I 

116TH CONGRESS 

1ST SESSION H. R. 2657 

To provide priority under certain federally assisted housing programs to 

assist youths who are aging out of foster care, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2019 

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

Committee on Financial Services 

A BILL 

To provide priority under certain federally assisted housing 

programs to assist youths who are aging out of foster 

care, 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 ‘‘Fostering Stable Hous5 ing Opportunities Act of 2019’’. 

6 SEC. 2. DEFINITION OF FAMILY. 

7 Subparagraph (A) of section 3(b)(3) of the United 

8 States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(A)) 

9 is amended— 

10 (1) in the first sentence— 


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1 (A) by striking ‘‘(v)’’ and inserting ‘‘(vi)’’; 

2 and 

3 (B) by inserting after ‘‘tenant family,’’ the 

4 following: ‘‘(v) a child who is in foster care and 

5 has attained an age such that the provision of 

6 foster care for such child will end by reason of 

7 the age of the child within 6 months,’’; and 

8 (2) in the second sentence, by inserting ‘‘or 

9 (vi)’’ after ‘‘clause (v)’’. 

10 SEC. 3. PRIORITY FOR PUBLIC HOUSING OCCUPANCY AND 

11 SECTION 8 ASSISTANCE. 

12 (a) PUBLIC HOUSING.—Subparagraph (A) of section 

13 6(c)(4) of the United States Housing Act of 1937 (42 

14 U.S.C. 1437d(c)(4)(A)) is amended— 

15 (1) by striking ‘‘may establish a system for 

16 making dwelling units available that provides pref17 erence’’ and inserting the following: ‘‘shall establish 

18 a system for making dwelling units available that— 

19 ‘‘(i) shall provide preferences’’; 

20 (2) by striking ‘‘each system of preferences es21 tablished pursuant to this subparagraph shall be 

22 based’’ and inserting the following: 

23 ‘‘(ii) except as provided in clause (iii), 

24 shall be based’’; 


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1 (3) by adding at the end the following new 

2 clause: 

3 ‘‘(iii) except for projects or portions of 

4 projects designated for occupancy pursuant 

5 to section 7(a), shall provide that the high6 est preference for occupancy shall be given 

7 to otherwise eligible children who are in 

8 foster care, have attained an age such that 

9 the provision of foster care for such child 

10 will end by reason of the age of the child 

11 within 6 months, meet the requirements 

12 under clauses (i) and (ii) of paragraph (1) 

13 of the definition of ‘at risk of homeless14 ness’ in section 91.5 of the Secretary’s reg15 ulations (24 C.F.R. 91.5), as in effect on 

16 September 1, 2016, and have agreed to 

17 comply with the requirements under sec18 tion 39(c); and 

19 ‘‘(iv) may provide highest preference 

20 for occupancy to, in addition to eligible 

21 children described in clause (iii), not more 

22 than two other types of families.’’. 

23 (b) VOUCHER ASSISTANCE.—Subparagraph (A) of 

24 section 8(o)(6) of the United States Housing Act of 1937 

25 (42 U.S.C. 1437f(o)(6)(A)) is amended— 


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1 (1) in clause (i), by striking ‘‘may’’ the first 

2 place such term appears and inserting ‘‘shall’’; 

3 (2) by redesignating clause (ii) as clause (iii); 

4 (3) by inserting before clause (iii), as so redes5 ignated by paragraph (1) of this subsection, the fol6 lowing new clause: 

7 ‘‘(ii) HIGHEST PREFERENCE.—Each 

8 system of preferences established pursuant 

9 to this subparagraph— 

10 ‘‘(I) shall provide that the high11 est preference for assistance shall be 

12 given to otherwise eligible children 

13 who are in foster care, have attained 

14 an age such that the provision of fos15 ter care for such child will end by rea16 son of the age of the child within 6 

17 months, meet the requirements under 

18 clauses (i) and (ii) of paragraph (1) of 

19 the definition of ‘at risk of homeless20 ness’ in section 91.5 of the Sec21 retary’s regulations (24 C.F.R. 91.5), 

22 as in effect on September 1, 2016, 

23 and have agreed to comply with the 

24 requirements under section 39(c); and 


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1 ‘‘(II) may provide highest pref2 erence for assistance to, in addition to 

3 eligible children described in subclause 

4 (I), not more than two other types of 

5 eligible families.’’; and 

6 (4) in clause (iii), as so redesignated by para7 graph (2) of this subsection, by striking ‘‘Each sys8 tem’’ and inserting ‘‘Except as provided in clause 

9 (ii)(I), each system’’. 

10 (c) PHA PROJECT-BASED VOUCHER ASSISTANCE.— 

11 Subparagraph (J) of section 8(o)(13) of the United States 

12 Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(J)) is 

13 amended— 

14 (1) by striking ‘‘(J) TENANT SELECTION.—A 

15 public’’ and inserting the following: 

16 ‘‘(J) TENANT SELECTION.— 

17 ‘‘(i) SELECTION AND ELIGIBILITY.—A 

18 public’’; 

19 (2) by striking ‘‘The agency or owner may es20 tablish preferences or criteria for selection for a unit 

21 assisted under this paragraph that’’ and inserting 

22 the following: 

23 ‘‘(ii) PREFERENCES FOR OCCU24 PANCY.—The agency or owner shall estab25 lish a system of preferences or criteria for 


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1 selection for a unit assisted under this sec2 tion that— 

3 ‘‘(I) shall provide that the high4 est preference shall be given to other5 wise eligible children who are in foster 

6 care, have attained an age such that 

7 the provision of foster care for such 

8 child will end by reason of the age of 

9 the child within 6 months, meet the 

10 requirements under clauses (i) and (ii) 

11 of paragraph (1) of the definition of 

12 ‘at risk of homelessness’ in section 

13 91.5 of the Secretary’s regulations 

14 (24 C.F.R. 91.5), as in effect on Sep15 tember 1, 2016, and have agreed to 

16 comply with the requirements under 

17 section 39(c); 

18 ‘‘(II) may provide highest pref19 erence to, in addition to eligible chil20 dren described in subclause (I), not 

21 more than two other types of eligible 

22 families; and 

23 ‘‘(III) except as provided under 

24 subclause (I),’’; and 


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1 (3) by striking ‘‘Any family that’’ and inserting 

2 the following: 

3 ‘‘(iii) WAITING LISTS.—Any family 

4 that’’. 

5 (d) PROJECT-BASED SECTION 8 RENTAL ASSIST6 ANCE.—Subparagraph (A) of section 8(d)(1) of the 

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

8 1437f(d)(1)(A)) is amended— 

9 (1) by realigning such subparagraph so as to be 

10 indented 2 ems from the left margin; 

11 (2) by striking ‘‘except that with respect’’ and 

12 inserting the following: ‘‘except that— 

13 ‘‘(i) with respect to assisted dwelling units 

14 in a project assisted with project-based assist15 ance under this section, the tenant selection cri16 teria used by the owner— 

17 ‘‘(I) shall provide that the highest 

18 preference shall be given to otherwise eligi19 ble children who are in foster care, have 

20 attained an age such that the provision of 

21 foster care for such child will end by rea22 son of the age of the child within 6 

23 months, meet the requirements under 

24 clauses (i) and (ii) of paragraph (1) of the 

25 definition of ‘at risk of homelessness’ in 


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1 section 91.5 of the Secretary’s regulations 

2 (24 C.F.R. 91.5), as in effect on Sep3 tember 1, 2016, and have agreed to comply 

4 with the requirements under section 39(c); 

5 and 

6 ‘‘(II) may provide highest preference 

7 to, in addition to eligible children described 

8 in subclause (I), not more than two other 

9 types of eligible families; and 

10 ‘‘(ii) with respect’’; and 

11 (3) by inserting ‘‘who are not eligible for high12 est preference pursuant to clause (i)(I)’’ after ‘‘to be 

13 assisted’’. 

14 (e) TERMS AND CONDITIONS ON PRIORITY.—Title I 

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

16 1437 et seq.) is amended by adding at the end the fol17 lowing new section: 

18 ‘‘SEC. 39. TERMS AND CONDITIONS ON PREFERENCE FOR 

19 ASSISTANCE FOR CHILDREN AGING OUT OF 

20 FOSTER CARE. 

21 ‘‘(a) PREFERENCE.—For purposes of this section, 

22 the term ‘preference for housing assistance’ means pref23 erence, for an otherwise eligible child in foster care, for— 

24 ‘‘(1) occupancy in a public housing dwelling 

25 unit, pursuant to section 6(c)(4)(A)(iii); 


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1 ‘‘(2) tenant-based assistance under section 8(o), 

2 pursuant to paragraph (6)(A)(ii)(I) of such section; 

3 ‘‘(3) project-based assistance under section 

4 8(o)(13), pursuant to subparagraph (J)(ii)(I) of 

5 such section; and 

6 ‘‘(4) occupancy in a dwelling unit in a project 

7 assisted with project-based assistance under section 

8 8, pursuant to subsection (d)(1)(A)(i)(I) of such sec9 tion. 

10 ‘‘(b) EARLY APPLICATION FOR ASSISTANCE.—Not11 withstanding the period during which a preference for 

12 housing assistance is provided for a person, an otherwise 

13 eligible person may apply for such occupancy or assistance 

14 at any time after such person attains 16 years of age. 

15 ‘‘(c) REQUIREMENT FOR EDUCATION OR TRAIN16 ING.— 

17 ‘‘(1) REQUIREMENT.—Except as provided in 

18 paragraph (2), each person occupying a dwelling 

19 unit pursuant to a preference for housing assistance 

20 shall, not later than 30 months after such initial oc21 cupancy, comply with the requirements under one of 

22 the following subparagraphs, as selected by the pub23 lic housing agency for or project owner of the as24 sisted housing dwelling unit involved, in consultation 

25 with relevant public child welfare agencies: 


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1 ‘‘(A) OPTION 1.—The requirements under 

2 this subparagraph are— 

3 ‘‘(i) obtaining a recognized postsec4 ondary credential or a secondary school di5 ploma or its recognized equivalent; 

6 ‘‘(ii) enrollment in an institution of 

7 higher education, as such term is defined 

8 in section 101(a) of the Higher Education 

9 Act of 1965 (20 U.S.C. 1001(a)) and in10 cluding the institutions described in sub11 paragraphs (A) and (B) of section 

12 102(a)(1) of such Act (20 U.S.C. 

13 1002(a)(1)); or 

14 ‘‘(iii) participation in a career path15 way, as such term is defined in section 3 

16 of the Workforce Innovation and Oppor17 tunity Act (29 U.S.C. 3102). 

18 Notwithstanding any other provision of this 

19 paragraph, a public housing agency or project 

20 owner may consider employment as satisfying 

21 the requirements under this subparagraph. 

22 ‘‘(B) OPTION 2.—The requirements under 

23 this subparagraph are compliance with the 

24 terms and conditions applicable under section 

25 23 of the United States Housing Act of 1937 


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1 (42 U.S.C. 1437u) and the regulations imple2 menting such section to a person participating 

3 in a family self-sufficiency program under such 

4 section, except that— 

5 ‘‘(i) a public housing agency may se6 lect the option under this subparagraph 

7 only if the agency is participating in such 

8 self-sufficiency program or has made such 

9 commitments to commence participation as 

10 the Secretary considers sufficient; and 

11 ‘‘(ii) a project owner of assisted hous12 ing may select the option under this sub13 paragraph only if the public housing agen14 cy in whose jurisdiction the project is lo15 cated is participating in such self-suffi16 ciency program or has made such commit17 ments to commence participation as the 

18 Secretary considers sufficient. 

19 ‘‘(C) OPTION 3.—The requirements under 

20 this subparagraph are compliance with any 

21 combination of the terms, conditions, and re22 quirements under subparagraphs (A) and (B), 

23 as may be established by the public housing 

24 agency, except that a project owner of assisted 

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1 paragraph only if the public housing agency in 

2 whose jurisdiction the project is located has se3 lected the option under this subparagraph and 

4 has established such terms, conditions, and re5 quirements. In designing such terms, condi6 tions, and requirements, the public housing 

7 agency may consult with local workforce devel8 opment agencies and other organizations and 

9 entities with expertise and experience in this 

10 field. 

11 ‘‘(2) EXCEPTIONS.—The requirement under 

12 paragraph (1) shall not apply to— 

13 ‘‘(A) a parent or other household member 

14 responsible for the care of a dependent child 

15 under the age of 6 or for the care of an inca16 pacitated person; 

17 ‘‘(B) a person who is regularly and actively 

18 participating in a drug addiction or alcohol 

19 treatment and rehabilitation program; and 

20 ‘‘(C) a person who is incapable of com21 plying with the requirement under paragraph 

22 (1) due to a documented medical condition. 

23 ‘‘(3) VERIFICATION OF COMPLIANCE.—The Sec24 retary shall require the public housing agency or 

25 project owner, as applicable, to verify compliance 


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1 with the requirement under paragraph (1) by each 

2 person occupying a dwelling unit assisted or admin3 istered by such agency or owner, as applicable, pur4 suant to a preference for housing assistance annu5 ally in conjunction with reviews of income for pur6 poses of determining eligibility for assistance de7 scribed in subsection (a). 

8 ‘‘(d) LIMITATION ON BEDROOMS.—A dwelling unit 

9 that is occupied by a person, or assisted with assistance 

10 made available on behalf of a person, pursuant to a pref11 erence for housing assistance may contain more than one 

12 bedroom only if such additional bedrooms are occupied 

13 only by other persons who occupy such dwelling unit, or 

14 receive assistance made available, pursuant to a preference 

15 for housing assistance. 

16 ‘‘(e) SUPPORTIVE SERVICES.— 

17 ‘‘(1) ELIGIBILITY.—Each person occupying a 

18 dwelling unit pursuant to a preference for housing 

19 assistance shall be eligible for any supportive serv20 ices (as such term is defined in section 103 of the 

21 Workforce Innovation and Opportunity Act (29 

22 U.S.C. 3102)) made available, in connection with 

23 any housing assistance program of the agency, by or 

24 through the public housing agency providing such 

25 preference or, in the case of a preference for housing 


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1 assistance for housing not assisted by such agency, 

2 by or through the public housing agency in whose 

3 jurisdiction the housing is located, including any 

4 services provided under a family self-sufficiency pro5 gram under section 23 of this Act. 

6 ‘‘(2) INFORMATION.—Upon the initial provision 

7 of housing assistance for any person pursuant to a 

8 preference for such assistance, the public housing 

9 agency or owner, as applicable, shall inform such 

10 person of the existence of any programs or services 

11 referred to in paragraph (1) and of their eligibility 

12 for such programs and services. 

13 ‘‘(f) TERMINATION OF ASSISTANCE.—The public 

14 housing agency or project owner, as applicable, shall ter15 minate any occupancy of, or assistance on behalf of, a per16 son pursuant to any preference for housing assistance 

17 upon the person attaining 25 years of age or upon sub18 stantial noncompliance with the requirement under sub19 section (c), except that nothing in this subsection may be 

20 construed to prohibit the occupancy of housing assisted 

21 under this title by, or the provision of rental assistance 

22 under section 8 for, any person, or to affect the eligibility 

23 of any person for such occupancy or assistance, other than 

24 pursuant to a preference for housing assistance. 


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1 ‘‘(g) APPLICABILITY TO MOVING TO WORK AGEN2 CIES.—Notwithstanding any other provision of law, the 

3 preferences for housing assistance identified in subsection 

4 (a) of this section shall apply to assistance made available 

5 by each public housing agency participating in the Moving 

6 to Work Program under section 204 of the Departments 

7 of Veterans Affairs and Housing and Urban Development, 

8 and Independent Agencies Appropriations Act, 1996 (42 

9 U.S.C. 1437f note), except that in lieu of compliance with 

10 one of the options under subsection (c)(1) of this section, 

11 such an agency may comply with the requirement under 

12 such subsection by complying with such terms, conditions, 

13 and requirements as may be established by the agency for 

14 persons occupying dwelling units pursuant to a preference 

15 for housing assistance. 

16 ‘‘(h) REPORTS.—The Secretary of Housing and 

17 Urban Development shall require each public housing 

18 agency that provides any preference for housing assistance 

19 pursuant to this section in any fiscal year to submit a re20 port to the Secretary for such fiscal year that— 

21 ‘‘(1) specifies the number of applications for 

22 such preferences received during such fiscal year 

23 disaggregated by— 

24 ‘‘(A) the number received by persons who 

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1 tained an age such that the provision of foster 

2 care for such child will end by reason of the age 

3 of the child within 6 months; and 

4 ‘‘(B) the number received by persons who 

5 have attained an age such that the provision of 

6 foster care for such child will end by reason of 

7 the age of the child within 6 months; 

8 ‘‘(2) specifies the number of persons provided a 

9 preference for housing assistance during such fiscal 

10 year; and 

11 ‘‘(3) describes how the public housing agency 

12 communicated or collaborated with public child wel13 fare agencies to collect such data.’’. 

14 SEC. 4. PRIORITY FOR RURAL RENTAL ASSISTANCE. 

15 Paragraph (2) of section 521(a) of the Housing Act 

16 of 1949 (42 U.S.C. 1490a(a)(2)) is amended by adding 

17 at the end the following new subparagraph: 

18 ‘‘(F)(i) In making occupancy in a project assisted 

19 under this paragraph, and rental assistance under this 

20 paragraph, available on behalf of eligible families, the 

21 project owner— 

22 ‘‘(I) shall provide that the highest preference 

23 shall be given to otherwise eligible children who— 

24 ‘‘(aa) are in foster care; 


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1 ‘‘(bb) have attained an age such that the 

2 provision of foster care for such child will end 

3 by reason of the age of the child within 6 

4 months; 

5 ‘‘(cc) meet the requirements under clauses 

6 (i) and (ii) of paragraph (1) of the definition of 

7 ‘at risk of homelessness’ in section 91.5 of the 

8 Secretary of Housing and Urban Development’s 

9 regulations (24 C.F.R. 91.5), as in effect on 

10 September 1, 2016; and 

11 ‘‘(dd) have agreed to comply with the re12 quirements under clause (iii); and 

13 ‘‘(II) may provide highest preference to, in ad14 dition to eligible children described in subclause (I), 

15 not more than two other types of eligible families. 

16 ‘‘(ii) Notwithstanding the period during which a pref17 erence pursuant to clause (i)(I) for occupancy in project 

18 assisted under this paragraph or for rental assistance 

19 under this paragraph is provided for a person, an other20 wise eligible person may apply for such occupancy or as21 sistance at any time after the person attains 16 years of 

22 age. 

23 ‘‘(iii)(I) Except as provided in subclause (II), each 

24 person occupying a dwelling unit pursuant to a preference 


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1 under clause (i)(I) shall, not later than 30 months after 

2 such initial occupancy, be— 

3 ‘‘(aa) obtaining a recognized postsecondary cre4 dential or a secondary school diploma or its recog5 nized equivalent; 

6 ‘‘(bb) enrolled in an institution of higher edu7 cation, as such term is defined in section 101(a) of 

8 the Higher Education Act of 1965 (20 U.S.C. 

9 1001(a)) and including the institutions described in 

10 subparagraphs (A) and (B) of section 102(a)(1) of 

11 such Act (20 U.S.C. 1002(a)(1)); or 

12 ‘‘(cc) participating in a career pathway, as such 

13 term is defined in section 3 of the Workforce Inno14 vation and Opportunity Act (29 U.S.C. 3102). 

15 Notwithstanding any other provision of this subclause, a 

16 project owner may consider employment as satisfying the 

17 requirements under this subclause. 

18 ‘‘(II) The requirement under subclause (I) shall not 

19 apply to— 

20 ‘‘(aa) a parent or other household member re21 sponsible for the care of a dependent child under the 

22 age of 6 or for the care of an incapacitated person; 

23 ‘‘(bb) a person who is regularly and actively 

24 participating in a drug addiction or alcohol treat25 ment and rehabilitation program; and 


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1 ‘‘(cc) a person who is incapable of complying 

2 with the requirement under subclause (I) due to a 

3 documented medical condition. 

4 ‘‘(III) The Secretary shall require a project owner to 

5 verify compliance with the requirement under this clause 

6 by each person occupying a dwelling unit pursuant to a 

7 preference under clause (i)(I) annually in conjunction with 

8 reviews of income for purposes of determining eligibility 

9 for assistance described in clause (i). 

10 ‘‘(iv) A dwelling unit that is occupied by a person 

11 pursuant to a preference under clause (i)(I) may contain 

12 more than one bedroom only if such additional bedrooms 

13 are occupied only by other persons who occupy such dwell14 ing unit pursuant to a preference under clause (i)(I). 

15 ‘‘(v) The project owner shall terminate any occupancy 

16 of a person pursuant to the preference under clause (i)(I) 

17 upon the person attaining 25 years of age or upon sub18 stantial noncompliance with the requirement under clause 

19 (iii), except that nothing in this clause may be construed 

20 to prohibit the occupancy in a project assisted under this 

21 paragraph by, or the provision of rental assistance under 

22 this paragraph for, any person, or to affect the eligibility 

23 of any person for such occupancy or assistance, other than 

24 pursuant to a preference under clause (i)(I).’’. 


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1 SEC. 5. EXCEPTIONS TO LIMITATIONS FOR PROJECT-BASED 

2 VOUCHER ASSISTANCE. 

3 (a) PERCENTAGE LIMITATION.—The first sentence of 

4 clause (ii) of section 8(o)(13)(B) of the United States 

5 Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B)(ii)) is 

6 amended by inserting before ‘‘or that’’ the following: ‘‘that 

7 house eligible children described in section 6(c)(4)(A)(iii) 

8 who comply with the requirements under section 39(c),’’. 

9 (b) INCOME-MIXING REQUIREMENT.—Subclause (I) 

10 of section 8(o)(13)(D)(ii) of the United States Housing 

11 Act of 1937 (42 U.S.C. 1437f(o)(13)(D)(ii)(I)) is amend12 ed by inserting after ‘‘elderly families’’ the following: ‘‘, 

13 to eligible children described in section 6(c)(4)(A)(iii),’’. 

14 SEC. 6. GUIDANCE REGARDING IMPLEMENTATION. 

15 (a) IN GENERAL.—The Secretary of Housing and 

16 Urban Development jointly with the Secretary of Agri17 culture, in consultation with the Secretary of Health and 

18 Human Services, shall develop guidance for public housing 

19 agencies and owners of assisted housing regarding how to 

20 correctly and efficiently implement and comply with the 

21 requirements of this Act and the amendments made by 

22 this Act and shall make such guidance available to such 

23 agencies and owners. 

24 (b) CONSULTATION WITH HHS.—The Secretary of 

25 Housing and Urban Development jointly with the Sec26 retary of Agriculture shall consult with the Secretary of 


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1 Health and Human Services to provide such information 

2 and guidance to the Secretary of Health and Human Serv3 ices as may be necessary to facilitate such Secretary in 

4 informing States and public child welfare agencies on how 

5 to correctly and efficiently implement and comply with the 

6 requirements of this Act and the amendments made by 

7 this Act. 

Æ 


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