I 
116TH CONGRESS 
1ST SESSION H. R. 4808 
To require Community Development Block Grant and Surface Transportation 
Block Grant recipients to develop a strategy to support inclusive zoning 
policies, to allow for a credit to support housing affordability, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 23, 2019 
Mr. CLYBURN introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committees on Finan-
cial Services, and Transportation and Infrastructure, 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 con-
cerned 
A BILL 
To require Community Development Block Grant and Sur-
face Transportation Block Grant recipients to develop 
a strategy to support inclusive zoning policies, to allow 
for a credit to support housing affordability, 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 ‘‘Housing, Opportunity, 
Mobility, and Equity Act of 2019’’. 
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SEC. 2. REQUIREMENT FOR CDBG GRANTEES. 
Section 104 of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5304) is amended by adding 
at the end the following: 
‘‘(n) STRATEGY TO INCREASE
THE AFFORDABLE 
HOUSING STOCK.— 
‘‘(1) IN GENERAL.—Each grantee receiving as-
sistance under this title shall— 
‘‘(A) include in the consolidated plan re-
quired under part 91 of title 24, Code of Fed-
eral Regulations (or any successor thereto) a 
strategy to support new inclusive zoning poli-
cies, programs, or regulatory initiatives that 
create a more affordable, elastic, and diverse 
housing supply and thereby increase economic 
growth and access to jobs and housing; and 
‘‘(B) implement the strategy described in 
subparagraph (A) and demonstrate continuous 
progress in advancing the goals described in 
section (2)(A), and include such implementation 
and progress in the annual performance report 
submitted under section 91.520 of title 24, 
Code of Federal Regulations (or any successor 
thereto). 
‘‘(2) INCLUSIONS.—The strategy under para-
graph (1) shall— 
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‘‘(A) demonstrate— 
‘‘(i) transformative activities in com-
munities that— 
‘‘(I) reduce barriers to housing 
development, 
including 
affordable 
housing; and 
‘‘(II) increase housing supply af-
fordability and elasticity; and 
‘‘(ii) strong connections between hous-
ing, transportation, and workforce plan-
ning; 
‘‘(B) include, as appropriate, policies relat-
ing to inclusive land use, such as— 
‘‘(i) for the purpose of adding afford-
able units, increasing both the percentage 
and absolute number of affordable units— 
‘‘(I) authorizing high-density and 
multifamily zoning; 
‘‘(II) eliminating off-street park-
ing requirements; 
‘‘(III) establishing density bo-
nuses, defined as increases in per-
mitted density of a housing develop-
ment conditioned upon the inclusion 
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of affordable housing in such develop-
ment; 
‘‘(IV) streamlining or shortening 
permitting processes and timelines; 
‘‘(V) removing height limitations; 
‘‘(VI) establishing by-right devel-
opment, defined as the elimination of 
discretionary review processes when 
zoning standards are met; 
‘‘(VII) using property tax abate-
ments; and 
‘‘(VIII) relaxing lot size restric-
tions; 
‘‘(ii) prohibiting source of income dis-
crimination; 
‘‘(iii) taxing vacant land or donating 
vacant land to nonprofit developers; 
‘‘(iv) 
allowing 
accessory 
dwelling 
units; 
‘‘(v) establishing development tax or 
value capture incentives; and 
‘‘(vi) prohibiting landlords from ask-
ing prospective tenants for their criminal 
history; and 
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‘‘(C) provide that affordable housing units 
should, to the maximum extent practicable and 
unless alternate policies would result in more 
rapid progress toward and achievement of the 
goals described in paragraph (2)(A)— 
‘‘(i) be designated as affordable for 
the useful life of the units; 
‘‘(ii) a proportion of the new housing 
stock in the community that equals or ex-
ceeds the percentage of the population of 
the community requiring such units in 
order to not be an eligible individual under 
section 36A of the Internal Revenue Code 
of 1986 (as added by section 4 of the 
Housing, Opportunity, Mobility, and Eq-
uity Act of 2019); and 
‘‘(iii) be accessible to the population 
served by the program established under 
this title; and 
‘‘(D) where applicable, specify how the 
strategy will increase affordable housing options 
for individuals living in rural areas, persistent 
poverty counties (defined as any county with a 
poverty rate of at least 20 percent, as deter-
mined in each of the 1990 and 2000 decennial 
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censuses, and in the Bureau of the Census’s 
Small Area Income and Poverty Estimates for 
the most recent year for which the estimates 
are available), and high-poverty areas (defined 
as any census tract with a poverty rate of at 
least 20 percent as measured by the 5-year data 
series available from the American Community 
Survey of the Census Bureau for 2013 to 
2017).’’. 
SEC. 3. REQUIREMENT FOR SURFACE TRANSPORTATION 
BLOCK GRANT PROGRAM. 
Section 133 of title 23, United States Code, is 
amended— 
(1) by redesignating subsection (i) as subsection 
(j); and 
(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) IMPLEMENTATION OF AFFORDABLE HOUSING 
STRATEGY.—A project under this section may not be car-
ried out unless the community in which the project is lo-
cated has implemented a strategy to increase affordable 
housing stock as described in subsection (n) of section 104 
of the Housing and Community Development Act of 1974 
(42 U.S.C. 5304).’’. 
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SEC. 4. REFUNDABLE CREDIT FOR RENT COSTS OF ELIGI-
BLE INDIVIDUALS. 
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after section 36 the fol-
lowing new section: 
‘‘SEC. 36A. RENT COSTS OF ELIGIBLE INDIVIDUALS. 
‘‘(a) IN GENERAL.—In the case of an eligible indi-
vidual, there shall be allowed as a credit against the tax 
imposed by this subtitle for the taxable year an amount 
equal to the excess of— 
‘‘(1) the lesser of— 
‘‘(A) the small area fair market rent (or, 
if the small area fair market rent is not avail-
able, the fair market rent), including the utility 
allowance, published by the Department of 
Housing and Urban Development for purposes 
of the housing choice voucher program under 
section 8(o) of the United States Housing Act 
of 1938— 
‘‘(i) in the case of a household com-
prised of one individual, for an efficiency, 
and 
‘‘(ii) in the case of a household com-
prised of more than one individual, for a 
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‘‘(2) EXCEPTIONS.—Such term shall not in-
clude any individual if— 
‘‘(A) the individual does not include on the 
return of tax for the taxable year such individ-
ual’s taxpayer identification number and, if 
married, the taxpayer identification number of 
such individual’s spouse, or 
‘‘(B) a deduction under section 151 with 
respect to such individual is allowable to an-
other taxpayer for the taxable year. 
‘‘(3) MARRIED INDIVIDUALS.—Such term shall 
include an individual who is married only if a joint 
return is filed for the taxable year. 
‘‘(4) SPECIAL RULES.— 
‘‘(A) PRINCIPAL
RESIDENCE.—The term 
‘principal residence’ has the same meaning as 
when used in section 121. 
‘‘(B) MARRIED.—Marital status shall be 
determined under section 7703. 
‘‘(c) RENT.—For purposes of this section, rent paid 
includes any amount paid for utilities of a type taken into 
account for purposes of determining the utility allowance 
under section 42(g)(2)(B)(ii). 
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‘‘(d) COORDINATION WITH CERTAIN MEANS-TESTED 
PROGRAMS.—Rules similar to the rules of section 32(l) 
shall apply to refunds made by reason of this section. 
‘‘(e) RECONCILIATION
OF CREDIT
AND ADVANCE 
PAYMENTS.—The amount of the credit allowed under this 
section for any taxable year shall be reduced (but not 
below zero) by the aggregate amount of any advance pay-
ments of such credit under section 7527A for such taxable 
year.’’. 
(b) ADVANCE PAYMENT
OF RENTAL COSTS TAX 
CREDIT.— 
(1) IN GENERAL.—Chapter 77 of the Internal 
Revenue Code of 1986 is amended by inserting after 
section 7527 the following new section: 
‘‘SEC. 7527A. ADVANCE PAYMENT OF RENTAL COSTS TAX 
CREDIT. 
‘‘(a) IN GENERAL.—Not later than 6 months after 
the date of the enactment of the Housing, Opportunity, 
Mobility, and Equity Act of 2019, the Secretary shall es-
tablish a program for making advance payments of the 
credit allowed under section 36A on a monthly basis (de-
termined without regard to subsection (e) of such section) 
to any taxpayer who— 
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‘‘(1) the Secretary has determined, in the man-
ner provided in subsection (c), will be allowed such 
credit for the taxable year, and 
‘‘(2) has made an election under subsection (d). 
‘‘(b) AMOUNT OF ADVANCE PAYMENT.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a), the amount of the monthly advance payment of 
the credit provided to a taxpayer during the applica-
ble period shall be equal to the lesser of— 
‘‘(A) an amount equal to— 
‘‘(i) the amount of the credit which 
the Secretary has estimated, in the manner 
provided in subsection (c), will be allowed 
to such taxpayer under section 36A for the 
taxable year ending in such applicable pe-
riod, divided by 
‘‘(ii) 12, or 
‘‘(B) such other amount as is elected by 
the taxpayer. 
‘‘(2) APPLICABLE
PERIOD.—For purposes of 
this section, the term ‘applicable period’ means the 
12-month period from the month of July of the tax-
able year through the month of June of the subse-
quent taxable year. 
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‘‘(c) MANNER OF DETERMINING ELIGIBILITY.—The 
Secretary shall determine eligibility for the credit under 
section 36A, and the estimated amount of such credit, 
based on the taxpayer’s adjusted gross income for the pre-
ceding taxable year, the mean fair market rental amount 
with respect to the individual for such preceding year, and 
the rent paid during such preceding year by the individual 
(and, if married, the individual’s spouse) for the principal 
residence of the individual. Any terms used in this sub-
section which are also used in section 36A shall have the 
same meaning as when used in such section. 
‘‘(d) ELECTION OF ADVANCE PAYMENT.—A taxpayer 
may elect to receive an advance payment of the credit al-
lowed under section 36A for any taxable year by including 
such election on a timely filed return for the preceding 
taxable year. 
‘‘(e) INTERNAL REVENUE SERVICE NOTIFICATION.— 
The Internal Revenue Service shall take such steps as may 
be appropriate to ensure that taxpayers who are eligible 
to receive the credit under section 36A are aware of the 
availability of the advance payment of such credit under 
this section. 
‘‘(f) AUTHORITY.—The Secretary may prescribe such 
regulations or other guidance as may be appropriate or 
necessary for the purposes of carrying out this section.’’. 
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(c) CLERICAL AMENDMENTS.— 
(1) The table of sections for subpart C of part 
IV of subchapter A of chapter 1 of the Internal Rev-
enue Code of 1986 is amended by inserting after the 
item relating to section 36 the following new item: 
‘‘Sec. 36A. Rent costs of eligible individuals.’’. 
(2) The table of sections for chapter 77 of such 
Code is amended by inserting after the item relating 
to section 7527 the following new item: 
‘‘Sec. 7527A. Advance payment of rental costs tax credit.’’. 
(d) 
CONFORMING
AMENDMENT.—Section 
6211(b)(4)(A) of the Internal Revenue Code of 1986 is 
amended by inserting ‘‘, 36A’’ after ‘‘36’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
(f) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Secretary of the Treasury 
shall submit to Congress a report on the credit allowed 
under section 36A of the Internal Revenue Code of 1986 
(as added by subsection (a)) and the advance payment of 
such credit under section 7527A of such Code (as added 
by subsection (b)), including on whether taxpayers are 
fraudulently claiming such credit or advance payments. 
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SEC. 5. REFUND TO RAINY DAY SAVINGS PROGRAM. 
(a) IN GENERAL.—Not later than December 31, 
2018, the Secretary of the Treasury or the Secretary’s del-
egate (referred to in this section as the ‘‘Secretary’’) shall 
establish and implement a program (referred to in this 
section as the ‘‘Refund to Rainy Day Savings Program’’) 
to allow a participating taxpayer, pursuant to the require-
ments established under this section, to defer payment on 
20 percent of the amount which would otherwise be re-
funded to such taxpayer as an overpayment (as described 
in section 6401 of the Internal Revenue Code of 1986). 
(b) PERIOD
OF DEFERRAL.—Except as provided 
under subsection (c)(5), a participating taxpayer may elect 
to defer payment of the amount described in subsection 
(a) and have such amount deposited in the Rainy Day 
Fund (as described in subsection (c)). 
(c) RAINY DAY FUND.— 
(1) IN GENERAL.—The Secretary shall establish 
a fund, in such manner as the Secretary determines 
to be appropriate, to be known as the ‘‘Rainy Day 
Fund’’, consisting of any amounts described in sub-
section (a) on which payment has been deferred by 
participating taxpayers. 
(2) INVESTMENT.—Any amounts deposited in 
the Rainy Day Fund shall be invested by the Sec-
retary, in coordination with the Bureau of the Fiscal 
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