Ending Homelessness Act of 2021

To provide a path to end homelessness in the United States, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Ending Homelessness Act of 2021 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Expansion of housing choice voucher program. Sec. 3. Entitlement program for housing choice vouchers. Sec. 4. Repeal of ineligibility criteria. Sec. 5. Prohibiting housing discrimination based on source of income. Sec. 6. Funding to address unmet need. Sec. 7. Housing Trust Fund. Sec. 8. Technical assistance funds to help States and local organizations align health and housing systems. Sec. 9. Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants. Sec. 10. Permanent extension of United States Interagency Council on Homelessness. Sec. 11. Eligibility of private nonprofit organizations for funding. Sec. 12. Eligibility of faith-based organizations. Sec. 13. Conforming amendments. 2. Expansion of housing choice voucher program (a) Funding There is appropriated out of any money in the Treasury not otherwise appropriated, for providing incremental voucher assistance in accordance with this section for each of fiscal years 2022 through 2025, the amount necessary to fund— (1) the number of incremental vouchers required to be allocated under subsection (c); (2) annual renewals of the vouchers allocated under subsection (c); and (3) administrative fees for vouchers allocated under subsection (c). (b) Eligible households Amounts made available under subsection (a) may be used only for providing rental housing assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (1) has an income that does not exceed 50 percent of the maximum income limitation for extremely low-income families established by the Secretary of Housing and Urban Development (in this section referred to as the Secretary (2) is an extremely low-income family that includes an individual who is an individual who is a recipient of supplemental security income benefits under title XVI of the Social Security Act. (c) Allocation (1) Incremental vouchers The Secretary of Housing and Urban Development shall allocate 500,000 incremental vouchers in fiscal year 2022 and 1,000,000 incremental vouchers in increments of 500,000 in each calendar year from 2023 through 2025 under this section to public housing agencies pursuant to section 213(d) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 1439 (2) Selection criteria The Secretary shall, by notice in the Federal Register, establish selection criteria under such section 213(d) that prioritizes housing needs among families targeted under subsection (b) and severe housing hardship, such as experiencing homelessness, overcrowding or evictions. (3) Rental assistance Vouchers allocated under this subsection shall be vouchers for rental assistance under section 8(o) of the United States Housing Act of 1937. 3. Entitlement program for housing choice vouchers (a) Entitlement During fiscal year 2026 and each fiscal year thereafter, any family that is otherwise eligible for tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (b) Funding For fiscal year 2026 and each fiscal year thereafter, there is appropriated out of any money in the Treasury not otherwise appropriated the amount necessary— (1) to provide assistance under section 8(o) of the United States Housing Act of 1937 in accordance with the entitlement under subsection (a) of this section for each qualified family in the amount determined under such section 8(o); and (2) to provide administrative fees under such section 8(q), as modified pursuant to subsection (i) of this section, in connection with each voucher for assistance provided pursuant to paragraph (1) of this subsection. (c) Qualified families For purposes of this section, the term qualified family (1) Fiscal year 2026 For fiscal year 2026, a family that meets the requirements under section 2(b) of this Act. (2) Fiscal year 2027 For fiscal year 2027, a family having an income that— (A) meets the requirements under section 2(b) of this Act; or (B) does not exceed 75 percent of the maximum income limitation for extremely low-income families established by the Secretary pursuant to section 3(b)(2)(C) of the United States Housing Act of 1937. (3) Fiscal year 2028 For fiscal year 2028, an extremely low-income family. (4) Fiscal year 2029 For fiscal year 2029, a very low-income family. (5) Fiscal year 2030 and after For fiscal year 2030 and each fiscal year thereafter, a low-income family. (d) Continuing eligibility A family shall meet the requirements under this subsection as a qualifying family if the family— (1) does not meet the requirements under subsection (c); and (2) was initially assisted under this section or section 2 of this Act and continues to be assisted. (e) Repeal of income targeting requirement Effective October 1, 2028, section 16 of the United States Housing Act of 1937 ( 42 U.S.C. 1437n (f) Administering agencies (1) Regional consortia The Secretary shall encourage and provide for public housing agencies to form regional consortia to administer the program for rental assistance under this section with respect to geographical areas. (2) PHA designation The Secretary shall designate a public housing agency to administer assistance under this section in any area where no existing public housing agency has jurisdiction or where no agency with jurisdiction is adequately administering such assistance, subject to public comment and after consultation with States, public housing agencies, local governments, Indian tribes, and tribally designated housing agencies. (g) Use of small area fair market rents Paragraph (1) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(1) (1) in subparagraph (B), by striking subparagraph (D) subparagraphs (D) and (F) (2) by adding at the end the following new subparagraph: (F) Use of small area fair market rents Effective for fiscal year 2022 and each fiscal year thereafter, the area fair market rents used for purposes of subparagraph (B) shall be stablished by the Secretary for zip code areas. . (h) Project-Basing (1) In general Notwithstanding subparagraph (A) of paragraph (13) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13)(A) (A) a qualified family residing in a dwelling unit so assisted may at any time opt to use such assistance on a tenant-based basis for a different dwelling unit and, upon such a move, the public housing agency shall provide the qualified family with tenant-based rental assistance under this section; and (B) subparagraph (B) of such section 8(o)(13) (relating to percentage limitation) shall not apply with respect to assistance under this section. (2) Percentage limitation For purposes of section 8(o)(13)(B) of the United States Housing Act of 1937, all families assisted by a public housing agency under this section shall be counted as authorized units for the agency (i) Security deposits (1) Authority An agency administering assistance under this section may authorize a qualified family assisted under this section to use such assistance for security deposits and broker and application fees relating to obtaining a dwelling unit, except that the Secretary may establish a limitation on the amount of such assistance used pursuant to this subsection and for each authorized purpose under this subsection. (2) Recapture The Secretary shall require the return to the Secretary of any amounts used for a security deposit with respect to a dwelling unit upon the termination of the residence in such unit by an assisted family. (j) Administrative fees Notwithstanding the administrative fee with respect to tenant-based assistance in effect on October 1, 2021, pursuant section 8(q) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(q) (k) Prohibition of use under Moving to Work program None of the amounts made available by subsection (b) of this section or by section 2 of this Act may be used under, to carry out, or otherwise in connection with the Moving to Work demonstration program authorized by section 204 of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 ( Public Law 104–134 Public Law 114–113 (l) Definitions For purposes of this section, the following definitions shall apply: (1) Indian tribe; tribally designated housing agency The terms Indian tribe tribally designated housing agency 25 U.S.C. 4103 (2) Low-income family; very low-income family; extremely low-income family The terms low-income family very low-income family extremely low-income family 42 U.S.C. 1437a(b) (3) Public housing agency The term public housing agency 42 U.S.C. 1437a(b) (4) Secretary The term Secretary (5) State The term State 42 U.S.C. 1437a(b) 4. Repeal of ineligibility criteria (a) United States Housing Act of 1937 Effective October 1, 2025, section 6 of the United States Housing Act of 1937 ( 42 U.S.C. 1437d (1) in subsection (q)(1), by adding at the end the following new subparagraph: (D) Inapplicability This subsection shall not apply to applicants for, or families assisted under, the entitlement program for housing choice vouchers under section 3 of the Ending Homelessness Act of 2021 ; and (2) in subsection (s), by striking or assisted housing program (b) Quality Housing and Work Responsibility Act of 1998 The Quality Housing and Work Responsibility Act of 1998 is amended— (1) in section 576 ( 42 U.S.C. 13661 (A) by inserting covered federally assisted housing (B) by adding at the end the following new subsection: (f) Definition of covered federally assisted housing The term covered federally assisted housing federally assisted housing ; and (2) in section 577(a) ( 42 U.S.C. 13662(a) This subsection shall not apply to applicants for, or families assisted under, the entitlement program for housing choice vouchers under section 3 of the Ending Homelessness Act of 2021. . 5. Prohibiting housing discrimination based on source of income (a) In general The Fair Housing Act ( 42 U.S.C. 3601 et seq. (1) in section 802 ( 42 U.S.C. 3602 (p) Source of income (1) current and future use of a tenant- or project-based housing voucher under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (2) income received as a monthly benefit under title II of the Social Security Act ( 42 U.S.C. 401 et seq. 42 U.S.C. 1381 et seq. 45 U.S.C. 231 et seq. (3) income received by court order, including spousal support and child support; (4) any payment from a trust, guardian, conservator, co-signer, or relative; and (5) any other source of income or funds, including savings accounts and investments. ; (2) in section 804 ( 42 U.S.C. 3604 (A) by inserting source of income, familial status, (3) in section 805 ( 42 U.S.C. 3605 (A) in subsection (a), by inserting source of income, familial status, (B) in subsection (c), by inserting source of income, handicap, (4) in section 806 ( 42 U.S.C. 3606 source of income, familial status, (5) in section 807 ( 42 U.S.C. 3607 (c) Nothing under this title shall be construed to prohibit any entity from providing a preference for veterans or based on veteran status in the sale or rental of a dwelling or in the provision of services or facilities in connection therewith. ; (6) in section 808(e)(6) ( 42 U.S.C. 3608(e)(6) source of income, handicap, (7) in section 810(f) ( 42 U.S.C. 3610(f) (4) During the period beginning on the date of enactment of the Ending Homelessness Act of 2021 . (b) Prevention of intimidation in fair housing cases Section 901 of the Civil Rights Act of 1968 ( 42 U.S.C. 3631 source of income (as defined in section 802), or national origin (c) Authorization of appropriations for enforcement There is authorized to be appropriated for contracts, grants, and other assistance— (1) $90,000,000 for each of fiscal years 2022 through 2031 for the Fair Housing Initiatives Program under section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a (2) $47,000,000 for each of fiscal years 2022 through 2031 for the Fair Housing Assistance Program under the Fair Housing Act ( 42 U.S.C. 3601 et seq. (3) $3,000,000 for each of fiscal years 2022 through 2024 to the Secretary of Housing and Urban Development for a carrying out national media campaign to raise public awareness to help individuals understand their expanded rights under the Fair Housing Act and learn how to report incidents of housing discrimination. 6. Funding to address unmet need Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq) is amended— (1) by redesignating section 491 ( 42 U.S.C. 11408 (2) by redesignating section 592 ( 42 U.S.C. 11408a (3) by adding at the end the following new subtitle: E—Emergency Funding To Address Unmet Need 451. Funding to address unmet needs (a) Direct appropriations There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2022 through 2026, $1,000,000,000, to remain available until expended, for emergency relief grants under this section to address the unmet needs of homeless populations in jurisdictions with the highest need. (b) Formula grants (1) Allocation Amounts appropriated under subsection (a) for a fiscal year shall be allocated among collaborative applicants that comply with section 402, in accordance with the funding formula established under paragraph (2) of this subsection. (2) Formula The Secretary shall, in consultation with the United States Interagency Council on Homeless, establish a formula for allocating grant amounts under this section to address the unmet needs of homeless populations in jurisdictions with the highest need, using the best currently available data that targets need based on key structural determinants of homelessness in the geographic area represented by a collaborative applicant, which shall include data providing accurate counts of— (A) the poverty rate in the geographic area represented by the collaborative applicant; (B) shortages of affordable housing for low-, very low-, and extremely low-income households in the geographic area represented by the collaborative applicant; (C) the number of overcrowded housing units in the geographic area represented by the collaborative applicant; (D) the number of unsheltered homeless individuals and the number of chronically homeless individuals; and (E) any other factors that the Secretary considers appropriate. The formula shall provide priority to (i) collaborative applicants for which the local governments, within the area served by the applicant, have adopted local policies, such as through zoning and regulation, that leverage the private sector’s participation to provide housing that is reserved and affordable to low-, very low-, and extremely low-income households, as defined by the Secretary, for a minimum term of 15 years, and (ii) collaborative applicants for which the local governments have adopted policies that decriminalize homelessness. The Secretary shall establish by regulation the process and manner that local governments will be evaluated. The Secretary shall ensure that local governments are not incentivized or otherwise rewarded for eliminating or undermining the intent of zoning regulations or other regulations or policies that establish fair wages for laborers, ensure health and safety of buildings for residents and the general public, protect fair housing, establish environmental protections, establish standards for resiliency, prevent tenant displacement, or any other requirements that the Secretary determines it is in the public interest to preserve. (3) Grants For each fiscal year for which amounts are made available under subsection (a), the Secretary shall make a grant to each collaborative applicant for which an amount is allocated pursuant to application of the formula established pursuant to paragraph (2) of this subsection in an amount that is equal to the formula amount determined for such collaborative applicant. (4) Timing The funding formula required under paragraph (2) shall be established by regulations issued, after notice and opportunity for public comment, not later than 6 months after the date of enactment of this section. (c) Use of grants (1) In general Subject to paragraphs (2) through (4), a collaborative applicant that receives a grant under this section may use such grant amounts only for eligible activities under section 415, 423, or 441(b). (2) Permanent supportive housing requirement (A) Requirement Except as provided in subparagraph (B), each collaborative applicant that receives a grant under this section shall use not less than 75 percent of such grant amount for permanent supportive housing, including capital costs, rental subsidies, and services. (B) Exemption The Secretary shall exempt a collaborative applicant from the applicability of the requirement under subparagraph (A) if the applicant demonstrates, in accordance with such standards and procedures as the Secretary shall establish, that— (i) chronic homelessness has been functionally eliminated in the geographic area served by the applicant; or (ii) the permanent supportive housing under development in the geographic area served by the applicant is sufficient to functionally eliminate chronic homelessness once such units are available for occupancy. The Secretary shall consider and make a determination regarding each request for an exemption under this subparagraph not later than 60 days after receipt of such request. (3) Limitation on use for administrative expenses Not more than 5 percent of the total amount of any grant under this section to a collaborative applicant may be used for costs of administration. (4) Housing First requirement The Secretary shall ensure that each collaborative applicant that receives a grant under this section is implementing, to the extent possible, and will use such grant amounts in accordance with, a Housing First model for assistance for homeless persons. (d) Renewal funding Expiring contracts for leasing, rental assistance, or permanent housing shall be treated, for purposes of section 429, as expiring contracts referred to in subsection (a) of such section. (e) Reporting to Congress (1) Annual reports Not later than the expiration of the 12-month period beginning upon the first allocation of amounts made after the date of the enactment of this Act pursuant to subsection (b)(1), and annually thereafter, the Secretary and the United States Interagency Council on Homelessness shall submit a report to the Committees on Financial Services and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate providing detailed information regarding the grants made under this section during the preceding year, the activities funded with such grant amounts, and the impact of such activities on the communities where such activities took place. (2) Collection of information by Secretary The Secretary shall require each collaborative applicant that receives a grant under this section to submit such information to the Secretary as may be necessary for the Secretary to comply with the reporting requirement under paragraph (1). 452. Outreach funding (a) Direct appropriation There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2022 through 2026, $100,000,000, to remain available until expended, to the Secretary for grants under this section to provide outreach and coordinate services for persons and households who are homeless or formerly homeless. (b) Grants (1) In general The Secretary shall make grants under this section on a competitive basis only to collaborative applicants who comply with section 402. (2) Priority The competition for grants under this section shall provide priority— (A) to collaborative applicants who submit plans to make innovative and effective use of staff funded with grant amounts pursuant to subsection (c); (B) to collaborative applicants for which the local governments, within the area served by the applicant, have adopted local policies, such as through zoning and regulation, that leverage the private sector’s participation to provide housing that is reserved and affordable to low-, very low-, and extremely low-income households, as defined by Secretary, for a minimum term of 15 years; and (C) to collaborative applicants for which the local governments have adopted policies that decriminalize homelessness. The Secretary shall establish by regulation the process and manner that local governments will be evaluated. The Secretary shall ensure that local governments are not incentivized or otherwise rewarded for eliminating or undermining the intent of zoning regulations or other regulations or policies that establish fair wages for laborers, ensure health and safety of buildings for residents and the general public, protect fair housing, establish environmental protections, establish standards for resiliency, prevent tenant displacement, or any other requirements that the Secretary determines it is in the public interest to preserve. (c) Use of grants A collaborative applicant that receives a grant under this section— (1) may use such grant amounts only for providing case managers, social workers, or other staff who conduct outreach and coordinate services for persons and households who are homeless or formerly homeless; and (2) shall not use grant amounts for any law enforcement purposes. (d) Timing The Secretary shall establish the criteria for the competition for grants under this section required under subsection (b) by regulations issued, after notice and opportunity for public comment, not later than 6 months after the date of enactment of this section. . 7. Housing Trust Fund (a) Funding (1) Annual funding There is appropriated, out of any money in the Treasury not otherwise appropriated, for each of fiscal years 2022 through 2026, $1,000,000,000, to remain available until expended, which shall be credited to the Housing Trust Fund established pursuant to section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 (2) Priority for housing the homeless (A) Priority During the first 5 fiscal years that amounts are made available under this subsection, the Secretary of Housing and Urban Development shall ensure that priority for occupancy in dwelling units described in subparagraph (B) that become available for occupancy shall be given to persons and households who are homeless (as such term is defined in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 (B) Covered dwelling units A dwelling unit described in this subparagraph is any dwelling unit that— (i) is located in housing that was at any time provided assistance with any amounts from the Housing Trust Fund referred to paragraph (1) that were credited to such Trust Fund by such paragraph; or (ii) is receiving assistance described in paragraph (2) with amounts made available under such paragraph. (b) Tenant rent contribution (1) Limitation Subparagraph (A) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(7)(A) (A) by striking except that not less than 75 percent except that— (i) not less than 75 percent ; (B) by adding at the end the following new clause: (ii) notwithstanding any other provision of law, all rental housing dwelling units shall be subject to legally binding commitments that ensure that the contribution toward rent by a family residing in the dwelling unit shall not exceed 30 percent of the adjusted income (as such term is defined in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) . (2) Regulations The Secretary of Housing and Urban Development shall issue regulations to implement section 1338(c)(7)(A)(ii) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as added by the amendment made by paragraph (1)(B) of this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act. 8. Technical assistance funds to help States and local organizations align health and housing systems (a) Funding There is hereby made available to the Secretary of Housing and Urban Development $20,000,000, to remain available until expended, for providing technical assistance under section 405 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11361(b) 42 U.S.C. 11301 et seq. (b) Use In allocating amounts made available by subsection (a), the Secretary shall seek to— (1) assist States and localities in integrating and aligning policies and funding between Medicaid programs, behavioral health providers, and housing providers to create supportive housing opportunities; and (2) engage State Medicaid program directors, Governors, State housing and homelessness agencies, any other relevant State offices, and any relevant local government entities, to assist States in increasing use of their Medicaid programs to finance supportive services for homeless persons. (c) Priority In using amounts made available under this section, the Secretary shall give priority— (1) to use for States and localities having the highest numbers of chronically homeless persons; and (2) to assist localities that have adopted local policies, such as through zoning and regulation, that leverage the private sector’s participation to provide and make housing affordable for low-, very low-, and extremely low-income household, as defined by the Secretary, for a minimum of 15 years. The Secretary shall establish by regulation the process and manner that local governments will be evaluated. The Secretary shall ensure that local governments are not incentivized or otherwise rewarded for eliminating or undermining the intent of zoning regulations or other regulations or policies that establish fair wages for laborers, ensure health and safety of buildings for residents and the general public, protect fair housing, establish environmental protections, establish standards for resiliency, prevent tenant displacement, or any other requirements that the Secretary determines it is in the public interest to preserve. 9. Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants Section 408 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11364 408. Authorization of appropriations There are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year. . 10. Permanent extension of United States Interagency Council on Homelessness Section 209 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11319 11. Eligibility of private nonprofit organizations for funding Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall provide that private nonprofit organizations (as such term is defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 12. Eligibility of faith-based organizations Notwithstanding any other provision of law, in determining eligibility for assistance made available by this Act or the amendments made by this Act or for which appropriations are authorized by this Act or the amendments made by this Act, the status of an entity as faith-based or the possibility that an entity may be faith-based may not be a basis for any discrimination against such entity in any manner or for any purpose. 13. Conforming amendments The table of sections in section 101(b) of the McKinney-Vento Homeless Assistance Act is amended— (1) in the item relating to title II, by striking INTERAGENCY COUNCIL ON THE HOMELESS UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS (2) by striking the item relating to section 209; (3) in the item relating to section 491, by striking 491 441 (4) in the item relating to section 492, by striking 492 442 (5) by inserting before the item relating to title V the following: Subtitle E—Emergency Funding To Address Unmet Need Sec. 451. Funding to address unmet needs. Sec. 452. Outreach funding. .

Summary: Ending Homelessness Act of 2021 This bill expands the housing choice voucher program and provides assistance to homeless individuals and families. Specifically, the bill provides FY2022-2025 funding for the expansion of the housing choice voucher program for certain extremely low income families. Furthermore, beginning in FY2026, the bill creates and funds an entitlement to housing choice vouchers for certain extremely low income families. Eligibility for the entitlement expands annually, extending to low-income families by FY2030. The bill also reduces the geographic area used to calculate an area's fair market rent for purposes of voucher payment standards and prohibits the use of criminal history in determining eligibility for certain housing assistance. Additionally, the bill prohibits housing discrimination on the basis of a renter's source of income or a renter's veteran status. The bill also provides additional FY2022-FY2026 funding for the Department of Housing and Urban Development (HUD) to assist the homeless, including to award emergency relief grants in jurisdictions with the highest need and award grants to provide outreach and coordinate services. Furthermore, the bill provides additional FY2022-FY2026 funding for the Housing Trust Fund, which provides affordable housing for extremely low-income and very low-income families. While this additional funding is available, HUD must ensure that priority for occupancy in assisted units is given to individuals and families who are homeless. Finally, the bill permanently reauthorizes certain homeless assistance grants and makes permanent the U.S. Interagency Council on Homelessness.