II 

117TH CONGRESS 

2D SESSION S. 4534 

To increase the supply of, and lower rents for, affordable housing and to 

assess calculations of area median income for purposes of Federal lowincome housing assistance, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2022 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To increase the supply of, and lower rents for, affordable 

housing and to assess calculations of area median income 

for purposes of Federal low-income housing assistance, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Affordable Housing 

5 and Area Median Income Fairness Act of 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4534 IS

1 (1) AREA MEDIAN INCOME.—The term ‘‘area 

2 median income’’ means median income for an area, 

3 as such term is used in section 3(b) of the United 

4 States Housing Act of 1937 (42 U.S.C. 1437a(b)), 

5 median family income, and any other substantively 

6 similar metric that the Secretary uses to refer to the 

7 median income level for a given area or jurisdiction 

8 for purposes of any program administered by the 

9 Secretary. 

10 (2) HIGH HOUSING COST ADJUSTMENT.—The 

11 term ‘‘high housing cost adjustment’’ means an ad12 justment for high housing costs or high construction 

13 costs, or any substantively similar adjustment that 

14 the Secretary may use to increase income limits for 

15 areas where the cost of housing is abnormally high 

16 compared to the median income for such area, for 

17 purposes of any program administered by the Sec18 retary. 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Housing and Urban Development. 

21 SEC. 3. URGENT SUPPORT FOR AFFORDABLE HOUSING IN22 FRASTRUCTURE. 

23 (a) HOME INVESTMENT PARTNERSHIPS PROGRAM.— 

24 (1) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated to carry out 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4534 IS

1 title II of the Cranston-Gonzalez National Afford2 able Housing Act (42 U.S.C. 1721 et seq.) 

3 $5,000,000,000 for each of fiscal years 2023 

4 through 2032. 

5 (2) LIMITATION.—Any amounts appropriated 

6 pursuant to paragraph (1) shall be used only for as7 sistance for any area within a jurisdiction for which 

8 the Secretary has applied a high housing cost ad9 justment. 

10 (b) COMMUNITY DEVELOPMENT BLOCK GRANTS.— 

11 (1) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated for commu13 nity development block grant assistance under sec14 tion 106 of the Housing and Community Develop15 ment Act of 1974 (42 U.S.C. 5306) $5,000,000,000 

16 for each of fiscal years 2023 through 2032. 

17 (2) LIMITATION.—Any amounts appropriated 

18 pursuant to paragraph (1) shall be used only for as19 sistance for any area within a jurisdiction for which 

20 the Secretary has applied a high housing cost ad21 justment. 

22 (c) HOUSING TRUST FUND.— 

23 (1) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to the Hous25 ing Trust Fund established under section 1338(a) of 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4534 IS

1 the Federal Housing Enterprises Financial Safety 

2 and Soundness Act of 1992 (12 U.S.C. 4568(a)) 

3 $5,000,000,000 for each of fiscal years 2023 

4 through 2032. 

5 (2) LIMITATION.—Any amounts appropriated 

6 pursuant to paragraph (1) shall be used only for as7 sistance for any area within a jurisdiction for which 

8 the Secretary has applied a high housing cost ad9 justment. 

10 SEC. 4. ASSESSMENT REGARDING OPTIMIZING USE OF 

11 AREA MEDIAN INCOME TO SUPPORT AFFORD12 ABLE HOUSING IN URBAN AREAS. 

13 (a) ASSESSMENT OF ALTERNATIVE CALCULATION

14 METHODS.—Not later than 180 days after the date of en15 actment of this Act, the Secretary shall commence an as16 sessment of alternative methods for calculating area me17 dian income, and the use of alternative metrics, for pro18 grams administered by the Secretary that would make 

19 housing more affordable for low-income families residing 

20 in urban areas across the United States, which shall in21 clude analysis of the topics identified in subsection (b). 

22 (b) REPORT.—Not later than 2 years after the date 

23 of enactment of this Act, the Secretary shall submit to 

24 the Committee on Banking, Housing, and Urban Affairs 

25 of the Senate and the Committee on Financial Services 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4534 IS

1 of the House of Representatives, and make publicly avail2 able, a report setting forth the results of the assessment 

3 conducted pursuant to subsection (a), which shall in4 clude— 

5 (1) a review and summarization of significant 

6 findings and recommendations from any related pre7 vious reports regarding area median income; 

8 (2) an assessment of the extent and impacts of 

9 the affordable housing crisis in urban areas across 

10 the United States, particularly within jurisdictions 

11 for which the Secretary has applied a high housing 

12 cost adjustment, including a comparison of rent bur13 dens for very low-income households in jurisdictions 

14 with and without high housing cost adjustments; 

15 (3) an analysis and assessment of the effects 

16 that high housing cost adjustments have had on in17 come limits and rent prices in jurisdictions for which 

18 the Secretary has applied such an adjustment, in19 cluding any effects on maximum rents allowed under 

20 sections 42 and 142 of the Internal Revenue Code 

21 of 1986 for tax-subsidized units; 

22 (4) an updated assessment of the potential im23 pacts to affordable housing, particularly on income 

24 limits and rent prices, of calculating area median inVerDate Sep 11 2014 04:28 Jul 15, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4534.IS S4534

kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4534 IS

1 come on a ZIP Code-level basis and using other lo2 calized methodologies; 

3 (5) a process through which State housing au4 thorities may designate area median income jurisdic5 tions within that State; 

6 (6) an assessment of alternative metrics to area 

7 median income for the purposes of setting income 

8 levels and related thresholds for affordable housing 

9 programs administered by the Secretary; 

10 (7) recommendations for how the Secretary 

11 could reform or eliminate use of area median income 

12 for the purposes of making housing more affordable 

13 for low-income and middle class families in urban 

14 areas; 

15 (8) any further recommendations for how the 

16 Secretary could use existing authorities to make 

17 housing more affordable for low-income and middle 

18 class families in urban areas, particularly for such 

19 families for which the Secretary has applied a high 

20 housing cost adjustment; and 

21 (9) an assessment of the impacts that West22 chester and Rockland Counties in New York State 

23 have on the City of New York’s area median income, 

24 related metrics, and affordable housing supply, in25 cluding on income limits and maximum rent prices 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 4534 IS

1 for affordable housing units within the jurisdiction 

2 of the City of New York. 

3 (c) METHODOLOGY.—Not later than 45 days after 

4 the date of enactment of this Act, the Secretary shall sub5 mit to the Committee on Banking, Housing, and Urban 

6 Affairs of the Senate and the Committee on Financial 

7 Services of the House of Representatives a report describ8 ing the methodology that will be used to conduct the as9 sessment under this section. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS