I 

109TH CONGRESS 

1ST SESSION H. R. 2653

To ensure that dwelling units assisted under the rental housing voucher 

program under section 8 of the United States Housing Act of 1937 

comply with housing quality standards. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2005

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL

To ensure that dwelling units assisted under the rental housing voucher program under section 8 of the United 

States Housing Act of 1937 comply with housing quality 

standards.

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 ‘‘Landlord Account5 ability Act of 2005’’. 
2

•HR 2653 IH 

1 SEC. 2. ENFORCEMENT OF HOUSING QUALITY STANDARDS. 

2 (a) IN GENERAL.—Paragraph (8) of section 8(o) of 

3 the United States Housing Act of 1937 (42 U.S.C. 

4 1437f(o)(8)) is amended—

5 (1) in the paragraph heading, by striking 

6 ‘‘PHA’S’’ and inserting ‘‘PHAS AND HOUSING QUAL7 ITY STANDARDS’’; and 

8 (2) by adding at the end the following new sub9 paragraph: 

10 ‘‘(F) ENFORCEMENT OF HOUSING QUALITY

11 STANDARDS.—

12 ‘‘(i) DETERMINATION OF NONCOMPLI13 ANCE.—A dwelling unit that is covered by 

14 a housing assistance payments contract 

15 under this subsection shall be considered, 

16 for purposes of this subparagraph, to be in 

17 noncompliance with the housing quality 

18 standards under subparagraph (B) if—

19 ‘‘(I) the public housing agency or 

20 an inspector authorized by the State 

21 or unit of local government deter22 mines upon inspection of the unit that 

23 the unit fails to comply with such 

24 standards; 
3

•HR 2653 IH 

1 ‘‘(II) the agency or inspector no2 tifies the owner of the unit in writing 

3 of such failure to comply; and 

4 ‘‘(III) the failure to comply is not 

5 corrected within 90 days after receipt 

6 of such notice. 

7 ‘‘(ii) WITHHOLDING AND RELEASE OF

8 ASSISTANCE AMOUNTS.—The public hous9 ing agency shall withhold all of the assist10 ance amounts under this subsection with 

11 respect to a dwelling unit that is in non12 compliance with housing quality standards 

13 under subparagraph (B). Subject to clause 

14 (iii), the agency shall promptly release any 

15 withheld amounts to the owner of the 

16 dwelling unit upon completion of repairs 

17 that remedy such noncompliance. 

18 ‘‘(iii) USE OF WITHHELD ASSISTANCE

19 TO PAY FOR REPAIRS.—The public housing 

20 agency may use such amounts withheld to 

21 make repairs to the dwelling unit or to 

22 contract to have repairs made (or to con23 tract with an inspector referred to in 

24 clause (i)(I) to make or contract for such 

25 repairs), and shall subtract the cost of 
4

•HR 2653 IH 

1 such repairs from any amounts released to 

2 the owner of the unit upon remedying such 

3 noncompliance. 

4 ‘‘(iv) PROTECTION OF TENANTS.—An 

5 owner of a dwelling unit may not terminate 

6 the tenancy of any tenant or refuse to 

7 renew a lease for such unit because of the 

8 withholding of assistance pursuant to this 

9 subparagraph. 

10 ‘‘(v) TERMINATION OF LEASE OR AS11 SISTANCE PAYMENTS CONTRACT.—If as12 sistance amounts under this section for a 

13 dwelling unit are withheld pursuant to 

14 clause (ii) and the owner does not correct 

15 the noncompliance before the expiration of 

16 the lease for the dwelling unit and such 

17 lease is not renewed, the Secretary shall 

18 recapture any such amounts from the pub19 lic housing agency. 

20 ‘‘(vi) APPLICABILITY.—This subpara21 graph shall apply to any dwelling unit for 

22 which a housing assistance payments con23 tract is entered into or renewed after the 

24 date of the effectiveness of the regulations 

25 implementing this subparagraph.’’. 
5

•HR 2653 IH 

1 (b) REGULATIONS.—The Secretary of Housing and 

2 Urban Development shall issue any regulations necessary 

3 to carry out the amendment made by subsection (a) not 

4 later than the expiration of the 12-month period beginning 

5 upon the date of the enactment of this Act. Such regula6 tions shall take effect not later than the expiration of the 

7 90-day period beginning upon such issuance.

Æ