II 

117TH CONGRESS 

1ST SESSION S. 2234 

To make housing affordable, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2021 

Mr. MERKLEY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To make housing affordable, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Affordable Housing Opportunities Made Equitable Act’’ 

6 or the ‘‘Affordable HOME Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—HOMEOWNERSHIP 

Sec. 101. Direct down payment assistance. 

Sec. 102. Mortgage interest tax credit. 


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Sec. 103. Positive rental history credit enhancement. 

Sec. 104. Individual development accounts. 

Sec. 105. Shared equity homeownership initiative. 

Sec. 106. National right of first refusal. 

Sec. 107. No cause evictions. 

Sec. 108. Right to Counsel. 

Sec. 109. Landlord Guarantee Program. 

Sec. 110. Including all forms of housing in HUD consolidated plan. 

Sec. 111. Prohibiting discrimination against voucher holders. 

Sec. 112. Fair market rent appeal. 

Sec. 113. Office of restorative housing justice. 

TITLE II—CONSTRUCTION AND PRESERVATION 

Sec. 201. Housing Trust Fund. 

Sec. 202. Rural housing trust fund construction of USDA multifamily housing 

for low-income families. 

Sec. 203. Strategy and investment in rural housing. 

Sec. 204. Manufactured housing preservation strategy and investment. 

Sec. 205. Community energy savings program. 

Sec. 206. Public housing. 

TITLE III—HOUSING ASSISTANCE FOR HOMELESS AND LOWINCOME FAMILIES 

Sec. 301. Increasing direct rental assistance. 

Sec. 302. Supportive tiny housing village innovation pilot program. 

Sec. 303. Permanent supportive housing. 

Sec. 304. Navigation center pilot program. 

TITLE IV—HOUSING AND HOMELESSNESS INNOVATION 

Sec. 401. Housing and homelessness innovation research centers. 

TITLE V—EMERGENCY HOUSING PROGRAM 

Sec. 501. Definitions. 

Sec. 502. Emergency assistance. 

Sec. 503. Authorization of appropriations. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The United States is experiencing an ongo4 ing affordable housing crisis that the Federal Gov5 ernment has failed to adequately or proportionately 

6 address. The Harvard Housing Center found that 

7 about half of all renters in the United States spent 

8 more than 30 percent of their incomes on rent and 


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1 utilities, while 1 in 4 renters spent more than half 

2 their incomes on housing in 2018. Although devel3 opers have increased new home construction in re4 cent years, the impacts of increased supply have not 

5 alleviated pricing pressures evenly across income dis6 tributions. Often, housing developers focus new de7 velopment on the most profitable sectors, increasing 

8 construction in the luxury housing market and leav9 ing a void in affordable home construction. The most 

10 disadvantaged populations are left defenseless, with11 out affordable housing options and at risk of eviction 

12 and displacement due to rising rents. 

13 (2) In 2019, an average of 568,000 people ex14 perienced homelessness at a single point in time. De15 spite this large number of unhoused people in the 

16 United States, the housing choice voucher program, 

17 one of our most essential housing safety nets, had 

18 multi-year wait lists in many areas. The public hous19 ing agencies that administer these vouchers continue 

20 to experience serious underfunding since Congress 

21 has only provided funding for administrative ex22 penses prorated at 80 percent. 

23 (3) The current housing affordability crisis does 

24 not impact all Americans equally—it is felt most 

25 acutely by people of color, and in particular African 


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1 Americans, a testament to the lingering impacts of 

2 discriminatory housing policies. African Americans 

3 represent 40 percent of all people experiencing 

4 homelessness in the United States, while only ac5 counting for 13 percent of the United States popu6 lation. 

7 (4) In 1933, the Federal Government created 

8 the Home Owners’ Loan Corporation, which played 

9 a pivotal role in the development and racial segrega10 tion of the United States housing market, also 

11 known as redlining. By deeming certain neighbor12 hoods as hazardous and limiting investment in oth13 ers, the Federal Government firmly established ra14 cially segregated neighborhoods throughout the 

15 United States. 

16 (5) Predatory use of eminent domain in pre17 dominantly African-American neighborhoods was 

18 coupled by Federal urban renewal projects in the 

19 latter half of the 20th century, which cleared out 

20 homes and businesses throughout many of these 

21 communities. 

22 (6) Several areas of the United States saw an 

23 influx of African Americans migrating from the 

24 Deep South in pursuit of better economic opportuni25 ties. The Federal Government and State and local 


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1 municipalities and their policies heavily influenced 

2 where this population settled. 

3 (7) Historical restrictions on homeownership 

4 have driven disparate impacts for Black Americans, 

5 indigenous people, and people of color across most 

6 sectors of social existence. In the fourth quarter of 

7 2018, the homeownership rate among Black Ameri8 cans was 43.6 percent, while the Hispanic homeown9 ership rate was 46.9 percent. In comparison, the 

10 White (non-Hispanic) homeownership rate was 73.6 

11 percent in the fourth quarter of 2018, more than the 

12 all-minority homeownership rate. Creating policies 

13 and programs that encourage homeownership for the 

14 most disadvantaged is necessary to achieve equitable 

15 outcomes for all people in the United States. 

16 (8) Generations of African Americans have been 

17 systematically displaced and that legacy is still felt 

18 by descendants today. 

19 (9) Despite these clear and documented pat20 terns, the Federal Government has not dedicated 

21 significant attention and resources to remedy the 

22 historical legacies of redlining, urban renewal, and 

23 other explicitly and intentionally racist housing poli24 cies. 


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1 (10) Housing impacts education policy and out2 comes. Low-income students who lack a quality edu3 cation are less likely to pursue education or training 

4 beyond high school, and thus more likely to live in 

5 low-income neighborhoods. Schools with a large con6 centration of low-income students are classified as 

7 title I schools, and in 2016, the largest racial demo8 graphic in those schools were African-American chil9 dren, followed by White children. Generally, school 

10 districts are largely funded by local property taxes, 

11 and low-income neighborhoods have lower home val12 ues. School districts are therefore unable to provide 

13 a high quality education to their students. The prop14 erty value funding mechanism perpetuates a system15 atic cycle that keeps low-income African-American 

16 people in poverty, with very little opportunity for up17 ward mobility. Some States have tried to wrestle 

18 with this systematic cycle by redesigning the funding 

19 formula, yet the lasting implications of inequitable 

20 funding structures remain. 

21 (11) Data demonstrates that communities of 

22 color and low-income families experience the adverse 

23 consequence of displacement the most due to Fed24 eral, State, and local inequitable housing policies. As 

25 a result, disparities have occurred, diminishing or 


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1 outright denying opportunities to obtain homeowner2 ship and access to generational wealth within these 

3 means. As living preferences change, current trends 

4 demonstrate that urban areas once comprised of 

5 higher concentrations of low income people and peo6 ple of color have become more desirable and sought 

7 after by affluent people with different identities of 

8 those displaced—this is also known as gentrification. 

9 (12) Congress should address and continue to 

10 study the ramifications of structural racism and so11 cial class disparities within Federal housing policies. 

12 This can be done by targeting displacement, home13 lessness, housing affordability, enforcing tenant pro14 tections, providing landlords with incentives to par15 ticipate in affordable housing programs, and facili16 tating access to resources that lead to homeowner17 ship. 

18 (13) This Act aims to address the shortcomings 

19 of our current housing policies and funding levels by 

20 holistically addressing disparities and systematic ob21 stacles and ensuring an equitable outcome for the 

22 most vulnerable Americans. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) INDIAN COUNTRY.—The term ‘‘Indian coun2 try’’ has the meaning given the term in section 1151 

3 of title 18, United States Code. 

4 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

5 has the meaning given the term ‘‘Indian tribe’’ in 

6 section 102 of the Federally Recognized Indian 

7 Tribe List Act of 1994 (25 U.S.C. 5130). 

8 (3) MANUFACTURED HOME.—The term ‘‘manu9 factured home’’— 

10 (A) has the meaning given the term in sec11 tion 603 of the National Manufactured Housing 

12 Construction and Safety Standards Act of 1974 

13 (42 U.S.C. 5402); 

14 (B) includes a home described in subpara15 graph (A) without regard to whether the home 

16 was built before, on, or after the date on which 

17 the construction and safety standards estab18 lished under section 604 of that Act (42 U.S.C. 

19 5403) became effective; and 

20 (C) shall not include any self-propelled rec21 reational vehicle. 

22 (4) MANUFACTURED HOUSING COMMUNITY.— 

23 The term ‘‘manufactured housing community’’ 

24 means a community comprised primarily of manuVerDate Sep 11 2014 19:26 Jul 12, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2234.IS S2234

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1 factured homes used primarily for residential pur2 poses. 

3 (5) PUBLIC HOUSING AGENCY.—The term 

4 ‘‘public housing agency’’ has the meaning given the 

5 term in section 3(b) of the United States Housing 

6 Act of 1937 (42 U.S.C. 1437a(b)). 

7 (6) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Housing and Urban Development. 

9 (7) STATE.—The term ‘‘State’’ means— 

10 (A) a State; 

11 (B) the District of Columbia; 

12 (C) the Commonwealth of Puerto Rico; 

13 and 

14 (D) any other territory or possession of the 

15 United States. 

16 TITLE I—HOMEOWNERSHIP 

17 SEC. 101. DIRECT DOWN PAYMENT ASSISTANCE. 

18 (a) DEFINITIONS.—In this section: 

19 (1) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 

20 household’’ means a household with an income that 

21 is less than 140 percent of the area median income. 

22 (2) SHARE EQUITY HOME; SHARED EQUITY

23 HOMEOWNERSHIP PROGRAM.—The terms ‘‘shared 

24 equity home’’ and ‘‘shared equity homeownership 


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1 program’’ have the meanings given those terms in 

2 section 105(a). 

3 (b) ESTABLISHMENT.—The Secretary shall establish 

4 a program to provide grants to State housing finance 

5 agencies to establish new or supplement existing down 

6 payment assistance programs for eligible households lo7 cated within the State. 

8 (c) REQUIREMENTS FOR ELIGIBLE HOUSEHOLDS.— 

9 An eligible household receiving assistance from a grant 

10 provided under this section shall— 

11 (1) participate in housing counseling provided 

12 by— 

13 (A) an organization approved by the De14 partment of Housing and Urban Development; 

15 or 

16 (B) a culturally specific nonprofit organi17 zation; and 

18 (2) use the assistance for a down payment on 

19 a property to be used by the eligible household as a 

20 primary residence for a period of not less than 10 

21 years. 

22 (d) NO RESTRICTION ON HOUSING.—An eligible 

23 household may use assistance received from a grant pro24 vided under this section for a down payment on any type 

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1 cluding a manufactured housing unit, residential property 

2 under 400 square feet, a condominium, or a cooperative. 

3 (e) UNRESTRICTED CO-BORROWERS PILOT.—There 

4 shall be reserved 2 percent of the funds made available 

5 under this section for grantees to carry out a pilot down 

6 payment assistance program serving more than 2 co-bor7 rowers receiving assistance from a grant provided under 

8 this section. 

9 (f) SUPPLEMENT FOR SHARED EQUITY HOME PUR10 CHASES.—A grantee shall establish a 25 percent supple11 mental bonus down payment for eligible households that 

12 are seeking to purchase an existing shared equity home 

13 or cooperative or bring a property into a shared equity 

14 homeownership program or cooperative with funds made 

15 available under this section. 

16 (g) LIMITATION.—The aggregate amount treated as 

17 acquisition indebtedness for purposes of this section for 

18 any period shall not exceed the limitation governing the 

19 maximum original principal obligation for a mortgage se20 cured by a single-family residence, as determined and ad21 justed annually under section 302(b)(2) of the Federal 

22 National Mortgage Association Charter Act (12 U.S.C. 

23 1717(b)(2)) and section 305(a)(2) of the Federal Home 

24 Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)). 

25 (h) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated to carry out this section 

3 $1,000,000,000 for each of fiscal years 2022 

4 through 2031. 

5 (2) SET ASIDE FOR FUND.—An amount equal 

6 to 20 percent of the funds appropriated under para7 graph (1) in a fiscal year shall be set aside and 

8 transferred to the Restorative Housing Justice Fund 

9 established under section 113(h). 

10 (3) SET ASIDE FOR INDIAN TRIBES.—Of the 

11 amount appropriated under paragraph (1) for each 

12 fiscal year, the Secretary shall allocate as grant 

13 funds— 

14 (A) 98 percent to be provided to States; 

15 and 

16 (B) 2 percent to be provided to Indian 

17 Tribes in accordance with paragraph (4). 

18 (4) ALLOCATION TO INDIAN TRIBES.—Of the 

19 amount allocated for Indian Tribes under paragraph 

20 (3)(B), the Secretary shall allocate funds to each In21 dian Tribe participating in the program during that 

22 fiscal year based on a formula established by the 

23 Secretary that takes into account any factor that the 

24 Secretary determines to be appropriate. 


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1 (5) PUBLICATION OF ALLOCATION FOR2 MULAS.—Not later than 90 days before the begin3 ning of each fiscal year for which grants are pro4 vided to States and Indian Tribes under this section, 

5 the Secretary shall publish in the Federal Register 

6 the formulas for allocation established under this 

7 subsection. 

8 SEC. 102. MORTGAGE INTEREST TAX CREDIT. 

9 (a) ALLOWANCE OF CREDIT.— 

10 (1) IN GENERAL.—Subpart A of part IV of sub11 chapter A of chapter 1 of the Internal Revenue Code 

12 of 1986 is amended by inserting after section 25D 

13 the following new section: 

14 ‘‘SEC. 25A–1. MORTGAGE INTEREST. 

15 ‘‘(a) IN GENERAL.—There shall be allowed as a cred16 it against the tax imposed by this chapter for the taxable 

17 year an amount equal to 15 percent of the qualified mort18 gage interest paid or accrued by the taxpayer during the 

19 taxable year. 

20 ‘‘(b) QUALIFIED MORTGAGE INTEREST.—For pur21 poses of this section— 

22 ‘‘(1) IN GENERAL.—The term ‘qualified mort23 gage interest’ means interest paid or accrued on ac24 quisition indebtedness (as defined in section 

25 163(h)(3)(B)(i)) with respect to a residence of the 


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1 taxpayer which is the principal residence (within the 

2 meaning of section 121) of the taxpayer. 

3 ‘‘(2) LIMITATION.—The aggregate amount 

4 treated as acquisition indebtedness for purposes of 

5 this section for any period shall not exceed the limi6 tation governing the maximum original principal ob7 ligation for a mortgage secured by a single-family 

8 residence, as determined and adjusted annually 

9 under section 302(b)(2) of the Federal National 

10 Mortgage Association Charter Act (12 U.S.C. 

11 1717(b)(2)) and section 305(a)(2) of the Federal 

12 Home Loan Mortgage Corporation Act (12 U.S.C. 

13 1454(a)(2)). 

14 ‘‘(3) TREATMENT OF MORTGAGE INSURANCE

15 PREMIUMS.—Rules similar to the rules of section 

16 163(h)(3)(E) shall apply. 

17 ‘‘(4) COOPERATIVE HOUSING CORPORATIONS; 

18 UNENFORCEABLE SECURITY INTERESTS; ESTATES

19 AND TRUSTS.—Rules similar to the rules of subpara20 graphs (B), (C), and (D) of section 163(h)(4) shall 

21 apply. 

22 ‘‘(c) ELECTION.—A taxpayer may elect not to have 

23 this section apply with respect to qualified mortgage inter24 est paid or accrued by the taxpayer for any taxable year. 


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1 ‘‘(d) COORDINATION WITH OTHER PROVISIONS.—No 

2 credit shall be allowed under this section for any taxable 

3 year with respect any residence if— 

4 ‘‘(1) a deduction is allowed for such taxable 

5 year under section 163 with respect to such resi6 dence, or 

7 ‘‘(2) a credit is allowed for such taxable year 

8 under section 25 with respect to such residence.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions for subpart A of part IV of subchapter A of 

11 chapter 1 of such Code is amended by inserting 

12 after the item relating to section 25 the following 

13 new item: 

‘‘Sec. 25A–1. Mortgage interest.’’. 

14 (b) COORDINATION WITH EXISTING CREDIT.— 

15 (1) IN GENERAL.—Section 25 of the Internal 

16 Revenue Code of 1986 is amended by adding at the 

17 end the following new subsections: 

18 ‘‘(j) ELECTION.—A taxpayer may elect not to have 

19 this section apply for any taxable year. 

20 ‘‘(k) COORDINATION.—No credit shall be allowed 

21 under this section for any taxable year with respect to if 

22 a credit is allowed for such taxable year under section 

23 25A–1 with respect to such residence.’’. 


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1 (2) CONFORMING AMENDMENT.—Section 

2 6501(m) of such Code is amended by inserting 

3 ‘‘25(j), 25A–1(c),’’ before ‘‘30B(h)(9)’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to taxable years beginning after 

6 December 31, 2020. 

7 SEC. 103. POSITIVE RENTAL HISTORY CREDIT ENHANCE8 MENT. 

9 Not later than 180 days after the date of enactment 

10 of this Act, the Director of the Federal Housing Finance 

11 Agency shall issue supervisory guidance requiring, to the 

12 greatest extent practicable, that not less than 5 percent 

13 of mortgages securitized by the Federal Home Loan Mort14 gage Corporation or the Federal National Mortgage Asso15 ciation by 2024 factor borrower opt-in positive rental pay16 ment history in the credit rating and underwriting process 

17 with respect to those mortgages. 

18 SEC. 104. INDIVIDUAL DEVELOPMENT ACCOUNTS. 

19 (a) IN GENERAL.—Section 416 of the Assets for 

20 Independence Act (42 U.S.C. 604 note) is amended by 

21 striking ‘‘$25,000,000 for each of fiscal years 1999, 2000, 

22 2001, 2002, and 2003,’’ and inserting ‘‘$100,000,000 for 

23 each of fiscal years 2022 through 2031,’’. 

24 (b) SET ASIDE.—An amount equal to 10 percent of 

25 the funds appropriated under section 416 of the Assets 


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1 for Independence Act (42 U.S.C. 604 note) in a fiscal year 

2 shall be set aside and transferred to the Restorative Hous3 ing Justice Fund established under section 113(h). 

4 SEC. 105. SHARED EQUITY HOMEOWNERSHIP INITIATIVE. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means— 

8 (A) a participating jurisdiction; and 

9 (B) an entity certified as a community de10 velopment financial institution by the Commu11 nity Development Financial Institutions Fund 

12 established under section 104(a) of the Riegle 

13 Community Development and Regulatory Im14 provement Act of 1994 (12 U.S.C. 4703(a)). 

15 (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 

16 household’’ means a household described in sub17 section (e). 

18 (3) PARTICIPATING JURISDICTION.—The term 

19 ‘‘participating jurisdiction’’ has the meaning given 

20 the term in section 92.2 of title 24, Code of Federal 

21 Regulations, or any successor regulation. 

22 (4) SHARED EQUITY HOME.—The term ‘‘shared 

23 equity home’’ means a dwelling unit serving an eligi24 ble household that utilizes a ground lease, deed reVerDate Sep 11 2014 19:26 Jul 12, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2234.IS S2234

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1 striction, subordinate loan, or similar legal mecha2 nism that includes provisions stating that— 

3 (A) the dwelling unit is intended to be kept 

4 affordable for subsequent eligible households; 

5 (B) the affordability term is not less than 

6 60 years after recordation; 

7 (C) a resale formula applies that limits the 

8 proceeds of the homeowner upon resale; and 

9 (D) the shared equity homeownership pro10 gram, its agent, or its assignee has a preemp11 tive option to purchase the dwelling unit from 

12 the homeowner at resale. 

13 (5) SHARED EQUITY HOMEOWNERSHIP PRO14 GRAM.—The term ‘‘shared equity homeownership 

15 program’’ means a program that— 

16 (A) provides access to shared equity homes 

17 for eligible households; and 

18 (B) is administered by community land 

19 trusts, other nonprofit organizations, or State 

20 or local governments or instrumentalities. 

21 (6) SUBSIDY TO COVER THE AFFORDABILITY

22 GAP.—The term ‘‘subsidy to cover the affordability 

23 gap’’ means the subsidy amount needed to make a 

24 dwelling unit affordable at a targeted area median 

25 income level in a targeted market, such as a census 


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1 tract, neighborhood, county, city, or metropolitan 

2 statistical area, that— 

3 (A) accounts for the number of bedrooms 

4 in a dwelling unit and the area median income 

5 adjusted for family size; and 

6 (B) shall be not be less than 20 percent of 

7 the median sales price in the targeted market. 

8 (b) ESTABLISHMENT.—The Secretary shall provide 

9 grants to eligible entities to establish and expand shared 

10 equity homeownership programs and shared equity homes, 

11 including through partnerships with nonprofit entities, 

12 community land trusts, or State or local governments or 

13 instrumentalities. 

14 (c) TYPES OF GRANTS.— 

15 (1) GRANTS FOR PLANNING AND CAPACITY

16 BUILDING.—The Secretary may award 3-year grants 

17 under this section to eligible entities to provide 

18 grants to nonprofit entities, community land trusts, 

19 or State or local governments or instrumentalities to 

20 develop shared equity homeownership programs or 

21 community land trusts or to plan and build capacity 

22 related to carrying out grant activities under this 

23 section. 

24 (2) GRANTS FOR EXPANDING THE NUMBER OF

25 SHARED EQUITY HOMES.—The Secretary may award 


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1 grants under this section to eligible entities to ex2 pand the number of shared equity homes in existing 

3 shared equity homeownership programs, which may 

4 include— 

5 (A) grants for acquisition and rehabilita6 tion or new construction to create shared equity 

7 homes and includes subsidy to cover the afford8 ability gap; and 

9 (B) grants to implement a buyer-initiated 

10 program, where eligible households identify 

11 homes in the market and bring them into the 

12 shared equity homeownership program, which 

13 may include subsidy to cover the affordability 

14 gap and funds necessary for rehabilitation or 

15 repair of the property. 

16 (3) LIMITATION.—The amount of grants pro17 vided under paragraph (1) in a fiscal year shall be 

18 limited to not more than 25 percent of the amount 

19 appropriated in the fiscal year under subsection (h). 

20 (d) ELIGIBLE GRANT EXPENSES.—An eligible entity 

21 receiving a grant under (c)(2) may use the funds— 

22 (1) to provide a developer with a subsidy to 

23 cover the affordability gap, which funds may be used 

24 to acquire properties and conduct rehabilitation or to 


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1 construct new homes before the property is con2 verted to shared equity homeownership; 

3 (2) for acquisition, rehabilitation, and develop4 ment expenses that are not covered by a subsidy 

5 provided under paragraph (1), including a developer 

6 fee; 

7 (3) for capitalization of repair and replacement 

8 reserves, which funds may be used for repair and re9 placement expenses between resales to repair or im10 prove a property so that a subsequent eligible house11 holds is not financially vulnerable due to deferred 

12 maintenance; 

13 (4) to provide initial stewardship funds to sup14 port the operations of the shared equity homeowner15 ship program; and 

16 (5) for the cost of administering the shared eq17 uity homeownership program, such as identifying 

18 and qualifying eligible households. 

19 (e) ELIGIBLE HOUSEHOLDS.—Shared equity home20 ownership programs receiving funds under this section 

21 may serve households with an income under 120 percent 

22 of the area median income, as adjusted for household size, 

23 based upon the needs of the targeted market. 

24 (f) TECHNICAL ASSISTANCE AND CAPACITY BUILD25 ING HUB.—The Secretary shall establish a dedicated 


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1 shared equity housing professional technical assistance 

2 hub entity to educate and engage with local partners to 

3 share best practices and otherwise facilitate the shared eq4 uity homeownership model. 

5 (g) ANNUAL REPORT.—The Secretary shall establish 

6 a data collection hub to which all eligible entities receiving 

7 a grant under this section shall report on an annual 

8 basis— 

9 (1) the number of shared equity homes created; 

10 (2) the number of households served; 

11 (3) eligible household demographic characteris12 tics; and 

13 (4) any other relevant demographic information 

14 required at the discretion of the Secretary. 

15 (h) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) IN GENERAL.—There is authorized to be 

17 appropriated to carry out this section 

18 $1,000,000,000 for each of fiscal years 2022 

19 through 2031. 

20 (2) SET ASIDE FOR FUND.—An amount equal 

21 to 20 percent of the funds appropriated under para22 graph (1) in a fiscal year shall be set aside and 

23 transferred to the Restorative Housing Justice Fund 

24 established under section 113(h). 


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1 SEC. 106. NATIONAL RIGHT OF FIRST REFUSAL. 

2 (a) FANNIE MAE.—Section 302 of the Federal Na3 tional Mortgage Association Charter Act (12 U.S.C. 1717) 

4 is amended by adding at the end the following: 

5 ‘‘(d) RIGHT OF FIRST REFUSAL.—The corporation 

6 may not sell or transfer any mortgage that is secured by 

7 a single-family or multi-family residential property that is 

8 a rental property unless the current tenant or the most 

9 recent tenant within the preceding 12-month period was 

10 given— 

11 ‘‘(1) not less than 20 days to indicate interest 

12 in purchasing the single-family home or dwelling 

13 unit in which the tenant resides; and 

14 ‘‘(2) not less than 45 additional days to initiate 

15 the application process of securing financing to pur16 chase the home or dwelling unit.’’. 

17 (b) FREDDIE MAC.—Section 305 of the Federal 

18 Home Loan Mortgage Corporation Act (12 U.S.C. 1454) 

19 is amended by adding at the end the following: 

20 ‘‘(e) RIGHT OF FIRST REFUSAL.—The Corporation 

21 may not sell or transfer any mortgage that is secured by 

22 a single-family or multi-family residential property that is 

23 a rental property unless the current tenant or the most 

24 recent tenant within the preceding 12-month period was 

25 given— 


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1 ‘‘(1) not less than 20 days to indicate interest 

2 in purchasing the single-family home or dwelling 

3 unit in which the tenant resides; and 

4 ‘‘(2) not less than 45 additional days to secure 

5 financing to purchase the home or dwelling unit.’’. 

6 (c) SPECIAL RULE FOR MANUFACTURED HOUSING

7 COMMUNITIES.— 

8 (1) DEFINITIONS.— 

9 (A) MANUFACTURED HOUSING COMMUNITY

10 COOPERATIVE OR CORPORATION.—The term 

11 ‘‘manufactured housing community cooperative 

12 or corporation’’ means a cooperative or non13 profit corporation established pursuant to the 

14 laws of the State in which the property used as 

15 a manufactured housing community. 

16 (B) QUALIFIED GAIN.—The term ‘‘quali17 fied gain’’ means the gain from the sale or ex18 change of real property comprised primarily of 

19 manufactured housing used solely for residen20 tial purposes. 

21 (2) RESIDENT RIGHT TO PURCHASE.— 

22 (A) IN GENERAL.—A taxpayer who is a 

23 party to a manufactured housing community 

24 sale or transfer or ownership shall be assessed 


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1 the tax penalty described in subparagraph (B) 

2 unless— 

3 (i) the residents of a manufactured 

4 housing community were given 60 days to 

5 form a manufactured housing community 

6 cooperative or corporation if no such entity 

7 currently exists; and 

8 (ii) the manufactured housing commu9 nity cooperative or corporation subjected to 

10 sale or exchange is given 90 days to ini11 tiate the application process of securing fi12 nancing to purchase the manufactured 

13 housing community. 

14 (B) TAX PENALTY.—The tax penalty de15 scribed in this subparagraph for any taxable 

16 year is an amount equal to 15 percent of the 

17 qualified gain received by the taxpayer during 

18 the taxable year. 

19 (d) TECHNICAL ASSISTANCE AND CAPACITY BUILD20 INGS GRANTS.— 

21 (1) IN GENERAL.—The Secretary shall award 

22 grants to organizations described in section 

23 501(c)(3) of the Internal Revenue Code and exempt 

24 from taxation under section 501(a) of such Code 

25 that are actively engaged in supporting affordable 


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1 housing and resident-owned manufactured housing 

2 communities. 

3 (2) APPROPRIATIONS.—There is authorized to 

4 be appropriated $10,000,000 for each of fiscal years 

5 2022 to 2031 to carry out this subsection. 

6 SEC. 107. NO CAUSE EVICTIONS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) LANDLORD.—The term ‘‘landlord’’— 

9 (A) means the owner, lessor, or sublessor 

10 of a residence; and 

11 (B) includes an individual who is author12 ized by an owner, lessor, or sublessor of a resi13 dence to— 

14 (i) manage the residence; or 

15 (ii) enter into a lease agreement for 

16 the residence. 

17 (2) RESIDENCE.—The term ‘‘residence’’— 

18 (A) means a non-commercial— 

19 (i) plot of real property; or 

20 (ii) dwelling; and 

21 (B) includes— 

22 (i) a tiny home that has not more 

23 than 400 square feet of living space; 

24 (ii) an accessory dwelling unit; 

25 (iii) an apartment; and 


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1 (iv) a manufactured home on a plot of 

2 real property leased from the landlord. 

3 (3) TENANT.—The term ‘‘tenant’’ means an in4 dividual who— 

5 (A) is not less than 18 years of age; and 

6 (B) has leased a residence for not fewer 

7 than 6 months. 

8 (b) PROHIBITION.—Subject to subsection (e), a land9 lord may not evict a tenant from a residence, unless— 

10 (1) there is not less than one just cause for the 

11 eviction under subsection (c); and 

12 (2) the landlord has followed the notice proce13 dure established under subsection (d). 

14 (c) JUST CAUSES FOR EVICTION BY A LANDLORD.— 

15 The following situations constitute just cause for a land16 lord to evict a tenant: 

17 (1) The intentional or negligent actions of the 

18 tenant cause substantial physical damage to the resi19 dence of the tenant. 

20 (2) The intentional actions of the tenant meas21 urably and demonstrably inhibit the quality of life of 

22 an individual who lives— 

23 (A) in the building where the residence of 

24 the tenant is located; or 


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1 (B) in the immediate vicinity of the resi2 dence of the tenant. 

3 (3) The tenant does not pay rent owed to the 

4 landlord for the residence of the tenant. 

5 (4) The tenant, in the residence of the tenant 

6 or in the immediate vicinity of the residence of the 

7 tenant, commits a crime— 

8 (A) that involves— 

9 (i) prostitution; commercial sexual so10 licitation, or the promotion of prostitution; 

11 (ii) the unlawful manufacture, deliv12 ery, or possession of a controlled sub13 stance; 

14 (iii) the manufacture of a cannabinoid 

15 extract, unless the tenant holds a license to 

16 manufacture the cannabinoid extract under 

17 Federal, State, or Tribal law; or 

18 (iv) burglary; and 

19 (B) which, at a trial for damages under 

20 this section, the landlord of the residence can 

21 prove by a preponderance of the evidence. 

22 (5) The tenant commits a crime that impacts— 

23 (A) the health or safety of individuals who 

24 live within the immediate vicinity of the resi25 dence of the tenant; or 


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1 (B) the right of individuals who live within 

2 the immediate vicinity of the residence of the 

3 tenant to peacefully enjoy the property of those 

4 individuals. 

5 (6) The landlord or an immediate relative of the 

6 landlord makes a measurable, demonstrable, and 

7 bona fide plan to occupy the residence. 

8 (7)(A) Local or State housing inspectors deter9 mine that the residence of the tenant is unsuitable 

10 for occupancy; and 

11 (B) the unsuitability of the residence is not a 

12 result of deferred maintenance of the residence by 

13 the landlord. 

14 (d) NOTICE PROCEDURE.—Before a landlord may 

15 evict a tenant, the landlord shall provide the following no16 tice: 

17 (1) The landlord shall provide the tenant with 

18 an initial eviction notice not fewer than 6 months 

19 before the eviction takes place that— 

20 (A) states the just cause for the eviction 

21 under subsection (c); and 

22 (B) if the just cause stated under subpara23 graph (A) is described in paragraphs (1) 

24 through (3) of subsection (c) and the tenant 

25 can remedy the just cause, provides the tenant 


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1 with 15 days to correct the actions of the ten2 ant. 

3 (2) Not sooner than 30 days after providing the 

4 initial eviction notice under paragraph (1), the land5 lord shall provide the tenant with a second eviction 

6 notice that— 

7 (A) states the just cause for the eviction 

8 under subsection (c); and 

9 (B) if the just cause stated under subpara10 graph (A) is described in paragraphs (1) 

11 through (3) of subsection (c) and the tenant 

12 can remedy the just cause, provides the tenant 

13 with 15 days to correct the actions of the ten14 ant. 

15 (e) EXCEPTIONS.—A landlord may evict a tenant 

16 from a residence without a just cause for the eviction 

17 under subsection (c) or providing the notice required 

18 under subsection (d) for one or more of the following rea19 sons: 

20 (1)(A) The tenant intentionally provided a sub21 stantial amount of false information relating to a 

22 criminal conviction of the tenant on a rental applica23 tion for the residence; 


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1 (B) the conviction described in subparagraph 

2 (A) occurred not less than 1 year before the date of 

3 the submission of the application; 

4 (C) the landlord would not have entered into a 

5 rental agreement for the residence with the tenant 

6 if the landlord had known that the information de7 scribed in subparagraph (A) was false; and 

8 (D) the landlord terminates the rental agree9 ment of the tenant not later than 30 days after the 

10 date on which the landlord discovered that the infor11 mation described in subparagraph (A) was false. 

12 (2) The tenant commits domestic violence, dat13 ing violence, sexual assault, or stalking against a 

14 member of the household of the tenant. 

15 (f) PENALTY.—A landlord who violates subsection (b) 

16 shall pay to the tenant a sum not less than 6 times the 

17 median monthly rent price for the area in which the resi18 dence of the tenant is located. 

19 (g) DUTY TO EVICT.— 

20 (1) If a landlord knows that a tenant has com21 mitted domestic violence, dating violence, sexual as22 sault, or stalking against a member of the household 

23 of the tenant, the landlord shall— 


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1 (A) take steps to exclude, evict, or other2 wise expel the tenant from the residence of the 

3 tenant; and 

4 (B) permit the member of the household of 

5 the tenant to continue living in the residence. 

6 (h) TENANT RIGHT TO TERMINATE LEASE.— 

7 (1) IN GENERAL.—A tenant may terminate the 

8 lease agreement for the residence of the tenant and 

9 any immediate family members of the tenant if— 

10 (A) the tenant provides the landlord of the 

11 residence written notice not less than 14 days 

12 before the date on which the tenant terminates 

13 the lease agreement; 

14 (B)(i) the tenant is protected by a valid 

15 order of protection; or 

16 (ii) not more than 90 days before the date 

17 on which the tenant provides the landlord the 

18 notice described in subparagraph (A), the ten19 ant has been the victim of domestic violence, 

20 dating violence, sexual assault, or stalking; 

21 (C) the tenant provides the landlord with 

22 a document that verifies the condition described 

23 in subparagraph (B), which includes the signa24 ture or seal of— 

25 (i) a court; 


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1 (ii) a State or local governmental au2 thority; or 

3 (iii) an entity that serves victims of— 

4 (I) domestic violence; 

5 (II) dating violence; 

6 (III) sexual assault; or 

7 (IV) stalking; and 

8 (D) the tenant vacates the residence not 

9 later than 14 days after the date on which the 

10 tenant provides the notice described in subpara11 graph (A). 

12 (2) EFFECT OF TERMINATION.—If a tenant ter13 minates a lease agreement for the residence of the 

14 tenant under paragraph (1)— 

15 (A) the tenant is not liable for any unpaid 

16 rent for the period of time beginning on the 

17 date that is— 

18 (i) 14 days after the tenant gives the 

19 landlord notice under paragraph (1)(A); or 

20 (ii) agreed upon in the lease agree21 ment; and 

22 (B) not later than 21 days after receiving 

23 the notice described in paragraph (1)(A), the 

24 landlord shall return to the tenant— 


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1 (i) the appropriate share of a security 

2 deposit of the tenant; and 

3 (ii) in the case that it is not possible 

4 to discern the appropriate share of a secu5 rity deposit of the tenant to be returned, 

6 not less than 20 percent of the security de7 posit of the tenant. 

8 (i) SAVINGS CLAUSES.—Nothing in this section shall 

9 be construed to supersede or preempt— 

10 (1) any provision of law enacted by a State or 

11 local government that provides greater protections 

12 for tenants than provided in this section; or 

13 (2) any provision of section 41411 of the Vio14 lence Against Women Act of 1994 (34 U.S.C. 

15 12491) that offers greater protections to individuals 

16 residing in federally assisted housing that are vic17 tims of— 

18 (A) domestic violence; 

19 (B) dating violence; 

20 (C) sexual assault; or 

21 (D) stalking. 

22 SEC. 108. RIGHT TO COUNSEL. 

23 (a) PURPOSE.—The purpose of this section is to— 

24 (1) establish funding for State governments, 

25 local governments, or Indian Tribes that have estabVerDate Sep 11 2014 19:26 Jul 12, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2234.IS S2234

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1 lished a Right to Counsel through legislation for cov2 ered individuals who are facing— 

3 (A) eviction; 

4 (B) a termination of a housing subsidy; or 

5 (C) foreclosure; 

6 (2) provide counsel to the most vulnerable pop7 ulations; 

8 (3) allow governing bodies to tailor the Right to 

9 Counsel to fit the unique needs of the community of 

10 the governing body, including by setting eligibility 

11 requirements for individuals who receive the Right to 

12 Counsel; and 

13 (4) guarantee that— 

14 (A) covered individuals have a legal right 

15 to receive full legal representation at no cost; 

16 (B) covered individuals are not denied a 

17 Right to Counsel for discretionary reasons; and 

18 (C) funding for a State government, a 

19 local government, or an Indian Tribe with a 

20 Right to Counsel continues as long as the State 

21 government, local government, or Indian Tribe 

22 complies with— 

23 (i) the plan outlined in the application 

24 of the State government, local government, 

25 or Indian Tribe; and 


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1 (ii) the reporting requirements de2 scribed in subsection (f). 

3 (b) DEFINITIONS.—In this section: 

4 (1) AFFIRMATIVE CASE.—The term ‘‘affirma5 tive case’’ means any housing-related lawsuit in 

6 which a covered individual is not a defendant, which 

7 may include a lawsuit designed to— 

8 (A) compel a landlord to make a necessary 

9 repair to a residence; 

10 (B) enjoin the harassment of a tenant by 

11 a landlord; 

12 (C) remedy mortgage or rental lease fraud; 

13 and 

14 (D) remedy— 

15 (i) an instance of discrimination 

16 against a tenant or prospective tenant by 

17 a landlord; 

18 (ii) discrimination in lending; 

19 (iii) discrimination under the Fair 

20 Housing Act (42 U.S.C. 3601 et seq.); or 

21 (iv) any other instance of discrimina22 tion that is directly related to housing. 

23 (2) COVERED INDIVIDUAL.—The term ‘‘covered 

24 individual’’— 

25 (A) means an individual who— 


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1 (i) meets the eligibility requirements 

2 of an eligible entity established in the 

3 Right to Counsel legislation of the eligible 

4 entity; and 

5 (ii) is a defendant or plaintiff in a 

6 covered proceeding that takes place within 

7 the geographic boundaries of the eligible 

8 entity described in clause (i); and 

9 (B) includes any individual described in 

10 subparagraph (A) who is— 

11 (i) a tenant of any type of rental 

12 housing, including public housing; 

13 (ii) a homeowner of any type of home, 

14 including a tiny home or a manufactured 

15 home; 

16 (iii) a tenant or homeowner with a 

17 terminated housing subsidy; or 

18 (iv) a tenant or homeowner who has 

19 received notice that the housing subsidy of 

20 the tenant or homeowner will be termi21 nated. 

22 (3) COVERED PROCEEDING.—The term ‘‘cov23 ered proceeding’’ means a civil action in a court or 

24 administrative forum— 

25 (A) for— 


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1 (i) eviction from the primary residence 

2 of a tenant; 

3 (ii) the termination of a housing sub4 sidy; 

5 (iii) foreclosure on the primary resi6 dence of a homeowner; and 

7 (iv) an affirmative case, if the eligible 

8 entity meets the requirement under sub9 section (c)(2)(B); and 

10 (B) that an eligible entity chooses to cover 

11 in the Right to Counsel legislation of the eligi12 ble entity. 

13 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti14 ty’’ means a State government, a local government, 

15 or an Indian Tribe with a Right to Counsel. 

16 (5) HOUSING-RELATED LEGAL REPRESENTA17 TION.—The term ‘‘housing-related legal representa18 tion’’— 

19 (A) means full legal representation by a 

20 Right to Counsel attorney for a covered indi21 vidual in a covered proceeding; and 

22 (B) includes full legal representation on an 

23 appeal from a covered proceeding. 

24 (6) HOUSING SUBSIDY.—The term ‘‘housing 

25 subsidy’’ means Federal, State, or local monetary 


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1 assistance for a rental or mortgage payment, such as 

2 a voucher. 

3 (7) IMPLEMENTATION PERIOD.—The term ‘‘im4 plementation period’’ means the 5-year period dur5 ing which an eligible entity gradually increases the 

6 capacity of the eligible entity to provide housing-re7 lated legal representation to covered individuals. 

8 (8) LEGAL SERVICE PROVIDER.—The term 

9 ‘‘legal service provider’’ means a nonprofit organiza10 tion that— 

11 (A) provides housing-related legal rep12 resentation on behalf of an eligible entity to 

13 covered individuals; and 

14 (B) receives compensation from the eligible 

15 entity for providing the housing-related legal 

16 representation described in subparagraph (A). 

17 (9) LOCAL GOVERNMENT.—The term ‘‘local 

18 government’’ includes the government of a city, 

19 town, township, county, parish, village, or any other 

20 subdivision of a State. 

21 (10) PUBLIC HOUSING.—The term ‘‘public 

22 housing’’ has the meaning given the term in section 

23 3(b) of the United States Housing Act of 1937 (42 

24 U.S.C. 1437a(b)). 


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1 (11) RIGHT TO COUNSEL.—The term ‘‘Right to 

2 Counsel’’ means a right established by a State gov3 ernment, a local government, or an Indian Tribe 

4 that— 

5 (A) is created through Right to Counsel 

6 legislation; 

7 (B) guarantees housing-related legal rep8 resentation at no cost to— 

9 (i) during the implementation period, 

10 the amount of covered individuals the eligi11 ble entity identifies in the plan required 

12 under subsection (d)(2)(B); and 

13 (ii) after the implementation period 

14 ends, every covered individual; and 

15 (C) may be contingent upon the receipt of 

16 a certification by the Secretary under sub17 section (e). 

18 (12) RIGHT TO COUNSEL ATTORNEY.—The 

19 term ‘‘Right to Counsel attorney’’ means an attor20 ney— 

21 (A) employed by a legal service provider; or 

22 (B) who, under the supervision of a legal 

23 service provider— 

24 (i) provides housing-related legal rep25 resentation to a covered individual; or 


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1 (ii) works on an affirmative case. 

2 (13) RIGHT TO COUNSEL LEGISLATION.—The 

3 term ‘‘Right to Counsel legislation’’ means legisla4 tion of a State government, a local government, or 

5 an Indian Tribe that— 

6 (A) establishes a Right to Counsel; 

7 (B) identifies eligibility requirements for 

8 covered individuals, which may not— 

9 (i) discriminate against any individual 

10 on the basis of— 

11 (I) the criminal record, gender 

12 identity, gender expression, sexual ori13 entation, family status, age, national 

14 origin, disability, genetic information, 

15 family medical history, eviction his16 tory, or foreclosure history of the indi17 vidual; 

18 (II) the immigration status or 

19 prior immigration status of the indi20 vidual, except as required by Legal 

21 Services Corporation law and regula22 tions; or 

23 (III) any other protected status; 


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1 (C) identifies the type of covered pro2 ceedings the eligible entity will include in the 

3 Right to Counsel; and 

4 (D) provides for a not more than 5-year 

5 implementation period. 

6 (c) FEDERAL REIMBURSEMENTS.— 

7 (1) IN GENERAL.—Each fiscal year, the Sec8 retary shall reimburse an eligible entity for the total 

9 cost of implementing and maintaining a Right to 

10 Counsel if the Right to Counsel has a certification 

11 from the Secretary under subsection (e). 

12 (2) USE OF FUNDS.— 

13 (A) IN GENERAL.—The cost described in 

14 paragraph (1) may include— 

15 (i) personnel costs; 

16 (ii) operational costs; 

17 (iii) administrative costs; and 

18 (iv) the cost of support services. 

19 (B) LIMITATION.— 

20 (i) AFFIRMATIVE CASES.—Not more 

21 than 5 percent of the cost described in 

22 paragraph (1) may be used to provide rep23 resentation for covered individuals in an 

24 affirmative case. 


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1 (ii) OTHER PROCEEDINGS FA2 VORED.—An eligible entity may only pro3 vide representation for a covered individual 

4 in an affirmative case if the provision does 

5 not interfere with the ability of the eligible 

6 entity to provide representation to covered 

7 individuals for covered proceedings that 

8 are not affirmative proceedings. 

9 (d) APPLICATION.— 

10 (1) IN GENERAL.—An eligible entity that de11 sires a reimbursement from the Secretary under 

12 subsection (c) shall submit to the Secretary an appli13 cation at such time, in such manner, and accom14 panied by such information as the Secretary may 

15 reasonably require. 

16 (2) CONTENTS.—Each application submitted 

17 under paragraph (1) shall include the following: 

18 (A) If the Right to Counsel of the eligible 

19 entity covers actions for eviction, statistical 

20 data that shows, within the geographic bound21 aries of the eligible entity— 

22 (i) the number of actions for eviction 

23 that were filed against individuals; 


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1 (ii) the number of orders for eviction 

2 that were granted as a result of an action 

3 described in clause (i); 

4 (iii) the number of actions for fore5 closure that were filed against individuals; 

6 (iv) the number of foreclosures that 

7 were granted as a result of an action de8 scribed in clause (iii); 

9 (v) the percentage of the individuals 

10 described in clauses (i) and (iii) that were 

11 represented by an attorney in the eviction 

12 or foreclosure proceeding; and 

13 (vi) to the greatest extent practicable, 

14 the household income level of the individ15 uals described in clauses (i) and (iii). 

16 (B) A detailed plan for the implementation 

17 period of the Right to Counsel of the eligible 

18 entity that includes— 

19 (i) a timeline that describes the grad20 ual increase in the number of covered indi21 viduals who receive housing-related legal 

22 representation at no cost; 

23 (ii) an assurance that key stake24 holders, including legal service providers 

25 and community organizations— 


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•S 2234 IS

1 (I) were included in the formula2 tion of the plan; and 

3 (II) will be included in the execu4 tion of the plan; and 

5 (iii) proposed methods to increase the 

6 rate of housing-related legal representation 

7 for covered individuals. 

8 (e) CERTIFICATION.— 

9 (1) IN GENERAL.—The Secretary shall certify 

10 the Right to Counsel of an eligible entity if the eligi11 ble entity submits an application meeting the re12 quirements under subsection (d). 

13 (2) 3-YEAR REVIEW.— 

14 (A) IN GENERAL.—A certification of the 

15 Secretary under paragraph (1) shall be effective 

16 for a 3-year period. 

17 (B) RECERTIFICATION.—The Secretary 

18 shall extend the certification of the Right to 

19 Counsel of an eligible entity for an additional 3- 

20 year period if— 

21 (i) the eligible entity submits an addi22 tional application under subsection (d); 

23 and 

24 (ii) the additional application meets 

25 the requirements under subsection (d). 


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1 (f) REPORTS.— 

2 (1) IN GENERAL.—Not less frequently than an3 nually, each eligible entity receiving a reimbursement 

4 from the Secretary under subsection (c) shall submit 

5 to the Secretary each of the following reports: 

6 (A) For an eligible entity that is under an 

7 implementation period, a report summarizing 

8 the progress of the plan described in subsection 

9 (d)(2)(B). 

10 (B) A report that includes— 

11 (i) an estimation of the number of 

12 covered individuals who live in the geo13 graphic boundaries of the eligible entity; 

14 and 

15 (ii) statistical information relating to 

16 eviction and foreclosure proceedings han17 dled by Right to Counsel attorneys of the 

18 eligible entity, including, to the greatest 

19 extent practicable, for each proceeding— 

20 (I) the race of each covered indi21 vidual; 

22 (II) the age of each covered indi23 vidual; 

24 (III) the household income of 

25 each covered individual; 


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1 (IV) the number of individuals 

2 included in the household of the cov3 ered individual; 

4 (V) the type of property at issue; 

5 and 

6 (VI) whether the covered indi7 vidual or a member of the household 

8 of the covered individual was a victim 

9 of domestic violence, dating violence, 

10 sexual assault, or stalking. 

11 (C) For an eligible entity with covered pro12 ceedings that include actions for eviction, a re13 port that includes, for the previous year— 

14 (i) information with respect to the eli15 gible entity on— 

16 (I) the rate of eviction filings; 

17 (II) the number of evictions that 

18 were ordered; 

19 (III) the number of evictions that 

20 were executed; and 

21 (IV) the percentage of individuals 

22 who were represented by an attorney 

23 of an eviction proceeding; 

24 (ii) information on the resolution of 

25 each eviction proceeding handled by Right 


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1 to Counsel attorneys on behalf of the eligi2 ble entity, including— 

3 (I) whether the covered indi4 vidual was permitted to stay in the 

5 residence of the covered individual; 

6 (II) whether the covered indi7 vidual was displaced from the resi8 dence of the covered individual; and 

9 (III) in the case of a covered in10 dividual who was permitted to stay in 

11 the residence of the covered indi12 vidual— 

13 (aa) whether the landlord 

14 was ordered to perform repairs; 

15 and 

16 (bb) the amount of damages 

17 either party to the proceeding 

18 was ordered to pay; and 

19 (iii) information on eviction pro20 ceedings handled by Right to Counsel at21 torneys on behalf of the eligible entity in 

22 which the Right to Counsel attorney with23 drew or was discharged from the pro24 ceeding. 


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1 (D) For an eligible entity with covered pro2 ceedings that include actions for foreclosure, a 

3 report that includes, for the previous year— 

4 (i) information with respect to the eli5 gible entity on— 

6 (I) the number of individuals who 

7 were defendants in a foreclosure pro8 ceeding; and 

9 (II) the percentage of the individ10 uals described in subclause (I) that 

11 were represented by an attorney; and 

12 (ii) information on the resolution of 

13 each foreclosure proceeding handled by 

14 Right to Counsel attorneys on behalf of the 

15 eligible entity, including— 

16 (I) whether the covered indi17 vidual retained possession of the resi18 dence of the covered individual; 

19 (II) whether the covered indi20 vidual was displaced from the resi21 dence of the covered individual; 

22 (III) whether any payment plans 

23 were agreed upon; 

24 (IV) the default amount at issue; 


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•S 2234 IS

1 (V) the value of the home on the 

2 date on which the foreclosure pro3 ceeding began; and 

4 (VI) if applicable, the sale price 

5 of the home at foreclosure sale. 

6 (2) PERSONALLY IDENTIFYING INFORMATION

7 REMOVED.—In each report submitted under para8 graph (1), an eligible entity shall remove the person9 ally identifying information of any covered indi10 vidual. 

11 (g) PLANNING GRANTS.— 

12 (1) IN GENERAL.—Each fiscal year, the Sec13 retary shall award grants in the amount of $100,000 

14 to each eligible entity that submits an application 

15 under paragraph (3) for the purpose of preparing an 

16 application under subsection (d). 

17 (2) LIMITATION.—The total amount of grants 

18 made under paragraph (1) shall not exceed 

19 $2,500,000 in a fiscal year, to be provided to eligible 

20 entities described in that paragraph on a first-come, 

21 first-served basis. 

22 (3) PLANNING GRANT APPLICATION.— 

23 (A) IN GENERAL.—An eligible entity that 

24 desires a grant under paragraph (1) shall sub25 mit to the Secretary an application at such 


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•S 2234 IS

1 time, in such manner, and accompanied by such 

2 information as the Secretary may reasonably 

3 require. 

4 (B) CONTENTS.—An application submitted 

5 under subparagraph (A) shall include an esti6 mation of the number of covered individuals the 

7 Right to Counsel of the eligible entity will serve. 

8 (h) INDEPENDENT COMMISSION STUDY.—The Sec9 retary shall conduct a study to analyze the feasibility of 

10 establishing an independent commission or another inde11 pendent regulatory body to administer Right to Counsel 

12 funding under this section. 

13 (i) ESTABLISHMENT OF FUND.— 

14 (1) IN GENERAL.—There is established in the 

15 Treasury of the United States a fund consisting of 

16 the amounts authorized to be appropriated under 

17 paragraph (2). 

18 (2) DEPOSITS TO THE FUND.—There are au19 thorized to be appropriated and there are appro20 priated to the fund established under paragraph (1) 

21 such sums as may be necessary for each fiscal year 

22 for the cost of— 

23 (A) the reimbursements required under 

24 subsection (c); 


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1 (B) the grants required under subsection 

2 (g); and 

3 (C) the study required under subsection 

4 (h). 

5 SEC. 109. LANDLORD GUARANTEE PROGRAM. 

6 (a) ESTABLISHMENT.—The Secretary shall develop 

7 and implement a Landlord Guarantee Program (in this 

8 section referred to as the ‘‘Program’’), to be administered 

9 by public housing agencies, to provide financial assistance 

10 to landlords to mitigate damages caused by tenants receiv11 ing tenant-based rental assistance under section 8(o) of 

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

13 1437f(o)). 

14 (b) ELIGIBILITY.—In order to receive assistance 

15 under the Program, a landlord shall— 

16 (1) obtain judgment against the tenant from 

17 the public housing agency with jurisdiction over the 

18 property; 

19 (2) submit to the Secretary an application to 

20 receive assistance under the Program not later than 

21 1 year after the date on which the landlord obtains 

22 judgment under paragraph (1); and 

23 (3) rent to a tenant with a valid guarantee. 

24 (c) USE OF FUNDS.—Amounts received under the 

25 Program shall only be used for reimbursing amounts in 


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1 a judgment described in subsection (b) that are related 

2 to property damage, unpaid rent, or other damages, in3 cluding damages— 

4 (1) caused as a result of the occupancy of the 

5 tenant, including where the tenant is a victim of do6 mestic violence, dating violence, sexual assault, or 

7 stalking; 

8 (2) that exceed normal wear and tear; and 

9 (3) that are in excess of $500 but not more 

10 than $5,000 per tenancy. 

11 (d) FEES.—The Secretary shall assess and collect a 

12 fee from each landlord that participates in the Program 

13 that is equal to 1 percent of the rental value of the prop14 erty for which the landlord seeks to mitigate damages 

15 caused by tenants. 

16 (e) TENANT ACCOUNTABILITY.—A tenant shall be el17 igible for not more than 2 claims under the Program every 

18 10 years. 

19 (f) LANDLORD ACCOUNTABILITY.—A landlord shall 

20 be eligible for not more than 1 claim under the Program 

21 per dwelling unit every 10 years. 

22 (g) FUND.—There is established in the Treasury of 

23 the United States a fund to be known as the Landlord 

24 Guarantee Program Fund, into which shall be deposited— 

25 (1) amounts appropriated to the fund; and 


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1 (2) all amounts collected as fees under sub2 section (d). 

3 (h) REGULATIONS.—The Secretary shall issue regu4 lations to implement the Program, including regulations 

5 relating to— 

6 (1) additional qualifications and requirements 

7 that a landlord is required to meet to receive assist8 ance under the Program; and 

9 (2) the form of application that a landlord shall 

10 submit to the Secretary to receive assistance under 

11 the Program. 

12 SEC. 110. INCLUDING ALL FORMS OF HOUSING IN HUD 

13 CONSOLIDATED PLAN. 

14 (a) DEFINITION OF CONSOLIDATED PLAN.—In this 

15 section, the term ‘‘consolidated plan’’ means a comprehen16 sive housing affordability strategy and community devel17 opment plan required under part 91 of title 24, Code of 

18 Federal Regulations, or any successor regulation. 

19 (b) ISSUANCE OF GUIDELINES RELATING TO NON20 TRADITIONAL FORMS OF AFFORDABLE HOUSING.—The 

21 Secretary shall issue regulations that require that each 

22 grantee that is required to submit a consolidated plan 

23 shall include, to the greatest extent practicable, actionable 

24 plans to incorporate and preserve in the overall affordable 

25 housing stock— 


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1 (1) modular housing constructed in accordance 

2 with State, local, or regional site-built building 

3 codes; 

4 (2) single room occupancy units; 

5 (3) emergency shelters, including dwelling units 

6 under 400 square feet and supportive tiny housing 

7 villages; 

8 (4) shared equity homes, including community 

9 land trusts; and 

10 (5) cooperative housing ownership models. 

11 SEC. 111. PROHIBITING DISCRIMINATION AGAINST VOUCH12 ER HOLDERS. 

13 (a) IN GENERAL.—The Fair Housing Act (42 U.S.C. 

14 3601 et seq.) is amended— 

15 (1) in section 802 (42 U.S.C. 3602), by adding 

16 at the end the following: 

17 ‘‘(p) ‘Source of income’ means lawful, verifiable in18 come paid directly to a tenant or to a representative of 

19 a tenant, or paid to a housing owner or landlord on behalf 

20 of a tenant, including Federal rent subsidy payments 

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

22 (42 U.S.C. 1437f) and any other local, State, or Federal 

23 housing or financial assistance.’’; 


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1 (2) in section 804 (42 U.S.C. 3604), by insert2 ing ‘‘source of income,’’ after ‘‘familial status,’’ each 

3 place that term appears; 

4 (3) in section 805 (42 U.S.C. 3605)— 

5 (A) in subsection (a), by inserting ‘‘source 

6 of income,’’ after ‘‘familial status,’’; and 

7 (B) in subsection (c), by inserting ‘‘source 

8 of income,’’ after ‘‘handicap,’’; 

9 (4) in section 806 (42 U.S.C. 3606), by insert10 ing ‘‘source of income,’’ after ‘‘familial status,’’; and 

11 (5) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), 

12 by inserting ‘‘source of income,’’ after ‘‘handicap,’’. 

13 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS14 ING CASES.—Section 901 of the Civil Rights Act of 1968 

15 (42 U.S.C. 3631) is amended by inserting ‘‘source of in16 come (as defined in section 802),’’ before ‘‘or national ori17 gin’’ each place that term appears. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $50,000,000 for each of fiscal years 2022 through 2031. 

21 SEC. 112. FAIR MARKET RENT APPEAL. 

22 (a) DEFINITIONS.—In this section: 

23 (1) FAIR MARKET RENT.—The term ‘‘fair mar24 ket rent’’ means the applicable fair market rental esVerDate Sep 11 2014 19:26 Jul 12, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2234.IS S2234

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1 tablished under section 8(c) of the United States 

2 Housing Act of 1937 (42 U.S.C. 1437f(c)). 

3 (2) SUCCESSFUL FAIR MARKET RENT AP4 PEAL.—The term ‘‘successful fair market rent ap5 peal’’ means a reevaluation of a fair market rent re6 sulting in a revised fair market rent that is not less 

7 than 3 percent higher than the fair market rent for 

8 the preceding year. 

9 (b) FAIR MARKET RENT APPEAL.—In the case of an 

10 appeal made by a public housing agency of a fair market 

11 rent established by the Secretary, the Secretary shall— 

12 (1) calculate and publish estimates of historical 

13 underfunding over the preceding 10-year period due 

14 to fair market rents that are below true market 

15 value; and 

16 (2) if the Secretary determines that the fair 

17 market rent calculation was below true market 

18 value, reimburse the public housing agency or non19 profit owner of a residential dwelling unit subject to 

20 fair market rent an amount equal to 75 percent of 

21 the estimated underpayment caused by the inac22 curate fair market rent calculation. 

23 (c) SURVEY.—The Secretary shall enter into a memo24 randum of agreement with a State housing finance agency 

25 to conduct a statewide rental market survey if a State exVerDate Sep 11 2014 19:26 Jul 12, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S2234.IS S2234

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1 periences more than 2 successful fair market rent appeals 

2 within the preceding 5 calendar years. 

3 (d) REIMBURSEMENT FOR SUCCESSFUL FAIR MAR4 KET RENT APPEALS.—The Secretary shall grant an 

5 amount equal the actual direct expenses incurred by a 

6 public housing agency associated with a successful fair 

7 market rent appeal. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated such sums as may be nec10 essary to carry out this section for each of fiscal years 

11 2022 through 2031. 

12 SEC. 113. OFFICE OF RESTORATIVE HOUSING JUSTICE. 

13 (a) DEFINITION OF COVERED GEOGRAPHIC AREA.— 

14 In this section, the term ‘‘covered geographic area’’ means 

15 a geographic area that is— 

16 (1) within 20 miles of— 

17 (A) an area that was subject to an Urban 

18 Renewal Loan and Grant Contract from the 

19 Department of Housing and Urban Develop20 ment; or 

21 (B) an area designated by the Home Own22 ers’ Loan Corporation as ‘‘C—Definitely De23 clining’’ or ‘‘D—Hazardous’’; and 

24 (2) within the service area of a single public 

25 housing agency. 


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1 (b) ESTABLISHMENT.—The Secretary shall establish 

2 within the Department of Housing and Urban Develop3 ment an Office of Restorative Housing Justice (in this sec4 tion referred to as the ‘‘Office’’) to execute an affordable 

5 housing assistance preference policy for individuals and 

6 the parents, grandparents, or primary caretakers of people 

7 who— 

8 (1)(A) lost title to a personal residential prop9 erty or at any point possessed title to real property 

10 in a covered geographic area; or 

11 (B) were displaced from a tenancy or estab12 lished residence in a covered geographic area; and 

13 (2) seek to return to an area that was histori14 cally a covered geographic area. 

15 (c) PUBLIC HOUSING AGENCIES.— 

16 (1) IN GENERAL.—Each public housing agency 

17 with a geographic service area that includes a cov18 ered geographic area shall be eligible to receive fund19 ing from the Office to carry out an affordable hous20 ing assistance preference policy in accordance with 

21 subsection (h). 

22 (2) ADDITIONAL EXPENSES.—A public housing 

23 agency may use not more than 10 percent of the 

24 funding received from the Office in a fiscal year for 

25 administration and education purposes. 


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1 (d) DIRECTOR.—The Office shall be headed by a Di2 rector, who shall be appointed by the Secretary. 

3 (e) OFFICE OF THE OMBUDSPERSON.— 

4 (1) ESTABLISHMENT.—There is established 

5 within the Office an Office of the Ombudsperson, 

6 which shall be— 

7 (A) responsible for— 

8 (i) ensuring that the National Advi9 sory Council and the Community Advisory 

10 Council established under subsections (f) 

11 and (g), respectively, are carrying out the 

12 intended mission of the Office; and 

13 (ii) advocating for individuals who are 

14 seeking housing assistance through the 

15 housing assistance preference policy estab16 lished under subsection (h); and 

17 (B) an impartial, confidential resource that 

18 is fully independent of the Department of 

19 Housing and Urban Development and the Of20 fice. 

21 (2) OMBUDSPERSON.— 

22 (A) IN GENERAL.—The Office of the 

23 Ombudsperson shall be headed by an 

24 Ombudsperson, who shall— 


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1 (i) be a career employee in the Senior 

2 Executive Service, as defined in section 

3 3132(a) of title 5, United States Code; and 

4 (ii) have demonstrated experience in 

5 housing law and racial equity work. 

6 (B) DUTIES.—The Ombudsperson shall— 

7 (i) monitor the National Advisory 

8 Council and the Community Advisory 

9 Council established under subsections (f) 

10 and (g), respectively, and the Office for 

11 compliance with applicable laws and stand12 ards, including by investigating— 

13 (I) claims of— 

14 (aa) inadequate use of 

15 funds; 

16 (bb) inequitable implementa17 tion of the preference policy es18 tablished under subsection (h); 

19 and 

20 (cc) inaccurate covered geo21 graphic areas; and 

22 (II) complaints against the Office 

23 and each of the Councils; 

24 (ii) not less frequently than quarterly, 

25 invite community stakeholders, tenants’ 


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1 rights organizations, and others to partici2 pate in a meeting to ensure that 

3 Ombudsperson is aware of stakeholder con4 cerns and priorities and to provide feed5 back on stakeholder requests; and 

6 (iii) establish regional offices to the 

7 Office of the Ombudsperson to sure the in8 clusion of pertinent local and regional 

9 issues, trends, and challenges for consider10 ation by the Ombudsperson. 

11 (C) SUBPOENA POWER.—The 

12 Ombudsperson may— 

13 (i) issue a subpoena to require the 

14 production of all information, reports, and 

15 other documentary evidence necessary to 

16 carry out the duties of the Ombudsperson; 

17 and 

18 (ii) invoke the aid of any appropriate 

19 court of the United States. 

20 (D) REPORTING MECHANISMS.—The 

21 Ombudsperson shall establish and maintain— 

22 (i) a toll free telephone number to re23 ceive complaints and reports of matters for 

24 investigation; 


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1 (ii) an email address to receive com2 plaints, such reports, and requests for re3 view of housing preference determinations; 

4 and 

5 (iii) a website to receive complaints 

6 and reports for matter of investigation. 

7 (f) NATIONAL ADVISORY COUNCIL.— 

8 (1) IN GENERAL.—The Director of the Office 

9 shall establish within the Office an advisory council, 

10 which shall— 

11 (A) be composed of 10 members, of 

12 whom— 

13 (i) one shall be the Director of the Of14 fice; 

15 (ii) two shall be representatives from 

16 national nonprofit civil rights organizations 

17 and appointed by the Director; 

18 (iii) two shall be representatives from 

19 national tenant rights organizations and 

20 appointed by the Director; 

21 (iv) three shall be individuals eligible 

22 for assistance under this section and ap23 pointed by the Director; and 

24 (v) two shall be appointed by the Sec25 retary at the discretion of the Secretary; 


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1 (B) submit to Congress an annual report 

2 in partnership with a housing and homelessness 

3 innovation research center established under 

4 section 401; 

5 (C) provide technical assistance to annual 

6 action plans submitted by a community advi7 sory council established under subsection (g); 

8 and 

9 (D) submit annual recommendations relat10 ing to the policies and regulations of the Office. 

11 (g) COMMUNITY ADVISORY COUNCIL.— 

12 (1) IN GENERAL.—Each public housing agency 

13 shall establish a community advisory council, which 

14 shall— 

15 (A) establish an annual action plan, which 

16 shall— 

17 (i) be submitted to the National Advi18 sory Council established under subsection 

19 (f); 

20 (ii) govern the release of funds under 

21 this section and administer the preference 

22 scale established under subsection (h); and 

23 (iii) include demographic data and in24 formation on how funds released under 


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1 this section were used during the preceding 

2 year; and 

3 (B) be composed of 10 members with a 2- 

4 year term limit, of whom— 

5 (i) one shall be the Executive Director 

6 of the public housing agency or an ap7 pointee from the public housing agency; 

8 (ii) two shall be representatives from 

9 a local nonprofit civil rights organizations 

10 and appointed by the Director of the coun11 cil; 

12 (iii) two shall be representatives from 

13 local tenant rights organizations and ap14 pointed by the Director of the council; 

15 (iv) three shall be individuals eligible 

16 for displacement compensation under this 

17 section and appointed by the Director of 

18 the council; and 

19 (v) two shall be appointed by the Di20 rector of the council at the discretion of 

21 the Executive Director of the public hous22 ing agency. 

23 (2) DIRECTOR.— 

24 (A) APPOINTMENT IN FIRST YEAR.—Dur25 ing the 1-year period following the date on 


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1 which a community advisory council is estab2 lished under paragraph (1), the member de3 scribed in paragraph (1)(B)(i) shall serve as 

4 Director of the council. 

5 (B) AFTER FIRST YEAR.—After the 1-year 

6 period described in subparagraph (B), the Di7 rector of a community advisory council shall be 

8 appointed on an annual basis by majority vote 

9 of the council. 

10 (C) DUTIES.—The Director of a commu11 nity advisory council shall submit to the council 

12 established under subsection (e) on an annual 

13 basis— 

14 (i) the action plan required under 

15 paragraph (1)(A) and an accompanying re16 port; and 

17 (ii) policy proposals for the commu18 nity advisory council. 

19 (3) INCORPORATION BY STATES.—Each State 

20 shall, to the greatest extent possible, incorporate the 

21 action plan established by the applicable community 

22 advisory council into all applicable sections of the 

23 annual consolidated plan, as defined in section 

24 110(a). 


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1 (4) FUNDING.—Each public housing agency 

2 shall allocate $100,000 on an annual basis to the 

3 community advisory council established under this 

4 subsection. 

5 (h) PREFERENCE SCALE.— 

6 (1) IN GENERAL.—The community advisory 

7 council of a public housing agency established under 

8 subsection (f) shall determine individual preference 

9 for funds made available under this section to appli10 cants on a scale of 1 to 5, with 1 point awarded for 

11 each of the following factors: 

12 (A) Whether the applicant lost title or pos13 sessed title to a property or was displaced, as 

14 described in subparagraphs (A) and (B) of sub15 section (b)(1). 

16 (B) Whether the applicant is a descendant 

17 of someone who lost title or possessed title to 

18 a property or was displaced, as described in 

19 subparagraphs (A) and (B) of subsection 

20 (b)(1). 

21 (C) Whether the income of the applicant is 

22 below 30 percent of the median income in the 

23 area in which the applicant resides. 


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1 (D) Whether the income of the applicant is 

2 below 60 percent of the median income in the 

3 area in which the applicant resides. 

4 (E) Whether the applicant attended a 

5 school designated as a title I school for more 

6 than 5 years. 

7 (i) FUND.—There is established in the Treasury of 

8 the United States a fund to be known as the Restorative 

9 Housing Justice Fund, into which shall be deposited— 

10 (1) amounts appropriated to the fund; and 

11 (2) all amounts set aside for the Restorative 

12 Housing Justice Fund under any other provision of 

13 law. 

14 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Secretary to carry 

16 out this section such sums as may be necessary each of 

17 fiscal years 2022 through 2031. 

18 TITLE II—CONSTRUCTION AND 

19 PRESERVATION 

20 SEC. 201. HOUSING TRUST FUND. 

21 (a) IN GENERAL.—Section 1338 of the Federal 

22 Housing Enterprises Financial Safety and Soundness Act 

23 of 1992 (12 U.S.C. 4568) is amended by adding at the 

24 end the following: 


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1 ‘‘(j) INCLUSION OF SUPPLEMENTAL APPROPRIA2 TIONS IN CONGRESSIONAL JUSTIFICATION.—Beginning 

3 for fiscal year 2022 and each fiscal year thereafter, the 

4 Secretary shall include, in the annual budget justification 

5 submitted by the Secretary, a recommended supplemental 

6 appropriation level for the Housing Trust Fund, which 

7 shall be in an amount that is sufficient to eliminate the 

8 shortage of affordable and available rental dwelling units 

9 over a 10-year period. 

10 ‘‘(k) SUPPLEMENTAL APPROPRIATION FOR 2021.— 

11 Out of amounts not otherwise appropriated, there is ap12 propriated to the Housing Trust Fund $45,000,000,000 

13 for fiscal year 2021.’’. 

14 SEC. 202. RURAL HOUSING TRUST FUND CONSTRUCTION 

15 OF USDA MULTIFAMILY HOUSING FOR LOW16 INCOME FAMILIES. 

17 The Housing Act of 1949 (42 U.S.C. 1471 et seq.) 

18 is amended by adding at the end the following: 

19 ‘‘SEC. 545. MULTIFAMILY HOUSING CONSTRUCTION FOR 

20 LOW-INCOME FAMILIES. 

21 ‘‘(a) ESTABLISHMENT.—The Secretary shall carry 

22 out a program under this section for the construction of 

23 multifamily rental housing projects financed with a loan 

24 under section 515 and with rental assistance provided 

25 under section 521 for low-income families in rural areas. 


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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to the Secretary to carry 

3 out this section $100,000,000 for each of fiscal years 2022 

4 through 2031.’’. 

5 SEC. 203. STRATEGY AND INVESTMENT IN RURAL HOUSING. 

6 (a) IN GENERAL.—Title V of the Housing Act of 

7 1949 (42 U.S.C. 1471 et seq.), as amended by section 202 

8 of this Act, is amended by adding at the end the following: 

9 ‘‘SEC. 546. HOUSING PRESERVATION AND REVITALIZATION 

10 PROGRAM. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall carry 

12 out a program under this section for the preservation and 

13 revitalization of multifamily rental housing projects fi14 nanced with loans under sections 514, 515, and 516. 

15 ‘‘(b) NOTICE OF MATURING LOANS.— 

16 ‘‘(1) TO OWNERS.—On an annual basis, the 

17 Secretary shall provide written notice to each owner 

18 of a property financed under section 515 or both 

19 sections 514 and 516 that will mature within the 4- 

20 year period beginning upon the provision of such no21 tice, setting forth the options and financial incen22 tives that are available to facilitate the extension of 

23 the loan term or the option to decouple a rental as24 sistance contract pursuant to subsection (f). 

25 ‘‘(2) TO TENANTS.— 


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1 ‘‘(A) IN GENERAL.—For each property fi2 nanced with a loan made or insured under sec3 tion 514, 515, or 516, not later than the date 

4 that is 2 years before the date that such loan 

5 will mature, the Secretary shall provide written 

6 notice to each household residing in such prop7 erty that informs them of the date of the loan 

8 maturity, the possible actions that may happen 

9 with respect to the property upon such matu10 rity, and how to protect their right to reside in 

11 Federally assisted housing after such maturity. 

12 ‘‘(B) HOLD HARMLESS.—If the Secretary 

13 fails to provide households with the notice re14 quired under subparagraph (A), the residents 

15 shall be held harmless from rent increases until 

16 the required notice period elapses. 

17 ‘‘(C) LANGUAGE.—Notice under this para18 graph shall be provided in plain English and 

19 shall be translated to other languages in the 

20 case of any property located in an area in which 

21 a significant number of residents speak such 

22 other languages, consistent with guidance 

23 issued by the Secretary in accordance with Ex24 ecutive Order 13166 (42 U.S.C. 2000d–1 note; 


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1 relating to access to services for persons with 

2 limited English proficiency). 

3 ‘‘(c) LOAN RESTRUCTURING.—Under the program 

4 under this section, the Secretary may restructure such ex5 isting housing loans, as the Secretary considers appro6 priate, for the purpose of ensuring that such projects have 

7 sufficient resources to preserve the projects to provide safe 

8 and affordable housing for low-income residents and farm 

9 laborers, by— 

10 ‘‘(1) reducing or eliminating interest; 

11 ‘‘(2) deferring loan payments; 

12 ‘‘(3) subordinating, reducing, or reamortizing 

13 loan debt; and 

14 ‘‘(4) providing other financial assistance, in15 cluding advances, payments, and incentives (includ16 ing the ability of owners to obtain reasonable re17 turns on investment) required by the Secretary. 

18 ‘‘(d) RENEWAL OF RENTAL ASSISTANCE.—When the 

19 Secretary offers to restructure a loan pursuant to sub20 section (c), the Secretary shall offer to renew the rental 

21 assistance contract under section 521(a)(2) for a 20-year 

22 term that is subject to annual appropriations, provided 

23 that the owner agrees to bring the property up to such 

24 standards that will ensure its maintenance as decent, safe, 


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1 and sanitary housing for the full term of the rental assist2 ance contract. 

3 ‘‘(e) RESTRICTIVE USE AGREEMENTS.— 

4 ‘‘(1) REQUIREMENT.—As part of the preserva5 tion and revitalization agreement for a project, the 

6 Secretary shall obtain a restrictive use agreement 

7 that obligates the owner to operate the project in ac8 cordance with this title. 

9 ‘‘(2) TERM.— 

10 ‘‘(A) NO EXTENSION OF RENTAL ASSIST11 ANCE CONTRACT.—Except when the Secretary 

12 enters into a 20-year extension of the rental as13 sistance contract for the project, the term of 

14 the restrictive use agreement for the project 

15 shall be consistent with the term of the restruc16 tured loan for the project. 

17 ‘‘(B) EXTENSION OF RENTAL ASSISTANCE

18 CONTRACT.—If the Secretary enters into a 20- 

19 year extension of the rental assistance contract 

20 for a project, the term of the restrictive use 

21 agreement for the project shall be extended for 

22 20 years. 

23 ‘‘(C) TERMINATION.—The Secretary may 

24 terminate the 20-year use restrictive use agree25 ment for a project prior to the end of its term 


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1 if the 20-year rental assistance contract for the 

2 project with the owner is terminated at any 

3 time for reasons outside the owner’s control. 

4 ‘‘(f) DECOUPLING OF RENTAL ASSISTANCE.— 

5 ‘‘(1) RENEWAL OF RENTAL ASSISTANCE CON6 TRACT.—If the Secretary determines that a matur7 ing loan for a project cannot reasonably be restruc8 tured in accordance with subsection (c) and the 

9 project was operating with rental assistance under 

10 section 521, the Secretary may renew the rental as11 sistance contract, notwithstanding any provision of 

12 section 521, for a term, subject to annual appropria13 tions, of not less than 10 years but not more than 

14 20 years. 

15 ‘‘(2) RENTS.—Any agreement to extend the 

16 term of the rental assistance contract under section 

17 521 for a project shall obligate the owner to con18 tinue to maintain the project as decent, safe and 

19 sanitary housing and to operate the development in 

20 accordance with this title, except that rents shall be 

21 based on the lesser of— 

22 ‘‘(A) the budget-based needs of the project; 

23 or 

24 ‘‘(B)(i) the operating cost adjustment fac25 tor as a payment standard as provided under 


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1 section 524 of the Multifamily Assisted Hous2 ing Reform and Affordability Act of 1997 (42 

3 U.S.C. 1437 note). 

4 ‘‘(3) INITIAL DECOUPLED RENT.—At the time 

5 of an agreement to extend the term of rental assist6 ance contract under section 521, the initial rent 

7 shall established as conventional rents for com8 parable units by appraisal or market study. 

9 ‘‘(4) RURAL HOUSING VOUCHERS FOR MATUR10 ING MORTGAGES.—Residents of projects originally 

11 financed with a loan made or insured under section 

12 514 or 515 that has matured shall be eligible for 

13 voucher assistance under section 542 if a rental as14 sistance contract under section 521 is not extended 

15 beyond the term of the underlying loan made or in16 sured under section 514 or 515. 

17 ‘‘(g) AUTHORITY.—If the Secretary determines that 

18 additional voucher funds under section 542 are needed, 

19 funds for the revitalization program under this section 

20 may be used for those vouchers for any low-income house21 hold (including those not receiving rental assistance) re22 siding in a property financed with a loan under this sec23 tion that has been prepaid after September 30, 2005. 

24 ‘‘(h) MULTIFAMILY HOUSING TRANSFER TECHNICAL

25 ASSISTANCE.— 


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1 ‘‘(1) IN GENERAL.—Under the program under 

2 this section, the Secretary may provide grants to 

3 qualified nonprofit organizations, public housing 

4 agencies, and tribal housing authorities to provide 

5 technical assistance, including financial and legal 

6 services, to borrowers under loans under this title 

7 for multifamily housing to facilitate the acquisition 

8 of such multifamily housing properties in areas 

9 where the Secretary determines there is a risk of 

10 loss of affordable housing. 

11 ‘‘(2) PROHIBITION.—The Secretary shall not 

12 categorically exclude previously initiated acquisitions 

13 from the provision of technical assistance funding 

14 under this subsection. 

15 ‘‘(i) TRANSFER OF RENTAL ASSISTANCE.—After the 

16 loan or loans for a rental project originally financed under 

17 section 515 or both sections 514 and 516 have matured 

18 or have been prepaid and the owner has chosen not to 

19 restructure the loan pursuant to subsection (c), a tenant 

20 residing in such project shall have 18 months prior to loan 

21 maturation or prepayment to transfer the rental assist22 ance assigned to the tenant’s unit to another rental project 

23 originally financed under section 515 or both sections 514 

24 and 516, and the owner of the initial project may rent 


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1 the tenant’s previous unit to a new tenant without income 

2 restrictions. 

3 ‘‘(j) ADMINISTRATIVE EXPENSES.—Of any amounts 

4 made available for the program under this section for any 

5 fiscal year, the Secretary may use not more than 

6 $1,000,000 for administrative expenses for carrying out 

7 such program. 

8 ‘‘(k) RURAL HOUSING SERVICE STAFFING.—The 

9 Secretary— 

10 ‘‘(1) shall not carry out any policy reducing the 

11 number of full-time equivalent employees of the 

12 Rural Housing Service without explicit authorization 

13 in an Act of Congress; 

14 ‘‘(2) shall produce, not later than 90 days after 

15 the date of enactment of this section, a comprehen16 sive, actionable, and measurable staffing plan to in17 crease staffing levels at rural development field of18 fices to levels sufficient to approve ownership trans19 fers of multifamily housing projects under section 

20 515 of this Act within 90 days of receipt of the 

21 transfer; 

22 ‘‘(3) shall hire and on-board not less than 100 

23 full-time equivalent employees of the Rural Housing 

24 Service in each of fiscal years 2022, 2023, and 

25 2024; and 


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1 ‘‘(4) shall delegate primary and final hiring au2 thority to each Rural Development State Director 

3 for all vacant Rural Housing Service staff positions 

4 until the Secretary certifies that the staff vacancy 

5 rate for the Rural Housing Service in the respective 

6 State is under 3 percent. 

7 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— 

8 ‘‘(1) IN GENERAL.—There is authorized to be 

9 appropriated for the program under this section 

10 $220,000,000 for each of fiscal years 2022 through 

11 2031. 

12 ‘‘(2) SET ASIDE.—Of amounts authorized to be 

13 appropriated for each fiscal year under paragraph 

14 (1)— 

15 ‘‘(A) $10,000,000 shall be set aside and al16 located for activities carried out under sub17 section (h); and 

18 ‘‘(B) $10,000,000 shall be set aside and 

19 allocated for activities carried out under sub20 section (k).’’. 

21 (b) MULTIFAMILY PRESERVATION AND REVITALIZA22 TION PROGRAM.—Section 515 of the Housing Act of 1949 

23 (42 U.S.C. 1485) is amended by adding at the end the 

24 following: 


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1 ‘‘(bb) MULTIFAMILY PRESERVATION AND REVITAL2 IZATION PROGRAM.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall estab4 lish a multifamily preservation and revitalization 

5 program to preserve and revitalize multifamily hous6 ing projects financed under section 514, 515, or 

7 516. 

8 ‘‘(2) OPTIONS.—In carrying out paragraph (1), 

9 the Secretary may— 

10 ‘‘(A) with respect to the loans provided 

11 under sections 514, 515, and 516— 

12 ‘‘(i) reduce or eliminate interest; 

13 ‘‘(ii) defer loan payments; and 

14 ‘‘(iii) subordinate, reduce, or reamor15 tize loan debt; and 

16 ‘‘(B) provide other financial assistance, in17 cluding— 

18 ‘‘(i) advances; and 

19 ‘‘(ii) payments and incentives (includ20 ing the ability of owners to obtain reason21 able returns on investment). 

22 ‘‘(3) REQUIREMENTS.—In exchange for assist23 ance provided pursuant to this subsection, the Sec24 retary shall enter into a restrictive use agreement 

25 with the property owner to ensure that the property 


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1 remains subject to low-income use restrictions for an 

2 additional period of time consistent with the terms 

3 of the restructuring. 

4 ‘‘(4) USE OF VOUCHER FUNDS FOR REVITAL5 IZATION PROGRAM.—If the Secretary determines 

6 that additional funds for the revitalization program 

7 under this subsection are needed, funds for the rural 

8 housing voucher program under section 542 may be 

9 used for the revitalization program under this sub10 section.’’. 

11 SEC. 204. MANUFACTURED HOUSING PRESERVATION 

12 STRATEGY AND INVESTMENT. 

13 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec14 tion, the term ‘‘eligible entity’’ means— 

15 (1) a nonprofit organization, including a com16 munity land trust; 

17 (2) a public housing agency or other State or 

18 local government agency, including a State housing 

19 finance agency; 

20 (3) an Indian Tribe; 

21 (4) a cooperative resident organization formed 

22 in compliance with State law in which homeowners 

23 are members and have open and equal access to 

24 membership; and 


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1 (5) any entity that the Secretary determines to 

2 have sufficient capacity and demonstrated history of 

3 maintaining long term housing affordability in man4 ufactured housing communities. 

5 (b) ESTABLISHMENT.—The Secretary shall establish 

6 a grant program to make grants to eligible entities for 

7 acquiring and preserving manufactured housing commu8 nities. 

9 (c) GRANTS.—Amounts from a grant under this sec10 tion may be used only for— 

11 (1) the acquisition and preservation of manu12 factured housing communities; 

13 (2) such acquisition and preservation, together 

14 with costs for making improvements to infrastruc15 ture, including roads, water, and sanitary systems, 

16 common areas, and community property for acquired 

17 manufactured housing communities; or 

18 (3) the demolition, removal, and replacement of 

19 dilapidated homes from a manufactured housing 

20 community. 

21 (d) TERM OF AFFORDABILITY AND PURPOSE.—The 

22 Secretary shall ensure any grantee under this section 

23 maintains a manufactured housing community for a pe24 riod of not less than 60 years following receipt of the 

25 grant. 


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1 (e) GRANT AMOUNT.—The amount of any grant 

2 under this section may not exceed an amount that is equal 

3 to $30,000 multiplied by the number of manufactured 

4 home lots in the manufactured housing community for 

5 which the grant is made. 

6 (f) TECHNICAL ASSISTANCE AND CAPACITY BUILD7 ING GRANTS.—The Secretary shall establish a manufac8 tured housing technical assistance hub to make grants to 

9 eligible entities seeking to promote best practices, project 

10 planning assistance and manufactured housing community 

11 preservation. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated for the program under this 

14 section $500,000,000 for each of fiscal years 2022 

15 through 2031. 

16 SEC. 205. COMMUNITY ENERGY SAVINGS PROGRAM. 

17 (a) IN GENERAL.—The Energy Policy and Conserva18 tion Act (42 U.S.C. 6201 et seq.) is amended by inserting 

19 after section 362 (42 U.S.C. 6322) the following: 

20 ‘‘SEC. 362A. COMMUNITY ENERGY SAVINGS PROGRAM. 

21 ‘‘(a) PURPOSE.—The purpose of this section is to 

22 help households and small businesses achieve cost savings 

23 by providing loans to implement cost-effective energy effi24 ciency measures. 

25 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) COMMUNITY DEVELOPMENT FINANCIAL IN2 STITUTION.—The term ‘community development fi3 nancial institution’ means a financial institution cer4 tified by the Community Development Financial In5 stitutions Fund administered by the Secretary of the 

6 Treasury. 

7 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en8 tity’ means— 

9 ‘‘(A) a public power group; 

10 ‘‘(B) a community development financial 

11 institution; and 

12 ‘‘(C) an eligible unit of local government. 

13 ‘‘(3) ELIGIBLE UNIT OF LOCAL GOVERN14 MENT.—The term ‘eligible unit of local government’ 

15 means any agency or political subdivision of a State. 

16 ‘‘(4) ENERGY EFFICIENCY MEASURES.—The 

17 term ‘energy efficiency measures’ means, with re18 spect to a property served by or in the service area 

19 or jurisdiction, as applicable, of an eligible entity, 

20 structural improvements and investments in cost-ef21 fective commercial technologies to increase energy 

22 efficiency (including cost-effective on- or off-grid re23 newable energy, energy storage, or demand response 

24 systems). 


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1 ‘‘(5) HOUSEHOLD WITH A HIGH ENERGY BUR2 DEN.— 

3 ‘‘(A) IN GENERAL.—The term ‘household 

4 with a high energy burden’ means a low-income 

5 household the residential energy burden of 

6 which exceeds the median energy burden for all 

7 low-income households in the State in which the 

8 low-income household is located. 

9 ‘‘(B) CALCULATION.—The residential en10 ergy burden referred to in subparagraph (A) is 

11 the quotient obtained by dividing residential en12 ergy expenditures by the annual income of the 

13 low-income household. 

14 ‘‘(6) INDIAN TRIBE.—The term ‘Indian Tribe’ 

15 has the meaning given the term ‘Indian tribe’ in sec16 tion 4 of the Indian Self-Determination and Edu17 cation Assistance Act (25 U.S.C. 5304). 

18 ‘‘(7) MANUFACTURED HOME.—The term ‘man19 ufactured home’— 

20 ‘‘(A) has the meaning given the term in 

21 section 603 of the National Manufactured 

22 Housing Construction and Safety Standards 

23 Act of 1974 (42 U.S.C. 5402); and 

24 ‘‘(B) includes a home described in sub25 paragraph (A) without regard to whether the 


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1 home was built before, on, or after the date on 

2 which the construction and safety standards es3 tablished under section 604 of that Act (42 

4 U.S.C. 5403) became effective. 

5 ‘‘(8) PROGRAM.—The term ‘program’ means 

6 the program established under subsection (c). 

7 ‘‘(9) PUBLIC POWER GROUP.—The term ‘public 

8 power group’ means— 

9 ‘‘(A) a public utility; 

10 ‘‘(B) an electric or energy cooperative; 

11 ‘‘(C) a public power district; and 

12 ‘‘(D) a group of one or more public utili13 ties or electric or energy cooperatives (com14 monly referred to as a ‘joint action agency’, 

15 ‘generation and transmission cooperative’, ‘mu16 nicipal power association’, or ‘State cooperative 

17 association’). 

18 ‘‘(10) QUALIFIED CONSUMER.—The term 

19 ‘qualified consumer’ means a consumer served by or 

20 in the service area or jurisdiction, as applicable, of 

21 an eligible entity that has the ability to repay a loan 

22 made under subsection (f), as determined by the eli23 gible entity. 

24 ‘‘(11) SECRETARY.—The term ‘Secretary’ 

25 means the Secretary of Energy. 


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1 ‘‘(12) STATE.—The term ‘State’ means— 

2 ‘‘(A) a State; 

3 ‘‘(B) the District of Columbia; 

4 ‘‘(C) the Commonwealth of Puerto Rico; 

5 and 

6 ‘‘(D) any other territory or possession of 

7 the United States. 

8 ‘‘(c) ESTABLISHMENT.—Not later than 120 days 

9 after the date of enactment of this section, the Secretary 

10 shall establish a program under which the Secretary shall 

11 provide grants to States and Indian Tribes to provide 

12 loans to eligible entities in accordance with this section. 

13 ‘‘(d) GRANT FUND ALLOCATION.— 

14 ‘‘(1) IN GENERAL.—Of the amount appro15 priated under subsection (k) for each fiscal year, the 

16 Secretary shall allocate as grant funds— 

17 ‘‘(A) 98 percent to be provided to States in 

18 accordance with paragraph (2); and 

19 ‘‘(B) 2 percent to be provided to Indian 

20 Tribes in accordance with paragraph (3). 

21 ‘‘(2) ALLOCATION TO STATES.—Of the amount 

22 allocated for all States under paragraph (1)(A), the 

23 Secretary shall— 


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1 ‘‘(A) allocate not less than 1 percent to 

2 each State described in subparagraphs (A) 

3 through (C) of subsection (b)(12); 

4 ‘‘(B) allocate not less than 0.5 percent to 

5 each State described in subparagraph (D) of 

6 that subsection; and 

7 ‘‘(C) of the amount remaining after the al8 locations under subparagraphs (A) and (B), al9 locate funds to States based on the population 

10 of each State as determined in the latest avail11 able decennial census conducted under section 

12 141(a) of title 13, United States Code. 

13 ‘‘(3) ALLOCATION TO INDIAN TRIBES.—Of the 

14 amount allocated for Indian Tribes under paragraph 

15 (1)(B), the Secretary shall allocate funds to each In16 dian Tribe participating in the program during that 

17 fiscal year based on a formula established by the 

18 Secretary that takes into account any factor that the 

19 Secretary determines to be appropriate. 

20 ‘‘(4) PUBLICATION OF ALLOCATION FOR21 MULAS.—Not later than 90 days before the begin22 ning of each fiscal year for which grants are pro23 vided to States and Indian Tribes under this section, 

24 the Secretary shall publish in the Federal Register 


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1 the formulas for allocation established under this 

2 subsection. 

3 ‘‘(5) ADMINISTRATIVE COSTS.—Of the amount 

4 allocated to a State or Indian Tribe under this sub5 section, not more than 15 percent shall be used by 

6 the State or Indian Tribe for the administrative 

7 costs of administering loans. 

8 ‘‘(e) LOANS BY STATES AND INDIAN TRIBES TO ELI9 GIBLE ENTITIES.— 

10 ‘‘(1) IN GENERAL.—Under the program, a 

11 State or Indian Tribe shall make loans to eligible en12 tities to make loans to qualified consumers— 

13 ‘‘(A) to implement cost-effective energy ef14 ficiency measures; and 

15 ‘‘(B) in accordance with subsection (f). 

16 ‘‘(2) STATE ENERGY OFFICES.—A State shall 

17 carry out paragraph (1) through the State energy 

18 office that is responsible for developing a State en19 ergy conservation plan under section 362. 

20 ‘‘(3) PRIORITY.—In making loans under para21 graph (1), a State or Indian Tribe shall give priority 

22 to public power groups. 

23 ‘‘(4) REQUIREMENTS.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (C), as a condition of receiving a loan 

3 under this subsection, an eligible entity shall— 

4 ‘‘(i) establish a list of energy effi5 ciency measures that are expected to de6 crease the energy use or costs of qualified 

7 consumers; 

8 ‘‘(ii) prepare an implementation plan 

9 for use of the loan funds, including the use 

10 of any interest to be received under sub11 section (f)(4); 

12 ‘‘(iii) establish an appropriate meas13 urement and verification system to en14 sure— 

15 ‘‘(I) the effectiveness of the en16 ergy efficiency loans made by the eli17 gible entity; and 

18 ‘‘(II) that there is no conflict of 

19 interest in any loan provided by the 

20 eligible entity; 

21 ‘‘(iv) demonstrate expertise in the ef22 fective implementation of energy efficiency 

23 measures; 

24 ‘‘(v) ensure that a portion of the loan 

25 funds, which may be determined by the 


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1 State or Indian Tribe, are used to provide 

2 loans to qualified consumers that are 

3 households with a high energy burden; and 

4 ‘‘(vi) give priority to providing loans 

5 to qualified consumers that own homes or 

6 other real property that pose health risks 

7 to the occupants of the property that may 

8 be mitigated by energy efficiency measures, 

9 as determined by the State or Indian 

10 Tribe. 

11 ‘‘(B) REVISION OF LIST OF ENERGY EFFI12 CIENCY MEASURES.—Subject to the approval of 

13 the State or Indian Tribe, as applicable, an eli14 gible entity may update the list required under 

15 subparagraph (A)(i) to account for newly avail16 able efficiency technologies. 

17 ‘‘(C) EXISTING ENERGY EFFICIENCY PRO18 GRAMS.—An eligible entity that has established 

19 an energy efficiency program for qualified con20 sumers before the date of enactment of this sec21 tion may use an existing list of energy efficiency 

22 measures, implementation plan, and measure23 ment and verification system for that program 

24 to satisfy the applicable requirements under 

25 subparagraph (A), if the State or Indian Tribe, 


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1 as applicable, determines that the list, plan, or 

2 system, as applicable, is consistent with the 

3 purposes of this section. 

4 ‘‘(5) NO INTEREST.—A loan under this sub5 section shall bear no interest. 

6 ‘‘(6) TERM.—The term of a loan provided to an 

7 eligible entity under paragraph (1) shall not exceed 

8 20 years after the date on which the loan is issued. 

9 ‘‘(7) ADVANCE.— 

10 ‘‘(A) IN GENERAL.—In providing a loan to 

11 an eligible entity under paragraph (1), a State 

12 or Indian Tribe may provide an advance of loan 

13 funds on request of the eligible entity. 

14 ‘‘(B) AMOUNT LIMITATION.—Any advance 

15 provided to an eligible entity under subpara16 graph (A) in any single year shall not exceed 50 

17 percent of the approved loan amount. 

18 ‘‘(C) REPAYMENT.—The repayment of an 

19 advance under subparagraph (A) shall be amor20 tized for a period of not more than 10 years. 

21 ‘‘(8) SPECIAL ADVANCE FOR START-UP ACTIVI22 TIES.— 

23 ‘‘(A) IN GENERAL.—In providing a loan to 

24 an eligible entity under paragraph (1), a State 

25 or Indian Tribe may provide a special advance 


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1 on request of the eligible entity for assistance in 

2 defraying the start-up costs of the eligible enti3 ty, as determined by the State or Indian Tribe, 

4 as applicable, of providing loans to qualified 

5 consumers under subsection (f). 

6 ‘‘(B) LIMITATION.—A special advance 

7 shall be provided to an eligible entity under 

8 subparagraph (A) only during the 10-year pe9 riod beginning on the date on which the loan is 

10 issued to that eligible entity. 

11 ‘‘(C) AMOUNT.—The amount of a special 

12 advance provided under subparagraph (A) shall 

13 not be greater than 5 percent of the approved 

14 loan amount. 

15 ‘‘(D) REPAYMENT.—Repayment of a spe16 cial advance provided under subparagraph 

17 (A)— 

18 ‘‘(i) shall be required during the 10- 

19 year period beginning on the date on which 

20 the special advance is made; and 

21 ‘‘(ii) may be deferred to the end of the 

22 10-year period described in clause (i) at 

23 the election of the eligible entity. 

24 ‘‘(9) REVOLVING LOAN FUND.— 


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1 ‘‘(A) IN GENERAL.—As a condition of par2 ticipating in the program, a State or Indian 

3 Tribe shall use the funds repaid to the State or 

4 Indian Tribe under loans offered under this 

5 subsection to issue new loans under this sub6 section. 

7 ‘‘(B) ADMINISTRATIVE COSTS.—Not more 

8 than 10 percent of the repaid funds described 

9 in subparagraph (A) may be used for the ad10 ministrative cost of issuing new loans from 

11 those repaid funds under this subsection. 

12 ‘‘(f) LOANS BY ELIGIBLE ENTITIES TO QUALIFIED

13 CONSUMERS.— 

14 ‘‘(1) USE OF LOAN.— 

15 ‘‘(A) IN GENERAL.—A loan made by an el16 igible entity to a qualified consumer using loan 

17 funds provided by a State or Indian Tribe 

18 under subsection (e)— 

19 ‘‘(i) shall be used to finance energy ef20 ficiency measures for the purpose of de21 creasing the energy use or costs of the 

22 qualified consumer by an amount that en23 sures, to the maximum extent practicable, 

24 that the applicable loan term described in 

25 subparagraph (B) shall not be an undue fiVerDate Sep 11 2014 19:26 Jul 12, 2021 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S2234.IS S2234

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1 nancial burden on the qualified consumer, 

2 as determined by the eligible entity; 

3 ‘‘(ii) shall not be used to fund pur4 chases of, or modifications to, personal 

5 property unless the personal property is or 

6 becomes attached to real property as a fix7 ture; 

8 ‘‘(iii) may be used to upgrade a man9 ufactured home, regardless of the classi10 fication of the home as real or personal 

11 property; and 

12 ‘‘(iv) may be used to finance the re13 placement of a manufactured home— 

14 ‘‘(I) if the cost of upgrading the 

15 manufactured home is excessive, as 

16 determined by the eligible entity; and 

17 ‘‘(II) with priority given to a 

18 manufactured home that was con19 structed before June 15, 1976. 

20 ‘‘(B) LOAN TERM DESCRIBED.—The loan 

21 term referred to in subparagraph (A)(i) is— 

22 ‘‘(i) in the case of a manufactured 

23 home replacement, not more than 20 

24 years; and 


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1 ‘‘(ii) in the case of any other energy 

2 efficiency measure, not more than 15 

3 years. 

4 ‘‘(2) REPAYMENT.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), a loan described in paragraph (1)(A) 

7 shall be repaid by the qualified consumer 

8 through charges added to an existing or new 

9 electric or recurring service bill for the property 

10 of the qualified consumer for, or at which, en11 ergy efficiency measures are being implemented. 

12 ‘‘(B) ALTERNATIVE REPAYMENT.—Repay13 ment under subparagraph (A) shall not pre14 clude— 

15 ‘‘(i) the voluntary prepayment of the 

16 loan by the qualified consumer; or 

17 ‘‘(ii) the use of any additional repay18 ment mechanism, including a tariffed on19 bill mechanism, that— 

20 ‘‘(I) has appropriate risk mitiga21 tion features, as determined by the el22 igible entity; or 

23 ‘‘(II) is required due to the quali24 fied consumer no longer being a cus25 tomer of the eligible entity. 


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1 ‘‘(3) ENERGY ASSESSMENT.— 

2 ‘‘(A) IN GENERAL.—Prior to the installa3 tion of energy efficiency measures at the prop4 erty of a qualified consumer that receives a loan 

5 from an eligible entity under this section, and 

6 to assist in the selection of the energy efficiency 

7 measures to be installed, the eligible entity shall 

8 conduct an energy assessment or audit to deter9 mine the impact of proposed energy efficiency 

10 measures on— 

11 ‘‘(i) the energy costs and consumption 

12 of the qualified consumer; and 

13 ‘‘(ii) the health and safety of the occu14 pants of the property on which the energy 

15 efficiency measures are to be installed. 

16 ‘‘(B) FIELD OR ONLINE ASSESSMENT.—An 

17 energy assessment or audit under subparagraph 

18 (A) may be conducted in the field or online, as 

19 determined by the State or Indian Tribe that 

20 has issued a loan to the eligible entity under 

21 subsection (e). 

22 ‘‘(4) INTEREST.—A loan described in para23 graph (1)(A) may bear interest, not to exceed 5 per24 cent, which may be used— 


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1 ‘‘(A) to establish a loan loss reserve for the 

2 eligible entity; 

3 ‘‘(B) to offset the personnel and program 

4 costs of the eligible entity in providing the loan; 

5 and 

6 ‘‘(C) for any other related purpose, as de7 termined by the eligible entity, in consultation 

8 with the State or Indian Tribe that has issued 

9 a loan to the eligible entity under subsection 

10 (e). 

11 ‘‘(5) OUTSIDE CONTRACTS.—An eligible entity 

12 may enter into one or more contracts with one or 

13 more qualified entities, as determined by the State 

14 or Indian Tribe that has issued a loan to the eligible 

15 entity under subsection (e)— 

16 ‘‘(A) to assist the eligible entity in admin17 istering the loans described in paragraph 

18 (1)(A); and 

19 ‘‘(B) to carry out any of the requirements 

20 of the eligible entity described in subsection 

21 (e)(4)(A). 

22 ‘‘(g) DIRECT LOANS FROM STATES AND INDIAN

23 TRIBES.—A State or Indian Tribe may act as an eligible 

24 entity under subsection (f) to provide loans directly to 

25 qualified consumers— 


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1 ‘‘(1) in accordance with that subsection; and 

2 ‘‘(2) if the State or Indian Tribe satisfies the 

3 requirements under subsection (e)(4), as determined 

4 by the Secretary. 

5 ‘‘(h) PROGRAM ADMINISTRATION.— 

6 ‘‘(1) PLAN.—Not later than 120 days after the 

7 date of enactment of this section, the Secretary shall 

8 establish and begin carrying out a plan to— 

9 ‘‘(A) measure and verify the success of the 

10 program in implementing energy efficiency 

11 measures; 

12 ‘‘(B) provide training to the employees of 

13 eligible entities relating to carrying out the re14 quirements of eligible entities under this sec15 tion; and 

16 ‘‘(C) provide technical assistance to States, 

17 Indian Tribes, and eligible entities relating to 

18 carrying out the requirements of this section. 

19 ‘‘(2) PUBLIC AWARENESS.—Not later than 120 

20 days after the date of enactment of this section, the 

21 Secretary shall establish and begin carrying out a 

22 plan to make eligible entities and the general public 

23 aware of the program, including by developing a 

24 marketing program to raise awareness of the pro25 gram. 


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1 ‘‘(3) OUTSIDE CONTRACTS.— 

2 ‘‘(A) IN GENERAL.—The Secretary may 

3 enter into one or more contracts with one or 

4 more qualified entities, as determined by the 

5 Secretary, to carry out paragraphs (1) and (2). 

6 ‘‘(B) USE OF SUBCONTRACTORS AUTHOR7 IZED.—A qualified entity that enters into a 

8 contract with the Secretary under subparagraph 

9 (A) may use one or more subcontractors to as10 sist the qualified entity in carrying out the con11 tract. 

12 ‘‘(4) ACCOUNTING.—The Secretary, and each 

13 State and Indian Tribe participating in the program, 

14 shall take appropriate steps to streamline the ac15 counting requirements for eligible entities under the 

16 program while maintaining adequate assurances of 

17 the repayment of the loans made to those eligible en18 tities under the program. 

19 ‘‘(i) EFFECT ON AUTHORITY.—Nothing in this sec20 tion shall impede, impair, or modify the authority of the 

21 Secretary to offer loans or grants under any other law. 

22 ‘‘(j) REPORT.— 

23 ‘‘(1) IN GENERAL.—Not later than 15 months 

24 after the date on which the program is established, 

25 and 90 days after the end of each fiscal year for 


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1 each fiscal year thereafter, the Secretary shall sub2 mit to the appropriate committees of Congress and 

3 make publicly available a report that describes, with 

4 respect to the program— 

5 ‘‘(A) the number of applications received 

6 by each State and Indian Tribe from eligible 

7 entities for that fiscal year; 

8 ‘‘(B) the number of loans made by each 

9 State and Indian Tribe for that fiscal year— 

10 ‘‘(i) to eligible entities; and 

11 ‘‘(ii) directly to qualified consumers; 

12 ‘‘(C) the eligible entities that are the re13 cipients of the loans described in subparagraph 

14 (B)(i); and 

15 ‘‘(D) the manner in which the program 

16 was advertised to eligible entities and the gen17 eral public. 

18 ‘‘(2) CONSULTATION.—The Secretary shall con19 sult with and obtain information from States and 

20 Indian Tribes in preparing the report submitted 

21 under paragraph (1). 

22 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— 

23 ‘‘(1) IN GENERAL.—There is authorized to be 

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1 tion $150,000,000 for each of fiscal years 2022 

2 through 2027. 

3 ‘‘(2) SUPPLEMENT NOT SUPPLANT.—The fund4 ing provided to a State or Indian Tribe under sub5 section (d) for each fiscal year shall be used to sup6 plement, not supplant, any Federal, State, or other 

7 funds otherwise made available to that State or In8 dian Tribe under— 

9 ‘‘(A) a State energy conservation plan es10 tablished under part D of title III of the En11 ergy Policy and Conservation Act (42 U.S.C. 

12 6321 et seq.); or 

13 ‘‘(B) the Weatherization Assistance Pro14 gram for Low-Income Persons established 

15 under part A of title IV of the Energy Con16 servation and Production Act (42 U.S.C. 6861 

17 et seq.).’’. 

18 (b) STATE ENERGY CONSERVATION PLANS.—Section 

19 362(d)(5) of the Energy Policy and Conservation Act (42 

20 U.S.C. 6322(d)(5)) is amended— 

21 (1) in subparagraph (A), by striking ‘‘or’’ at 

22 the end; 

23 (2) in subparagraph (B), by inserting ‘‘or’’ 

24 after the semicolon; and 

25 (3) by adding at the end the following: 


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1 ‘‘(C) which may include the community en2 ergy savings program under section 362A;’’. 

3 (c) TECHNICAL AMENDMENT.—The table of contents 

4 for the Energy Policy and Conservation Act (Public Law 

5 94–163; 89 Stat. 872) is amended by inserting after the 

6 item relating to section 362 the following: 

‘‘Sec. 362A. Community energy savings program.’’. 

7 SEC. 206. PUBLIC HOUSING. 

8 (a) REPEAL OF FAIRCLOTH AMENDMENT.—Section 

9 9(g) of the United States Housing Act of 1937 (42 U.S.C. 

10 1437g(g)) is amended by striking paragraph (3). 

11 (b) AUTHORIZATION OF APPROPRIATIONS FOR PUB12 LIC HOUSING CAPITAL FUND.—Section 9(c)(2)(A) of the 

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

14 1437g(c)(2)(A)) is amended to read as follows: 

15 ‘‘(A) CAPITAL FUND.—For allocations of 

16 assistance from the Capital Fund, 

17 $70,000,000,000 for fiscal year 2022, to re18 main available until expended.’’. 

19 TITLE III—HOUSING ASSIST20 ANCE FOR HOMELESS AND 

21 LOW-INCOME FAMILIES 

22 SEC. 301. INCREASING DIRECT RENTAL ASSISTANCE. 

23 (a) IN GENERAL.—Section 8(o) of the United States 

24 Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended 

25 by adding at the end the following: 


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1 ‘‘(21) EMERGENCY RENTAL ASSISTANCE

2 VOUCHER PROGRAM.— 

3 ‘‘(A) DEFINITION OF INDIAN TRIBE.—In 

4 this paragraph, the term ‘Indian Tribe’ has the 

5 meaning given the term ‘Indian tribe’ in section 

6 102 of the Federally Recognized Indian Tribe 

7 List Act of 1994 (25 U.S.C. 5130). 

8 ‘‘(B) VOUCHERS.—The Secretary shall set 

9 aside, from amounts made available for rental 

10 assistance under this subsection, the amount 

11 specified in subparagraph (F) to provide vouch12 ers to tenants that are eligible for tenant-based 

13 assistance under this subsection. 

14 ‘‘(C) SET ASIDE.—Of the amount appro15 priated under subparagraph (F) for each fiscal 

16 year, the Secretary shall allocate as grant 

17 funds— 

18 ‘‘(i) 98 percent to be provided to 

19 States; and 

20 ‘‘(ii) 2 percent to be provided to In21 dian Tribes in accordance with subpara22 graph (D). 

23 ‘‘(D) ALLOCATION TO INDIAN TRIBES.—Of 

24 the amount allocated for Indian Tribes under 

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1 cate funds to each Indian Tribe under this 

2 paragraph during that fiscal year based on a 

3 formula established by the Secretary that takes 

4 into account any factor that the Secretary de5 termines to be appropriate. 

6 ‘‘(E) PUBLICATION OF ALLOCATION FOR7 MULAS.—Not later than 90 days before the be8 ginning of each fiscal year for which grants are 

9 provided to States and tribal housing authori10 ties under this paragraph, the Secretary shall 

11 publish in the Federal Register the formulas for 

12 allocation established under this paragraph. 

13 ‘‘(F) AMOUNTS.—The amount specified in 

14 this subparagraph is— 

15 ‘‘(i) for fiscal year 2022, the amount 

16 necessary to provide 100,000 vouchers for 

17 rental assistance under this subsection; 

18 ‘‘(ii) for fiscal year 2023, the amount 

19 necessary to provide 200,000 vouchers for 

20 rental assistance under this subsection; 

21 ‘‘(iii) for fiscal year 2024, the amount 

22 necessary to provide 300,000 vouchers for 

23 rental assistance under this subsection; 


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1 ‘‘(iv) for fiscal year 2025, the amount 

2 necessary to provide 400,000 vouchers for 

3 rental assistance under this subsection; 

4 ‘‘(v) for fiscal year 2026, the amount 

5 necessary to provide 500,000 vouchers for 

6 rental assistance under this subsection; 

7 ‘‘(vi) for fiscal year 2027, the amount 

8 necessary to provide 600,000 vouchers for 

9 rental assistance under this subsection; 

10 ‘‘(vii) for fiscal year 2028, the amount 

11 necessary to provide 700,000 vouchers for 

12 rental assistance under this subsection; 

13 ‘‘(viii) for fiscal year 2029, the 

14 amount necessary to provide 800,000 

15 vouchers for rental assistance under this 

16 subsection; 

17 ‘‘(ix) for fiscal year 2030, the amount 

18 necessary to provide 900,000 vouchers for 

19 rental assistance under this subsection; 

20 and 

21 ‘‘(x) for fiscal year 2031, the amount 

22 necessary to provide 1,000,000 vouchers 

23 for rental assistance under this subsection. 

24 ‘‘(G) AMOUNT OF VOUCHER.—A voucher 

25 provided to a tenant under this paragraph shall 


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1 be in an amount that is not more than 110 per2 cent of the small area fair market rental estab3 lished under section 8(c) for the area in which 

4 the tenant resides. 

5 ‘‘(H) ADMINISTRATIVE FEE.—Each public 

6 housing agency or tribal housing authority that 

7 administers a voucher provided under this para8 graph shall be provided with amounts necessary 

9 to cover all related administrative fees. 

10 ‘‘(I) ADMINISTRATION OF VOUCHERS.— 

11 ‘‘(i) PRIORITY.—The Secretary shall 

12 give priority to public housing agencies 

13 over State housing finance agencies with 

14 respect to the administration of vouchers 

15 provided under this paragraph. 

16 ‘‘(ii) STATE HOUSING FINANCE AGEN17 CIES.—A State housing finance agency 

18 may apply for and administer a voucher 

19 provided under this paragraph on the same 

20 terms as a public housing agency if the 

21 Secretary determines that public housing 

22 agencies in that State lack the capacity to 

23 administer the voucher. 

24 ‘‘(J) NO ARBITRARY TIME LIMIT.—The 

25 Secretary shall not limit the amount of time a 


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1 voucher holder is eligible to receive rental as2 sistance under this paragraph, except by an in3 dividualized determination that ending rental 

4 assistance serves the best interest of the vouch5 er holder.’’. 

6 (b) SET ASIDE.—An amount equal to 20 percent of 

7 the funds appropriated to carry out paragraph (21) of sec8 tion 8(o) of the United States Housing Act of 1937 (42 

9 U.S.C. 1437f(o)), as added by subsection (a), in a fiscal 

10 year shall be set aside and transferred to the Restorative 

11 Housing Justice Fund established under section 113(h). 

12 (c) PROHIBITION ON DENIAL OF ASSISTANCE BASED

13 ON NON-VIOLENT CRIMINAL CONVICTIONS.—Section 8(o) 

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

15 1437f(o)), as amended by subsection (a) of this section, 

16 is amended by adding at the end the following: 

17 ‘‘(22) PROHIBITION.—Each public housing 

18 agency or tribal housing authority that administers 

19 a voucher provided under this subsection shall not 

20 establish eligibility criteria for the voucher that ex21 cludes individuals with non-violent criminal convic22 tions, except for— 

23 ‘‘(A) registered sex offenders; and 

24 ‘‘(B) a person described in section 16(f).’’. 


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1 SEC. 302. SUPPORTIVE TINY HOUSING VILLAGE INNOVA2 TION PILOT PROGRAM. 

3 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec4 tion, the term ‘‘eligible entity’’ means— 

5 (1) a public housing agency; 

6 (2) a religious organization; 

7 (3) an Indian Tribe that has jurisdiction over 

8 Indian country; and 

9 (4) a nonprofit housing entity. 

10 (b) ESTABLISHMENT.—The Secretary shall establish 

11 a pilot program to provide grants to eligible entities to 

12 promote innovation and increased capacity of tiny housing 

13 village programs. 

14 (c) PRIORITY.—In awarding grants under this sec15 tion, the Secretary shall prioritize funding for public hous16 ing agencies, religious organizations, Indian Tribes that 

17 have jurisdiction over Indian country, and nonprofit hous18 ing entities to construct and operate gate-controlled tiny 

19 home villages or community spaces that— 

20 (1) have a per unit cost of not more than 

21 $25,000, including all necessary construction mate22 rials, labor, shared infrastructure, dining, laundry, 

23 and sanitation facilities; 

24 (2) require residents to receive not less than 1 

25 hour of weekly case management; and 


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1 (3) permit residents to bring and share their 

2 housing unit with a partner, an assistance animal, 

3 or a pet. 

4 (d) CASE MANAGERS.—In hiring case managers to 

5 provide assistance to residents in the tiny home village or 

6 community space under this section, a public housing 

7 agency shall give priority to applications submitted by 

8 former residents. 

9 (e) MATCHING FUNDING.—A recipient of a grant 

10 under this section shall provide matching non-Federal 

11 funds in an amount equal to 50 percent of the grant 

12 amount. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $100,000,000 for each of fiscal years 2022 through 2031. 

16 SEC. 303. PERMANENT SUPPORTIVE HOUSING. 

17 (a) IN GENERAL.—Out of funds in the Treasury not 

18 otherwise appropriated, there is appropriated to the Sec19 retary $1,000,000,000 for each of fiscal years 2022 

20 through 2031 to provide grants under title IV of the 

21 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

22 11360 et seq.) to support permanent supportive housing, 

23 including capital costs, rental subsidies, and services. 

24 (b) TECHNICAL ASSISTANCE.—Of amounts appro25 priated under subsection (a), there shall be allocated to 


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1 the Secretary $25,000,000 in each fiscal year for under2 capacity jurisdictions to develop comprehensive whole-of3 local government plans to build capacity for permanent 

4 supportive housing in a rural area, as defined in section 

5 1282.1 of title 12, Code of Federal Regulations, or any 

6 successor regulation. 

7 (c) EQUITY EVALUATION.—Of amounts appropriated 

8 under subsection (a), there shall be allocated to the Sec9 retary $25,000,000 in each fiscal year for housing innova10 tion research centers to evaluate access barriers impacting 

11 people of color within existing permanent supportive hous12 ing implementation criteria. 

13 SEC. 304. NAVIGATION CENTER PILOT PROGRAM. 

14 (a) ESTABLISHMENT.—The Secretary shall establish 

15 a grant program to provide funding to State and local gov16 ernments to create low-barrier navigation centers for indi17 viduals and families experiencing homelessness. 

18 (b) USE OF FUNDS.—A low-barrier navigation center 

19 created by a grant recipient shall— 

20 (1) provide intensive management services, in21 cluding connections to health care, employment, 

22 legal aid, and permanent housing, to individuals and 

23 families experiencing homelessness; and 


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1 (2) allow an individual or family experiencing 

2 homelessness to stay at the center for not more than 

3 90 continuous days per 180-day period. 

4 (c) MATCHING FUNDING.—A recipient of a grant 

5 under this section shall provide matching non-Federal 

6 funds in an amount equal to 100 percent of the grant 

7 amount. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section— 

10 (1) $50,000,000 for each of fiscal years 2022 

11 through 2026; and 

12 (2) $100,000,000 for each of fiscal years 2027 

13 through 2031. 

14 TITLE IV—HOUSING AND 

15 HOMELESSNESS INNOVATION 

16 SEC. 401. HOUSING AND HOMELESSNESS INNOVATION RE17 SEARCH CENTERS. 

18 (a) ESTABLISHMENT.—The Secretary shall establish 

19 not less than 1 housing and homelessness innovation re20 search center in each region of the Department of Housing 

21 and Urban Development. 

22 (b) REPORTS.—Each center established under sub23 section (a) shall, on an annual basis, submit a report to 

24 the Secretary and Congress that includes— 


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1 (1) recommendations for changes to Federal 

2 policy surrounding housing and homelessness; and 

3 (2) a study of best practices to preserve low4 and middle-cost housing and expand low-cost hous5 ing options in the region served by the center, in6 cluding single room occupancy units, manufactured 

7 housing, shelters, housing units under 400 square 

8 feet, stacked flats, and accessory dwelling units. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $100,000,000 for each of fiscal years 2022 through 2031. 

12 TITLE V—EMERGENCY HOUSING 

13 PROGRAM 

14 SEC. 501. DEFINITIONS. 

15 In this title: 

16 (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

17 individual’’ means an individual renter or home18 owner who— 

19 (A) is, or is expected to be, unable to make 

20 payments, correct a rental, mortgage, tax, or 

21 insurance delinquency within a reasonable time, 

22 or resume full rent of mortgage payments due 

23 to a reduction in the income of the individual 

24 due to— 


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1 (i) involuntary loss of, or reduction in, 

2 the employment income of the individual or 

3 the self-employment income of the indi4 vidual; 

5 (ii) any similar loss or reduction in in6 come experienced by any person who con7 tributes to the income of the individual; 

8 (iii) a significant reduction in the in9 come of the household due to divorce or 

10 death; or 

11 (iv) a significant increase in basic ex12 penses of the individual or an immediate 

13 family member of the individual (including 

14 the spouse, child, parent, or immediate 

15 family member for whom the individual 

16 provides substantial care of financial as17 sistance) due to— 

18 (I) an unexpected or significant 

19 increase in medical expenses; 

20 (II) an initiating event; 

21 (III) a personal or national eco22 nomic crisis; or 

23 (IV) an unexpected increase in 

24 rent by the individual; and 


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1 (B) is not otherwise receiving housing 

2 counseling provided by an organization ap3 proved by the Department of Housing and 

4 Urban Development. 

5 (2) INITIATING EVENT.—The term ‘‘initiating 

6 event’’ means— 

7 (A) a major disaster declared by the Presi8 dent under section 401 of the Robert T. Staf9 ford Disaster Relief and Emergency Assistance 

10 Act (42 U.S.C. 5170); 

11 (B) an increase in State-wide unemploy12 ment of not less than 8 percent for 2 consecu13 tive months; 

14 (C) an increase in State-wide unemploy15 ment of not less than 10 percent for 2 consecu16 tive months; or 

17 (D) an emergency declaration issued by 

18 the Secretary of Housing and Urban Develop19 ment with respect to a housing disaster emer20 gency. 

21 SEC. 502. EMERGENCY ASSISTANCE. 

22 (a) IN GENERAL.—After the occurrence of an initi23 ating event, the Secretary of Housing and Urban Develop24 ment or the Secretary of the Treasury, as appropriate, 

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1 vide assistance to eligible individuals described in this sec2 tion, provided that— 

3 (1) the Governor of a State submits to the Sec4 retary of Housing and Urban Development or the 

5 Secretary of the Treasury, as appropriate, a request 

6 for assistance to be provided under this section; and 

7 (2) half of the amount allocated for a State 

8 shall be provided if the State is only experiencing an 

9 initiating event described in section 501(2)(B), with 

10 the full amount provided if the State experiences an 

11 initiating event described in section 501(2)(C). 

12 (b) EMERGENCY ASSISTANCE AND HOUSING COUN13 SELING.— 

14 (1) IN GENERAL.—The Secretary of the Treas15 ury shall, through a program established by the De16 partment of the Treasury that is similar to the 

17 Emergency Rental Assistance Program established 

18 under section 501 of division N of the Consolidated 

19 Appropriations Act, 2021 (Public Law 116–133), 

20 provide— 

21 (A) direct monthly rental or mortgage pay22 ment assistance to eligible individuals for the 

23 duration of the initiating event; and 


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1 (B) grants to nonprofit housing counseling 

2 organizations to provide counseling to eligible 

3 individuals with respect to— 

4 (i) personal financial budgeting and 

5 personal debt management; 

6 (ii) available community resources, in7 cluding public assistance programs, rental 

8 assistance programs, credit assistance pro9 grams, food programs, and social services; 

10 and 

11 (iii) employment training and place12 ment. 

13 (2) AVAILABILITY OF HOUSING COUNSELING.— 

14 The Secretary of the Treasury shall ensure that 

15 grants described in paragraph (1)(B) are made 

16 available throughout the areas affected by the initi17 ating event, with priority given to areas that— 

18 (A) are experiencing high rates of evic19 tions, foreclosures, or any other indicators of 

20 renter or homeowner distress determined by the 

21 Secretary of the Treasury to be appropriate; or 

22 (B) are not already adequately served by 

23 housing counseling organizations. 

24 (3) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated $25,000,000, 


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1 to remain available until expended, to carry out this 

2 subsection. 

3 (c) NATIONAL HOUSING TRUST FUND.—Out of 

4 amounts appropriated under section 503, the Secretary of 

5 Housing and Urban Development may transfer not more 

6 than $10,000,000,000 to the Housing Trust Fund estab7 lished under section 1338 of the Federal Housing Enter8 prises Financial Safety and Soundness Act of 1992 (12 

9 U.S.C. 4568) to provide assistance described in such sec10 tion 1338. 

11 (d) CDFI FUND.—Out of amounts appropriated 

12 under section 503, the Secretary of the Treasury may 

13 transfer not more than $10,000,000,000 to the Commu14 nity Development Financial Institutions Fund established 

15 under section 104 of the Riegle Community Development 

16 and Regulatory Improvement Act of 1994 (12 U.S.C. 

17 4703) to provide assistance described in section 108 of 

18 such Act (12 U.S.C. 4707). 

19 (e) RURAL HOUSING SERVICE.—Out of amounts ap20 propriated under section 503, the Secretary of Housing 

21 and Urban Development may transfer not more than 

22 $10,000,000,000 to provide rental assistance redetermina23 tions and supplemental rental assistance payments to resi24 dents of housing assisted under section 514 or 515 of the 


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1 Housing Act of 1949 (42 U.S.C. 1484, 1485) who do not 

2 receive rental assistance. 

3 (f) EMERGENCY VOUCHERS.—Out of amounts appro4 priated under section 503, the Secretary of Housing and 

5 Urban Development may provide vouchers authorized 

6 under section 301 in an amount that is not more than 

7 $10,000,000,000. 

8 (g) EMERGENCY SOLUTIONS GRANTS.—Out of 

9 amounts appropriated under section 503, the Secretary of 

10 Housing and Urban Development may transfer not more 

11 than $10,000,000,000 to provide assistance under the 

12 Emergency Solutions Grants program under subtitle B of 

13 title IV of the McKinney-Vento Homeless Assistance Act 

14 (42 U.S.C. 11371 et seq.) for uses authorized under that 

15 program and for non-congregate shelters, including shel16 ters designed with a multi-year life expectancy. 

17 (h) CDBG-DISASTER RECOVERY.— 

18 (1) IN GENERAL.—Out of amounts appro19 priated under section 503, the Secretary of Housing 

20 and Urban Development may transfer not more than 

21 $50,000,000,000 to the community development 

22 block grant disaster recovery program established 

23 under title I of the Housing and Community Devel24 opment Act of 1974 (42 U.S.C. 5301 et seq.) to pro25 vide assistance relating to the initiating event. 


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1 (2) PRIORITY.—In providing assistance under 

2 paragraph (1), the Secretary of Housing and Urban 

3 Development shall— 

4 (A) establish primary priority for pre5 serving, rehabilitating, or rebuilding housing 

6 units (including non-titled manufactured hous7 ing), providing short-term bridge lending for 

8 property acquisitions, and funding public utility 

9 and infrastructure projects serving residents 

10 below 30 percent of the area median income; 

11 and 

12 (B) establish secondary priority for pre13 serving, rehabilitating, or rebuilding housing 

14 units (including non-titled manufactured hous15 ing), providing short-term bridge lending for 

16 property acquisitions, and funding public utility 

17 and infrastructure projects serving residents 

18 below 60 percent of the area median income. 

19 (i) DISBURSEMENT OF AMOUNTS.— 

20 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) IN GENERAL.—There is authorized to be appro22 priated to the Secretary of Housing and Urban Develop23 ment and the Secretary of the Treasury such sums as may 

24 be necessary to carry out this title, to remain available 

25 until expended. 


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1 (b) ADMINISTRATIVE COSTS.—Not more than 10 

2 percent of amounts appropriated under subsection (a) may 

3 be used for administrative costs related to carrying out 

4 this title. 

Æ 


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