I 

116TH CONGRESS 

2D SESSION H. R. 8404 

To require sales and leases of assets of public housing projects in connection 

with solar energy projects to financially benefit the residents of such 

public housing project and the budget of the public housing agency 

that owns such public housing project, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2020 

Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which 

was referred to the Committee on Financial Services 

A BILL 

To require sales and leases of assets of public housing 

projects in connection with solar energy projects to financially benefit the residents of such public housing project 

and the budget of the public housing agency that owns 

such public housing project, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Housing Solar 

5 Equity Act of 2020’’. 


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1 SEC. 2. PUBLIC HOUSING AGENCY SALES OR LEASES OF 

2 PHA ASSETS IN CONNECTION WITH SOLAR 

3 ENERGY PROJECTS. 

4 (a) IN GENERAL.—Section 9 of the United States 

5 Housing Act of 1937 (42 U.S.C. 1437g) is amended by 

6 adding at the end the following: 

7 ‘‘(p) SALE OR LEASE OF ASSETS.—If a public hous8 ing agency sells or leases any asset (including roof space 

9 or parking) of a public housing project owned by such pub10 lic housing agency in connection with a solar energy 

11 project, such public housing agency shall— 

12 ‘‘(1) ensure that such sale or lease financially 

13 benefits, as determined by a cost-benefit analysis 

14 that is conducted using generally accepted account15 ing standards and is made publicly available— 

16 ‘‘(A) the residents of such public housing 

17 project; and 

18 ‘‘(B) the budget of the public housing 

19 agency; 

20 ‘‘(2) if the buyer or lessee of such asset intends 

21 to derive a product or services from such asset, re22 quire the buyer or lessee of such asset to first offer 

23 such product or service derived from such asset to 

24 the residents of the public housing project, and pro25 vide the product or services to those residents who 


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1 accept the offer before offering the product or serv2 ice to non-residents; 

3 ‘‘(3) make available publicly, not later than 30 

4 days before such sale or lease, information sufficient 

5 to demonstrate compliance with paragraphs (1) and 

6 (2) of this subsection; and 

7 ‘‘(4) not later than 1 year after the sale or 

8 lease, submit to the Secretary a report that de9 scribes how the sale or lease complies with this sub10 section.’’. 

11 (b) PHA ANNUAL PLAN.—Section 5A(d) of the 

12 United States Housing Act of 1937 (42 U.S.C. 1437c– 

13 1(d)) is amended— 

14 (1) by redesignating paragraph (19) as para15 graph (20); and 

16 (2) by inserting after paragraph (18) the fol17 lowing: 

18 ‘‘(19) SALE OR LEASE OF ASSETS.—With re19 gard to any assets of any public housing project 

20 owned by the public housing agency that the public 

21 housing agency intends to sell or lease in connection 

22 with a solar energy project in the upcoming year— 

23 ‘‘(A) a description of the asset; 

24 ‘‘(B) a description of the proposed terms 

25 of the sale or lease, if possible; and 


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1 ‘‘(C) a description of how the lease or sale 

2 will comply with section 9(p), including how 

3 such sale or lease financially benefits, as deter4 mined by a cost-benefit analysis that is con5 ducted using generally accepted accounting 

6 standards, the residents of the public housing 

7 project and the budget of the public housing 

8 agency.’’. 

9 (c) RULE OF CONSTRUCTION.—This section and the 

10 amendments made by this section may not be construed 

11 to authorize or encourage the sale or lease of any public 

12 housing asset. 

Æ 


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