grants.--The Secretary shall
make available flexible grants under this
subparagraph to qualified nonprofit
organizations that do not own eligible
multifamily properties, for tenant outreach in
underserved areas, and to experienced national
or regional nonprofit organizations to provide
specialized training or support to grantees
assisted under this subsection.
``(vi) Funding for subsequent fiscal
years.--Notwithstanding any other provision of
law, amounts authorized under this subparagraph
for any fiscal year shall be available for
obligation in subsequent fiscal years.
``(vii) Reports.--The Secretary shall
require each recipient of amounts made
available pursuant to this subparagraph to
submit to the Secretary a report, on a
quarterly basis, detailing the use of such
amounts, including such information as the
Secretary shall require.''.
SEC. 7. PROVISION OF FUNDS TO RESIDENT COUNCILS.
The Secretary of Housing and Urban Development shall, not later
than 1 year after the date of the enactment of this Act, provide each
resident council, as described in section 964.100 of title 24, Code of
Federal Regulations, $40 per unit per year, to be increased annually to
keep pace with inflation.
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