```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3871 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 3871

 To establish a whole-home repairs program for eligible homeowners and 
              eligible landlords, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2024

  Mr. Fetterman (for himself and Ms. Lummis) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
 To establish a whole-home repairs program for eligible homeowners and 
              eligible landlords, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Whole-Home Repairs Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Affordable unit.--The term ``affordable unit'' means a 
        unit with a rental payment that is affordable to a tenant with 
        an income at or below 80 percent of the area median income, as 
        defined by the Secretary.
            (2) Eligible homeowner.--The term ``eligible homeowner'' 
        means a homeowner--
                    (A) with a household income that--
                            (i) is not more than 80 percent of the area 
                        median income;
                            (ii) is not more than 200 percent of the 
                        Federal poverty guidelines, as determined by 
                        the Secretary of Health and Human Services; or
                            (iii) meets the income eligibility criteria 
                        of another program used by a Federal agency for 
                        programs focusing on families of limited means, 
                        as determined by the Secretary; and
                    (B) who is--
                            (i) an owner of record as evidenced by a 
                        publicly recorded deed and occupies the home on 
                        which repairs are to be conducted as their 
                        principal residence;
                            (ii) an owner-occupant of the manufactured 
                        home on which repairs are to be conducted; or
                            (iii) an equitable owner who can 
                        demonstrate an ownership interest in the 
                        property on which repairs are to be conducted, 
                        including a person who has inherited an 
                        interest in that property.
            (3) Eligible landlord.--The term ``eligible landlord'' 
        means an individual--
                    (A) who owns, as determined by the relevant 
                implementing organization, fewer than 10 residential 
                rental properties operated as a primary residence in 
                which a majority ownership interest is held by the 
                individual, the spouse of the individual, or the 
                dependent children of the individual, or any closely 
                held legal entity controlled by the individual, the 
                spouse of the individual, or the dependent children of 
                the individual, either individually or collectively; 
                and
                    (B) who agrees to the provisions described in 
                section 3(c).
            (4) Eligible rental property.--The term ``eligible rental 
        property'' is a residential property that is leased, or offered 
        exclusively for lease, as a primary residence.
            (5) Forgivable loan.--The term ``forgivable loan'' means a 
        loan--
                    (A) made to an eligible landlord;
                    (B) that is secured by a lien recorded against a 
                residential property in a mortgage security; and
                    (C) that shall be forgiven by the implementing 
                organization not later than the date that is 3 years 
                after the date on which the loan is made if the 
                eligible landlord has maintained compliance with the 
                loan agreement described in section 3(c).
            (6) Implementing organization.--The term ``implementing 
        organization''--
                    (A) means a unit of local government or a State 
                that will administer a whole-home repairs program 
                through a State agency, department, or other State-
                level entity or enter into agreements with 1 or more 
                local governments, municipal authorities, other 
                governmental authorities, or qualified nonprofits to 
                administer a whole-home repairs program as a sub-
                recipient; and
                    (B) does not include a redundant entity in a 
                jurisdiction already served by a grantee under section 
                3.
            (7) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Native American Housing Assistance and Self-Determination Act 
        of 1996 (25 U.S.C. 4103).
            (8) Qualified nonprofit.--The term ``qualified nonprofit'' 
        means a nonprofit organization that has--
                    (A) received funding, as a recipient or 
                subrecipient, through--
                            (i) the Community Development Block Grant 
                        program under title I of the Housing and 
                        Community Development Act of 1974 (42 U.S.C. 
                        5301 et seq.);
                            (ii) the HOME Investment Partnerships 
                        program under subtitle A of title II of the 
                        Cranston-Gonzalez National Affordable Housing 
                        Act (42 U.S.C. 12741 et seq.);
                            (iii) the Lead-Based Paint Hazard Reduction 
                        grant program under section 1011 of the 
                        Residential Lead-Based Paint Hazard Reduction 
                        Act of 1992 (42 U.S.C. 4852) or a grant under 
                        the Healthy Homes Initiative administered by 
                        the Secretary pursuant to sections 501 and 502 
                        of the Housing and Urban Development Act of 
                        1970 (12 U.S.C. 1701z-1, 1701z-2);
                            (iv) the Self-Help and Assisted 
                        Homeownership Opportunity program authorized 
                        under section 11 of the Housing Opportunity 
                        Program Extension Act of 1996 (42 U.S.C. 12805 
                        note);
                            (v) a rural housing program under title V 
                        of the Housing Act of 1949 (42 U.S.C. 1471 et 
                        seq.);
                            (vi) the Neighborhood Reinvestment 
                        Corporation established under the Neighborhood 
                        Reinvestment Corporation Act (42 U.S.C. 8101 et 
                        seq.); or
                            (vii) any other program as determined by 
                        the Secretary;
                    (B) coordinated, performed, or otherwise been 
                engaged in weatherization, lead remediation, or home-
                repair work for not less than 2 years; or
                    (C) been certified by the Environmental Protection 
                Agency, or by a State authorized by the Environmental 
                Protection Agency to administer a certification 
                program, as--
                            (i) eligible to carry out activities under 
                        the lead renovation, repair and painting 
                        program; or
                            (ii) a Home Certification Organization 
                        under the Energy Star program established by 
                        section 324A of the Energy Policy and 
                        Conservation Act (42 U.S.C. 6294a) or the 
                        WaterSense program under section 324B of that 
                        Act (42 U.S.C. 6294b), or recognized or 
                        otherwise approved by the Environmental 
                        Protection Agency as a Home Certification 
                        Organization under either of those programs.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (10) State.--The term ``State'' means--
                    (A) each State of the United States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) any territory or possession of the United 
                States; and
                    (E) an Indian Tribe.
            (11) Whole-home repairs.--The term ``whole-home repairs'' 
        means modifications, repairs, or updates to homeowner or 
        renter-occupied units to address--
                    (A) physical and sensory accessibility for 
                individuals with disabilities and older adults, such as 
                bathroom and kitchen modifications, installation of 
                grab bars and handrails, guards and guardrails, lifting 
                devices, ramp additions or repairs, sidewalk addition 
                or repair, or doorway or hallway widening;
                    (B) habitability and safety concerns, such as 
                repairs needed to ensure residential units are fit for 
                human habitation and free from defective conditions or 
                health and safety hazards;
                    (C) energy and water efficiency, resilience, and 
                weatherization; or
                    (D) other conditions as determined by the 
                Secretary.

SEC. 3. PILOT PROGRAM.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a pilot program to 
provide grants to implementing organizations to administer a whole-home 
repairs program for eligible homeowners and eligible landlords.
    (b) Use of Funds.--An implementing organization that receives a 
grant under this section--
            (1) shall provide grants to eligible homeowners to 
        implement whole-home repairs up to a maximum amount per unit, 
        which maximum amount should--
                    (A) reflect local construction costs;
                    (B) be calculated by the implementing organization; 
                and
                    (C) be approved by the Secretary;
            (2) shall provide loans, which may be forgivable loans, to 
        eligible landlords to implement whole-home repairs for 
        individual units and for public and common use areas within the 
        property up to a maximum amount per unit, which maximum amount 
        should--
                    (A) reflect local construction costs;
                    (B) be calculated by the implementing organization; 
                and
                    (C) be approved by the Secretary;
            (3) shall provide layered subsidy review of, or provide 
        assistance to eligible homeowners and eligible landlords in 
        that review of, whole-home repair program funds provided under 
        this section with Federal, State, and local home repair 
        programs to provide the greatest benefit to the greatest number 
        of eligible landlords and eligible homeowners and avoid 
        redundancy;
            (4) may use not more than 10 percent of the awarded funds 
        to carry out related functions, including workforce training, 
        which shall be related to efforts to increase the number of 
        home repairs performed and approved by the Secretary;
            (5) may use not more than 10 percent of the awarded funds 
        for administrative expenses; and
            (6) shall comply with Federal accessibility requirements 
        and standards under applicable Federal fair housing and civil 
        rights laws and regulations, including section 504 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794).
    (c) Loan Agreement.--In a loan agreement with an eligible landlord 
under this section, an implementing organization shall include 
provisions establishing that the eligible landlord shall, for each 
eligible rental property for which a loan is used to fund repairs under 
this section--
            (1) offer to extend the lease of current tenants on current 
        terms, other than the terms described in paragraph (4)(A), for 
        not less than 3 years beginning after the completion of the 
        repairs, unless the lease is terminated due to failure to pay 
        rent, property damage, performance of an illegal act within the 
        rental unit, a direct threat to the safety of the tenants, or a 
        violation of an obligation of tenancy that the tenants failed 
        to correct after notice;
            (2) provide documentation verifying that the property, upon 
        completion of approved renovations, has met all applicable 
        State and local housing and building codes;
            (3) attest that the landlord has no known serious 
        violations of renter protections that have resulted in fines, 
        penalties, or judgments during the preceding 10 years;
            (4)(A) cap annual rent increases for each assisted unit at 
        5 percent of base rent or inflation, whichever is lower; or
            (B) rent each assisted unit to tenants receiving tenant-
        based rental assistance under section 8(o) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f(o)), under another tenant-
        based rental assistance program administered by the Secretary 
        or the Secretary of Agriculture, or under a tenant-based rental 
        subsidy provided by a State or local government;
            (5) comply with Federal accessibility requirements and 
        standards under applicable Federal fair housing and civil 
        rights laws and regulations, including section 504 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794); and
            (6) ensure that--
                    (A) all repairs funded or facilitated through an 
                award under this section have been completed;
                    (B) if repairs are not completed and the plan for 
                whole-home repairs is not updated to reflect the new 
                scope of work, that the loan or grant is repaid on a 
                prorated basis based on completed work; and
                    (C) any unused grant or loan balance is returned to 
                the implementing organization.
    (d) Application.--
            (1) In general.--An implementing organization desiring an 
        award under this section shall submit to the Secretary an 
        application that includes--
                    (A) the geographic scope of the whole-home repairs 
                program to be administered by the implementing 
                organization, including the plan to address need in any 
                rural, suburban, or urban area within a jurisdiction;
                    (B) a plan for selecting sub-recipients, if 
                applicable;
                    (C) how the implementing organization plans to 
                execute the coordination of Federal, State, and local 
                home repair programs, including programs administered 
                by the Department of Energy or the Department of 
                Agriculture, to increase efficiency and reduce 
                redundancy;
                    (D) available data on the need for affordable and 
                quality housing, and any plans to preserve 
                affordability through the term of the award;
                    (E) how the implementing organization plans to 
                process and verify applications for grants from 
                eligible homeowners and applications for loans from 
                eligible landlords; and
                    (F) such other information as the Secretary 
                requires to determine the ability of an applicant to 
                carry out a program under this section.
            (2) Considerations.--In making awards under this section, 
        the Secretary shall--
                    (A) with respect to applications submitted by 
                States other than the District of Columbia and the 
                territories of the United States, prioritize those 
                applications with a demonstrated plan to--
                            (i) make a good faith effort to implement 
                        the pilot program in every jurisdiction; and
                            (ii) provide non-metropolitan areas, or 
                        sub-recipients serving non-metropolitan areas 
                        if applicable, with a share of total funds 
                        commensurate to their population;
                    (B) aim to select applicants so that the awardees 
                collectively span diverse geographies, with an intent 
                to understand the impact of the pilot program under 
                this section in urban, suburban, rural, and Tribal 
                settings; and
                    (C) not disqualify implementing organizations that 
                were awarded grants under the pilot program in prior 
                application cycles.
    (e) Program Information.--The Secretary shall make available to 
grant recipients under this section information regarding existing 
Federal programs for which grant recipients may coordinate or provide 
assistance in coordinating applications for those programs in 
accordance with subsection (b)(3).
    (f) Grant Number.--In each year in which an award is made under 
this section, the Secretary shall award assistance to--
            (1) not less than 2, and not more than 10, implementing 
        organizations, as application numbers and funding permit; and
            (2) not more than 1 implementing organization in any State.
    (g) Loans That Are Not Forgiven.--If a loan made by an implementing 
organization under subsection (b)(2) is not forgiven, the loan 
repayment funds may be reused by the implementing organization for a 
new whole-home repair grant or loan under this section.
    (h) Supplement, Not Supplant.--Amounts awarded under this section 
to implementing organizations shall supplement, not supplant, other 
Federal, State, and local funds made available to those entities.
    (i) Streamlining Program Delivery and Ensuring Efficiency.--To the 
extent possible, in carrying out the pilot program under this section, 
the Secretary shall--
            (1) endeavor to improve efficiency of service delivery, as 
        well as the experience of and impact on the taxpayer, by 
        encouraging programmatic collaboration and information sharing 
        across Federal, State, and local programs for home repair or 
        improvement, including programs administered by the Department 
        of the Agriculture; and
            (2) enhance collaboration and cross-agency streamlining 
        efforts that reduce the burdens of multiple income verification 
        processes and applications on the eligible homeowner, the 
        eligible landlord, the implementing organization, and the 
        Federal Government, including by establishing assistance 
        application procedures for income eligibility under this Act 
        that recognize income eligibility determinations for assistance 
        using any of the criteria under section 2(2)(A) that have been 
        used for assistance applications during the 1-year period 
        preceding the date on which an eligible homeowner or eligible 
        landlord applies for assistance under this Act.
    (j) Reporting Requirements.--
            (1) Annual report.--An implementing organization that 
        receives a grant under this section shall submit to the 
        Secretary an annual report that includes--
                    (A) the number of units served, including reporting 
                on both homeownership and rental units;
                    (B) the average cost per unit for modifications or 
                repairs and the nature of those modifications or 
                repairs, including reporting on both homes and rental 
                units;
                    (C) the number of applications received, served, 
                denied, or not completed;
                    (D) the aggregated demographic data of grant 
                recipients, which may include data on income range, 
                urban suburban, and rural residency, age, and racial 
                and ethnic identity;
                    (E) the aggregated demographic data of loan 
                recipients, which may include data on income range, 
                urban suburban, and rural residency, age, and racial 
                and ethnic identity;
                    (F) in the first year of receiving a grant, and as 
                certified in subsequent reports, a comprehensive plan 
                to prevent waste, fraud, and abuse in the 
                administration of the pilot program, which shall 
                include, at a minimum--
                            (i) a policy enacted and enforced by the 
                        implementing organization to monitor ongoing 
                        expenditures under this title and ensure 
                        compliance with applicable regulations, 
                        including compliance with Federal accessibility 
                        requirements;
                            (ii) a policy enacted and enforced by the 
                        implementing organization to detect and deter 
                        fraudulent activity, including fraud occurring 
                        in individual projects and patterns of fraud by 
                        parties involved in the expenditure of funds 
                        under this section;
                            (iii) a statement setting forth any 
                        violations detected by the implementing 
                        organization during the previous calendar year, 
                        including details about steps taken to achieve 
                        compliance and any remedial measures; and
                            (iv) a certification by the chief executive 
                        or most senior compliance officer of the 
                        organization that the organization maintains 
                        sufficient staff and resources to effectively 
                        carry out the above-mentioned policies; and
                    (G) such other information as the Secretary may 
                require.
            (2) Reporting requirement alignment.--To limit the costs of 
        implementing the pilot program under this section, the 
        Secretary shall endeavor, to the extent possible, to structure 
        reporting requirements such that they align with the data 
        reporting requirements in place for funding streams that 
        implementing organizations are likely to use in partnership 
        with funding from this section, including the reporting 
        requirements under--
                    (A) the Community Development Block Grant program 
                under title I of the Housing and Community Development 
                Act of 1974 (42 U.S.C. 5301 et seq.);
                    (B) the HOME Investment Partnerships program under 
                subtitle A of title II of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 12741 et 
                seq.);
                    (C) the Weatherization Assistance Program for low-
                income persons established under part A of title IV of 
                the Energy Conservation and Production Act (42 U.S.C. 
                6861 et seq.); and
                    (D) the Native American Housing Assistance and 
                Self-determination Act of 1996 (25 U.S.C. 4101 et 
                seq.).
            (3) Pilot program period reports.--Not less frequently than 
        twice during the period in which the pilot program established 
        under this section operates, the Office of the Inspector 
        General of the Department of Housing and Urban Development 
        shall complete an assessment of the implementation of measures 
        to ensure the fair and legitimate use of the pilot program.
            (4) Summary to congress.--The Secretary shall submit to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Financial Services of the House of 
        Representatives an annual report providing a summary of the 
        data provided under paragraphs (1) and (3) during the 1-year 
        period preceding the report and all data previously provided 
        under those paragraphs.
    (k) Funding.--The Secretary is authorized to use up to $25,000,000 
of funds made available as provided in appropriations Acts for programs 
administered by the Office of Lead Hazard Control and Healthy Housing 
to carry out the pilot program under this section.
    (l) Termination.--The pilot program established under this section 
shall terminate on October 1, 2029.
                                 <all>
```