I 

118TH CONGRESS 

1ST SESSION H. R. 1431 

To amend the Fair Housing Act, to prohibit discrimination based on use 

of section 8 vouchers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2023 

Ms. VELA ́ZQUEZ introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committees on Ways 

and Means, and the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To amend the Fair Housing Act, to prohibit discrimination 

based on use of section 8 vouchers, 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 ‘‘Landlord Account5 ability Act of 2023’’. 

6 SEC. 2. PROHIBITING HOUSING DISCRIMINATION BASED 

7 ON SOURCE OF INCOME. 

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

9 3601 et seq.) is amended— 


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

2 at the end the following: 

3 ‘‘(p) ‘Source of income’ includes— 

4 ‘‘(1) current and future use of a tenant- or 

5 project-based housing voucher under section 8 of the 

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

7 1437f) and any form of Federal, State, or local 

8 housing assistance provided to a person or family or 

9 provided to a housing owner on behalf of a person 

10 or family, including rental vouchers, rental assist11 ance, down payment assistance, other homeowner12 ship assistance, assistance to cover housing costs, 

13 and other rental and homeownership subsidies, or 

14 guarantees or financial assistance provided through 

15 government and nongovernment organizations, in16 cluding both receipt of such assistance and compli17 ance with its terms thereof; 

18 ‘‘(2) income received as a monthly benefit 

19 under title II of the Social Security Act (42 U.S.C. 

20 401 et seq.), as a supplemental security income ben21 efit under title XVI of the Social Security Act (42 

22 U.S.C. 1381 et seq.), or as a benefit under the Rail23 road Retirement Act of 1974 (45 U.S.C. 231 et 

24 seq.) or income provided through Federal, State, or 

25 local governments or nongovernment organizations, 


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1 or through any public or State-supported general or 

2 disability income assistance program or the terms of 

3 such income; 

4 ‘‘(3) income received by court order, including 

5 spousal support and child support; 

6 ‘‘(4) any payment from a trust, guardian, con7 servator, co-signer, or relative; and 

8 ‘‘(5) any other source of income or funds, in9 cluding savings accounts and investments.’’; 

10 (2) in section 804 (42 U.S.C. 3604)— 

11 (A) by inserting ‘‘source of income,’’ after 

12 ‘‘familial status,’’ each place that term appears; 

13 and 

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

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

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

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

18 of income,’’ after ‘‘handicap,’’; 

19 (4) in section 806 (42 U.S.C. 3606), by insert20 ing ‘‘source of income,’’ after ‘‘familial status,’’; 

21 (5) in section 807 (42 U.S.C. 3607), by adding 

22 at the end the following new subsection: 

23 ‘‘(c) Nothing under this title shall be construed to 

24 prohibit any entity from providing a preference for vet25 erans or based on veteran status in the sale or rental of 


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1 a dwelling or in the provision of services or facilities in 

2 connection therewith.’’; 

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

4 by inserting ‘‘source of income,’’ after ‘‘handicap,’’; 

5 and 

6 (7) in section 810(f) (42 U.S.C. 3610(f)), by 

7 striking paragraph (4) and inserting the following: 

8 ‘‘(4) During the period beginning on the date of en9 actment of the Landlord Accountability Act of 2023 and 

10 ending on the date that is 40 months after such date of 

11 enactment, each agency certified for purposes of this title 

12 on the day before such date of enactment shall, for pur13 poses of this subsection, be considered certified under this 

14 subsection with respect to those matters for which the 

15 agency was certified on that date. If the Secretary deter16 mines in an individual case that an agency has not been 

17 able to meet the certification requirements within this 40- 

18 month period due to exceptional circumstances, such as 

19 the infrequency of legislative sessions in that jurisdiction, 

20 the Secretary may extend such period by not more than 

21 6 months.’’. 

22 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS23 ING CASES.—Section 901 of the Civil Rights Act of 1968 

24 (42 U.S.C. 3631) is amended by inserting ‘‘source of inVerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431

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1 come (as defined in section 802),’’ before ‘‘or national ori2 gin’’ each place that term appears. 

3 (c) AUTHORIZATION OF APPROPRIATIONS FOR EN4 FORCEMENT.—There is authorized to be appropriated for 

5 contracts, grants, and other assistance— 

6 (1) $90,000,000 for each of fiscal years 2024 

7 through 2033 for the Fair Housing Initiatives Pro8 gram under section 561 of the Housing and Com9 munity Development Act of 1987 (42 U.S.C. 

10 3616a); 

11 (2) $47,000,000 for each of fiscal years 2024 

12 through 2033 for the Fair Housing Assistance Pro13 gram under the Fair Housing Act (42 U.S.C. 3601 

14 et seq.); and 

15 (3) $3,000,000 for each of fiscal years 2024 

16 through 2026 to the Secretary of Housing and 

17 Urban Development for a carrying out national 

18 media campaign to raise public awareness to help in19 dividuals understand their expanded rights under 

20 the Fair Housing Act and learn how to report inci21 dents of housing discrimination. 


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1 SEC. 3. PENALTIES FOR INTENTIONAL ACTS TO DIS2 QUALIFY DWELLING UNITS FROM ELIGI3 BILITY FOR FEDERAL HOUSING PROGRAMS. 

4 (a) VIOLATION.—An owner of a dwelling unit that 

5 is available for rental may not take any action, or fail to 

6 take any action, with the intent to make the dwelling unit 

7 insufficiently decent, safe, sanitary, or inhabitable, or 

8 cause such other physical condition, so that the dwelling 

9 does not qualify for assistance within the jurisdiction of 

10 the Department (as such term is defined in section 102(m) 

11 of the Department of Housing and Urban Development 

12 Reform Act of 1989 (42 U.S.C. 3545(m))). 

13 (b) CIVIL MONEY PENALTIES.—Any person who is 

14 found by the Secretary of Housing and Urban Develop15 ment, after notice and opportunity for a hearing in accord16 ance with section 554 of title 5, United States Code, to 

17 have violated subsection (a) shall be assessed a civil money 

18 penalty by the Secretary in the amount of $100,000 for 

19 each such action or failure to act. 

20 (c) LIABILITY TO TENANTS.—A tenant who, at the 

21 time of a violation under subsection (a), occupies the 

22 dwelling unit to which the violation relates may bring a 

23 civil action for damages in the following amounts: 

24 (1) $50,000 for each action or failure to act in 

25 violation of subsection (a). 


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1 (2) Any actual damages and costs to the tenant 

2 resulting from the violation, including any costs of 

3 finding a replacement dwelling unit. 

4 SEC. 4. PENALITIES FOR VACANT UNITS. 

5 (a) VIOLATION; PENALTY.—In the case of a dwelling 

6 unit that is located in a multifamily housing project, quali7 fies for assistance within the jurisdiction of the Depart8 ment (as such term is defined in section 102(m) of the 

9 Department of Housing and Urban Development Reform 

10 Act of 1989 (42 U.S.C. 3545 (m))), is available for rental, 

11 and is found, after notice and opportunity for a hearing 

12 in accordance with section 554 of title 5, United States 

13 Code, to be intentionally left vacant by the owner for a 

14 period of more than 60 days that begins as provided under 

15 subsection (b), the owner shall be assessed a civil money 

16 penalty in the amount of $100,000 for every 30 days that 

17 the unit is found to be intentionally left vacant. 

18 (b) TIMING.— 

19 (1) NEW UNITS.—In the case of a dwelling unit 

20 that has not previously been occupied, such 60-day 

21 period shall commence on the day that the unit is 

22 first habitable for occupancy, as determined by the 

23 Secretary. 

24 (2) EXISTING UNITS.—In the case of a dwelling 

25 unit that has previously been occupied, such 60-day 


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1 period shall commence on the day that the unit was 

2 vacated by the most recent tenant. 

3 (c) TREATMENT OF REPAIRS.—In making a deter4 mination with respect to a violation under subsection 

5 (a)— 

6 (1) the Secretary shall presume, subject to 

7 paragraph (2), that a dwelling unit that is vacant 

8 during any period between tenancies that the unit is 

9 being repaired, updated, renovated, or refurbished is 

10 not available for rental during such period; and 

11 (2) the Secretary shall treat such presumption 

12 as having been rebutted upon a showing by a pro13 spective tenant, or agent thereof, that a reasonable 

14 period of time for such updating, renovation, or re15 furbishment elapsed. 

16 SEC. 5. RESOURCES FOR RECEIVING AND RESOLVING COM17 PLAINTS REGARDING MULTIFAMILY HOUS18 ING PROJECTS. 

19 (a) INCREASED HUD STAFFING FOR COMPLAINT

20 CALL STAFFING.— 

21 (1) INCREASED STAFFING.—The Secretary 

22 shall, not later than the expiration of the 180-day 

23 period beginning on the date of the enactment of 

24 this Act, increase the staffing level for the Multi25 family Housing Complaint Line established and opVerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431

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1 erated by the Multifamily Housing Clearinghouse of 

2 the Department so that it is sufficient and appro3 priate to handle the volume of calls received without 

4 unreasonable waiting periods. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.—For 

6 carrying out paragraph (1), there are authorized to 

7 be appropriated to the Secretary such sums as may 

8 be necessary for each fiscal year for carrying out 

9 paragraph (1). 

10 (b) MULTIFAMILY HOUSING COMPLAINT RESOLU11 TION PROGRAM.— 

12 (1) IN GENERAL.—The Secretary shall carry 

13 out a Multifamily Housing Complaint Resolution 

14 Program for receiving complaints about multifamily 

15 housing projects from voucher users who reside in 

16 such projects and local governmental officials, under 

17 which the Secretary shall provide for— 

18 (A) gathering of information regarding 

19 each such complaint; 

20 (B) determining whether there is a likeli21 hood that there is any violation of the require22 ments under the rental assistance voucher pro23 gram relating to such complaint; 

24 (C) informing the owner or landlord of the 

25 complaint and any violations; and 


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1 (D) attempting to resolve the complaint 

2 and violations, including through mediation. 

3 (2) RESOLUTION.—The Secretary may provide 

4 for carrying out the activities required under para5 graph (1)(D) through regional or field offices of the 

6 Department or through such local or private organi7 zations or agencies as the Secretary determines have 

8 appropriate capabilities and expertise to carry out 

9 such activities. 

10 (3) FUNDING.—Amounts made available for ad11 ministrative fees under section 8(q) of the United 

12 States Housing Act of 1937 (42 U.S.C. 1437f(q)) 

13 shall be available for carrying out the program 

14 under this subsection. 

15 (4) REGULATIONS.—Not later than the expira16 tion of the 12-month period beginning on the date 

17 of the enactment of this Act, the Secretary shall 

18 issue any regulations necessary to establish the Pro19 gram required under this subsection. 

20 SEC. 6. HUD DISCLOSURE OF LANDLORD COMPLAINTS. 

21 (a) PUBLIC DISCLOSURE.—The Secretary shall pub22 licly disclose, on a website of the Department and on a 

23 timely basis, information regarding each complaint re24 ceived under the Program establish pursuant to section 

25 5(b), which shall include for each such complaint— 


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1 (1) the nature of the complaint; 

2 (2) the date on which such complaint was sub3 mitted to the Department; 

4 (3) the disposition, as of the time of such dis5 closure, of such complaint; and 

6 (4) information identifying the multifamily 

7 housing project to which such complaint relates. 

8 (b) REPORTS TO CONGRESS.—The Secretary of 

9 Housing and Urban Development shall submit a report 

10 annually to the Committee on Financial Services of the 

11 House of Representatives and the Committee on Banking, 

12 Housing, and Urban Affairs of the Senate summarizing 

13 the complaints described in subsection (a) that were re14 ceived by the Department during the preceding year and 

15 describing the disposition to such date of such complaints. 

16 SEC. 7. TAX CREDIT INCENTIVE FOR MAINTENANCE OF 

17 MULTIFAMILY HOUSING WITH VOUCHER 

18 USER TENANTS. 

19 (a) IN GENERAL.—Subpart D of part IV of sub20 chapter A of chapter 1 of the Internal Revenue Code of 

21 1986 is amended by adding at the end the following new 

22 section: 

23 ‘‘SEC. 45AA. LOW-INCOME HOUSING MAINTENANCE CREDIT. 

24 ‘‘(a) IN GENERAL.—For purposes of section 38, in 

25 the case of an eligible landlord, the low-income housing 


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1 maintenance credit determined under this section for the 

2 taxable year is an amount equal to the amount of the tax3 payer’s low-income housing maintenance expenses for such 

4 taxable year. 

5 ‘‘(b) LIMITATIONS.— 

6 ‘‘(1) PER UNIT LIMITATION.—The credit al7 lowed under subsection (a) with respect to any tax8 payer for any taxable year shall not exceed the prod9 uct of $2,500 multiplied by the number of low-in10 come housing units owned by the taxpayer. 

11 ‘‘(2) PER BUILDING LIMITATION.—The credit 

12 allowed under subsection (a) with respect to any tax13 payer for any taxable year shall not exceed the prod14 uct of $100,000 multiplied by the number of eligible 

15 low-income housing projects owned by the taxpayer. 

16 ‘‘(3) PER TAXPAYER LIMITATION.—The credit 

17 allowed under subsection (a) with respect to any tax18 payer for any taxable year shall not exceed 

19 $500,000. 

20 ‘‘(c) ELIGIBLE LANDLORD.—For purposes of this 

21 section, the term ‘eligible landlord’ means any taxpayer 

22 for any taxable year if— 

23 ‘‘(1) such taxpayer owns one or more eligible 

24 low-income housing projects during such taxable 

25 year, and 


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1 ‘‘(2) either— 

2 ‘‘(A) each complaint that is filed, under 

3 the program under section 5(b) of the Landlord 

4 Accountability Act of 2023, during such taxable 

5 year with respect to a dwelling unit in an eligi6 ble low-income housing project owned by such 

7 taxpayer has been determined by the Secretary 

8 of Housing and Urban Development to have 

9 been remedied not later than the date which is 

10 30 days after the date on which such complaint 

11 is so filed, or 

12 ‘‘(B) no such complaint has been filed with 

13 respect to such a dwelling unit in such a hous14 ing project owned by such taxpayer during such 

15 taxable year. 

16 ‘‘(d) OTHER DEFINITIONS.—For purposes of this 

17 section— 

18 ‘‘(1) LOW-INCOME HOUSING MAINTENANCE EX19 PENSES.—The term ‘low-income housing mainte20 nance expenses’ means the aggregate amount paid 

21 or incurred by the taxpayer during the taxable year 

22 for maintenance or improvement of low-income hous23 ing units. 

24 ‘‘(2) ELIGIBLE LOW-INCOME HOUSING

25 PROJECT.—The term ‘eligible low-income housing 


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1 project’ means, with respect to a taxable year, a 

2 housing project— 

3 ‘‘(A) that consists of five or more dwelling 

4 units at least one of which was occupied during 

5 such year by a family who rented the dwelling 

6 unit using a voucher for rental assistance under 

7 section 8(o) of the United States Housing Act 

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

9 ‘‘(B) with respect to which the eligible 

10 landlord has entered into such binding agree11 ments as the Secretary of Housing and Urban 

12 Development shall require to ensure that rents 

13 for dwelling units in the project do not, at any 

14 time after the taxable year in which a low-in15 come housing maintenance credit under this 

16 section is allowable, exceed the applicable fair 

17 market rental under section 8(c) of the United 

18 States Housing Act of 1937 (42 U.S.C. 

19 1437f(c)) for the market area in which the 

20 project is located. 

21 ‘‘(3) LOW-INCOME HOUSING UNIT.—The term 

22 ‘low-income housing unit’ means a dwelling unit 

23 within an eligible low-income housing project. 

24 ‘‘(e) AGGREGATION RULE.—All persons treated as a 

25 single employer under subsection (a) or (b) of section 52 


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1 or subsection (m) or (o) of section 414 shall be treated 

2 as one person for purposes of applying this section. The 

3 credit determined under subsection (a) (after application 

4 of subsection (b)) shall be allocated among such persons 

5 in such manner as the Secretary may prescribe. 

6 ‘‘(f) TERMINATION.—No credit shall be determined 

7 under this section with respect to any taxable year begin8 ning after December 31, 2033.’’. 

9 (b) CREDIT TO BE PART OF GENERAL BUSINESS

10 CREDIT.—Section 38(b) of such Code is amended by strik11 ing ‘‘plus’’ at the end of paragraph (37), by striking the 

12 period at the end of paragraph (38) and inserting ‘‘, plus’’, 

13 and by adding at the end the following new paragraph: 

14 ‘‘(39) in the case of an eligible landlord (as de15 fined in section 45AA(c)), the low-income housing 

16 maintenance credit determined under section 

17 45AA.’’. 

18 (c) CLERICAL AMENDMENT.—The table of sections 

19 for subpart D of part IV of subchapter A of chapter 1 

20 of such Code is amended by adding at the end the fol21 lowing new item: 

‘‘Sec. 45AA. Low-income housing maintenance credit.’’. 

22 (d) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to taxable years beginning after 

24 December 31, 2023. 


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1 SEC. 8. PUBLIC DISPLAY OF TENANT’S RIGHTS AND COM2 PLAINT LINE. 

3 (a) REQUIRED DISPLAY.—An owner of a multifamily 

4 housing project which qualifies for assistance within the 

5 jurisdiction of the Department (as such term is defined 

6 in section 102(m) of the Department of Housing and 

7 Urban Reform Act of 1989 (42 U.S.C. 3545 (m)) shall 

8 display, at all times and in clear and conspicuous location 

9 on each floor of such project that contains any dwelling 

10 unit, a written notice that includes— 

11 (1) a statement describing the rights under 

12 Federal law afforded to tenants of the project; 

13 (2) the phone number for the Multifamily 

14 Housing Complaint Line established and operated by 

15 the Multifamily Housing Clearinghouse; and 

16 (3) the phone number for a regional or local of17 fice of the Department which can provide tenants 

18 additional information regarding State and local re19 sources for tenants. 

20 (b) CIVIL MONEY PENALTY.—Any person who is 

21 found by the Secretary of Housing and Urban Develop22 ment, after notice and opportunity for a hearing in accord23 ance with section 554 of title 5, United States Code, to 

24 have failed to make a good faith effort to display notice 

25 complying with subsection (a) may be assessed a civil 

26 money penalty by the Secretary in the amount of $500 


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1 for each day of each such failure, except that the Secretary 

2 shall waive such penalty in any case in which an owner 

3 cures such violation within the 5-day period beginning 

4 upon notice by the Secretary of such violation. 

5 (c) MODEL NOTICE.— 

6 (1) DEVELOPMENT.—Not later than the expira7 tion of the 12-month period beginning on the date 

8 of the enactment of this Act, the Secretary shall de9 velop and publish in the Federal Register a model 

10 notice that fulfills the requirements under subsection 

11 (a)(1). 

12 (2) AVAILABILITY.—The Secretary shall make 

13 copies of the notice developed pursuant to paragraph 

14 (1) available, upon request, to owners of multifamily 

15 housing projects. 

16 (d) APPLICABILITY.—Subsections (a) and (b) shall 

17 apply beginning upon the expiration of the 60-day period 

18 that begins on the date that the Secretary publishes notice 

19 in the Federal Register pursuant to subsection (c)(1). 

20 (e) REGULATIONS.—Not later than the expiration of 

21 the 180-day period beginning on the date of the enactment 

22 of this Act, the Secretary shall issue regulations to carry 

23 out this section. 


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1 SEC. 9. GRANTS FOR TENANT HARASSMENT PREVENTION 

2 PROGRAMS. 

3 (a) AUTHORITY.—The Secretary may, to the extent 

4 amounts are made available for grants under this section, 

5 make grants to States, Indian tribes, units of local govern6 ment, and nonprofit, nongovernmental affordable housing 

7 organizations to develop, expand, or assist tenant harass8 ment prevention programs. 

9 (b) TENANT HARASSMENT PREVENTION PRO10 GRAM.—For purposes of this section, the term ‘‘tenant 

11 harassment prevention program’’ means any program or 

12 activities designed to protect, assist, or educate tenants 

13 of residential rental dwelling units regarding harassing or 

14 illegal behavior by their landlords intended to force the 

15 tenant to vacate the dwelling unit or surrender any of 

16 their rights as tenants. Such term includes programs and 

17 activities providing legal assistance, counseling, education, 

18 intervention, complaint processes. 

19 (c) FEDERAL SHARE.—The amount of a grant under 

20 this section for any tenant harassment prevention pro21 gram may not exceed 75 percent of the total costs of the 

22 program or activities to be carried out, including adminis23 trative costs. 

24 (d) APPLICATIONS.—The Secretary shall provide for 

25 eligible entities specified in subsection (a) to apply for 

26 grants under this section, which applications shall describe 


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1 the tenant harassment prevention program to be assisted 

2 with grant amounts, the activities to be carried out under 

3 the program, and the projected costs of such activities. 

4 (e) SELECTION.—The Secretary shall select appli5 cants to receive grants based on criteria that the Secretary 

6 shall establish. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated $25,000,000 for each 

9 of fiscal years 2024 through 2028 for grants under this 

10 section. 

11 SEC. 10. DEFINITIONS. 

12 For purposes of this Act, the following definitions 

13 shall apply: 

14 (1) MULTIFAMILY HOUSING PROJECT.—The 

15 term ‘‘multifamily housing project’’ means a housing 

16 project consisting of five or more dwelling units. 

17 (2) RENTAL ASSISTANCE VOUCHER.—The term 

18 ‘‘rental assistance voucher’’ means a voucher for 

19 rental assistance made available under section 8(o) 

20 of the United States Housing Act of 1937 (42 

21 U.S.C. 1437f(o)). 

22 (3) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Housing and Urban Development. 


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1 (4) VOUCHER USER.—The term ‘‘voucher user’’ 

2 means a family who is renting a dwelling unit using 

3 a rental assistance voucher. 

4 SEC. 11. REGULATIONS. 

5 The Secretary may issue any regulations necessary 

6 to carry out this Act. 

Æ 


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