I 
116TH CONGRESS 
2D SESSION 
H. R. 6820 
To provide emergency rental assistance under the Emergency Solutions 
Grants program of the Secretary of Housing and Urban Development 
in response to the public health emergency resulting from the 
coronavirus, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2020 
Mr. HECK (for himself, Ms. WATERS, Mr. KILMER, Ms. SCHRIER, Ms. NOR-
TON, Mr. DEFAZIO, Mr. PETERS, Mr. NADLER, Ms. SCHAKOWSKY, Mr. 
RASKIN, Mr. BERA, Mr. BLUMENAUER, Ms. CLARKE of New York, Mr. 
TONKO, Mr. PERLMUTTER, Mr. POCAN, Mrs. CAROLYN B. MALONEY of 
New York, Ms. VELA´ZQUEZ, Mrs. BEATTY, Mr. CA´RDENAS, Ms. 
DELBENE, Mr. MCGOVERN, Mr. BEYER, Mr. HORSFORD, Ms. JAYAPAL, 
Mr. GONZALEZ of Texas, Mrs. MURPHY of Florida, Mrs. DINGELL, Mr. 
EVANS, Mr. GRIJALVA, Mr. GREEN
of Texas, Mr. NEGUSE, Ms. 
HAALAND, Mr. ESPAILLAT, Mrs. DEMINGS, Mr. CLEAVER, Mr. 
HUFFMAN, Ms. MCCOLLUM, Miss RICE of New York, Mr. PANETTA, Mr. 
CASTRO of Texas, Mr. ROSE of New York, Mr. DANNY K. DAVIS of Illi-
nois, Mr. RICHMOND, Mrs. HAYES, Ms. PRESSLEY, Mrs. DAVIS of Cali-
fornia, Mr. VARGAS, Mr. KENNEDY, Mr. LEWIS, Mr. ROUDA, Mr. 
THOMPSON of Mississippi, Mrs. NAPOLITANO, Mr. SCHIFF, Mr. CLAY, 
Mr. CARBAJAL, Mr. SMITH of Washington, Mr. COHEN, Mr. ENGEL, Mr. 
SAN NICOLAS, Ms. LEE of California, Mr. GARCI´A of Illinois, Mr. MI-
CHAEL F. DOYLE of Pennsylvania, Ms. TLAIB, Ms. BONAMICI, Mrs. 
AXNE, Ms. BASS, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. GOMEZ, 
Mr. LOWENTHAL, Mr. GOTTHEIMER, Mr. LANGEVIN, Mr. THOMPSON of 
California, Mr. HIMES, Mr. FOSTER, Mr. LYNCH, Ms. MENG, Ms. SCAN-
LON, Ms. WASSERMAN SCHULTZ, Mr. MEEKS, Mr. RYAN, Ms. ADAMS, 
Mr. SUOZZI, Ms. WEXTON, Mrs. WATSON COLEMAN, Mr. JEFFRIES, Mr. 
SIRES, Ms. GARCIA of Texas, Ms. DEAN, Ms. DELAURO, Ms. TITUS, Ms. 
SHALALA, Mr. TAKANO, Ms. LOFGREN, Ms. MUCARSEL-POWELL, Mr. 
LARSEN of Washington, Ms. CLARK of Massachusetts, Mr. PASCRELL, 
Ms. DEGETTE, Ms. WILSON of Florida, Mrs. BUSTOS, Mr. SOTO, Ms. 
ESHOO, Mr. HASTINGS, Ms. OCASIO-CORTEZ, Mr. LAWSON of Florida, 
Mr. SWALWELL of California, Mr. CASTEN of Illinois, Mr. TED LIEU of 
California, Mr. LARSON of Connecticut, Mr. HIGGINS of New York, Mr. 
CONNOLLY, Ms. JOHNSON of Texas, Mrs. KIRKPATRICK, Ms. ROYBAL- 
ALLARD, Mr. TRONE, Mr. COOPER, Mr. DAVID SCOTT of Georgia, Mr. 
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MCEACHIN, Mr. COURTNEY, Ms. JUDY CHU of California, Mr. PAYNE, 
Mr. LEVIN of California, Mr. CICILLINE, Mrs. TRAHAN, Mr. KILDEE, Ms. 
BLUNT ROCHESTER, Mr. CISNEROS, Mr. BISHOP of Georgia, Mr. 
KHANNA, Mr. GARAMENDI, Ms. MATSUI, Mr. SHERMAN, Ms. SPEIER, 
Ms. CRAIG, Mr. QUIGLEY, and Mr. CROW) introduced the following bill; 
which was referred to the Committee on Financial Services 
A BILL 
To provide emergency rental assistance under the Emergency 
Solutions Grants program of the Secretary of Housing 
and Urban Development in response to the public health 
emergency resulting from the coronavirus, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Rental As-
sistance and Rental Market Stabilization Act of 2020’’. 
SEC. 2. EMERGENCY RENTAL ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Housing 
and Urban Development (referred to in this section as the 
‘‘Secretary’’) $100,000,000,000 for an additional amount 
for grants under the Emergency Solutions Grants pro-
gram under subtitle B of title IV of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11371 et seq.), to 
remain available until expended (subject to subsections (d) 
and (n) of this section), to be used for providing rental 
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assistance in accordance with section 415(a)(4) of such 
Act (42 U.S.C. 11374(a)(4)) and this section. 
(b) DEFINITION OF AT RISK OF HOMELESSNESS.— 
Notwithstanding section 401(1) of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11360(1)), for pur-
poses of assistance made available with amounts made 
available pursuant to subsection (a), the term ‘‘at risk of 
homelessness’’ means, with respect to an individual or 
family, that the individual or family— 
(1) has an income below 80 percent of the me-
dian income for the area as determined by the Sec-
retary; and 
(2) has an inability to attain or maintain hous-
ing stability or has insufficient resources to pay for 
rent or utilities due to financial hardships. 
(c) INCOME TARGETING AND CALCULATION.—For 
purposes of assistance made available with amounts made 
available pursuant to subsection (a)— 
(1) each grantee of such amounts shall use— 
(A) not less than 40 percent of the 
amounts received only for providing assistance 
for individuals or families experiencing home-
lessness or at risk of homelessness who have in-
comes not exceeding 30 percent of the median 
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income for the area as determined by the Sec-
retary; 
(B) not less than 70 percent of the 
amounts received only for providing assistance 
for individuals or families experiencing home-
lessness or at risk of homelessness who have in-
comes not exceeding 50 percent of the median 
income for the area as determined by the Sec-
retary; and 
(C) the remainder of the amounts received 
only for providing assistance to individuals or 
families experiencing homelessness or at risk of 
homelessness who have incomes not exceeding 
80 percent of the median income for the rel-
evant geographic area as determined by the 
Secretary, except that if a grantee demonstrates 
to the satisfaction of the Secretary that the 
population in the geographic area served by the 
grantee having such incomes is sufficiently 
being served with respect to activities eligible 
for funding with such amounts, such grantee 
may establish a higher percentage limit for pur-
poses of subsection (b)(1), which shall not in 
any case exceed 120 percent of the area median 
income; and 
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(B) expend 100 percent of such grant 
amounts within 3 years of such date. 
(2) REALLOCATION AFTER 2 YEARS.—The Sec-
retary may recapture any amounts not obligated in 
compliance with paragraph (1)(A) and reallocate 
such amounts to grantees in compliance with the 
formula referred to in subsection (h)(1)(A). 
(3) 
RESCISSION
AND
REALLOCATION
OF 
FUNDS.—Any amounts made available pursuant to 
subsection (a) that are not expended by a grantee to 
provide assistance in accordance with this section by 
the deadline under paragraph (1)(B) shall be reallo-
cated by the Secretary as follows: 
(A) Sixty-five percent shall be transferred 
and credited to the Housing Trust Fund estab-
lished under section 1338 of the Federal Hous-
ing Enterprises Financial Safety and Sound-
ness Act of 1992 (12 U.S.C. 4568). 
(B) Thirty-five percent shall be transferred 
or credited to the Capital Magnet Fund estab-
lished under section 1339 of the Federal Hous-
ing Enterprises Financial Safety and Sound-
ness Act of 1992 (12 U.S.C. 4569). 
(e) RENT RESTRICTIONS.— 
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(1) INAPPLICABILITY.—Section 576.106(d) of 
title 24, Code of Federal Regulations, shall not 
apply with respect to homelessness prevention assist-
ance made available with amounts made available 
under subsection (a). 
(2) AMOUNT OF RENTAL ASSISTANCE.—In pro-
viding homelessness prevention assistance with 
amounts made available under subsection (a), the 
maximum amount of rental assistance that may be 
provided shall be the greater of— 
(A) 120 percent of the higher of— 
(i) the Fair Market Rent established 
by the Secretary for the metropolitan area 
or county; or 
(ii) the applicable Small Area Fair 
Market Rent established by the Secretary; 
or 
(B) such higher amount as the Secretary 
shall determine is needed to cover market rents 
in the area. 
(f) SUBLEASES.—Notwithstanding the second sen-
tence of subsection (g) of section 576.106 of title 24 of 
the Code of Federal Regulations, a program participant 
may sublet, with rental assistance made available with 
amounts made available pursuant to subsection (a) of this 
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section, a dwelling unit from a renter of the dwelling unit 
if there is a legally binding, written lease agreement for 
such sublease. 
(g) HOUSING RELOCATION OR STABILIZATION AC-
TIVITIES.—A grantee of amounts made available pursuant 
to subsection (a) may expend up to 25 percent of its allo-
cation for activities under section 415(a)(5) of the McKin-
ney-Vento 
Homeless 
Assistance 
Act 
(42 
U.S.C. 
11374(a)(5)), except that notwithstanding such section, 
activities under such section may be provided only for indi-
viduals or families having incomes not exceeding 50 per-
cent of the area median income. 
(h) ALLOCATION OF ASSISTANCE.— 
(1) IN GENERAL.—In allocating amounts made 
available pursuant to subsection (a), the Secretary 
shall— 
(A)(i) for any purpose authorized in this 
section, allocate 2 percent of such amount for 
Indian tribes and tribally designated housing 
entities (as such terms are defined in section 4 
of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 
4103)) under the formula established pursuant 
to section 302 of such Act (25 U.S.C. 4152), 
except that 0.3 percent of the amount allocated 
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under this clause shall be allocated for the De-
partment of Hawaiian Home Lands; and 
(ii) not later than 30 days after the date 
of enactment of this Act, obligate and disburse 
the amounts allocated pursuant to clause (i) in 
accordance with such allocations and provide 
such grantees with any necessary guidance for 
use of the funds; 
(B)(i) not later than 7 days after the date 
of enactment of this Act and after setting aside 
amounts under subparagraph (A), allocate 50 
percent of any such remaining amounts under 
the formula specified in subsections (a), (b), 
and (e) of section 414 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11373) 
for, and notify, each State, metropolitan city, 
and urban county that is to receive a direct 
grant of such amounts; and 
(ii) not later than 30 days after the date 
of enactment of this Act, obligate and disburse 
the amounts allocated pursuant to clause (i) in 
accordance with such allocations and provide 
such grantees with any necessary guidance for 
use of the funds; and 
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(C)(i) not later than 45 days after the date 
of enactment of this Act, allocate any remaining 
amounts for eligible grantees according to a for-
mula to be developed by the Secretary that 
takes into consideration the formula referred to 
in subparagraph (A) and the need for emer-
gency rental assistance under this section, in-
cluding the severe housing cost burden among 
extremely low- and very low-income renters and 
disruptions in housing and economic conditions, 
including unemployment; and 
(ii) not later than 30 days after the date 
of the allocation of such amounts pursuant to 
clause (i), obligate and disburse such amounts 
in accordance with such allocations. 
(2) ALLOCATIONS TO STATES.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 576.202(a) of title 24, Code of Federal 
Regulations, a State recipient of an allocation 
under this section may elect to administer up to 
100 percent of its allocation to carry out activi-
ties eligible under this section. 
(B) REQUIREMENT.—Any State recipient 
making an election described in subparagraph 
(A) shall serve households throughout the entire 
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State, including households in rural commu-
nities and small towns. 
(3) ELECTION
NOT
TO
ADMINISTER.—If a 
grantee elects not to receive funds under this sec-
tion, such funds shall be allocated to the State re-
cipient in which the grantee is located. 
(4) PARTNERSHIPS AND SUBGRANTEES.—A re-
cipient of a grant under this section may distribute 
funds through one or more partnerships, sub-
grantees, or contracts with an entity, including a 
public housing agency (as such term is defined in 
section 3(b) of the United States Housing Act of 
1937 (42 U.S.C. 1437a(b))), capable of carrying out 
a program under this section. 
(i) INAPPLICABILITY
OF
MATCHING
REQUIRE-
MENT.—Subsection (a) of section 416 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11375(a)) 
shall not apply to any amounts made available pursuant 
to subsection (a) of this section. 
(j) REIMBURSEMENT
OF ELIGIBLE ACTIVITIES.— 
Amounts made available pursuant to subsection (a) may 
be used by a grantee to reimburse expenditures incurred 
for eligible activities under this section after March 27, 
2020. 
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(k) PROHIBITION ON PREREQUISITES.—None of the 
funds made available pursuant to this section may be used 
to require any individual receiving assistance under the 
program under this section to receive treatment or per-
form any other prerequisite activities as a condition for 
receiving shelter, housing, or other services. 
(l) WAIVERS AND ALTERNATIVE REQUIREMENTS.— 
(1) IN GENERAL.— 
(A) AUTHORITY.—In administering the 
amounts made available pursuant to subsection 
(a), the Secretary may waive, or specify alter-
native requirements for, any provision of any 
statute or regulation that the Secretary admin-
isters in connection with the obligation by the 
Secretary or the use by the recipient of such 
amounts (except for requirements related to fair 
housing, nondiscrimination, labor standards, 
prohibition on prerequisites, data reporting, and 
the environment unless otherwise provided 
under this paragraph), if the Secretary finds 
that good cause exists for the waiver or alter-
native requirement and such waiver or alter-
native requirement is necessary to expedite the 
use of funds made available pursuant to this 
section, to respond to public health orders or 
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conditions related to the COVID-19 emergency, 
or to ensure that eligible individuals can attain 
or maintain housing stability. 
(B) REQUIRED
WAIVER.—The Secretary 
shall waive any regulatory requirements that re-
strict eligibility based upon prior receipt of as-
sistance under the program during the 3-year 
period preceding the date of enactment of this 
Act. 
(C) PUBLIC NOTICE.—The Secretary shall 
notify the public through the Federal Register 
or other appropriate means of any waiver or al-
ternative requirement under this paragraph, 
and that such public notice may be provided, at 
a minimum, on the internet at the appropriate 
Government website or through other electronic 
media, as determined by the Secretary. 
(2) PUBLIC HEARINGS.— 
(A) INAPPLICABILITY OF IN-PERSON HEAR-
ING
REQUIREMENTS
DURING
THE
COVID-19 
EMERGENCY.— 
(i) IN
GENERAL.—A grantee under 
this section shall not be required to hold 
in-person public hearings in connection 
with its citizen participation plan, but shall 
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provide citizens with notice, including pub-
lication of its plan for carrying out this 
section on the internet, and a reasonable 
opportunity to comment of not less than 5 
days. 
(ii) 
RESUMPTION
OF
IN-PERSON 
HEARING
REQUIREMENTS.—After the pe-
riod beginning on the date of enactment of 
this Act and ending on the date of the ter-
mination by the Federal Emergency Man-
agement Agency of the emergency declared 
on March 13, 2020, by the President 
under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 
U.S.C. 4121 et seq.) relating to the 
Coronavirus Disease 2019 (COVID-19) 
pandemic, and after the period described 
in subparagraph (B), the Secretary shall 
direct grantees under this section to re-
sume pre-crisis public hearing require-
ments. 
(B) VIRTUAL PUBLIC HEARINGS.— 
(i) IN GENERAL.—During the period 
that national or local health authorities 
recommend social distancing and limiting 
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public gatherings for public health reasons, 
a grantee may fulfill applicable public 
hearing requirements for all grants from 
funds made available pursuant to this sec-
tion by carrying out virtual public hear-
ings. 
(ii) 
REQUIREMENTS.—Any 
virtual 
hearings held under clause (i) by a grantee 
under this section shall provide reasonable 
notification and access for citizens in ac-
cordance with the grantee’s certifications, 
timely responses from local officials to all 
citizen questions and issues, and public ac-
cess to all questions and responses. 
(m) DEVELOPMENT AND SUBMISSION OF PLANS.— 
(1) RESUBMISSION OF PLANS.—A recipient of 
funds made available pursuant to this section may 
revise and resubmit its plan for executing a program 
or programs under this section to the Secretary at 
any time during the first 180 days of initiating the 
program. 
(2) CONSULTATION.—In developing a plan to 
carry out this section, each recipient of funds made 
available pursuant to this section shall consult with 
the applicable continuum or continuums of care for 
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the geographic area served by the recipient and or-
ganizations representing underserved communities 
and populations and organizations with expertise in 
affordable housing. 
(n) ADMINISTRATION.— 
(1) BY
SECRETARY.—Of any amounts made 
available pursuant to subsection (a)— 
(A) not more than the lesser of 0.5 per-
cent, or $15,000,000, may be used by the Sec-
retary for staffing, training, technical assist-
ance, technology, monitoring, research, and 
evaluation activities necessary to carry out the 
program carried out under this section, and 
such amounts shall remain available until Sep-
tember 30, 2024; and 
(B) not more than $2,000,000 shall be 
available to the Office of the Inspector General 
for audits and investigations of the program au-
thorized under this section. 
(2) BY RECIPIENTS.—Subsection (a) of section 
576.108 of title 24 of the Code of Federal Regula-
tions shall be applied, with respect to amounts made 
available pursuant to this section, by substituting 
‘‘10’’ for ‘‘7.5’’. 
Æ 
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