SHELTER Act of 2020

To expand the housing choice voucher program of the Department of Housing and Urban Development to provide temporary housing during the COVID-19 health crisis, and for other purposes. 1. Short title This Act may be cited as the COVID-19 Serving the Homeless by Expanding the List of Tenant Eligible Residences Act of 2020 SHELTER Act of 2020 2. Covid-emergency housing voucher program (a) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for fiscal year 2020 to fund 500,000 incremental vouchers for tenant-based assistance under the housing choice voucher program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (b) Eligible families Housing voucher assistance under this section may be provided on behalf only of low-income families who, as of the creating a disaster recovery voucher recovery program for individuals who were unsheltered or living in shelters as of the declaration on March 13, 2020, by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 4121 (c) Eligible dwelling units In addition to dwelling units eligible to be rented using assistance under section 8(o) of the United States Housing Act of 1937, rental assistance under this section may be used to rent dwelling units that meet the following requirements: (1) Types of housing The dwelling unit is of one of the following types: (A) Special housing types All special housing types identified in section 982.601 of the Secretary’s regulations (24 C.F.R. 982.601). (B) Junior accessory dwelling units A dwelling unit that— (i) does not exceed 500 square feet in size; and (ii) is contained entirely within an existing single-family structure. Such a unit may include separate sanitation facilities and or may share sanitation facilities with the existing structure. (C) Recreational vehicles Recreational vehicles that are equipped with a bathroom and cooking facility. (D) Hotel and motel rooms Vacant rooms in hotels and motels, except that in the case of a hotel or motel that has an existing contract with a public housing agency providing rental assistance with respect to any rooms occupied by eligible families under subsection (b)— (i) the hotel or motel may, at its discretion, extend its existing contract with the applicable public housing agency to allow the families residing in the rooms to extend their occupancies under such contract using such voucher; or (ii) in the case of a hotel or motel that elects not to extend such contract, at the discretion of the hotel or motel, the eligible family may use such a voucher to continue occupying such room. (E) Short-term rental units A dwelling unit made available for short-term rental by the owner of the dwelling unit, including by an online marketplace such as Airbnb or HomeAway. (F) Temporary emergency shelter A temporary emergency shelter that under the 10th proviso under the heading Department of Housing and Urban Development—Community Planning and Development—Homeless Assistance Grants Public Law 116–136 (2) Owner agreement The owner of the dwelling unit is an individual and voluntarily agrees to rent the dwelling unit in connection with assistance under this section. (3) Kitchen The dwelling unit— (A) (i) contains a kitchen or cooking facility; or (ii) has access to a communal kitchen or cooking facility; or (B) is exempted from the requirement under subparagraph (A) on a case-by-case basis by the State or local government agency, public housing agency, or other entity administering such assistance. (d) Waiver of eligibility requirements In providing assistance under this section, the Secretary shall waive the requirements under the following provisions of section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) Tenant rent contribution Subsection (o)(2) of such section, relating to tenant contributions towards rent, except that any such waiver shall expire on an individual's return to work. (2) Eligible families Subsection (o)(4) of such section, relating to the eligibility of individuals and families to receive assistance. (3) Verification of income Subsections (k) and (o)(5), relating to verification of income. (4) Lease term Subsection (o)(7)(A), relating to the requirement that leases shall be for a term of 1 year. (5) Portability Subsection (r)(1)(B), relating to restrictions on portability. (e) Use of funds Notwithstanding any other provision of law, funds available for assistance under this section— (1) shall be available to cover the cost of— (A) rent; (B) security and utility deposits; (C) relocation expenses, including expenses incurred in relocating back to an assisted family’s original area of residence; and (D) such additional expenses as the Secretary determines necessary; and (2) shall be used by the Secretary— (A) for payments to public housing agencies, State or local government agencies, or other voucher administrators for voucher assistance under this section; and (f) Payment standard For purposes of assistance under this section, the payment standard for each size of dwelling unit in a market area may not exceed 150 percent, or such higher percentage that the Secretary may approve, of the fair market rental established under section 8(c) of the United States Housing Act of 1937 for the same size dwelling unit in the same market area, and shall be not less than 70 percent of such fair market rental. (g) Authority To contract with PHAS and others The Secretary may contract with any State or local government agency or public housing agency, or in consultation with any State or local government agency, with any other entity, to administer assistance payments under this section and ensure that such payments are provided in an efficient and expeditious manner. (h) Nondiscrimination In selecting individuals or families for tenancy, a landlord or owner may not exclude or penalize an individual or family solely because any portion of the rental payment of that individual or family is provided under this section. (i) Duration A voucher under this subsection for rental assistance shall provide such assistance for a period of 24 months, except that such period may be extended if the Secretary considers necessary to respond to the public health emergency relating to Coronavirus Disease 2019 (COVID-19) or for other reasons. (j) Allocation Amounts made available for assistance under this section shall be allocated to public housing agencies based on the Secretary’s most recent point-in-time count of the extent of homelessness in the area served by such public housing agencies. (k) Direct administration by Secretary If the Secretary determines that a State or local government agency, public housing agency, or other entity is unable to implement this section due to the effects of the public health emergency relating to COVID-19, the Secretary may— (1) directly administer a voucher program under this section for the area affected; and (2) perform the functions in connection with such administration that are assigned by this subsection to a State or local agency, public housing agency, or other entity. (l) Study The Secretary shall conduct a study to determine the feasibility of permanently authorizing the types described in subparagraphs (B) through (D) of subsection (c)(1) as special housing types for purposes of the housing choice voucher program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (m) Notice of availability of assistance The Secretary shall establish procedures for State and local agencies, public housing agencies, and other entities administering assistance under this section to provide notice of the availability of assistance under this section to individuals or families that may be eligible for such assistance. (n) Definitions For purposes of this Act, the following definitions shall apply: (1) COVID-19 The term COVID-19 emergency period 42 U.S.C. 4121 (2) Public housing agency The term public housing agency 42 U.S.C. 1437a(b) (3) Secretary The term Secretary 3. Authorization of appropriations for housing choice vouchers In addition to amounts authorized to be appropriated under section 2(a), there is authorized to be appropriated such sums as may be necessary for fiscal year 2020 to fund 200,000 incremental vouchers for tenant-based assistance under the housing choice voucher program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)

Summary: COVID-19 Serving the Homeless by Expanding the List of Tenant Eligible Residences Act of 2020 or the SHELTER Act of 2020 This bill expands the housing choice voucher program for low-income families and authorizes additional vouchers. Specifically, the bill authorizes incremental housing vouchers for families that were unsheltered or living in shelters as of the March 13, 2020, presidential emergency declaration relating to COVID-19 (i.e., coronavirus disease 2019). Such vouchers may be used to rent an eligible housing unit under the existing program or to rent other types of housing, including recreation vehicles, hotel or motel rooms, and short-term rental units. Further, the bill waives certain requirements for receiving such assistance, such as requirements related to income verification and lease duration. The bill also authorizes additional incremental vouchers under the existing housing choice voucher program.