II 

118TH CONGRESS 

1ST SESSION S. 32 

To increase the number of landlords participating in the Housing Choice 

Voucher program. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24 (legislative day, JANUARY 3), 2023 

Mr. COONS (for himself, Mr. CRAMER, Mr. WARNOCK, Ms. SMITH, and Mr. 

MORAN) introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To increase the number of landlords participating in the 

Housing Choice Voucher program. 

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 ‘‘Choice in Affordable 

5 Housing Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘Housing Choice Voucher pro9 gram’’ means the tenant-based assistance program 


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1 under section 8(o) of the United States Housing Act 

2 of 1937 (42 U.S.C. 1437f(o)); 

3 (2) the term ‘‘Secretary’’ means the Secretary 

4 of Housing and Urban Development; and 

5 (3) the term ‘‘Tribal Housing and Urban Devel6 opment-Veterans Affairs Supportive Housing pro7 gram’’ means the demonstration program estab8 lished under paragraph (5) under the heading ‘‘TEN9 ANT-BASED RENTAL ASSISTANCE’’ under the heading 

10 ‘‘PUBLIC AND INDIAN HOUSING’’ in title II of divi11 sion K of the Consolidated and Further Continuing 

12 Appropriations Act, 2015 (Public Law 113–235; 

13 128 Stat. 2732) (commonly known as ‘‘Tribal 

14 HUD–VASH’’). 

15 SEC. 3. FINDINGS. 

16 Congress finds the following: 

17 (1) The Housing Choice Voucher program is 

18 the Federal Government’s largest program helping 

19 low-income families, the elderly, and persons with 

20 disabilities to afford decent, safe, and sanitary hous21 ing in the private market. 

22 (2) The Housing Choice Voucher program is 

23 proven to have positive impacts on voucher holders, 

24 including increased housing stability, reduced home25 lessness, and children lifted out of poverty. 


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1 (3) As a public-private partnership, the Hous2 ing Choice Voucher program relies on the willingness 

3 of private landlords to accept vouchers. 

4 (4) Landlord participation is declining in the 

5 Housing Choice Voucher program, with an average 

6 of 10,000 housing providers leaving the program 

7 each year between 2010 and 2016. 

8 (5) Landlord participation is especially lacking 

9 in ‘‘high-opportunity neighborhoods’’ that have low 

10 poverty rates and good access to quality schools, 

11 jobs, and public transportation. 

12 (6) The Secretary has conducted and continues 

13 to conduct research on landlord participation in the 

14 Housing Choice Voucher program. 

15 (7) The Moving to Work demonstration pro16 gram of the Department of Housing and Urban De17 velopment has given participating public housing 

18 agencies the ability to test innovative strategies to 

19 incentivize landlords to accept vouchers. 

20 (8) Indian Tribes and tribally designated hous21 ing entities, which do not participate in the Housing 

22 Choice Voucher program, benefit from the Tribal 

23 Housing and Urban Development-Veterans Affairs 

24 Supportive Housing program, which provides rental 


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1 assistance to Native American veterans who are ex2 periencing or at risk of experiencing homelessness. 

3 SEC. 4. SENSE OF CONGRESS. 

4 It is the sense of Congress that the Housing Choice 

5 Voucher program should be improved to increase the num6 ber of landlords, particularly landlords with units in high7 opportunity neighborhoods, who accept vouchers in order 

8 to expand housing choice and opportunity, and further fair 

9 housing. 

10 SEC. 5. INCENTIVIZING LANDLORD PARTICIPATION IN 

11 HOUSING CHOICE VOUCHER PROGRAM. 

12 (a) ONE-TIME INCENTIVE PAYMENTS.—Section 8(o) 

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

14 1437f(o)) is amended by adding at the end the following: 

15 ‘‘(22) ONE-TIME INCENTIVE PAYMENTS.— 

16 ‘‘(A) DEFINITION.—In this paragraph, the 

17 term ‘eligible unit’ means a dwelling unit 

18 that— 

19 ‘‘(i) is located in a census tract with 

20 a poverty rate of less than 20 percent; and 

21 ‘‘(ii) has not previously been subject 

22 to a housing assistance payment contract 

23 under this subsection. 

24 ‘‘(B) INCENTIVE PAYMENT AUTHORITY.— 


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1 ‘‘(i) IN GENERAL.—To incentivize 

2 landlords who own dwelling units in low3 poverty areas to enter into housing assist4 ance payment contracts under this sub5 section, the Secretary shall provide assist6 ance under this paragraph to public hous7 ing agencies to be used to offer a one-time 

8 payment directly to the owner of an eligi9 ble unit entering into a housing assistance 

10 payment contract with the public housing 

11 agency for the eligible unit. 

12 ‘‘(ii) AMOUNT.—The amount of an in13 centive payment made to an eligible owner 

14 under clause (i) may not exceed 200 per15 cent of the monthly housing assistance 

16 payment made to the eligible owner for the 

17 eligible unit. 

18 ‘‘(iii) CONDITIONS PERMITTED.—Sub19 ject to paragraph (7), a public housing 

20 agency may require the owner of an eligi21 ble unit, as a condition of receiving an in22 centive payment under clause (i), to com23 mit to lease the eligible unit to tenants as24 sisted under this subsection for more than 

25 1 year. 


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1 ‘‘(iv) LIMIT.—The owner of an eligible 

2 unit may not receive more than 1 incentive 

3 payment under clause (i), regardless of— 

4 ‘‘(I) the number of eligible units 

5 owned by the owner; or 

6 ‘‘(II) the number of public hous7 ing agencies with which the owner has 

8 entered into housing assistance pay9 ment contracts.’’. 

10 (b) SECURITY DEPOSIT PAYMENTS.—Section 8(o) of 

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

12 1437f(o)), as amended by subsection (a), is amended by 

13 adding at the end the following: 

14 ‘‘(23) SECURITY DEPOSIT PAYMENTS.— 

15 ‘‘(A) SECURITY DEPOSIT PAYMENT AU16 THORITY.—The Secretary shall provide assist17 ance to public housing agencies to be used to 

18 pay the owner of a dwelling unit assisted under 

19 this subsection for a security deposit, or a sub20 stantial portion thereof, on behalf of the tenant 

21 of the dwelling unit in accordance with subpara22 graph (B). 

23 ‘‘(B) MINIMUM PHA REQUIREMENTS.—A 

24 public housing agency that receives assistance 

25 from the Secretary under subparagraph (A) 


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1 shall administer the assistance in accordance 

2 with the following conditions: 

3 ‘‘(i) The public housing agency shall 

4 pay the owners of dwelling units assisted 

5 under this subsection for a security de6 posit, or a substantial portion thereof, in 

7 an amount determined by the public hous8 ing agency, on behalf of the tenants of the 

9 dwelling units. 

10 ‘‘(ii) In making payments to owners of 

11 dwelling units under clause (i), the public 

12 housing agency shall give priority to own13 ers of dwelling units occupied by extremely 

14 low-income families. 

15 ‘‘(iii) The owner of a dwelling unit 

16 may deduct amounts from a security de17 posit payment received under clause (i) to 

18 cover damages beyond normal wear and 

19 tear caused by the tenant of the dwelling 

20 unit, any member of the tenant’s house21 hold, or any guest or other person under 

22 the tenant’s control. 

23 ‘‘(iv) The public housing agency shall 

24 conduct a damage claims process where25 by— 


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1 ‘‘(I) in order to deduct amounts 

2 from a security deposit payment re3 ceived under clause (i), the owner of 

4 a covered dwelling unit must submit a 

5 claim to the public housing agency 

6 with an itemized list of damages and 

7 evidence and request reimbursement; 

8 and 

9 ‘‘(II) the tenant of a covered 

10 dwelling unit may refute a claim sub11 mitted under subclause (I). 

12 ‘‘(v) The public housing agency 

13 shall— 

14 ‘‘(I) establish an amount of re15 pair costs for which a tenant will be 

16 responsible; and 

17 ‘‘(II) notify a tenant, upon the 

18 tenant entering into a lease for a 

19 dwelling unit assisted under this sub20 section, of the amount described in 

21 subclause (I). 

22 ‘‘(vi) The public housing agency may 

23 determine what action to take if a tenant 

24 demonstrates an inability to pay the 


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1 amount of repair costs for which the ten2 ant is responsible under clause (v). 

3 ‘‘(vii) At the end of a tenant’s occu4 pancy of a dwelling unit assisted under 

5 this subsection, the landlord shall return to 

6 the public housing agency any unused 

7 amount of a security deposit payment re8 ceived under clause (i). 

9 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

10 in subparagraph (B) shall be construed to pro11 hibit a public housing agency from establishing 

12 additional conditions for the administration of 

13 assistance received under subparagraph (A) in 

14 accordance with applicable State and local 

15 laws.’’. 

16 (c) LANDLORD LIAISON BONUS PAYMENTS.—Section 

17 8(o) of the United States Housing Act of 1937 (42 U.S.C. 

18 1437f(o)), as amended by subsection (b), is amended by 

19 adding at the end the following: 

20 ‘‘(24) LANDLORD LIAISON BONUS PAYMENTS.— 

21 ‘‘(A) IN GENERAL.—Each year, the Sec22 retary shall award 1 bonus payment to each 

23 public housing agency that employs, contracts 

24 with a service partner that employs, or dem25 onstrates an intent to employ or contract with 


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1 a service partner that employs, not less than 1 

2 dedicated landlord liaison whose duties include, 

3 with respect to the tenant-based assistance pro4 gram under subsection (o)— 

5 ‘‘(i) conducting landlord outreach, re6 cruitment, and retention; 

7 ‘‘(ii) educating and training landlords 

8 regarding the program; and 

9 ‘‘(iii) operating a phone hotline, online 

10 portal, monitored email address, or other 

11 mechanism designated by the Secretary for 

12 landlord questions and concerns regarding 

13 the program. 

14 ‘‘(B) DEMONSTRATING COMPLIANCE.—The 

15 Secretary shall determine how a public housing 

16 agency may demonstrate that it offers or in17 tends to offer a landlord liaison service for pur18 poses of subparagraph (A). 

19 ‘‘(C) AMOUNT.—The Secretary shall estab20 lish an amount for the landlord liaison bonus 

21 payment authorized under subparagraph (A) 

22 that— 

23 ‘‘(i) may vary by region; 

24 ‘‘(ii) does not exceed the 150 percent 

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1 tracting with a service partner that em2 ploys, such a landlord liaison, based on 

3 local market conditions; and 

4 ‘‘(iii) is sufficient to incentivize public 

5 housing agencies to employ, or contact 

6 with a service partner that employs, such 

7 a landlord liaison.’’. 

8 (d) HOUSING PARTNERSHIP FUND.—Section 8 of the 

9 United States Housing Act of 1937 (42 U.S.C. 1437f) is 

10 amended by adding at the end the following: 

11 ‘‘(ee) HERSCHEL LASHKOWITZ HOUSING PARTNER12 SHIP FUND.— 

13 ‘‘(1) ESTABLISHMENT.—The Secretary shall es14 tablish a fund, to be known as the ‘Herschel 

15 Lashkowitz Housing Partnership Fund’, for the pur16 pose of incentivizing landlords to participate in the 

17 tenant-based assistance program under subsection 

18 (o) in accordance with paragraph (2) of this sub19 section. 

20 ‘‘(2) AUTHORIZED USES.—The Secretary shall 

21 use amounts from the Housing Partnership Fund 

22 for— 

23 ‘‘(A) incentive payments under subsection 

24 (o)(22); 


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1 ‘‘(B) security deposit payments under sub2 section (o)(23); 

3 ‘‘(C) landlord liaison bonus payments 

4 under subsection (o)(24); and 

5 ‘‘(D) other uses, as determined by a public 

6 housing agency and approved by the Secretary, 

7 designed primarily— 

8 ‘‘(i) to recruit owners of dwelling 

9 units, particularly dwelling units in census 

10 tracts with a poverty rate of less than 20 

11 percent, to enter into housing assistance 

12 payment contracts under subsection (o); 

13 and 

14 ‘‘(ii) to ensure that owners that enter 

15 into housing assistance payment contracts 

16 as described in clause (i) of this subpara17 graph continue to lease their dwelling units 

18 to tenants assisted under subsection (o). 

19 ‘‘(3) REPORTS.—The Secretary shall require a 

20 public housing agency that receives assistance from 

21 the Herschel Lashkowitz Housing Partnership Fund 

22 to submit an annual report to the Secretary on the 

23 use of the assistance. 

24 ‘‘(4) AUTHORIZATION OF ADDITIONAL APPRO25 PRIATIONS.—There is authorized to be appropriated 


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1 for deposit in the Herschel Lashkowitz Housing 

2 Partnership Fund $100,000,000 for each of fiscal 

3 years 2024 through 2028, to remain available until 

4 expended.’’. 

5 SEC. 6. TRIBAL HUD–VASH AUTHORIZATION OF APPRO6 PRIATIONS. 

7 There is authorized to be appropriated to the Sec8 retary of Housing and Urban Development $7,000,000 for 

9 each of fiscal years 2024 through 2028 for the Tribal 

10 Housing and Urban Development-Veterans Affairs Sup11 portive Housing program. 

12 SEC. 7. HOUSING QUALITY STANDARDS. 

13 (a) SATISFACTION OF INSPECTION REQUIREMENTS

14 THROUGH PARTICIPATION IN OTHER HOUSING PRO15 GRAMS.—Section 8(o)(8) of the United States Housing 

16 Act of 1937 (42 U.S.C. 1437f(o)(8)), as amended by sec17 tion 101(a) of the Housing Opportunity Through Mod18 ernization Act of 2016 (Public Law 114–201; 130 Stat. 

19 783), is amended by adding at the end the following: 

20 ‘‘(I) SATISFACTION OF INSPECTION RE21 QUIREMENTS THROUGH PARTICIPATION IN

22 OTHER HOUSING PROGRAMS.— 

23 ‘‘(i) LOW-INCOME HOUSING TAX

24 CREDIT-FINANCED BUILDINGS.—A dwell25 ing unit shall be deemed to meet the inVerDate Sep 11 2014 00:22 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S32.IS S32

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1 spection requirements under this para2 graph if— 

3 ‘‘(I) the dwelling unit is in a 

4 building, the acquisition, rehabilita5 tion, or construction of which was fi6 nanced by a person who received a 

7 low-income housing tax credit under 

8 section 42 of the Internal Revenue 

9 Code of 1986 in exchange for that fi10 nancing; 

11 ‘‘(II) the dwelling unit was phys12 ically inspected and passed inspection 

13 as part of the low-income housing tax 

14 credit program described in subclause 

15 (I) during the preceding 12-month pe16 riod; and 

17 ‘‘(III) the applicable public hous18 ing agency is able to obtain the re19 sults of the inspection described in 

20 subclause (II). 

21 ‘‘(ii) HOME INVESTMENT PARTNER22 SHIPS PROGRAM.—A dwelling shall be 

23 deemed to meet the inspection require24 ments under this paragraph if— 


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1 ‘‘(I) the dwelling unit is assisted 

2 under the HOME Investment Part3 nerships Program under title II of the 

4 Cranston-Gonzalez National Afford5 able Housing Act (42 U.S.C. 12721 et 

6 seq.); 

7 ‘‘(II) the dwelling unit was phys8 ically inspected and passed inspection 

9 as part of the program described in 

10 subclause (I) during the preceding 12- 

11 month period; and 

12 ‘‘(III) the applicable public hous13 ing agency is able to obtain the re14 sults of the inspection described in 

15 subclause (II). 

16 ‘‘(iii) RURAL HOUSING SERVICE.—A 

17 dwelling unit shall be deemed to meet the 

18 inspection requirements under this para19 graph if— 

20 ‘‘(I) the dwelling unit is assisted 

21 by the Rural Housing Service of the 

22 Department of Agriculture; 

23 ‘‘(II) the dwelling unit was phys24 ically inspected and passed inspection 

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1 scribed in subclause (I) during the 

2 preceding 12-month period; and 

3 ‘‘(III) the applicable public hous4 ing agency is able to obtain the re5 sults of the inspection described in 

6 subclause (II). 

7 ‘‘(iv) RULE OF CONSTRUCTION.— 

8 Nothing in clause (i), (ii), or (iii) shall be 

9 construed to affect the operation of a hous10 ing program described in, or authorized 

11 under a provision of law described in, that 

12 clause.’’. 

13 (b) PRE-APPROVAL OF UNITS.—Section 8(o)(8)(A) 

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

15 1437f(o)(8)(A)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(iv) INITIAL INSPECTION PRIOR TO

18 LEASE AGREEMENT.— 

19 ‘‘(I) DEFINITION.—In this 

20 clause, the term ‘new landlord’ means 

21 an owner of a dwelling unit who has 

22 not previously entered into a housing 

23 assistance payment contract with a 

24 public housing agency under this sub25 section for any dwelling unit. 


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1 ‘‘(II) EARLY INSPECTION.—Upon 

2 the request of a new landlord, a public 

3 housing agency may inspect the dwell4 ing unit owned by the new landlord to 

5 determine whether the unit meets the 

6 housing quality standards under sub7 paragraph (B) before the unit is se8 lected by a tenant assisted under this 

9 subsection. 

10 ‘‘(III) EFFECT.—An inspection 

11 conducted under subclause (II) that 

12 determines that the dwelling unit 

13 meets the housing quality standards 

14 under subparagraph (B) shall satisfy 

15 this subparagraph and subparagraph 

16 (C) if the new landlord enters into a 

17 lease agreement with a tenant assisted 

18 under this subsection not later than 

19 60 days after the date of the inspec20 tion. 

21 ‘‘(IV) INFORMATION WHEN FAM22 ILY IS SELECTED.—When a public 

23 housing agency selects a family to 

24 participate in the tenant-based assist25 ance program under this subsection, 


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1 the public housing agency shall in2 clude in the information provided to 

3 the family a list of dwelling units that 

4 have been inspected under subclause 

5 (II) and determined to meet the hous6 ing quality standards under subpara7 graph (B).’’. 

8 SEC. 8. SMALL AREA FAIR MARKET RENT. 

9 (a) USE OF SMALL AREA FAIR MARKET RENT.— 

10 Section 8(o)(1) of the United States Housing Act of 1937 

11 (42 U.S.C. 1437f(o)(1)) is amended by adding at the end 

12 the following: 

13 ‘‘(F) SMALL AREA FAIR MARKET RENT.— 

14 ‘‘(i) DEFINITIONS.—In this subpara15 graph— 

16 ‘‘(I) the term ‘metropolitan area’ 

17 means a metropolitan statistical area, 

18 as defined by the Office of Manage19 ment and Budget; and 

20 ‘‘(II) the term ‘small area fair 

21 market rent’ means the fair market 

22 rent established for a ZIP Code area 

23 within a metropolitan area. 

24 ‘‘(ii) USE OF SMALL AREA FAIR MAR25 KET RENT.—Notwithstanding subsection 


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1 (c) or any other provision of this sub2 section, not later than 3 years after the 

3 date of enactment of this subparagraph, 

4 the Secretary shall designate a number of 

5 metropolitan areas in which public housing 

6 agencies are required to use the small area 

7 fair market rent to determine the fair mar8 ket rental for dwelling units for purposes 

9 of tenant-based assistance under this sub10 section that is not less than 3 times the 

11 number of metropolitan areas so des12 ignated in the final rule of the Secretary 

13 entitled ‘Establishing a More Effective 

14 Fair Market Rent System; Using Small 

15 Area Fair Market Rents in the Housing 

16 Choice Voucher Program Instead of the 

17 Current 50th Percentile FMRs’, published 

18 in the Federal Register on November 16, 

19 2016 (81 Fed. Reg. 80567). 

20 ‘‘(iii) HOLD HARMLESS.—If the appli21 cation of clause (ii) would cause a decrease 

22 in the payment standard used to calculate 

23 the amount of tenant-based assistance pro24 vided to a family under this subsection, a 

25 public housing agency shall continue to use 


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1 the existing higher payment standard to 

2 calculate the amount of such assistance for 

3 the family for as long as the family con4 tinues to receive such assistance in the 

5 same dwelling unit.’’. 

6 (b) CONFORMING AMENDMENT.—Section 8(o)(1)(B) 

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

8 1437f(o)(1)(B)) is amended by inserting after ‘‘subsection 

9 (c)’’ the following: ‘‘(subject to subparagraph (F) of this 

10 paragraph)’’. 

11 SEC. 9. SECTION 8 MANAGEMENT ASSESSMENT PROGRAM. 

12 (a) DEFINITION.—In this section, the term ‘‘Section 

13 8 Management Assessment Program’’ means the program 

14 set forth in part 985 of title 24, Code of Federal Regula15 tions (or any successor regulation). 

16 (b) DECONCENTRATION OF PARTICIPATING DWELL17 ING UNITS.—The Secretary shall explore ways to reform 

18 and modernize the Section 8 Management Assessment 

19 Program to assess public housing agencies in a manner 

20 that promotes— 

21 (1) positive interactions with landlords, includ22 ing timely payment of rent and identification of the 

23 dwelling unit for which a subsidy payment is being 

24 made; and 


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1 (2) an increase in the diversity of areas where 

2 dwelling units are leased to support voucher holders 

3 who want to access to low-poverty, integrated neigh4 borhoods. 

5 (c) RULE OF CONSTRUCTION.—Nothing in sub6 section (b) shall be construed to prevent the Secretary 

7 from— 

8 (1) reforming the Section 8 Management As9 sessment Program to assess public housing agencies 

10 in other areas of performance; or 

11 (2) reforming the Section 8 Management As12 sessment Program in any other manner, at the dis13 cretion of the Secretary. 

14 SEC. 10. ANNUAL REPORT ON EFFECTIVENESS OF ACT. 

15 (a) DEFINITIONS.—In this section— 

16 (1) the term ‘‘appropriate congressional com17 mittees’’ means— 

18 (A) the Committee on Banking, Housing, 

19 and Urban Affairs of the Senate; 

20 (B) the Subcommittee on Transportation, 

21 Housing and Urban Development, and Related 

22 Agencies of the Committee on Appropriations of 

23 the Senate; 

24 (C) the Committee on Financial Services of 

25 the House of Representatives; and 


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1 (D) the Subcommittee on Transportation, 

2 Housing and Urban Development, and Related 

3 Agencies of the Committee on Appropriations of 

4 the House of Representatives; and 

5 (2) the term ‘‘high-opportunity area’’— 

6 (A) shall be defined by the Secretary for 

7 purposes of this section; and 

8 (B) does not include any census tract in 

9 which the poverty rate is equal to or greater 

10 than 20 percent. 

11 (b) REPORT.—Not later than 1 year after the date 

12 of enactment of this Act, and annually thereafter for 5 

13 total years, the Secretary shall submit to the appropriate 

14 congressional committees and make publicly available a re15 port that— 

16 (1) evaluates the effectiveness of this Act and 

17 the amendments made by this Act in recruiting and 

18 retaining landlords who accept vouchers under the 

19 Housing Choice Voucher program, particularly land20 lords with dwelling units in high-opportunity neigh21 borhoods; and 

22 (2) includes— 

23 (A) the number of landlords in the United 

24 States who accept housing choice vouchers 

25 under the Housing Choice Voucher program 


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1 and the number of dwelling units assisted under 

2 the Housing Choice Voucher program; 

3 (B) any net changes to the number of 

4 landlords or dwelling units described in sub5 paragraph (A) during the preceding year; 

6 (C) the number of landlords described in 

7 subparagraph (A) who own disability-accessible 

8 dwelling units assisted under the Housing 

9 Choice Voucher program and the number of 

10 those dwelling units; and 

11 (D) the number of landlords described in 

12 subparagraph (A) who own dwelling units as13 sisted under the Housing Choice Voucher pro14 gram in high-opportunity areas and the number 

15 of those dwelling units. 

Æ 


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