U.S. Congress - Text of H.R.1851 as Referred in Senate Section 8 Voucher Reform Act of 2007
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Donate NowH.R.1851 - Section 8 Voucher Reform Act of 2007
To reform the housing choice voucher program under section 8 of the United States Housing Act of 1937.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 6,633 | n/a | n/a |
| Reported in House | 19,021 | 118 | 77% |
| Engrossed in House | 21,957 | 85 | 22% |
| Referred in Senate | 21,853 | 5 Show Changes Hide Changes | 0% |
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HR 1851 EHRFSCommentsClose CommentsPermalink
July 16, 2007
Received; read twice and referred to the Committee on Banking, Housing, and Urban AffairsCommentsClose CommentsPermalink
To reform the housing choice voucher program under section 8 of the United States Housing Act of 1937.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the `Section 8 Voucher Reform Act of 2007'.CommentsClose CommentsPermalink
SEC. 2. INSPECTION OF DWELLING UNITS.
(a) In General- Section 8(o)(8) of the United States Housing Act of 1937 (
(1) by striking subparagraph (A) and inserting the following new subparagraph:CommentsClose CommentsPermalink
`(A) INITIAL INSPECTION-CommentsClose CommentsPermalink
`(i) IN GENERAL- For each dwelling unit for which a housing assistance payment contract is established under this subsection, the public housing agency (or other entity pursuant to paragraph (11)) shall inspect the unit before any assistance payment is made to determine whether the dwelling unit meets the housing quality standards under subparagraph (B), except as provided in clause (ii) or (iii) of this subparagraph.CommentsClose CommentsPermalink
`(ii) CORRECTION OF NON-LIFE THREATENING CONDITIONS- In the case of any dwelling unit that is determined, pursuant to an inspection under clause (i), not to meet the housing quality standards under subparagraph (B), assistance payments may be made for the unit notwithstanding subparagraph (C) if failure to meet such standards is a result only of non-life threatening conditions. A public housing agency making assistance payments pursuant to this clause for a dwelling unit shall, 30 days after the beginning of the period for which such payments are made, suspend any assistance payments for the unit if any deficiency resulting in noncompliance with the housing quality standards has not been corrected by such time, and may not resume such payments until each such deficiency has been corrected.CommentsClose CommentsPermalink
`(iii) PROJECTS RECEIVING CERTAIN FEDERAL HOUSING SUBSIDIES- In the case of any property that within the previous 12 months has been determined to meet housing quality and safety standards under any Federal housing program inspection standard, including the program under section 42 of the Internal Revenue Code of 1986 or under subtitle A of title II of the Cranston Gonzalez National Affordable Housing Act of 1990, a public housing agency may authorize occupancy before the inspection under clause (i) has been completed, and may make assistance payments retroactive to the beginning of the lease term after the unit has been determined pursuant to an inspection under clause (i) to meet the housing quality standards under subparagraph (B).';CommentsClose CommentsPermalink
(2) by striking subparagraph (D) and inserting the following new subparagraph:CommentsClose CommentsPermalink
`(D) BIENNIAL INSPECTIONS-CommentsClose CommentsPermalink
`(i) REQUIREMENT- Each public housing agency providing assistance under this subsection (or other entity, as provided in paragraph (11)) shall, for each assisted dwelling unit, make inspections not less often than biennially during the term of the housing assistance payments contract for the unit to determine whether the unit is maintained in accordance with the requirements under subparagraph (A). The agency (or other entity) shall retain the records of the inspection for a reasonable time and shall make the records available upon request to the Secretary, the Inspector General for the Department of Housing and Urban Development, and any auditor conducting an audit under section 5(h).CommentsClose CommentsPermalink
`(ii) SUFFICIENT INSPECTION- An inspection of a property shall be sufficient to comply with the inspection requirement under clause (i) if--CommentsClose CommentsPermalink
`(I) the inspection was conducted pursuant to requirements under a Federal, State, or local housing assistance program (including the HOME investment partnerships program under title II of the Cranston-Gonzalez National Affordable Housing Act (
`(II) pursuant to such inspection, the property was determined to meet the standards or requirements regarding housing quality or safety applicable to units assisted under such program, and, if a non-Federal standard was used, the public housing agency has certified to the Secretary that such standards or requirements provide the same protection to occupants of dwelling units meeting such standards or requirements as, or greater protection than, the housing quality standards under subparagraph (B).'; andCommentsClose CommentsPermalink
(3) by redesignating subparagraph (E) as subparagraph (G);CommentsClose CommentsPermalink
(4) by inserting after subparagraph (D) the following new subparagraphs:CommentsClose CommentsPermalink
`(E) INTERIM INSPECTIONS- Upon notification to the public housing agency, by a family on whose behalf tenant-based rental assistance is provided under this subsection or by a government official, that the dwelling unit for which such assistance is provided does not comply with the housing quality standards under subparagraph (B), the agency shall inspect the dwelling unit--CommentsClose CommentsPermalink
`(i) in the case of any condition that is life-threatening, within 24 hours after receipt of such notice; andCommentsClose CommentsPermalink
`(ii) in the case of any condition that is not life-threatening, within 15 days after receipt of such notice.CommentsClose CommentsPermalink
`(F) ENFORCEMENT OF HOUSING QUALITY STANDARDS-CommentsClose CommentsPermalink
`(i) DETERMINATION OF NONCOMPLIANCE- A dwelling unit that is covered by a housing assistance payments contract under this subsection shall be considered, for purposes of this subparagraph, to be in noncompliance with the housing quality standards under subparagraph (B) if--CommentsClose CommentsPermalink
`(I) the public housing agency or an inspector authorized by the State or unit of local government determines upon inspection of the unit that the unit fails to comply with such standards;CommentsClose CommentsPermalink
`(II) the agency or inspector notifies the owner of the unit in writing of such failure to comply; andCommentsClose CommentsPermalink
`(III) the failure to comply is not corrected--CommentsClose CommentsPermalink
`(aa) in the case of any such failure that is a result of life-threatening conditions, within 24 hours after receipt of such notice; andCommentsClose CommentsPermalink
`(bb) in the case of any such failure that is a result of non-life threatening conditions, within 30 days after receipt of such notice or such other reasonable period as the public housing agency may establish.CommentsClose CommentsPermalink
`(ii) WITHHOLDING OF ASSISTANCE AMOUNTS- The public housing agency shall withhold all of the assistance amounts under this subsection with respect to a dwelling unit that is in noncompliance with housing quality standards under subparagraph (B). Upon completion of repairs by the public housing agency or the owner sufficient so that the dwelling unit complies with such housing quality standards, the agency shall recommence payments under the housing assistance payments contract to the owner of the dwelling unit.CommentsClose CommentsPermalink
`(iii) USE OF WITHHELD ASSISTANCE TO PAY FOR REPAIRS- The public housing agency may use such amounts withheld to make repairs to the dwelling unit or to contract to have repairs made, except that a contract to make repairs may not be entered into with the inspector for the dwelling unit referred to in clause (i)(I).CommentsClose CommentsPermalink
`(iv) PROTECTION OF TENANTS- An owner of a dwelling unit may not terminate the tenancy of any tenant or refuse to renew a lease for such unit because of the withholding of assistance pursuant to this subparagraph. During the period that assistance is withheld pursuant to this subparagraph, the tenant may terminate the tenancy by notifying the owner.CommentsClose CommentsPermalink
`(v) TERMINATION OF LEASE OR ASSISTANCE PAYMENTS CONTRACT- If assistance amounts under this section for a dwelling unit are withheld pursuant to clause (ii) and the owner does not correct the noncompliance within 60 days after the effective date of the determination of noncompliance under clause (i), or such other reasonable period as the public housing agency may establish, and the agency does not use its authority under clause (iii), the agency shall terminate the housing assistance payments contract for the dwelling unit.CommentsClose CommentsPermalink
`(vi) RELOCATION- If the public housing agency terminates the housing assistance payments contract for a dwelling unit, the lease for any family residing in that unit shall terminate and the family may remain in the unit subject to a new lease as an unassisted family. The agency shall provide the family residing in such a dwelling unit a period of 90 days, beginning upon termination of the contract, to lease a new residence to assist with the tenant-based rental assistance made available under this section for the family. If the family is unable to lease such a new residence during such period, the public housing agency shall extend the period during which the family may lease a new residence to be assisted with such assistance or provide such family a preference for occupancy in a dwelling unit of public housing owned or operated by the agency that first becomes available for occupancy after the expiration of such period. The agency shall provide reasonable assistance to the family in finding a new residence, including use of two months of any assistance amounts withheld pursuant to clause (ii) for costs associated with relocation of the family to a new residence.CommentsClose CommentsPermalink
`(vii) LIMITATION OF LIABILITY OF PUBLIC HOUSING AGENCIES- A public housing agency that uses its authority under clause (iii) shall not, if the agency accomplishes the work through a contractor that is licensed, bonded, and insured in amounts and with coverage as required by the Secretary, be liable for any injury or damages that may result to persons or to any property owned by the tenant or owner.CommentsClose CommentsPermalink
`(viii) TENANT-CAUSED DAMAGES- If a public housing agency determines that any damage to a dwelling unit that results in a failure of the dwelling unit to comply with housing quality standards under subparagraph (B), other than any damage resulting from ordinary use, was caused by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control, the agency may, in the discretion of the agency, waive the applicability of this subparagraph, except that this clause shall not exonerate a tenant from any liability otherwise existing under applicable law for damages to the premises caused by such tenant.CommentsClose CommentsPermalink
`(ix) APPLICABILITY- This subparagraph shall apply to any dwelling unit for which a housing assistance payments contract is entered into or renewed after the date of the effectiveness of the regulations implementing this subparagraph.'.CommentsClose CommentsPermalink
(b) Regulations- The Secretary of Housing and Urban Development shall issue any regulations necessary to carry out the amendment made by subsection (a)(3) not later than the expiration of the 12-month period beginning upon the date of the enactment of this Act. Such regulations shall take effect not later than the expiration of the 90-day period beginning upon such issuance. This subsection shall take effect upon enactment of this Act.CommentsClose CommentsPermalink
SEC. 3. RENT REFORM AND INCOME REVIEWS.
(a) Rent for Public Housing and Section 8 Programs- Section 3 of the United States Housing Act of 1937 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1) by inserting `LOW-INCOME OCCUPANCY REQUIREMENT AND RENTAL PAYMENTS- ' after `(1)';CommentsClose CommentsPermalink
(B) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking `paragraph (2)' and inserting `paragraphs (2) and (3)'; andCommentsClose CommentsPermalink
(ii) by striking `paragraph (3)' and inserting `paragraph (4)';CommentsClose CommentsPermalink
(C) in paragraph (2)(A)(i), by striking `paragraph (3)' and inserting `paragraph (4)';CommentsClose CommentsPermalink
(D) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;CommentsClose CommentsPermalink
(E) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink
`(3) PHA AUTHORITY TO ESTABLISH ALTERNATIVE RENTS-CommentsClose CommentsPermalink
`(A) RENT FLEXIBILITY FOR PUBLIC HOUSING AND VOUCHER PROGRAM- Subject to the requirements under subparagraph (B), a public housing agency may establish for public housing and for families on whose behalf assistance is provided under the program for tenant-based voucher assistance under section 8(o)--CommentsClose CommentsPermalink
`(i) a tenant rent structure in which--CommentsClose CommentsPermalink
`(I) the public housing agency establishes, based on the rental value of the unit, as determined by the public housing agency--CommentsClose CommentsPermalink
`(aa) a ceiling rent for each dwelling unit that it owns and operates; andCommentsClose CommentsPermalink
`(bb) a ceiling on the amount of the tenant contribution toward rent required of a family provided tenant-based assistance; andCommentsClose CommentsPermalink
`(II) such ceiling rent and tenant contribution are adjusted periodically on the basis of an inflation index or a recalculation of the rental value of the unit (which may be recalculated by unit or by building);CommentsClose CommentsPermalink
`(ii) an income-tiered tenant rent structure in which the amount of rent a family shall pay is set and distributed on the basis of broad tiers of income and such tiers and rents are adjusted on the basis of an annual cost index except that families entering public housing shall not be offered a rent lower than the rent corresponding to their income tier; orCommentsClose CommentsPermalink
`(iii) a tenant rent structure in which the amount of rent a family shall pay is based on a percentage of family income, except that lower percentages may apply only with respect to earned income; such a rent structure may provide for an amount of rent based on a calculation of earned income that provides for disregard of a higher percentage or higher dollar amount, or both, than provided for in paragraph (8)(B).CommentsClose CommentsPermalink
`(B) LIMITATION- Notwithstanding the authority provided under subparagraph (A), the amount paid for rent (including the amount allowed for tenant-paid utilities) by any family for a dwelling unit in public housing or for rental of a dwelling unit for which tenant-based voucher assistance under section 8(o) is provided may not exceed the amount determined under subsection (a)(1) of this section or section 8(o), respectively. The Secretary shall issue regulations and establish procedures to ensure compliance with this subparagraph.CommentsClose CommentsPermalink
`(C) ELDERLY FAMILIES AND DISABLED FAMILIES- Notwithstanding any other provision of this Act, this paragraph shall not apply to elderly families and disabled families.'; andCommentsClose CommentsPermalink
(F) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(7) REVIEWS OF FAMILY INCOME-CommentsClose CommentsPermalink
`(A) FREQUENCY- Reviews of family income for purposes of this section shall be made--CommentsClose CommentsPermalink
`(i) in the case of all families, upon the initial provision of housing assistance for the family;CommentsClose CommentsPermalink
`(ii) annually thereafter, except as provided in subparagraph (B)(i);CommentsClose CommentsPermalink
`(iii) upon the request of the family, at any time the income or deductions (under subsection (b)(5)) of the family change by an amount that is estimated to result in a decrease of $1,500 (or such lower amount as the public housing agency may, at the option of the agency or owner, establish) or more in annual adjusted income; andCommentsClose CommentsPermalink
`(iv) at any time the income or deductions (under subsection (b)(5)) of the family change by an amount that is estimated to result in an increase of $1,500 or more in annual adjusted income, except that any increase in the earned income of a family shall not be considered for purposes of this clause (except that earned income may be considered if the increase corresponds to previous decreases under clause (iii)), except that a public housing agency or owner may elect not to conduct such review in the last three months of a certification period.CommentsClose CommentsPermalink
`(B) FIXED-INCOME FAMILIES-CommentsClose CommentsPermalink
`(i) SELF CERTIFICATION AND 3-YEAR REVIEW- In the case of any family described in clause (ii), after the initial review of the family's income pursuant to subparagraph (A)(i), the public housing agency or owner shall not be required to conduct a review of the family's income pursuant to subparagraph (A)(ii) for any year for which such family certifies, in accordance with such requirements as the Secretary shall establish, that the income of the family meets the requirements of clause (ii) of this subparagraph, except that the public housing agency or owner shall conduct a review of each such family's income not less than once every 3 years.CommentsClose CommentsPermalink
`(ii) ELIGIBLE FAMILIES- A family described in this clause is a family who has an income, as of the most recent review pursuant to subparagraph (A) or clause (i) of this subparagraph, of which 90 percent or more consists of fixed income, as such term is defined in clause (iii).CommentsClose CommentsPermalink
`(iii) FIXED INCOME- For purposes of this subparagraph, the term `fixed income' includes income from--CommentsClose CommentsPermalink
`(I) the supplemental security income program under title XVI of the Social Security Act, including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act and payments pursuant to an agreement entered into under section 212(b) of
`(II) Social Security payments;CommentsClose CommentsPermalink
`(III) Federal, State, local and private pension plans; andCommentsClose CommentsPermalink
`(IV) other periodic payments received from annuities, insurance policies, retirement funds, disability or death benefits, and other similar types of periodic receipts.CommentsClose CommentsPermalink
`(C) IN GENERAL- Reviews of family income for purposes of this section shall be subject to the provisions of section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988.CommentsClose CommentsPermalink
`(8) CALCULATION OF INCOME-CommentsClose CommentsPermalink
`(A) USE OF PRIOR YEAR'S INCOME- Except as otherwise provided in this paragraph, in determining the income of a family for a year, a public housing agency or owner may use the income of the family as determined by the agency or owner for the preceding year, taking into consideration any redetermination of income during such prior year pursuant to clause (iii) or (iv) of paragraph (7)(A).CommentsClose CommentsPermalink
`(B) EARNED INCOME- For purposes of this section, the earned income of a family for a year shall be the amount of earned income by the family in the prior year minus an amount equal to 10 percent of the lesser of such prior year's earned income or $10,000, except that the income of a family for purposes of section 16 (relating to eligibility for assisted housing and income mix) shall be determined without regard to any reduction under this subparagraph.CommentsClose CommentsPermalink
`(C) INFLATIONARY ADJUSTMENT FOR FIXED INCOME FAMILIES- If, for any year, a public housing agency or owner determines the income for any family described in paragraph (7)(B)(ii), or the amount of fixed income of any other family, based on the prior year's income or fixed income, respectively, pursuant to subparagraph (A), such prior year's income or fixed income, respectively, shall be adjusted by applying an inflationary factor as the Secretary shall, by regulation, establish.CommentsClose CommentsPermalink
`(D) OTHER INCOME- If, for any year, a public housing agency or owner determines the income for any family based on the prior year's income, with respect to prior year calculations of types of income not subject to subparagraph (B), a public housing agency or owner may make other adjustments as it considers appropriate to reflect current income.CommentsClose CommentsPermalink
`(E) SAFE HARBOR- A public housing agency or owner may, to the extent such information is available to the public housing agency or owner, determine the family's income for purposes of this section based on timely income determinations made for purposes of other means-tested Federal public assistance programs (including the program for block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act, a program for medicaid assistance under a State plan approved under title XIX of the Social Security Act, and the food stamp program as defined in section 3(h) of the Food Stamp Act of 1977). The Secretary shall, in consultation with other appropriate Federal agencies, develop procedures to enable public housing agencies and owners to have access to such income determinations made by other Federal programs.CommentsClose CommentsPermalink
`(F) PHA AND OWNER COMPLIANCE- A public housing agency or owner may not be considered to fail to comply with this paragraph or paragraph (7) due solely to any de minimus errors made by the agency or owner in calculating family incomes.';CommentsClose CommentsPermalink
(2) by striking subsections (d) and (e); andCommentsClose CommentsPermalink
(3) by redesignating subsection (f) as subsection (d).CommentsClose CommentsPermalink
(b) Income- Section 3(b) of the United States Housing Act of 1937 (
(1) by striking paragraph (4) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(4) INCOME- The term `income' means, with respect to a family, income received from all sources by each member of the household who is 18 years of age or older or is the head of household or spouse of the head of the household, plus unearned income by or on behalf of each dependent who is less than 18 years of age, as determined in accordance with criteria prescribed by the Secretary, in consultation with the Secretary of Agriculture, subject to the following requirements:CommentsClose CommentsPermalink
`(A) INCLUDED AMOUNTS- Such term includes recurring gifts and receipts, actual income from assets, and profit or loss from a business.CommentsClose CommentsPermalink
`(B) EXCLUDED AMOUNTS- Such term does not include--CommentsClose CommentsPermalink
`(i) any imputed return on assets; andCommentsClose CommentsPermalink
`(ii) any amounts that would be eligible for exclusion under section 1613(a)(7) of the Social Security Act (
`(C) EARNED INCOME OF STUDENTS- Such term does not include earned income of any dependent earned during any period that such dependent is attending school on a full-time basis or any grant-in-aid or scholarship amounts related to such attendance used for the cost of tuition or books.CommentsClose CommentsPermalink
`(D) EDUCATIONAL SAVINGS ACCOUNTS- Income shall be determined without regard to any amounts in or from, or any benefits from, any Coverdell education savings account under section 530 of the Internal Revenue Code of 1986 or any qualified tuition program under section 529 of such Code.CommentsClose CommentsPermalink
`(E) OTHER EXCLUSIONS- Such term shall not include other exclusions from income as are established by the Secretary or any amount required by Federal law to be excluded from consideration as income. The Secretary may not require a public housing agency or owner to maintain records of any amounts excluded from income pursuant to this subparagraph.'; andCommentsClose CommentsPermalink
(2) by striking paragraph (5) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(5) ADJUSTED INCOME- The term `adjusted income' means, with respect to a family, the amount (as determined by the public housing agency or owner) of the income of the members of the family residing in a dwelling unit or the persons on a lease, after any deductions from income as follows:CommentsClose CommentsPermalink
`(A) ELDERLY AND DISABLED FAMILIES- $725 in the case of any family that is an elderly family or a disabled family.CommentsClose CommentsPermalink
`(B) DEPENDENTS- In the case of any family that includes a member or members who--CommentsClose CommentsPermalink
`(i) are less than 18 years of age or attending school or vocational training on a full-time basis; orCommentsClose CommentsPermalink
`(ii) is a person with disabilities who is 18 years of age or older and resides in the household,CommentsClose CommentsPermalink
$500 for each such member.CommentsClose CommentsPermalink
`(C) HEALTH AND MEDICAL EXPENSES- The amount, if any, by which 10 percent of annual family income is exceeded by the sum of--CommentsClose CommentsPermalink
`(i) in the case of any elderly or disabled family, any unreimbursed health and medical care expenses; andCommentsClose CommentsPermalink
`(ii) any unreimbursed reasonable attendant care and auxiliary apparatus expenses for each handicapped member of the family, to the extent necessary to enable any member of such family to be employed.CommentsClose CommentsPermalink
`(D) PERMISSIVE DEDUCTIONS- Such additional deductions as a public housing agency may, at its discretion, establish, except that the Secretary shall establish procedures to ensure that such deductions do not increase Federal expenditures.CommentsClose CommentsPermalink
The Secretary shall annually adjust the amounts of the exclusions under subparagraphs (A) and (B), as such amounts may have been previously adjusted, by applying an inflationary factor as the Secretary shall, by regulation, establish. If the dollar amount of any such exclusion determined for any year by applying such inflationary factor is not a multiple of $25, the Secretary shall round such amount to the next lowest multiple of $25.'.CommentsClose CommentsPermalink
(c) Housing Choice Voucher Program- Paragraph (5) of section 8(o) of the United States Housing Act of 1937 (
(1) in the paragraph heading, by striking `ANNUAL REVIEW' and inserting `REVIEWS';CommentsClose CommentsPermalink
(2) in subparagraph (A)--CommentsClose CommentsPermalink
(A) by striking `the provisions of' and inserting `paragraphs (7) and (8) of section 3(a) and to'; andCommentsClose CommentsPermalink
(B) by striking `and shall be conducted upon the initial provision of housing assistance for the family and thereafter not less than annually'; andCommentsClose CommentsPermalink
(3) in subparagraph (B), by striking the second sentence.CommentsClose CommentsPermalink
(d) Enhanced Voucher Program- Section 8(t)(1)(D) of the United States Housing Act of 1937 (
(e) Project-Based Housing- Paragraph (3) of section 8(c) of the United States Housing Act of 1937 (
(f) Impact on Public Housing Revenues-CommentsClose CommentsPermalink
(1) INTERACTION WITH ASSET MANAGEMENT RULE- If the Secretary of Housing and Urban Development determines that the application of the amendments made by this section results in a reduction in the rental income of a public housing agency that is not de minimus during the period that the operating formula income is frozen at a level that does not fully reflect the changes made by such amendments, the Secretary shall make appropriate adjustments in the formula income of the agency.CommentsClose CommentsPermalink
(2) HUD REPORTS ON PUBLIC HOUSING REVENUE IMPACT- For each of fiscal years 2008 and 2009, the Secretary of Housing and Urban Development shall submit a report to Congress identifying and calculating the impact of changes made by the amendments made by this section on the revenues and costs of operating public housing units.CommentsClose CommentsPermalink
(g) Effective Date and Transition- The amendments made by this section shall apply with respect to fiscal year 2008 and fiscal years thereafter.CommentsClose CommentsPermalink
SEC. 4. ELIGIBILITY FOR ASSISTANCE BASED ON ASSETS AND INCOME.
(a) Assets- Section 16 of the United States Housing Act of 1937 (
`(e) Eligibility for Assistance Based on Assets-CommentsClose CommentsPermalink
`(1) LIMITATION ON ASSETS- Subject to paragraph (3) and notwithstanding any other provision of this Act, a dwelling unit assisted under this Act may not be rented and assistance under this Act may not be provided, either initially or at each recertification of family income, to any family--CommentsClose CommentsPermalink
`(A) whose net family assets exceed $100,000, as such amount is adjusted annually by applying an inflationary factor as the Secretary considers appropriate; orCommentsClose CommentsPermalink
`(B) who has a present ownership interest in, and a legal right to reside in, real property that is suitable for occupancy as a residence, except that the prohibition under this subparagraph shall not apply to--CommentsClose CommentsPermalink
`(i) any property for which the family is receiving assistance under this Act;CommentsClose CommentsPermalink
`(ii) any person that is a victim of domestic violence; orCommentsClose CommentsPermalink
`(iii) any family that is making a good faith effort to sell such property.CommentsClose CommentsPermalink
`(2) NET FAMILY ASSETS-CommentsClose CommentsPermalink
`(A) IN GENERAL- For purposes of this subsection, the term `net family assets' means, for all members of the household, the net cash value of all assets after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment. Such term does not include interests in Indian trust land, equity accounts in homeownership programs of the Department of Housing and Urban Development, or Family Self Sufficiency accounts.CommentsClose CommentsPermalink
`(B) EXCLUSIONS- Such term does not include--CommentsClose CommentsPermalink
`(i) the value of personal property, except for items of personal property of significant value, as the public housing agency may determine;CommentsClose CommentsPermalink
`(ii) the value of any retirement account;CommentsClose CommentsPermalink
`(iii) any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a member of the family and arising out of law, that resulted in a member of the family being disabled (under the meaning given such term in section 1614 of the Social Security Act (
`(iv) the value of any Coverdell education savings account under section 530 of the Internal Revenue Code of 1986 or any qualified tuition program under section 529 of such Code.CommentsClose CommentsPermalink
`(C) TRUST FUNDS- In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund shall not be considered an asset of a family if the fund continues to be held in trust. Any income distributed from the trust fund shall be considered income for purposes of section 3(b) and any calculations of annual family income, except in the case of medical expenses for a minor.CommentsClose CommentsPermalink
`(D) SELF-CERTIFICATION- A public housing agency or owner may determine the net assets of a family, for purposes of this section, based on the amounts reported by the family at the time the agency or owner reviews the family's income.CommentsClose CommentsPermalink
`(3) COMPLIANCE FOR PUBLIC HOUSING DWELLING UNITS- When recertifying family income with respect to families residing in public housing dwelling units, a public housing agency may, in the discretion of the agency and only pursuant to a policy that is set forth in the public housing agency plan under section 5A for the agency, choose not to enforce the limitation under paragraph (1).CommentsClose CommentsPermalink
`(4) AUTHORITY TO DELAY EVICTIONS- In the case of a family residing in a dwelling unit assisted under this Act who does not comply with the limitation under paragraph (1), the public housing agency or project owner may delay eviction or termination of the family based on such noncompliance for a period of not more than 6 months.'.CommentsClose CommentsPermalink
(b) Income- The United States Housing Act of 1937 is amended--CommentsClose CommentsPermalink
(1) in section 3(a)(1) (
(2) in section 8(o)(4) (
`(4) ELIGIBLE FAMILIES- Assistance under this subsection may be provided, whether initially or at each recertification, only pursuant to subsection (t) to a family eligible for assistance under such subsection or to a family who at the time of such initial or continued assistance, respectively, is a low-income family that is--'; andCommentsClose CommentsPermalink
(3) in section 8(c)(4) (
SEC. 5. TARGETING ASSISTANCE TO LOW-INCOME WORKING FAMILIES.
(a) Vouchers- Section 16(b)(1) of the United States Housing Act of 1937 (
(1) by inserting after `do not exceed' the following: `the higher of (A) the poverty line (as such term is defined in section 673 of the Omnibus Budget Reconciliation Act of 1981 (
(2) by inserting before the period at the end the following: `; and except that clause (A) of this sentence shall not apply in the case of families residing in Puerto Rico or any other territory or possession of the United States'.CommentsClose CommentsPermalink
(b) Public Housing- Section 16(a)(2)(A) of the United States Housing Act of 1937 (
(1) by inserting after `do not exceed' the following: `the higher of (i) the poverty line (as such term is defined in section 673 of the Omnibus Budget Reconciliation Act of 1981 (
(2) by inserting before the period at the end the following: `; and except that clause (i) of this sentence shall not apply in the case of families residing in Puerto Rico or any other territory or possession of the United States'.CommentsClose CommentsPermalink
(c) Project-Based Section 8 Assistance- Section 16(c)(3) of the United States Housing Act of 1937 (
(1) by inserting after `do not exceed' the following: `the higher of (A) the poverty line (as such term is defined in section 673 of the Omnibus Budget Reconciliation Act of 1981 (
(2) by inserting before the period at the end the following: `; and except that clause (A) of this sentence shall not apply in the case of families residing in Puerto Rico or any other territory or possession of the United States'.CommentsClose CommentsPermalink
SEC. 6. VOUCHER RENEWAL FUNDING.
(a) In General- Section 8 of the United States Housing Act of 1937 (
`(dd) Tenant-Based Vouchers-CommentsClose CommentsPermalink
`(1) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated, for each of fiscal years 2008 through 2012, such sums as may be necessary for tenant-based assistance under subsection (o) for the following purposes:CommentsClose CommentsPermalink
`(A) To renew all expiring annual contributions contracts for tenant-based rental assistance.CommentsClose CommentsPermalink
`(B) To provide tenant-based rental assistance for--CommentsClose CommentsPermalink
`(i) relocation and replacement of housing units that are demolished or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (
`(ii) conversion of section 23 projects to assistance under this section;CommentsClose CommentsPermalink
`(iii) the family unification program under subsection (x) of this section;CommentsClose CommentsPermalink
`(iv) relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency;CommentsClose CommentsPermalink
`(v) enhanced vouchers authorized under subsection (t) of this section;CommentsClose CommentsPermalink
`(vi) vouchers in connection with the HOPE VI program under section 24;CommentsClose CommentsPermalink
`(vii) demolition or disposition of public housing units pursuant to section 18 of the United States Housing Act of 1937 (
`(viii) mandatory and voluntary conversions of public housing to vouchers, pursuant to sections 33 and 22 of the United States Housing Act of 1937, respectively (
`(ix) vouchers necessary to comply with a consent decree or court order;CommentsClose CommentsPermalink
`(x) vouchers to replace dwelling units that cease to receive project-based assistance under subsection (b), (c), (d), (e), or (v) of this section;CommentsClose CommentsPermalink
`(xi) relocation and replacement of public housing units that are demolished or disposed of pursuant to eminent domain, pursuant to a homeownership program, or in connection with a mixed finance development method under section 35 or otherwise;CommentsClose CommentsPermalink
`(xii) tenant protection assistance, including replacement and relocation assistance; andCommentsClose CommentsPermalink
`(xiii) emergency voucher assistance for the protection of victims of domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink
Subject only to the availability of sufficient amounts provided in appropriation Acts, the Secretary shall provide tenant-based rental assistance to replace all dwelling units that cease to be available as assisted housing as a result of clause (i), (ii), (v), (vi), (vii), (viii), (x), or (xi).CommentsClose CommentsPermalink
`(2) ALLOCATION OF RENEWAL FUNDING AMONG PUBLIC HOUSING AGENCIES-CommentsClose CommentsPermalink
`(A) From amounts appropriated for each year pursuant to paragraph (1)(A), the Secretary shall provide renewal funding for each public housing agency--CommentsClose CommentsPermalink
`(i) based on leasing and cost data from the preceding calendar year, as adjusted by an annual adjustment factor to be established by the Secretary, which shall be established using the smallest geographical areas for which data on changes in rental costs are annually available;CommentsClose CommentsPermalink
`(ii) by making any adjustments necessary to provide for the first-time renewal of vouchers funded under paragraph (1)(B) and of any incremental vouchers funded in previous years;CommentsClose CommentsPermalink
`(iii) by making any adjustments necessary for full year funding of vouchers ported in the prior calendar year under subsection (r)(2); andCommentsClose CommentsPermalink
`(iv) by making such other adjustments as the Secretary considers appropriate, including adjustments necessary to address changes in voucher utilization rates and voucher costs related to natural and other major disasters.CommentsClose CommentsPermalink
`(B) LEASING AND COST DATA- For purposes of subparagraph (A)(i), leasing and cost data shall be calculated annually by using the average for the preceding calendar year. Such leasing and cost data shall be adjusted to include vouchers that were set aside under a commitment to provide project-based assistance under subsection (o)(13) and to exclude amounts funded through advances under paragraph (3). Such leasing and cost data shall not include funds not appropriated for tenant-based assistance under section 8(o), unless the agency's funding was prorated in the prior year and the agency used other funds to maintain vouchers in use.CommentsClose CommentsPermalink
`(C) OVERLEASING- For the purpose of determining allocations under subsection (A)(i), the leasing rate calculated for the prior calendar year may exceed an agency's authorized voucher level, except that such calculation in 2009 shall not include amounts resulting from a leasing rate in excess of 103 percent of an agency's authorized vouchers in 2008 which results from the use of accumulated amounts, as referred to in paragraph (4)(A).CommentsClose CommentsPermalink
`(D) MOVING TO WORK; HOUSING INNOVATION PROGRAM- Notwithstanding subparagraphs (A) and (B), each public housing agency participating at any time in the moving to work demonstration under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (
`(E) PRO RATA ALLOCATION-CommentsClose CommentsPermalink
`(i) INSUFFICIENT FUNDS- To the extent that amounts made available for a fiscal year are not sufficient to provide each public housing agency with the full allocation for the agency determined pursuant to subparagraphs (A) and (D), the Secretary shall reduce such allocation for each agency on a pro rata basis, except that renewal funding of enhanced vouchers under section 8(t) shall not be subject to such proration.CommentsClose CommentsPermalink
`(ii) EXCESS FUNDS- To the extent that amounts made available for a fiscal year exceed the amount necessary to provide each housing agency with the full allocation for the agency determined pursuant to subparagraphs (A) and (D), such excess amounts shall be used for the purposes specified in subparagraphs (B) and (C) of paragraph (4).CommentsClose CommentsPermalink
`(F) PROMPT FUNDING ALLOCATION- The Secretary shall allocate all funds under this subsection for each year before the latter of (i) February 15, or (ii) the expiration of the 45-day period beginning upon the enactment of the appropriations Act funding such renewals.CommentsClose CommentsPermalink
`(3) ADVANCES-CommentsClose CommentsPermalink
`(A) AUTHORITY- During the last 3 months of each calendar year, the Secretary shall provide amounts to any public housing agency, at the request of the agency, in an amount up to two percent of the allocation for the agency for such calendar year, subject to subparagraph (C).CommentsClose CommentsPermalink
`(B) USE- Amounts advanced under subparagraph (A) may be used to pay for additional voucher costs, including costs related to temporary overleasing.CommentsClose CommentsPermalink
`(C) USE OF PRIOR YEAR AMOUNTS- During the last 3 months of a calendar year, if amounts previously provided to a public housing agency for tenant-based assistance for such year or for previous years remain unobligated and available to the agency--CommentsClose CommentsPermalink
`(i) the agency shall exhaust such amounts to cover any additional voucher costs under subparagraph (B) before amounts advanced under subparagraph (A) may be so used; andCommentsClose CommentsPermalink
`(ii) the amount that may be advanced under subparagraph (A) to the agency shall be reduced by an amount equal to the total of such previously provided and unobligated amounts.CommentsClose CommentsPermalink
`(D) REPAYMENT- Amounts advanced under subparagraph (A) in a calendar year shall be repaid to the Secretary in the subsequent calendar year by reducing the amounts made available for such agency for such subsequent calendar year pursuant to allocation under paragraph (2) by an amount equal to the amount so advanced to the agency.CommentsClose CommentsPermalink
`(4) RECAPTURE-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall recapture, from amounts provided under the annual contributions contract for a public housing agency for a calendar year, all accumulated amounts allocated under paragraph (2) and from previous years that are unused by the agency at the end of each calendar year except--CommentsClose CommentsPermalink
`(i) with respect to the recapture under this subparagraph at the end of 2007, an amount equal to 12.5 percent of the amount allocated to the public housing agency for such year pursuant to paragraph (2)(A); andCommentsClose CommentsPermalink
`(ii) with respect to the recapture under this subparagraph at the end of each of 2008, 2009, 2010, and 2011, an amount equal to 5 percent of such amount allocated to the agency for such year. Notwithstanding any other provision of law, each public housing agency may retain all amounts not authorized to be recaptured under this subparagraph, and may use such amounts for all authorized purposes.CommentsClose CommentsPermalink
`(B) REALLOCATION- Not later than May 1 of each calendar year, the Secretary shall--CommentsClose CommentsPermalink
`(i) calculate the aggregate unused amounts for the preceding year recaptured pursuant to subparagraph (A);CommentsClose CommentsPermalink
`(ii) set aside and make available such amounts as the Secretary considers appropriate to reimburse public housing agencies for increased costs related to portability and family self-sufficiency activities during such year; andCommentsClose CommentsPermalink
`(iii) reallocate all remaining amounts among public housing agencies, with priority given based on the extent to which an agency has utilized the amount allocated under paragraph (2) for the agency to serve eligible families.CommentsClose CommentsPermalink
`(C) USE- Amounts reallocated to a public housing agency pursuant to subparagraph (B)(iii) may be used only to increase voucher leasing rates as provided under paragraph (2)(C).'.CommentsClose CommentsPermalink
(b) Absorption of Vouchers From Other Agencies- Section 8(r)(2) of the United States Housing Act of 1937 (
(c) Vouchers for Persons With Disabilities- The Secretary of Housing and Urban Development shall develop and issue, to public housing agencies that received voucher assistance under section 8(o) for non-elderly disabled families pursuant to appropriations Acts for fiscal years 1997 through 2002, guidance to ensure that, to the maximum extent practicable, such vouchers continue to be provided upon turnover to qualified non-elderly disabled families.CommentsClose CommentsPermalink
SEC. 7. ADMINISTRATIVE FEES.
(a) In General- Section 8(q) of the United States Housing Act of 1937 (
(1) in paragraph (1), by striking subparagraphs (B) and (C) and inserting the following new subparagraphs:CommentsClose CommentsPermalink
`(B) CALCULATION- The fee under this subsection shall--CommentsClose CommentsPermalink
`(i) be payable to each public housing agency for each month for which a dwelling unit is covered by an assistance contract;CommentsClose CommentsPermalink
`(ii) be based on the per-unit fee payable to the agency in fiscal year 2003, updated for each subsequent year as specified in subsection (iv);CommentsClose CommentsPermalink
`(iii) include an amount for the cost of issuing voucher to new participants;CommentsClose CommentsPermalink
`(iv) be updated each year using an index of changes in wage data or other objectively measurable data that reflect the costs of administering the program for such assistance, as determined by the Secretary; andCommentsClose CommentsPermalink
`(v) include an amount for the cost of family self-sufficiency coordinators, as provided in section 23(h)(1).CommentsClose CommentsPermalink
`(C) PUBLICATION- The Secretary shall cause to be published in the Federal Register the fee rate for each geographic area.'; andCommentsClose CommentsPermalink
(2) in paragraph (4), by striking `1999' and inserting `2007'.CommentsClose CommentsPermalink
(b) Administrative Fees for Family Self-Sufficiency Program Costs- Subsection (h) of section 23 of the United States Housing Act of 1937 (
`(1) SECTION 8 FEES-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall establish a fee under section 8(q) for the costs incurred in administering the self-sufficiency program under this section to assist families receiving voucher assistance through section 8(o).CommentsClose CommentsPermalink
`(B) ELIGIBILITY FOR FEE- The fee shall provide funding for family self-sufficiency coordinators as follows:CommentsClose CommentsPermalink
`(i) BASE FEE- A public housing agency serving 25 or more participants in the family self-sufficiency program under this section shall receive a fee equal to the costs of employing one full-time family self-sufficiency coordinator. An agency serving fewer than 25 such participants shall receive a prorated fee.CommentsClose CommentsPermalink
`(ii) ADDITIONAL FEE- An agency that meets minimum performance standards shall receive an additional fee sufficient to cover the costs of employing a second family self-sufficiency coordinator if the agency has 75 or more participating families, and a third such coordinator if it has 125 or more participating families.CommentsClose CommentsPermalink
`(iii) PREVIOUSLY FUNDED AGENCIES- An agency that received funding from the Department of Housing and Urban Development for more than three such coordinators in any of fiscal years 1998 through 2007 shall receive funding for the highest number of coordinators funded in a single fiscal year during that period, provided they meet applicable size and performance standards.CommentsClose CommentsPermalink
`(iv) INITIAL YEAR- For the first year in which a public housing agency exercises its right to develop an family self-sufficiency program for its residents, it shall be entitled to funding to cover the costs of up to one family self-sufficiency coordinator, based on the size specified in its action plan for such program.CommentsClose CommentsPermalink
`(v) STATE AND REGIONAL AGENCIES- For purposes of calculating the family self-sufficiency portion of the administrative fee under this subparagraph, each administratively distinct part of a State or regional public housing agency shall be treated as a separate agency.CommentsClose CommentsPermalink
`(vi) DETERMINATION OF NUMBER OF COORDINATORS- In determining whether a public housing agency meets a specific threshold for funding pursuant to this paragraph, the number of participants being served by the agency in its family self-sufficiency program shall be considered to be the average number of families enrolled in such agency's program during the course of the most recent fiscal year for which the Department of Housing and Urban Development has data.CommentsClose CommentsPermalink
`(C) PRORATION- If insufficient funds are available in any fiscal year to fund all of the coordinators authorized under this section, the first priority shall be given to funding one coordinator at each agency with an existing family self-sufficiency program. The remaining funds shall be prorated based on the number of remaining coordinators to which each agency is entitled under this subparagraph.CommentsClose CommentsPermalink
`(D) RECAPTURE- Any fees allocated under this subparagraph by the Secretary in a fiscal year that have not been spent by the end of the subsequent fiscal year shall be recaptured by the Secretary and shall be available for providing additional fees pursuant to subparagraph (B)(ii).CommentsClose CommentsPermalink
`(E) PERFORMANCE STANDARDS- Within six months after the date of the enactment of this paragraph, the Secretary shall publish a proposed rule specifying the performance standards applicable to funding under clauses (ii) and (iii) of subparagraph (B). Such standards shall include requirements applicable to the leveraging of in-kind services and other resources to support the goals of the family self-sufficiency program.CommentsClose CommentsPermalink
`(F) DATA COLLECTION- Public housing agencies receiving funding under this paragraph shall collect and report to the Secretary, in such manner as the Secretary shall require, information on the performance of their family self-sufficiency programs.CommentsClose CommentsPermalink
`(G) EVALUATION- The Secretary shall conduct a formal and scientific evaluation of the effectiveness of well-run family self-sufficiency programs, using random assignment of participants to the extent practicable. Not later than the expiration of the 4-year period beginning upon the enactment of this paragraph, the Secretary shall submit an interim evaluation report to the Congress. Not later than the expiration of the 8-year period beginning upon such enactment, the Secretary shall submit a final evaluation report to the Congress. There is authorized to be appropriated $10,000,000 to carry out the evaluation under this subparagraph.CommentsClose CommentsPermalink
`(H) INCENTIVES FOR INNOVATION AND HIGH PERFORMANCE- The Secretary may reserve up to 10 percent of the amounts made available for administrative fees under this paragraph to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving the goals of the program.'.CommentsClose CommentsPermalink
(c) Repeal- Section 202 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (
SEC. 8. HOMEOWNERSHIP.
(a) Section 8 Homeownership Downpayment Program- Section 8(y)(7) of the United States Housing Act of 1937 (
`(A) IN GENERAL- Subject to the provisions of this paragraph, in the case of a family on whose behalf rental assistance under section 8(o) has been provided for a period of not less than 12 months prior to the date of receipt of downpayment assistance under this paragraph, a public housing agency may, in lieu of providing monthly assistance payments under this subsection on behalf of a family eligible for such assistance and at the discretion of the agency, provide a downpayment assistance grant in accordance with subparagraph (B).CommentsClose CommentsPermalink
`(B) GRANT REQUIREMENTS- A downpayment assistance grant under this paragraph--CommentsClose CommentsPermalink
`(i) shall be used by the family only as a contribution toward the downpayment and reasonable and customary closing costs required in connection with the purchase of a home;CommentsClose CommentsPermalink
`(ii) shall be in the form of a single one-time grant; andCommentsClose CommentsPermalink
`(iii) may not exceed $10,000.CommentsClose CommentsPermalink
`(C) NO EFFECT ON OBTAINING OUTSIDE SOURCES FOR DOWNPAYMENT ASSISTANCE- This Act may not be construed to prohibit a public housing agency from providing downpayment assistance to families from sources other than a grant provided under this Act, or as determined by the public housing agency.'.CommentsClose CommentsPermalink
(b) Use of Vouchers for Manufactured Housing- Section 8(o)(12) of the United States Housing Act of 1937 (
(1) in subparagraph (A), by striking the period at the end of the first sentence and all that follows through `of' in the second sentence and inserting `and rents'; andCommentsClose CommentsPermalink
(2) in subparagraph (B)--CommentsClose CommentsPermalink
(A) in clause (i), by striking `the rent' and all that follows and inserting the following: `rent shall mean the sum of the monthly payments made by a family assisted under this paragraph to amortize the cost of purchasing the manufactured home, including any required insurance and property taxes, the monthly amount allowed for tenant-paid utilities, and the monthly rent charged for the real property on which the manufactured home is located, including monthly management and maintenance charges.';CommentsClose CommentsPermalink
(B) by striking clause (ii); andCommentsClose CommentsPermalink
(C) in clause (iii)--CommentsClose CommentsPermalink
(i) by inserting after the period at the end the following: `If the amount of the monthly assistance payment for a family exceeds the monthly rent charged for the real property on which the manufactured home is located, including monthly management and maintenance charges, a public housing agency may pay the remainder to the family, lender or utility company, or may choose to make a single payment to the family for the entire monthly assistance amount.'; andCommentsClose CommentsPermalink
(ii) by redesignating such clause as clause (ii).CommentsClose CommentsPermalink
SEC. 9. PHA REPORTING OF RENT PAYMENTS TO CREDIT REPORTING AGENCIES.
(a) In General- Section 3 of the United States Housing Act of 1937 (
`(e) PHA Reporting of Rent Payments to Credit Reporting Agencies-CommentsClose CommentsPermalink
`(1) AUTHORITY- To the extent that a family receiving tenant-based housing choice vouchers under section 8 by a public housing agency agrees in writing to reporting under this subsection, the public housing agency may submit to consumer reporting agencies described in section 603(p) of the Fair Credit Reporting Act (
`(2) FORMAT- The Secretary, after consultation with consumer reporting agencies referred in paragraph (1), shall establish a system and format to be used by public housing agencies for reporting of information under such paragraph that provides such information in a format and manner that is similar to other credit information submitted to such consumer reporting agencies and is usable by such agencies.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 10. PERFORMANCE ASSESSMENTS.
Section 8(o) of the United States Housing Act of 1937 (
`(21) PERFORMANCE ASSESSMENTS-CommentsClose CommentsPermalink
`(A) ESTABLISHMENT- The Secretary shall, by regulation, establish standards and procedures for assessing the performance of public housing agencies in carrying out the programs for tenant-based rental assistance under this subsection and for homeownership assistance under subsection (y).CommentsClose CommentsPermalink
`(B) CONTENTS- The standards and procedures under this paragraph shall provide for assessment of the performance of public housing agencies in the following areas:CommentsClose CommentsPermalink
`(i) Quality of dwelling units obtained using such assistance.CommentsClose CommentsPermalink
`(ii) Extent of utilization of assistance amounts provided to the agency and of authorized vouchers.CommentsClose CommentsPermalink
`(iii) Timeliness and accuracy of reporting by the agency to the Secretary.CommentsClose CommentsPermalink
`(iv) Effectiveness in carrying out policies to achieve deconcentration of poverty.CommentsClose CommentsPermalink
`(v) Reasonableness of rent burdens, consistent with public housing agency responsibilities under section 8(o)(1)(E)(iii).CommentsClose CommentsPermalink
`(vi) Accurate rent calculations and subsidy payments.CommentsClose CommentsPermalink
`(vii) Effectiveness in carrying out family self-sufficiency activities.CommentsClose CommentsPermalink
`(viii) Timeliness of actions related to landlord participation.CommentsClose CommentsPermalink
`(ix) Such other areas as the Secretary considers appropriate.CommentsClose CommentsPermalink
`(C) PERIODIC ASSESSMENT- Using the standards and procedures established under this paragraph, the Secretary shall conduct an assessment of the performance of each public housing agency carrying out a program referred to in subparagraph (A) and shall submit a report to the Congress regarding the results of each such assessment.'.CommentsClose CommentsPermalink
SEC. 11. PHA PROJECT-BASED ASSISTANCE.
Section 8(o)(13) of the United States Housing Act of 1937 (
(1) by striking subparagraph (B) and inserting the following new subparagraph:CommentsClose CommentsPermalink
`(B) PERCENTAGE LIMITATION-CommentsClose CommentsPermalink
`(i) IN GENERAL- Subject to clause (ii), not more than 25 percent of the funding available for tenant-based assistance under this section that is administered by the agency may be attached to structures pursuant to this paragraph.CommentsClose CommentsPermalink
`(ii) EXCEPTION- An agency may attach up to an additional 5 percent of the funding available for tenant-based assistance under this section to structures pursuant to this paragraph for dwelling units that house individuals and families that meet the definition of homeless under section 103 of the McKinney-Vento Homeless Assistance Act (
(2) by striking subparagraph (D) and inserting the following new subparagraph:CommentsClose CommentsPermalink
`(D) INCOME MIXING REQUIREMENT-CommentsClose CommentsPermalink
`(i) IN GENERAL- Except as provided in clause (ii), not more than the greater of 25 dwelling units or 25 percent of the dwelling units in any project may be assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph. For purposes of this subparagraph, the term `project' means a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land.CommentsClose CommentsPermalink
`(ii) EXCEPTIONS-CommentsClose CommentsPermalink
`(I) CERTAIN HOUSING- The limitation under clause (i) shall not apply in the case of assistance under a contract for housing consisting of single family properties, or for dwelling units that are specifically made available for households comprised of elderly families, disabled families, and families receiving supportive services. For purposes of the preceding sentence, the term `single family properties' means buildings with no more than four dwelling units.CommentsClose CommentsPermalink
`(II) CERTAIN AREAS- With respect to areas in which fewer than 75 percent of families issued vouchers become participants in the program, the public housing agency has established the payment standard at 110 percent of the fair market rent for all census tracts in the area for the previous six months, and the public housing agency grants an automatic extension of 90 days (or longer) to families with vouchers who are attempting to find housing, clause (i) shall be applied by substituting `50 percent' for `25 percent'.';CommentsClose CommentsPermalink
(3) in the first sentence of subparagraph (F), by striking `10 years' and inserting `15 years';CommentsClose CommentsPermalink
(4) in subparagraph (G)--CommentsClose CommentsPermalink
(A) by inserting after the period at the end of the first sentence the following: `Such contract may, at the election of the public housing agency and the owner of the structure, specify that such contract shall be extended for renewal terms of up to 15 years each, if the agency makes the determination required by this subparagraph and the owner is in compliance with the terms of the contract.'; andCommentsClose CommentsPermalink
(B) by adding at the end the following: `A public housing agency may agree to enter into such a contract at the time it enters into the initial agreement for a housing assistance payment contract or at any time thereafter that is before the expiration of the housing assistance payment contract.';CommentsClose CommentsPermalink
(5) in subparagraph (H), by inserting before the period at the end of the first sentence the following: `, except that in the case of a contract unit that has been allocated low-income housing tax credits and for which the rent limitation pursuant to such section 42 is less than the amount that would otherwise be permitted under this subparagraph, the rent for such unit may, in the sole discretion of a public housing agency, be established at the higher section 8 rent, subject only to paragraph (10)(A)';CommentsClose CommentsPermalink
(6) in subparagraph (I)(i), by inserting before the semicolon the following: `, except that the contract may provide that the maximum rent permitted for a dwelling unit shall not be less than the initial rent for the dwelling unit under the initial housing assistance payments contract covering the unit';CommentsClose CommentsPermalink
(7) in subparagraph (J)--CommentsClose CommentsPermalink
(A) by striking the fifth and sixth sentences and inserting the following: `A public housing agency may establish and utilize procedures for maintaining site-based waiting lists under which applicants may apply directly at, or otherwise designate to the public housing agency, the project or projects in which they seek to reside, except that all applicants on the waiting list of an agency for assistance under this subsection shall be permitted to place their names on such separate list. All such procedures shall comply with title VI of the Civil Rights Act of 1964, the Fair Housing Act, and other applicable civil rights laws. The owner or manager of a structure assisted under this paragraph shall not admit any family to a dwelling unit assisted under a contract pursuant to this paragraph other than a family referred by the public housing agency from its waiting list, or a family on a site-based waiting list that complies with the requirements of this subparagraph. A public housing agency shall fully disclose to each applicant each option in the selection of a project in which to reside that is available to the applicant.'; andCommentsClose CommentsPermalink
(B) by inserting after the third sentence the following new sentence: `Any family who resides in a dwelling unit proposed to be assisted under this paragraph, or in a unit to be replaced by a proposed unit to be assisted under this paragraph shall be given an absolute preference for selection for placement in the proposed unit, if the family is otherwise eligible for assistance under this subsection.'; andCommentsClose CommentsPermalink
(8) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
`(L) USE IN COOPERATIVE HOUSING AND ELEVATOR BUILDINGS- A public housing agency may enter into a housing assistance payments contract under this paragraph with respect to--CommentsClose CommentsPermalink
`(i) dwelling units in cooperative housing;CommentsClose CommentsPermalink
`(ii) notwithstanding subsection (c), dwelling units in a high-rise elevator project, including such a project that is occupied by families with children, without review and approval of the contract by the Secretary.CommentsClose CommentsPermalink
`(M) REVIEWS-CommentsClose CommentsPermalink
`(i) SUBSIDY LAYERING- A subsidy layering review in accordance with section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (
`(ii) ENVIRONMENTAL REVIEW- A public housing agency shall not be required to undertake any environmental review before entering into a housing assistance payments contract under this paragraph for an existing structure, except to the extent such a review is otherwise required by law or regulation.CommentsClose CommentsPermalink
`(N) ADMINISTRATIVE FEE- The administrative fee applicable to the administration of assistance under this paragraph shall be determined in the same manner as administrative fees applicable to other assistance administered under other provisions of this subsection.CommentsClose CommentsPermalink
`(O) LEASES AND TENANCY- Assistance provided under this paragraph shall be subject to the provisions of paragraph (7), except that subparagraph (A) of such paragraph shall not apply.'.CommentsClose CommentsPermalink
SEC. 12. RENT BURDENS.
(a) Reviews- Section 8(o)(1) of the United States Housing Act of 1937 (
`(E) REVIEWS-CommentsClose CommentsPermalink
`(i) RENT BURDENS- The Secretary shall monitor rent burdens and submit a report to the Congress annually on the percentage of families assisted under this subsection, occupying dwelling units of any size, that pay more than 30 percent of their adjusted incomes for rent and such percentage that pay more than 40 percent of their adjusted incomes for rent. Using information regularly reported by public housing agencies, the Secretary shall provide public housing agencies, on an annual basis, a report with the information described in the first sentence of this clause, and may require a public housing agency to modify a payment standard that results in a significant percentage of families assisted under this subsection, occupying dwelling units of any size, paying more than 30 percent of their adjusted incomes for rent.CommentsClose CommentsPermalink
`(ii) CONCENTRATION OF POVERTY- The Secretary shall submit a report to the Congress annually on the degree to which families assisted under this subsection in each metropolitan area are clustered in lower rent, higher poverty areas and how, and the extent to which, greater geographic distribution of such assisted families could be achieved, including by increasing payment standards for particular communities within such metropolitan areas.CommentsClose CommentsPermalink
`(iii) PUBLIC HOUSING AGENCY RESPONSIBILITIES- Each public housing agency shall make publicly available the information on rent burdens provided by the Secretary pursuant to clause (i), and, for agencies located in metropolitan areas, the information on concentration provided by the Secretary pursuant to clause (ii). If the percentage of families paying more than 30 percent or 40 percent of income exceeds the national average for either of such categories, as reported pursuant to clause (i), the public housing agency shall adjust the payment standard to eliminate excessive rent burdens within a reasonable time period or explain its reasons for not making such adjustment. The Secretary may not deny the request of a public housing agency to set a payment standard up to 120 percent of the fair market rent to remedy rent burdens in excess of the national average or undue concentration of families assisted under this subsection in lower rent, higher poverty sections of a metropolitan area except on the basis that an agency has not demonstrated that its request meets these criteria. If a request of a public housing agency has not been denied or approved with 45 days after the request is made, the request shall be considered to have been approved.'.CommentsClose CommentsPermalink
(b) Public Housing Agency Plan- Section 5A(d)(4) of the United States Housing Act of 1937 (
(c) Rent Burdens for Persons With Disabilities- Subparagraph (D) of section 8(o)(1) is amended by inserting before the period at the end the following: `, except that a public housing agency may establish a payment standard of not more than 120 percent of the fair market rent where necessary as a reasonable accommodation for a person with a disability, without approval of the Secretary. A public housing agency may seek approval of the Secretary to use a payment standard greater than 120 percent of the fair market rent as a reasonable accommodation for a person with a disability'.CommentsClose CommentsPermalink
SEC. 13. ESTABLISHMENT OF FAIR MARKET RENT.
(a) In General- Paragraph (1) of section 8(c) of the United States Housing Act of 1937 (
(1) by inserting `(A)' after the paragraph designation;CommentsClose CommentsPermalink
(2) by striking the seventh, eighth, and ninth sentences; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(B)(i) The Secretary shall endeavor to define market areas for purposes of this paragraph in a manner that results in fair market rentals that are adequate to cover typical rental costs of units suitable for occupancy by persons assisted under this section in as wide a range of communities as is feasible, including communities with low poverty rates.CommentsClose CommentsPermalink
`(ii) The Secretary at a minimum shall define a separate market area for each--CommentsClose CommentsPermalink
`(I) metropolitan city, as such term is defined in section 102(a) of the Housing and Community Development Act of 1974 (
`(II) urban county or portion of an urban county, as such term is defined in such section 102(a), located outside the boundaries of any metropolitan city specified in subclause (I).CommentsClose CommentsPermalink
`(iii) The Secretary shall, at the request of one or more public housing agencies, establish a separate market area for part or all of the area under the jurisdiction of such agencies, if--CommentsClose CommentsPermalink
`(I) the requested market area contains at least 20,000 rental dwelling units;CommentsClose CommentsPermalink
`(II) the areas contained in the requested market area are geographically contiguous and share similar housing market characteristics;CommentsClose CommentsPermalink
`(III) adequate data are available to establish a reliable fair market rental for the requested market area, and for the remainder of the market area in which it is currently located; andCommentsClose CommentsPermalink
`(IV) establishing the requested market area would raise or lower the fair market rental by 10 percent or more at the time the requested market area is established.CommentsClose CommentsPermalink
For purposes of subclause (III), data for an area shall be considered adequate if they are sufficient to establish from time to time a reliable benchmark fair market rental based primarily on data from that area, whether or not those data need to be supplemented with data from a larger area for purposes of annual updates.CommentsClose CommentsPermalink
`(iv) The Secretary shall not reduce the fair market rental in a market area as a result of a change in the percentile of the distribution of market rents used to establish the fair market rental.'.CommentsClose CommentsPermalink
(b) Payment Standard- Subparagraph (B) of section 8(o)(1) of the United States Housing Act of 1937 (
SEC. 14. SCREENING OF APPLICANTS.
Subparagraph (B) of section 8(o)(6) of the United States Housing Act of 1937 (1437f(o)(6)(B)) is amended by inserting after the period at the end of the second sentence the following: `A public housing agency's elective screening shall be limited to criteria that are directly related to an applicant's ability to fulfill the obligations of an assisted lease and shall consider mitigating circumstances related to such applicant. Any applicant or participant determined to be ineligible for admission or continued participation to the program shall be notified of the basis for such determination and provided, within a reasonable time after the determination, an opportunity for an informal hearing on such determination at which mitigating circumstances, including remedial conduct subsequent to the notice, shall be considered.'.CommentsClose CommentsPermalink
SEC. 15. ENHANCED VOUCHERS.
(a) Treatment of Unit and Family Size- Subparagraph (B) of section 8(t)(1) of the United States Housing Act of 1937 (
(b) Eligibility of Certain Projects- Notwithstanding any other provision of law--CommentsClose CommentsPermalink
(1) the property known as The Heritage Apartments (FHA No. 023-44804), in Malden, Massachusetts, shall be considered eligible low-income housing for purposes of the eligibility of residents of the property for enhanced voucher assistance under section 8(t) of the United States Housing Act of 1937 (
(2) such residents shall receive enhanced rental housing vouchers upon the prepayment of the mortgage loan for the property under section 236 of the National Housing Act (
(3) the Secretary shall approve such prepayment and subsequent transfer of the property without any further condition, except that the property shall be restricted for occupancy, until the original maturity date of the prepaid mortgage loan, only by families with incomes not exceeding 80 percent of the adjusted median income for the area in which the property is located, as published by the Secretary.CommentsClose CommentsPermalink
Amounts for the enhanced vouchers pursuant to this subsection shall be provided under amounts appropriated for tenant-based rental assistance otherwise authorized under section 8(t) of the United States Housing Act of 1937.CommentsClose CommentsPermalink
SEC. 16. HOUSING INNOVATION PROGRAM.
(a) Establishment of Program- Title I of the United States Housing Act of 1937 (
`SEC. 36. HOUSING INNOVATION PROGRAM.
`(a) Purpose- The purpose of the program under this section is to provide public housing agencies and the Secretary the flexibility to design and evaluate innovative approaches to providing housing assistance that--CommentsClose CommentsPermalink
`(1) increase housing opportunities for low-income families, including preventing homelessness, rehabilitate or replace housing at risk of physical deterioration or obsolescence, and develop additional affordable housing;CommentsClose CommentsPermalink
`(2) leverage other Federal, State, and local funding sources, including the low-income housing tax credit program, to expand and preserve affordable housing opportunities, including public housing;CommentsClose CommentsPermalink
`(3) provide financial incentives and other support mechanisms to families to obtain employment and increase earned income;CommentsClose CommentsPermalink
`(4) test alternative rent-setting policies to determine whether rent determinations can be simplified and administrative cost savings can be realized while protecting extremely low- and very low-income families from increased rent burdens;CommentsClose CommentsPermalink
`(5) are subject to rigorous evaluation to test the effectiveness of such innovative approaches; andCommentsClose CommentsPermalink
`(6) are developed with the support of the local community and with the substantial participation of affected residents.CommentsClose CommentsPermalink
`(b) Program Authority-CommentsClose CommentsPermalink
`(1) SCOPE- The Secretary shall carry out a housing innovation program under this section under which the Secretary may designate not more than 60 public housing agencies to participate, at any one time, in the housing innovation program, in accordance with subsections (c) and (d), except that, in addition to such 60 agencies, the Secretary may designate an additional 20 agencies to participate in the program under the terms of subsection (h).CommentsClose CommentsPermalink
`(2) DURATION- The Secretary may carry out the housing innovation program under this section only during the 10-year period beginning on the date of the enactment of the Section 8 Voucher Reform Act of 2007.CommentsClose CommentsPermalink
`(c) Participation of Existing MTW Agencies-CommentsClose CommentsPermalink
`(1) EXISTING MTW AGENCIES- Subject to the requirements of paragraph (2), all existing MTW agencies shall be designated to participate in the program.CommentsClose CommentsPermalink
`(2) CONDITIONS OF PARTICIPATION- The Secretary shall approve and transfer into the housing innovation program under this section each existing MTW agency that the Secretary determines is not in default under such agreement and which the Secretary also determines is meeting the goals and objectives of its moving to work plan. Each such agency shall, within two years after the date of the enactment of the Section 8 Voucher Reform Act of 2007, make changes to its policies that were implemented before such date of enactment in order to comply with the requirements of this section.CommentsClose CommentsPermalink
`(d) Additional Agencies-CommentsClose CommentsPermalink
`(1) PROPOSALS; SELECTION PROCESS- In addition to agencies participating in the program pursuant to subsection (c), the Secretary shall, within 18 months after such date of enactment, select public housing agencies to participate in the program pursuant to a competitive process that meets the following requirements:CommentsClose CommentsPermalink
`(A) Any public housing agency may be selected to participate in the program, except that not more than 5 agencies that are near-troubled under the public housing assessment system and/or section 8 management assessment program may be selected, and except that any agency that is a troubled agency under either such assessment program or for which the Secretary has hired an alternative management entity for such agency or has taken possession of all or any part of such agency's public housing program shall not be eligible for participation. Any near-troubled public housing agency participating in the program shall remain subject to the requirements of this Act governing tenant rent contributions, eligibility, and continued participation, and may not adopt policies described in subsection (e)(4) (relating to rents and requirements for continued occupation and participation).CommentsClose CommentsPermalink
`(B) The process provides, to the extent possible based on eligible agencies submitting applications and taking into account existing MTW agencies participating pursuant to subsection (c), for representation among agencies selected of agencies having various characteristics, including both large and small agencies, agencies serving urban, suburban, and rural areas, and agencies in various geographical regions throughout the United States, and which may include the selection of agencies that only administer the voucher program under section 8(o).CommentsClose CommentsPermalink
`(C) Any agency submitting a proposal under this paragraph shall have provided notice to residents and the local community, not later than 30 days before the first of the two public meetings required under subparagraph (D).CommentsClose CommentsPermalink
`(D) The agency submitting a proposal shall hold two public meetings to receive comments on the agency's proposed application, on the implications of changes under the proposal, and the possible impact on residents.CommentsClose CommentsPermalink
`(E) The process includes criteria for selection, as follows:CommentsClose CommentsPermalink
`(i) The extent to which the proposal generally identifies existing rules and regulations that impede achievement of the goals and objectives of the proposal and an explanation of why participation in the program is necessary to achieve such goals and objectives.CommentsClose CommentsPermalink
`(ii) The extent of commitment and funding for carrying out the proposal by local government agencies and nonprofit organizations, including the provision of additional funding and other services, and the extent of support for the proposal by residents, resident advisory boards, and members of the local community.CommentsClose CommentsPermalink
`(iii) The extent to which the agency has a successful history of implementing strategies similar to those set forth in the agency's proposal.CommentsClose CommentsPermalink
`(iv) Whether the proposal pursues a priority strategy as specified in paragraph (2). In the case of any proposal utilizing a such a priority strategy, the proposal shall be evaluated based upon--CommentsClose CommentsPermalink
`(I) the extent to which the proposal is likely to achieve the objectives of developing additional housing dwelling units affordable to extremely low-, very low-, and low-income families, and preserving, rehabilitating, or modernizing existing public housing dwelling units; orCommentsClose CommentsPermalink
`(II) the extent to which the proposal is likely to achieve the purposes of moving families toward economic self-sufficiency and increasing employment rates and wages of families without imposing a significant rent burden on the lowest income families, as well as such of the additional purposes as may be identified in the proposal, which may include expanding housing choices utilizing coordinators for the family self-sufficiency program under section 23, making more effective use of program funds, and improving program management.CommentsClose CommentsPermalink
`(v) Such other factors as the Secretary may provide, in consultation with participating agencies, program stakeholders, and any entity conducting evaluations pursuant to subsection (f).CommentsClose CommentsPermalink
`(2) PRIORITY STRATEGIES- For purposes of paragraph (1)(E)(iv), the following are priority strategies:CommentsClose CommentsPermalink
`(A) DEVELOPMENT, REHABILITATION, AND FINANCING- A strategy of development of additional affordable housing dwelling units and/or a strategy for preservation and physical rehabilitation and modernization of existing public housing dwelling units. Such strategies may include innovative financing proposals, leveraging of non-public housing funds (including the low-income housing tax credit program), and combining of funds for assistance under sections 8 and 9. Each such proposal shall include detailed information about the strategies expected to be employed, an explanation of why participation in the program is necessary to employ such strategies, and numerical goals regarding the number of dwelling units to be developed, preserved, or rehabilitated.CommentsClose CommentsPermalink
`(B) RENT REFORMS- A strategy to implement rent reforms, which shall be designed to help families increase their earned income through rent and other work incentives, and may also test the effectiveness of achieving administrative cost savings without increased rent burdens for extremely low- and very low-income families.CommentsClose CommentsPermalink
`(3) CONTRACT AMENDMENT- After selecting agencies under this subsection, the Secretary shall promptly amend the applicable annual contributions contracts of such agencies to provide that--CommentsClose CommentsPermalink
`(A) subject to subparagraph (B), such agencies may implement any policies and activities that are not inconsistent with this section without specifying such policies and activities in such amendment and without negotiating or entering into any other agreements with the Secretary specifying such policies and activities; andCommentsClose CommentsPermalink
`(B) the activities to be implemented by an agency under the program in a given year shall be described in and subject to the requirements of the annual plan under subsection (e)(8). Upon the enactment of this section, any agency which has participated in the Moving to Work demonstration may, at its option, be subject to the provisions of this paragraph in lieu of any other agreement required by the Secretary for participation in the program.CommentsClose CommentsPermalink
`(4) MAINTAINING PARTICIPATION RATE- If, at any time after the initial selection period under paragraph (1), the number of public housing agencies participating in the program under this section is fewer than 40, the Secretary shall promptly solicit applications from and select public housing agencies to participate in the program under the terms and conditions for application and selection provided in this section to increase the number of agencies participating in the program to 40.CommentsClose CommentsPermalink
`(e) Program Requirements-CommentsClose CommentsPermalink
`(1) PROGRAM FUNDS-CommentsClose CommentsPermalink
`(A) IN GENERAL- To carry out a housing innovation program under this section, the participating agency may use amounts provided to the agency from the Operating Fund under section 9(e), amounts provided to the agency from the Capital Fund under section 9(d), and amounts provided to the agency for voucher assistance under section 8(o). Such program funds may be used for any activities that are authorized by section 8(o) or 9, or for other activities that are not inconsistent with this section, which shall include, without limitation--CommentsClose CommentsPermalink
`(i) providing capital and operating assistance, and financing for housing previously developed or operated pursuant to a contract between the Secretary and such agency;CommentsClose CommentsPermalink
`(ii) the acquisition, new construction, rehabilitation, financing, and provision of capital or operating assistance for low-income housing (including housing other than public housing) and related facilities, which may be for terms exceeding the term of the program under this section in order to secure other financing for such housing;CommentsClose CommentsPermalink
`(iii) costs of site acquisition and improvement, providing utility services, demolition, planning, and administration of activities under this paragraph;CommentsClose CommentsPermalink
`(iv) housing counseling for low-income families in connection with rental or homeownership assistance provided under the program;CommentsClose CommentsPermalink
`(v) safety, security, law enforcement, and anticrime activities appropriate to protect and support families assisted under the program;CommentsClose CommentsPermalink
`(vi) tenant-based rental assistance, which may include the project-basing of such assistance; andCommentsClose CommentsPermalink
`(vii) appropriate and reasonable financial assistance that is required to preserve low-income housing otherwise assisted under programs administered by the Secretary or under State or local low-income housing programs.CommentsClose CommentsPermalink
`(B) COMBINING FUNDS- Notwithstanding any other provision of law, a participating agency may combine and use program funds for any activities authorized under this section, except that a participating agency may use funds provided for assistance under section 8(o) for activities other than those authorized under section 8(o) only if (i) in the calendar year prior to its participation in the program, the agency utilized not less than 95 percent of such funds allocated for that calendar year for such authorized activities or 95 percent of its authorized vouchers, including vouchers ported in to the agency and vouchers ported out; or (ii) after approval to participate in the program, the agency achieves such utilization for a 12-month period. This subparagraph shall not apply to participating agencies approved by the Secretary to combine funds from sections 8 and 9 of the Act prior to enactment of this section.CommentsClose CommentsPermalink
`(2) USE OF PROGRAM FUNDS- In carrying out the housing innovation program under this section, each participating agency shall continue to assist--CommentsClose CommentsPermalink
`(A) not less than substantially the same number of eligible low-income families under the program as it assisted in the base year for the agency; andCommentsClose CommentsPermalink
`(B) a comparable mix of families by family size, subject to adjustment to reflect changes in the agency's waiting list, except that the Secretary may approve exceptions to such requirements for up to 3 years based on modernization or redevelopment activities proposed in an annual plan submitted and approved in accordance with paragraph (8).CommentsClose CommentsPermalink
Determinations with respect to the number of families served shall be adjusted based on any allocation of additional vouchers under section 8(o) and to reflect any change in the percentage of program funds that a participating agency receives compared to the base year.CommentsClose CommentsPermalink
`(3) RETAINED PROVISIONS- Notwithstanding any other provision of this section, families receiving assistance under this section shall retain the same rights of judicial review of agency action as they would otherwise have had if the agency were not participating in the program, and each participating agency shall comply with the following provisions of this Act:CommentsClose CommentsPermalink
`(A) Subsections (a)(2)(A) and (b)(1) of section 16 (relating to targeting for new admissions in the public housing and voucher programs).CommentsClose CommentsPermalink
`(B) Section 2(b) (relating to tenant representatives on the public housing agency board of directors).CommentsClose CommentsPermalink
`(C) Section 3(b)(2) (relating to definitions for the terms `low-income families' and `very low-income families').CommentsClose CommentsPermalink
`(D) Section 5(A)(e) (relating to the formation of and consultation with a resident advisory board).CommentsClose CommentsPermalink
`(E) Sections 6(f)(1) and 8(o)(8)(B) (relating to compliance of units assisted with housing quality standards or other codes).CommentsClose CommentsPermalink
`(F) Sections 6(c)(3), 6(c)(4)(i), and 8(o)(6)(B) (relating to rights of public housing applicants and existing procedural rights for applicants under section 8(o)).CommentsClose CommentsPermalink
`(G) Section 6(k) (relating to grievance procedures for public housing tenants) and comparable procedural rights for families assisted under section 8(o).CommentsClose CommentsPermalink
`(H) Section 6(l) (relating to public housing lease requirements), except that for units assisted both with program funds and low-income housing tax credits, the initial lease term may be less than 12 months if required to conform lease terms with such tax credit requirements.CommentsClose CommentsPermalink
`(I) Section 7 (relating to designation of housing for elderly and disabled households), except that a participating agency may make such designations(at initial designation or upon renewal) for a term of up to 5 years if the agency includes in its annual plan under paragraph (8) an analysis of the impact of such designations on affected households and such designation is subject to the program evaluation. Any participating agency with a designated housing plan that was approved under the moving to work demonstration may continue to operate under the terms of such plan for a term of 5 years (with an option to renew on the same terms for an additional 5 years) if it includes in its annual plan an analysis of the impact of such designations on affected households and is subject to evaluation under subsection (f).CommentsClose CommentsPermalink
`(J) Subparagraphs (C) through (E) of section 8(o)(7) and section 8(o)(20) (relating to lease requirements and eviction protections for families assisted with tenant-based assistance).CommentsClose CommentsPermalink
`(K) Subject to paragraph (1)(B) of this subsection, section 8(o)(13)(B) (relating to a percentage limitation on project-based assistance), except that for purposes of this subparagraph such section shall be applied by substituting `50 percent' for `20 percent'.CommentsClose CommentsPermalink
`(L) Section 8(o)(13)(E) (relating to resident choice for tenants of units with project-based vouchers), except with respect to--CommentsClose CommentsPermalink
`(i) in the case of agencies participating in the moving to work demonstration, any housing assistance payment contract entered into within 2 years after the enactment of this section;CommentsClose CommentsPermalink
`(ii) project-based vouchers that replace public housing units;CommentsClose CommentsPermalink
`(iii) not more than 10 percent of the vouchers available to the participating agency upon entering the housing innovation program under this section; andCommentsClose CommentsPermalink
`(iv) any project-based voucher program that is subject to evaluation under subsection (f).CommentsClose CommentsPermalink
`(M) Section 8(r) (relating to portability of voucher assistance), except that a participating agency may receive funding for portability obligations under section 8(dd) in the same manner as other public housing agencies.CommentsClose CommentsPermalink
`(N) Sections 8(ee) and 6(u) (relating to records, certification and confidentiality regarding domestic violence).CommentsClose CommentsPermalink
`(O) Subsections (a) and (b) of section 12 (relating to payment of prevailing wages).CommentsClose CommentsPermalink
`(P) Section 18 (relating to demolition and disposition of public housing).CommentsClose CommentsPermalink
`(4) RENTS AND REQUIREMENTS FOR CONTINUED OCCUPANCY OR PARTICIPATION-CommentsClose CommentsPermalink
`(A) BEFORE POLICY CHANGE- Before adopting any policy pursuant to participation in the housing innovation program under this section that would make a material change to the requirements of this Act regarding tenant rents or contributions, or conditions of continued occupancy or participation, a participating agency shall complete each of the following actions:CommentsClose CommentsPermalink
`(i) The agency shall conduct an impact analysis of the proposed policy on families the agency is assisting under the program under this section and on applicants on the waiting list, including analysis of the incidence and severity of rent burdens greater than 30 percent of adjusted income on households of various sizes and types and in various income tiers, that would result, if any, without application of the hardship provisions. The analysis with respect to applicants on the waiting list may be limited to demographic data provided by the applicable consolidated plan, information provided by the Secretary, and other generally available information. The proposed policy, including provisions for addressing hardship cases and transition provisions that mitigate the impact of any rent increases or changes in the conditions of continued occupancy or participation, and data from this analysis shall be made available for public inspection for at least 60 days in advance of the public meeting described in clause (ii).CommentsClose CommentsPermalink
`(ii) The agency shall hold a public meeting regarding the proposed change, including the hardship provisions, which may be combined with a public meeting on the draft annual plan under paragraph (8) or the annual report under paragraph (9).CommentsClose CommentsPermalink
`(iii) The board of directors or other similar governing body of the agency shall approve the change in public session.CommentsClose CommentsPermalink
`(iv) The agency shall obtain approval from the Secretary of the annual plan or plan amendment. The Secretary may approve a plan or amendment containing a material change to the requirements of this Act regarding tenant rents or contributions, or conditions of continued occupancy or participation, only if the agency agrees that such policy may be included as part of the national evaluation.CommentsClose CommentsPermalink
`(B) AFTER POLICY CHANGE- After adopting a policy described in subparagraph (A), a program agency shall complete each of the following actions:CommentsClose CommentsPermalink
`(i) The agency shall provide adequate notice to residents, which shall include a description of the changes in the public housing lease or participation agreement that may be required and of the hardship or transition protections offered.CommentsClose CommentsPermalink
`(ii) In the case of any additional requirements for continued occupancy or participation, the agency shall execute a lease addendum or participation agreement specifying the requirements applicable to both the resident and the agency. A resident may bring a civil action to enforce commitments of the agency made through the lease addendum or participation agreement.CommentsClose CommentsPermalink
`(iii) The agency shall reassess rent, subsidy level, and policies on program participation no less often than every two years, which shall include preparing a revised impact analysis, and make available to the public the results of such reassessment and impact analysis. The requirement under this clause may be met by sufficiently detailed interim reports, if any, by the national evaluating entity.CommentsClose CommentsPermalink
`(iv) The agency shall include in the annual report under paragraph (8) information sufficient to describe any hardship requests, including the number and types of requests made, granted, and denied, the use of transition rules, and adverse impacts resulting from changes in rent or continued occupancy policies, including actions taken by the agency to mitigate such impacts and impacts on families no longer assisted under the program.CommentsClose CommentsPermalink
`(C) APPLICABILITY TO EXISTING MTW AGENCIES- An existing MTW agency that, before the date of the enactment of this section, implemented material changes to the requirements of this Act regarding tenant rents or contributions, or conditions of continued occupancy or participation, as part of the moving to work demonstration shall not be subject to subparagraph (A) with regard to such previously implemented changes, but shall comply with the requirements of subparagraph (B)(ii) and provide the evaluation and impact analysis required by subparagraph (B)(iii) by the end of the second agency fiscal year ending after such date of enactment.CommentsClose CommentsPermalink
`(5) PROHIBITION AGAINST DECREASE IN PROGRAM FUNDS- The amount of program funds a participating agency receives shall not be diminished by its participation in the housing innovation program under this section.CommentsClose CommentsPermalink
`(6) SUBMISSION OF INFORMATION- As part of the annual report required under subsection (g)(2), each participating agency shall submit information annually to the Secretary regarding families assisted under the program of the agency and comply with any other data submissions required by the Secretary for purposes of evaluation of the program under this section.CommentsClose CommentsPermalink
`(7) PUBLIC AND RESIDENT PARTICIPATION- Each participating agency shall provide opportunities for resident and public participation in the annual plan under paragraph (8), as follows:CommentsClose CommentsPermalink
`(A) NOTICE TO RESIDENTS-CommentsClose CommentsPermalink
`(i) NOTICE- Each year, the agency shall provide notice to the low-income families it serves under the programs authorized by this section as to the impact of proposed policy changes and program initiatives and of the schedule of resident advisory board and public meetings for the annual plan.CommentsClose CommentsPermalink
`(ii) MEETING- The agency shall hold at least one meeting with the resident advisory board (including representatives of recipients of assistance under section 8) to review the annual plan for each year.CommentsClose CommentsPermalink
`(B) PUBLIC MEETING- With respect to each annual plan, the agency shall hold at least one annual public meeting to obtain comments on the plan, which may be combined with a meeting to review the annual report. In the case of any agency that administers, in the aggregate, more than 15,000 public housing units and vouchers, the agency shall hold additional meetings in locations that promote attendance by residents and other stakeholders.CommentsClose CommentsPermalink
`(C) PUBLIC AVAILABILITY- Before adoption of any annual plan, and not less than 30 days before the public meeting required under subparagraph (A)(ii) with respect to the plan, the agency shall make the proposed annual plan available for public inspection. The annual plan shall be made available for public inspection not less than 30 days before approval by the board of directors (or other similar governing body) of the agency and shall remain publicly available.CommentsClose CommentsPermalink
`(D) BOARD APPROVAL- Before submitting an annual plan or annual report to the Secretary, the plan or report, as applicable, shall be approved in a public meeting by the board of directors or other governing body of the agency.CommentsClose CommentsPermalink
`(8) ANNUAL PLAN-CommentsClose CommentsPermalink
`(A) REQUIREMENT- For each year that a participating agency participates in the housing innovation program under this section, the agency shall submit to the Secretary, in lieu of all other planning requirements, an annual plan under this paragraph.CommentsClose CommentsPermalink
`(B) CONTENTS- Each annual plan shall include the following information:CommentsClose CommentsPermalink
`(i) A list and description of all program initiatives and generally applicable policy changes, including references to affected provisions of law or the implementing regulations affected.CommentsClose CommentsPermalink
`(ii) A description and comparison of changes under the housing innovation program of the agency from the plan for such program for the preceding year.CommentsClose CommentsPermalink
`(iii) A description of property redevelopment or portfolio repositioning strategies and proposed changes in policies or uses of funds required to implement such strategies.CommentsClose CommentsPermalink
`(iv) Documentation of public and resident participation sufficient to comply with the requirements under paragraphs (4) and (7), including a copy of any recommendations submitted in writing by the resident advisory board of the agency and members of the public, a summary of comments, and a description of the manner in which the recommendations were addressed.CommentsClose CommentsPermalink
`(v) Certifications by the agency that--CommentsClose CommentsPermalink
`(I) the annual plan will be carried out in conformity with title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act of 1990, and the rules, standards, and policies in the approved plan;CommentsClose CommentsPermalink
`(II) the agency will affirmatively further fair housing; andCommentsClose CommentsPermalink
`(III) the agency has complied and will continue to comply with its obligations under the national evaluation.CommentsClose CommentsPermalink
`(vi) A description of the agency's local asset management strategy for public housing properties, which shall be in lieu of any other asset management, project based management or accounting, or other system of allocating resources and costs to participating agency assets or cost centers that the Secretary may otherwise impose under this Act.CommentsClose CommentsPermalink
`(C) CHANGES- If the agency proposes to make material changes in policies or initiatives in the plan during the year covered by the plan, the agency shall consult with the resident advisory board for the agency established pursuant to section 5A(e) and the public regarding such changes before their adoption.CommentsClose CommentsPermalink
`(D) APPROVAL PROCESS-CommentsClose CommentsPermalink
`(i) TIMING- The Secretary shall review and approve or disapprove each annual plan submitted to the Secretary within 45 days after such submission.CommentsClose CommentsPermalink
`(ii) STANDARDS FOR DISAPPROVAL- The Secretary may disapprove a plan only if--CommentsClose CommentsPermalink
`(I) the Secretary reasonably determines, based on information contained in the annual plan or annual report, that the agency is not in compliance with the requirements of this section;CommentsClose CommentsPermalink
`(II) the annual plan or most recent annual report is not consistent with other reliable information available to the Secretary; orCommentsClose CommentsPermalink
`(III) the annual plan or annual report or the agency's activities under the program are not otherwise in accordance with applicable law.CommentsClose CommentsPermalink
`(iii) FAILURE TO DISAPPROVE- If a submitted plan is not disapproved within 45 days after submission, the plan shall be considered to be approved for purposes of this section. The preceding sentence shall not preclude judicial review regarding such compliance pursuant to chapter 7 of title 5, United States Code, or an action regarding such compliance under section 1979 of the Revised Statutes of the United States (
`(f) Evaluation of Performance-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall conduct detailed evaluations of all public housing agencies participating in the program under this section--CommentsClose CommentsPermalink
`(A) to determine the level of success of each public housing agency in achieving the purposes of the program under subsection (a); andCommentsClose CommentsPermalink
`(B) to identify program models that can be replicated by other agencies to achieve such success.CommentsClose CommentsPermalink
`(2) REPORTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall submit three reports to the Congress, as provided in subparagraph (B), evaluating the programs of all public housing agencies participating in the program under this section and all agencies participating in the moving to work demonstration. Each such report shall include findings and recommendations for any appropriate legislative action.CommentsClose CommentsPermalink
`(B) TIMING- The reports under this paragraph shall include--CommentsClose CommentsPermalink
`(i) an initial report, which shall be submitted before the expiration of the 3-year period beginning on the date of the enactment of the Section 8 Voucher Reform Act of 2007;CommentsClose CommentsPermalink
`(ii) an interim report, which shall be submitted before the expiration of the 5-year period beginning on such date of enactment; andCommentsClose CommentsPermalink
`(iii) a final report, which shall be submitted before the expiration of the 10-year period beginning on such date of enactment.CommentsClose CommentsPermalink
`(3) EVALUATING ENTITY- The Secretary may contract out the responsibilities under this paragraphs (1) and (2) to an independent entity that is qualified to perform such responsibilities.CommentsClose CommentsPermalink
`(4) PERFORMANCE MEASURES- The Secretary or the evaluating entity, as applicable, shall establish performance measures, which may include--CommentsClose CommentsPermalink
`(A) a baseline performance level against which program activities may be evaluated; andCommentsClose CommentsPermalink
`(B) performance measures for--CommentsClose CommentsPermalink
`(i) increasing housing opportunities for extremely low-, very low-, and low-income families, replacing or rehabilitating housing at risk of physical deterioration or obsolescence, and developing additional affordable housing;CommentsClose CommentsPermalink
`(ii) leveraging other Federal, State, and local funding sources, including the low-income housing tax credit program, to expand and preserve affordable housing opportunities, including public housing;CommentsClose CommentsPermalink
`(iii) moving families to self-sufficiency and increasing employment rates and wages of families without imposing a significant rent burden on the families having the lowest incomes;CommentsClose CommentsPermalink
`(iv) reducing administrative costs; andCommentsClose CommentsPermalink
`(v) any other performance measures that the Secretary or evaluating entity, as applicable, may establish.CommentsClose CommentsPermalink
`(g) Recordkeeping, Reports, and Audits-CommentsClose CommentsPermalink
`(1) RECORDKEEPING- Each public housing agency participating in the program under this section shall keep such records as the Secretary may prescribe as reasonably necessary to disclose the amounts and the disposition of amounts under the program, to ensure compliance with the requirements of this section, and to measure performance.CommentsClose CommentsPermalink
`(2) REPORTS- In lieu of all other reporting requirements, each such agency participating in the program shall submit to the Secretary an annual report in a form and at a time specified by the Secretary. Each annual report shall include the following information:CommentsClose CommentsPermalink
`(A) A description, including an annual consolidated financial report, of the sources and uses of funds of the agency under the program, which shall account separately for funds made available under section 8 and subsections (d) and (e) of section 9, and shall compare the agency's actions under the program with its annual plan for the year.CommentsClose CommentsPermalink
`(B) An annual audit that complies with the requirements of Circular A-133 of the Office of Management and Budget, including the OMB Compliance Supplement.CommentsClose CommentsPermalink
`(C) A description of each hardship exception requested and granted or denied, and of the use of any transition rules.CommentsClose CommentsPermalink
`(D) Documentation of public and resident participation sufficient to comply with the requirements under paragraph (7).CommentsClose CommentsPermalink
`(E) A comparison of income and the sizes and types of families assisted by the agency under the program compared to those assisted by the agency in the base year.CommentsClose CommentsPermalink
`(F) Every two years, an evaluation of rent policies, subsidy level policies, and policies on program participation.CommentsClose CommentsPermalink
`(G) A description of any ongoing local evaluations and the results of any local evaluations completed during the year.CommentsClose CommentsPermalink
`(3) ACCESS TO DOCUMENTS BY SECRETARY- The Secretary shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of, this section.CommentsClose CommentsPermalink
`(4) ACCESS TO DOCUMENTS BY THE COMPTROLLER GENERAL- The Comptroller General of the United States, or any of the duly authorized representatives of the Comptroller General, shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of, this section.CommentsClose CommentsPermalink
`(5) REPORTS REGARDING EVALUATIONS- The Secretary shall require each public housing agency participating in the program under this section to submit to the Secretary, as part of the agency's annual report under paragraph (2), such information as the Secretary considers appropriate to permit the Secretary to evaluate (pursuant to subsection (f)) the performance and success of the agency in achieving the purposes of the demonstration.CommentsClose CommentsPermalink
`(h) Additional Program Agencies- In participating in the program under the terms of this subsection, the public housing agencies designated for such participation shall be subject to the requirements of this section, and the additional following requirements:CommentsClose CommentsPermalink
`(1) APPLICABILITY OF CERTAIN EXISTING PROVISIONS- Such agencies shall be subject to the provisions of--CommentsClose CommentsPermalink
`(A) subsections (a) and (b) of section 3; andCommentsClose CommentsPermalink
`(B) section 8(o), except for paragraph (11) and except as the requirements of section 8(o) are modified by subsection (e)(3) of this section.CommentsClose CommentsPermalink
`(2) NO TIME LIMITS- Such agencies may not impose time limits on the term of housing assistance received by families under the program.CommentsClose CommentsPermalink
`(3) NO EMPLOYMENT CONDITIONS- Such agencies may not condition the receipt of housing assistance by families under the program on the employment status of one of more family members.CommentsClose CommentsPermalink
`(4) ONE-FOR-ONE REPLACEMENT-CommentsClose CommentsPermalink
`(A) CONDITIONS ON DEMOLITION- Such agencies may not demolish or dispose of any dwelling unit of public housing operated or administered by such agency (including any uninhabitable unit and any unit previously approved for demolition) except pursuant to a plan for replacement of such units in accordance with, and approved by the Secretary of Housing and Urban Development pursuant to, subparagraph (B).CommentsClose CommentsPermalink
`(B) PLAN REQUIREMENTS- The Secretary may not approve a plan that provides for demolition or disposition of any dwelling unit of public housing referred to in subparagraph (A) unless--CommentsClose CommentsPermalink
`(i) such plan provides for outreach to public housing agency residents in accordance with paragraph (5);CommentsClose CommentsPermalink
`(ii) not later than 60 days before the date of the approval of such plan, such agency has convened and conducted a public hearing regarding the demolition or disposition proposed in the plan;CommentsClose CommentsPermalink
`(iii) such plan provides that for each such dwelling unit demolished or disposed of, such public housing agency will provide an additional dwelling unit through--CommentsClose CommentsPermalink
`(I) the acquisition or development of additional public housing dwelling units; orCommentsClose CommentsPermalink
`(II) the acquisition, development, or contracting (including through project-based assistance) of additional dwelling units that are subject to requirements regarding eligibility for occupancy, tenant contribution toward rent, and long-term affordability restrictions which are comparable to public housing units, except that no household may be prevented from occupying a replacement dwelling unit provided pursuant to clause (iii) except to the extent specifically provided by any other provision of Federal law (including subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 (
`(iv) such plan provides for a right, and implementation of such right, to occupancy of additional dwelling units provided in accordance with clause (iii), for households who, as of the time that dwelling units demolished or disposed of were vacated to provide for such demolition or disposition, were occupying such dwelling units;CommentsClose CommentsPermalink
`(v) such plan provides that the proposed demolition or disposition and relocation will be carried out in a manner that affirmatively furthers fair housing, as described in subsection (e) of section 808 of the Civil Rights Act of 1968; andCommentsClose CommentsPermalink
`(vi) to the extent that such plan provides for the provision of replacement or additional dwelling units, or redevelopment, in phases over time, such plan provides that the ratio of dwelling units described in subclauses (I) and (II) of clause (iii) that are provided in any such single phase to the total number of dwelling units provided in such phase is not less than the ratio of the aggregate number of such dwelling units provided under the plan to the total number of dwelling units provided under the plan.CommentsClose CommentsPermalink
`(C) INAPPLICABLE PROVISIONS- Subparagraphs (B) and (D) of section 8(o)(13) of the United States Housing Act of 1937 (
`(D) MONITORING- The Secretary of Housing and Urban Development shall provide for the appropriate field offices of the Department to monitor and supervise enforcement of this paragraph and plans approved under this paragraph and to consult, regarding such monitoring and enforcement, with resident councils of, and residents of public housing operated or administered by, the agency.CommentsClose CommentsPermalink
`(5) COMPREHENSIVE OUTREACH PLAN- No program funds of such agencies may be use to demolish or dispose of any public housing dwelling units except in accordance with a comprehensive outreach plan for such activities, developed by the agency in conjunction with the residents of the public housing agency, as follows:CommentsClose CommentsPermalink
`(A) The plan shall be developed by the agency and a resident task force, which may include members of the Resident Council, but may not be limited to such members, and which shall represent all segments of the population of residents of the agency, including single parent-headed households, the elderly, young employed and unemployed adults, teenage youth, and disabled persons.CommentsClose CommentsPermalink
`(B) The votes and agreements regarding the plan shall involve--CommentsClose CommentsPermalink
`(i) in the case of any public housing agency that administers 250 or fewer public housing dwelling units, not less than 10 percent of affected residents; andCommentsClose CommentsPermalink
`(ii) in the case of any public housing agency that administers more than 250 public housing dwelling units, not less than 25 affected residents.CommentsClose CommentsPermalink
`(C) The plan shall provide for and describe outreach efforts to inform residents of the program under this subsection, including a door-to-door information program, monthly newsletters to each resident household, monthly meetings dedicated solely to every aspect of the proposed development, including redevelopment factors, which shall include the one-for-one replacement requirement under paragraph (5), resident rights to return, the requirements of the program under this subsection, new resident support and community services to be provided, opportunities for participation in architectural design, and employment opportunities for residents, which shall make available at least 30 percent of the total hours worked at all such employment, and shall also make available at least 25 percent of unskilled jobs in demolition activities and 25 percent of unskilled jobs in construction activities related to the redevelopment project, including job training, apprenticeships, union membership assistance.CommentsClose CommentsPermalink
`(D) The plan shall provide for regularly scheduled monthly meeting updates and a system for filing complaints about any aspect of the redevelopment process.CommentsClose CommentsPermalink
`(i) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink
`(1) EXISTING MTW AGENCY- The term `existing MTW agency' means a public housing agency that as of the date of the enactment of the Section 8 Voucher Reform Act of 2007 has an existing agreement with the Secretary pursuant to the moving to work demonstration.CommentsClose CommentsPermalink
`(2) BASE YEAR- The term `base year' means, with respect to a participating agency, the agency fiscal year most recently completed prior to selection and approval for participation in the housing innovation program under this section.CommentsClose CommentsPermalink
`(3) MOVING TO WORK DEMONSTRATION- The term `moving to work demonstration' means the moving to work demonstration program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (
`(4) PARTICIPATING AGENCIES- The term `participating agencies' means public housing agencies designated and approved for participation, and participating, in the housing innovation program under this section.CommentsClose CommentsPermalink
`(5) PROGRAM FUNDS- The term `program funds' means, with respect to a participating agency, any amounts that the agency is authorized, pursuant to subsection (e)(1), to use to carry out the housing innovation program under this section of the agency.CommentsClose CommentsPermalink
`(6) RESIDENTS- The term `residents' means, with respect to a public housing agency, tenants of public housing of the agency and participants in the voucher or other housing assistance programs of the agency funded under section 8(o), or tenants of other units owned by the agency and assisted under this section.CommentsClose CommentsPermalink
`(j) Authorization of Appropriations for Resident Technical Assistance- There is authorized to be appropriated for each of fiscal years 2008 through 2012 $10,000,000, for providing capacity building and technical assistance to enhance the capabilities of low-income families assisted under the program under this section to participate in the process for establishment of annual plans under this section for participating agencies.CommentsClose CommentsPermalink
`(k) Authorization of Appropriations for Evaluations- There is authorized to be appropriated $15,000,000 to the Department of Housing and Urban Development for the purpose of conducting the evaluations required under subsection (f)(1).'.CommentsClose CommentsPermalink
(b) GAO Report- Not later than 48 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress on the extent to which the public housing agencies participating in the housing innovation program under section 36 of the United States Housing Act of 1937 are meeting the goals and purposes of such program, as identified in subsection (a) of such section 36.CommentsClose CommentsPermalink
SEC. 17. DEMONSTRATION PROGRAM WAIVER AUTHORITY.
(a) Authority To Enter Into Agreements- Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may enter into such agreements as may be necessary with the Social Security Administration and the Secretary of Health and Human Services to allow for the participation, in any demonstration program described in subsection (c), by the Department of Housing and Urban Development and the use under such program of housing choice vouchers under section 8(o) of the United States Housing Act of 1937 (
(b) Waiver of Income Requirements- The Secretary of Housing and Urban Development may, to extent necessary to allow rental assistance under section 8(o) of the United States Housing Act of 1937 to be provided on behalf of persons described in subsection (c) who participate in a demonstration program described in such subsection, and to allow such persons to be placed on a waiting list for such assistance, partially or wholly disregard increases in earned income for the purpose of rent calculations under section 3 for such persons.CommentsClose CommentsPermalink
(c) Demonstration Programs- A demonstration program described in this subsection is a demonstration program of a State that provides for persons with significant disabilities to be employed and continue to receive benefits under programs of the Department of Health and Human Services and the Social Security Administration, including the program of supplemental security income benefits under title XVI of the Social Security Act, disability insurance benefits under title II of such Act, and the State program for medical assistance (Medicaid) under title XIX of such Act.CommentsClose CommentsPermalink
SEC. 18. ACCESS TO HUD PROGRAMS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY.
(a) HUD Responsibilities- To allow the Department of Housing and Urban Development to better serve persons with limited proficiency in the English language by providing technical assistance to recipients of Federal funds, the Secretary of Housing and Urban Development shall take the following actions:CommentsClose CommentsPermalink
(1) TASK FORCE- Within 90 days after the enactment of this Act, convene a task force comprised of appropriate industry groups, recipients of funds from the Department of Housing and Urban Development (in this section referred to as the `Department'), community-based organizations that serve individuals with limited English proficiency, civil rights groups, and stakeholders, which shall identify a list of vital documents, including Department and certain property and other documents, to be competently translated to improve access to federally conducted and federally assisted programs and activities for individuals with limited English proficiency. The task force shall meet not less frequently than twice per year.CommentsClose CommentsPermalink
(2) TRANSLATIONS- Within 6 months after identification of documents pursuant to paragraph (1), produce translations of the documents identified in all necessary languages and make such translations available as part of the library of forms available on the website of the Department and as part of the clearinghouse developed pursuant to paragraph (4).CommentsClose CommentsPermalink
(3) PLAN- Develop and carry out a plan that includes providing resources of the Department to assist recipients of Federal funds to improve access to programs and activities for individuals with limited English proficiency, which plan shall include the elements described in paragraph (4).CommentsClose CommentsPermalink
(4) HOUSING INFORMATION RESOURCE CENTER- Develop and maintain a housing information resource center to facilitate the provision of language services by providers of housing services to individuals with limited English proficiency. Information provided by such center shall be made available in printed form and through the Internet. The resources provided by the center shall include the following:CommentsClose CommentsPermalink
(A) TRANSLATION OF WRITTEN MATERIALS- The center may provide, directly or through contract, vital documents from competent translation services for providers of housing services.CommentsClose CommentsPermalink
(B) TOLL-FREE CUSTOMER SERVICE TELEPHONE NUMBER- The center shall provide a 24-hour toll-free interpretation service telephone line, by which recipients of funds of the Department and individuals with limited English proficiency may--CommentsClose CommentsPermalink
(i) obtain information about federally conducted or federally assisted housing programs of the Department;CommentsClose CommentsPermalink
(ii) obtain assistance with applying for or accessing such housing programs and understanding Federal notices written in English; andCommentsClose CommentsPermalink
(iii) communicate with housing providers. and learn how to access additional language services.CommentsClose CommentsPermalink
The toll-free telephone service provided pursuant to this subparagraph shall supplement resources in the community identified by the plan developed pursuant to paragraph (3).CommentsClose CommentsPermalink
(C) DOCUMENT CLEARINGHOUSE- The center shall collect and evaluate for accuracy or develop, and make available, templates and documents that are necessary for consumers, relevant industry representatives, and other stakeholders of the Department, to access, make educated decisions, and communicate effectively about their housing, including--CommentsClose CommentsPermalink
(i) administrative and property documents;CommentsClose CommentsPermalink
(ii) legally binding documents;CommentsClose CommentsPermalink
(iii) consumer education and outreach materials;CommentsClose CommentsPermalink
(iv) documents regarding rights and responsibilities of any party; andCommentsClose CommentsPermalink
(v) remedies available to consumers.CommentsClose CommentsPermalink
(D) STUDY OF LANGUAGE ASSISTANCE PROGRAMS- The center shall conduct a study that evaluates best-practices models for all programs of the Department that promote language assistance and strategies to improve language services for individuals with limited English proficiency. Not later than 18 months after the date of the enactment of this Act, the center shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, which shall provide recommendations for implementation, specific to programs of the Department, and information and templates that could be made available to all recipients of grants from the Department.CommentsClose CommentsPermalink
(E) CULTURAL AND LINGUISTIC COMPETENCE MATERIALS- The center shall provide information relating to culturally and linguistically competent housing services for populations with limited English proficiency.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).CommentsClose CommentsPermalink
(c) Report- Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, and annually thereafter, the Secretary of Housing and Urban Development shall submit a report regarding its compliance with the requirements under subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.CommentsClose CommentsPermalink
SEC. 19. TRANSFER OF CERTAIN RENTAL ASSISTANCE CONTRACTS.
(a) Transfer- Subject to subsection (c) and notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall, at the request of the owner, transfer or authorize the transfer, of the contracts, restrictions, and debt described in subsection (b)--CommentsClose CommentsPermalink
(1) on the housing that is owned or managed by Community Properties of Ohio Management Services LLC or an affiliate of Ohio Capital Corporation for Housing and located in Franklin County, Ohio, to other properties located in Franklin County, Ohio; andCommentsClose CommentsPermalink
(2) on the housing that is owned or managed by The Model Group, Inc., and located in Hamilton County, Ohio, to other properties located in Hamilton County, Ohio.CommentsClose CommentsPermalink
(b) Contracts, Restrictions, and Debt Covered- The contracts, restrictions, and debt described in this subsection are as follows:CommentsClose CommentsPermalink
(1) All or a portion of a project-based rental assistance housing assistance payments contract under section 8 of the United States Housing Act of 1937 (
(2) Existing Federal use restrictions, including without limitation use agreements, regulatory agreements, and accommodation agreements.CommentsClose CommentsPermalink
(3) Any subordinate debt held by the Secretary or assigned and any mortgages securing such debt, all related loan and security documentation and obligations, and reserve and escrow balances.CommentsClose CommentsPermalink
(c) Retention of Same Number of Units and Amount of Assistance- Any transfer pursuant to subsection (a) shall result in--CommentsClose CommentsPermalink
(1) a total number of dwelling units (including units retained by the owners and units transferred) covered by assistance described in subsection (b)(1) after the transfer remaining the same as such number assisted before the transfer, with such increases or decreases in unit sizes as may be contained in a plan approved by a local planning or development commission or department; andCommentsClose CommentsPermalink
(2) no reduction in the total amount of the housing assistance payments under contracts described in subsection (b)(1).CommentsClose CommentsPermalink
(d) Effective Date- This section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 20. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated the amount necessary for each of fiscal years 2008 through 2012 to provide public housing agencies with incremental tenant-based assistance under section 8(o) of the United States Housing Act of 1937 (
SEC. 21. ACCEPTABLE IDENTIFICATION REQUIREMENT.
(a) In General- Rental housing assistance under section 8(o) of the United States Housing Act of 1937 may not be provided on behalf of any individual or household unless the individual provides, or, in the case of a household, all adult members of the household provide, valid personal identification in one of the following forms:CommentsClose CommentsPermalink
(1) SOCIAL SECURITY CARD WITH PHOTO IDENTIFICATION CARD OR REAL ID ACT IDENTIFICATION-CommentsClose CommentsPermalink
(A) A social security card accompanied by a photo identification card issued by the Federal Government or a State Government; orCommentsClose CommentsPermalink
(B) A driver's license or identification card issued by a State in the case of a State that is in compliance with title II of the REAL ID Act of 2005 (title II of division B of
(2) PASSPORT- A passport issued by the United States or a foreign government.CommentsClose CommentsPermalink
(3) USCIS PHOTO IDENTIFICATION CARD- A photo identification card issued by the Secretary of Homeland Security (acting through the Director of the United States Citizenship and Immigration Services).CommentsClose CommentsPermalink
(b) Regulations- The Secretary of Housing and Urban Development shall, by regulation, require that each public housing agency or other entity administering rental housing assistance described in subsection (a) take such actions as the Secretary considers necessary to ensure compliance with the requirements of subsection (a).CommentsClose CommentsPermalink
SEC. 22. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, this Act and the amendments made by this Act, shall take effect on January 1, 2008.CommentsClose CommentsPermalink
Passed the House of Representatives July 12, 2007.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk.
Clerk.CommentsClose CommentsPermalink
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