I 

115TH CONGRESS 

2D SESSION H. R. 5602 

To amend the United States Housing Act of 1937 to establish pass-through 

lease arrangements for uninhabitable dwelling units, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2018 

Mr. SEAN PATRICK MALONEY of New York (for himself and Mr. ESPAILLAT) 

introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To amend the United States Housing Act of 1937 to establish pass-through lease arrangements for uninhabitable 

dwelling units, 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 ‘‘Affordable Housing 

5 Protection Act’’. 


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1 SEC. 2. PASS-THROUGH LEASE ARRANGEMENTS FOR UN2 INHABITABLE DWELLING UNITS. 

3 Section 8(c) of the United States Housing Act of 

4 1937 (42 U.S.C. 1437f(c)) is amended by adding at the 

5 end the following new paragraph: 

6 ‘‘(7) PASS-THROUGH LEASE ARRANGEMENTS.— 

7 ‘‘(A) IN GENERAL.—Any owner of a cov8 ered dwelling unit that was rendered uninhabit9 able shall, if approved by the Secretary, tempo10 rarily lease a habitable dwelling unit in another 

11 building for the covered resident for the period 

12 during which such unit is repaired. 

13 ‘‘(B) GUIDANCE.—The Secretary shall 

14 issue guidance establishing policies for a tem15 porary lease arrangement described in subpara16 graph (A), which shall include— 

17 ‘‘(i) a description of the process and 

18 the length of time allowed for identifying a 

19 habitable dwelling unit in another building; 

20 and 

21 ‘‘(ii) procedures if such a habitable 

22 dwelling unit is not available. 

23 ‘‘(C) PAYMENTS.—The following condi24 tions shall apply to a temporary lease arrange25 ment described under subparagraph (A): 


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1 ‘‘(i) OWNER PAYMENTS.—The owner 

2 of a covered dwelling unit shall be respon3 sible for ensuring that the owner of the 

4 unit temporarily leased receives monthly 

5 payments for rent. 

6 ‘‘(ii) COVERED RESIDENT PAY7 MENTS.—A covered resident residing in a 

8 unit temporarily leased shall make monthly 

9 payments for rent to the owner of the cov10 ered dwelling unit such covered resident 

11 previously occupied. Such payments may 

12 not exceed the maximum monthly rent es13 tablished pursuant to the assistance con14 tract. 

15 ‘‘(D) REPAIRED COVERED DWELLING

16 UNITS.—Upon completion of repairs to a cov17 ered dwelling unit that was rendered uninhabit18 able, the owner of such unit shall provide writ19 ten notice to the covered resident that such unit 

20 is habitable and that the covered resident may 

21 choose to return to such unit. The owner may 

22 not offer such unit to another eligible applicant 

23 under this section unless— 

24 ‘‘(i) the covered resident chooses not 

25 to return to such unit; and 


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1 ‘‘(ii) the owner terminates the tem2 porary lease arrangement described in sub3 paragraph (A). 

4 ‘‘(E) APPLICATION.—This paragraph shall 

5 apply to the renewal of any assistance contract 

6 for project-based assistance under this section. 

7 ‘‘(F) DEFINITIONS.—In this paragraph: 

8 ‘‘(i) COVERED DWELLING UNIT.—The 

9 term ‘covered dwelling unit’ means an ex10 isting dwelling unit that receives project11 based assistance through an assistance 

12 contract under this section. 

13 ‘‘(ii) COVERED RESIDENT.—The term 

14 ‘covered resident’ means a resident of a 

15 covered dwelling unit before such unit was 

16 rendered uninhabitable. 

17 ‘‘(iii) HABITABLE DWELLING UNIT.— 

18 The term ‘habitable dwelling unit’ means a 

19 dwelling unit for which a third party in20 spector approved by the Secretary, has de21 termined meets housing quality standards 

22 established under section 6(f) or physical 

23 condition standards and physical inspection 


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1 requirements under section 200.855 of title 

2 24, Code of Federal Regulations.’’. 

Æ 


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