I 
117TH CONGRESS 
1ST SESSION H. R. 5196 
To expedite application for payment of rental arrearages by landlords and 
mandate tenant access to financial assistance, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2021 
Ms. WATERS (for herself, Ms. WILLIAMS of Georgia, Mrs. CAROLYN B. MALO-
NEY of New York, Ms. VELA´ZQUEZ, Mr. GREEN of Texas, Ms. GARCIA 
of Texas, Mr. TORRES of New York, and Ms. ADAMS) introduced the fol-
lowing bill; which was referred to the Committee on Financial Services 
A BILL 
To expedite application for payment of rental arrearages 
by landlords and mandate tenant access to financial as-
sistance, 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 ‘‘Expediting Assistance 
to Renters and Landlords Act of 2021’’. 
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SEC. 2. EXPEDITING APPLICATIONS FOR PAYMENT OF 
RENTAL ARREARAGES BY LANDLORDS. 
(a) IN GENERAL.—Section 501(f) of subtitle A of 
title V of Division M of the Consolidated Appropriations 
Act, 2021 (15 U.S.C. 9058a(f))is amended— 
(1) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) REQUIREMENTS FOR APPLICATIONS SUB-
MITTED ON BEHALF OF TENANT WITHOUT TENANT 
CONSENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
not later than 30 days after the date of the en-
actment of this paragraph establish a process 
for a landlord of a residential dwelling to sub-
mit an application on the behalf of a renter 
when such landlord is unable to obtain the con-
sent of such renter to submit such application 
for after taking reasonable steps to obtain such 
signature, as determined by the Secretary. 
‘‘(B) NOTICE OF APPLICATION.—The proc-
ess established by the Secretary pursuant to 
subparagraph (A) shall require a landlord of a 
residential dwelling who submits an application 
for assistance without the consent of the renter 
of such dwelling to notify the renter of the in-
tent of the landlord to submit such application 
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not less than 10 days before such landlord sub-
mits such application. 
‘‘(C) 
SATISFACTION
OF
OUTSTANDING 
MONETARY CLAIMS.—If a landlord of a residen-
tial dwelling submits an application for assist-
ance on behalf of a renter without the consent 
of such renter and receives assistance under 
this section, such amount shall be deemed to 
satisfy all monetary claims relating to rent such 
landlord may have against such renter during 
the period between the date on which the na-
tional 
emergency 
concerning 
the 
novel 
coronavirus disease (COVID–19) outbreak was 
declared by the President and the date on 
which the application is submitted by the land-
lord. 
‘‘(D) DOCUMENTATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall, with respect to documentation re-
quired for applications for assistance, es-
tablish methods for landlords to establish 
the income of a renter when the landlord 
does not have the consent of the renter, in-
cluding the use of proxies of income. 
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such assistance was received by the land-
lord from the grantee. 
‘‘(iii) EVICTION-RELATED
REQUIRE-
MENTS.—The Secretary of the Treasury 
shall, not later than 30 days after the date 
of the enactment of this paragraph, require 
any landlord that receives assistance from 
a grantee under this section with respect 
to a particular renter to, with respect to 
such renter— 
‘‘(I) set aside and vacate any 
past eviction judgement based on non-
payment of rent covered by the appli-
cation for assistance; and 
‘‘(II) rescind any eviction notice 
and agree to seal any eviction filing, if 
applicable. 
‘‘(F) 
NOTICE
OF
ARREARAGES
RE-
CEIVED.—If a grantee provides rental arrear-
ages to a landlord based on an application sub-
mitted by the landlord on behalf of a renter, 
such landlord must— 
‘‘(i) notify such renter that such rent-
al arrearages were received from the grant-
ee; 
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‘‘(ii) notify such renter if the landlord 
applies for assistance in the amount of 
rent due during the 120-day period de-
scribed in subparagraph (F); and 
‘‘(iii) inform such renter that the 
landlord is prohibited from terminating the 
lease agreement or evicting such renter, ex-
cept when the tenancy constitutes a direct 
threat to the health and safety of other in-
dividuals or would result in substantial 
physical damage to the property of others, 
during the 120 day period after such rent-
al arrearages were received by the landlord 
from the grantee. 
‘‘(G) VACANT
PROPERTIES.—The Sec-
retary shall establish a process for a landlord to 
submit an application for assistance on behalf 
of a renter who has vacated a dwelling, pro-
vided that the landlord did not file an eviction 
notice on such renter. 
‘‘(H) GRANTEE NOTIFICATION PROCESS.— 
Each grantee that provides assistance to a 
landlord with respect to a residential dwelling 
under this paragraph shall establish a process 
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to notify state and local courts and the renter 
of such residential dwelling that— 
‘‘(i) rent is no longer past due with 
respect to such renter; and 
‘‘(ii) any eviction proceedings relating 
to the nonpayment of rent by such renter 
should be halted. 
‘‘(I) NOTIFICATION
OF
RIGHTS.—Each 
grantee that provides assistance to a landlord 
with respect to a residential dwelling under this 
paragraph shall inform the renter of such resi-
dential dwelling about— 
‘‘(i) the rights of such renter under 
the Fair Housing Act and relevant State 
and local laws relating to fair housing; and 
‘‘(ii) how such renter can file com-
plaints with respect to violations of the 
Fair Housing Act and violations of rel-
evant State and local laws relating to fair 
housing. 
‘‘(J) RULE OF CONSTRUCTION.—Nothing 
in this paragraph may be construed to prevent 
a renter of a dwelling from applying for assist-
ance related to items described in section 
501(c)(2)(A) that are not included in an appli-
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cation submitted by a landlord on behalf of the 
renter.’’. 
(b) 
PRIORITIZATION
OF
ASSISTANCE.—Section 
501(c)(4) of subtitle A of title V of Division M of the Con-
solidated 
Appropriations 
Act, 
2021 
(15 
U.S.C. 
9058a(c)(4)) is amended by adding at the end the fol-
lowing: 
‘‘(C) The grantee shall prioritize applica-
tions filed by renters and applications filed by 
landlords on behalf of renters with the consent 
of the renter over any application filed by a 
landlord without the consent of a renter.’’. 
SEC. 3. MANDATING TENANT ACCESS TO FINANCIAL AS-
SISTANCE. 
(a) IN GENERAL.—Section 501(c) of subtitle A of 
title V of Division M of the Consolidated Appropriations 
Act, 2021 (15 U.S.C. 9058a(c)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘12 months’’ and in-
serting ‘‘20 months’’; and 
(ii) by striking ‘‘for an additional 3 
months’’ and inserting ‘‘for an additional 4 
months’’; 
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(B) in subparagraph (B)(i), by striking ‘‘3 
months’’ and inserting ‘‘4 months’’; and 
(C) in subpargraph (C)(i)(I) by striking 
‘‘the grantee may make such payments’’ and in-
serting ‘‘the grantee shall make such pay-
ments’’; and 
(2) in paragraph (3) by striking ‘‘to provide eli-
gible households’’ and inserting ‘‘to provide ‘low-in-
come families’ as such term is defined in section 
3(b) of the United States Housing Act of 1937 (42 
U.S.C. 1437a(b))’’. 
(b) EXTENDED PERIOD FOR ASSISTANCE.—Section 
3201(d)(1)(A) of the American Rescue Plan Act of 2021 
is amended— 
(1) in clause (i), by striking ‘‘18 months’’ and 
inserting ‘‘24 months’’; and 
(2) in clause (ii), by striking ‘‘18 months’’ and 
inserting ‘‘24 months’’. 
(c) LIMITATION OF LIABILITY.—Section 501 of sub-
title A of title V of Division M of the Consolidated Appro-
priations Act, 2021 (15 U.S.C. 9058a) is amended by add-
ing at the end the following: 
‘‘(m) SAFE HARBOR.—A grantee may not be subject 
to liability for the provision of assistance under this sec-
tion to a renter who does not meet the eligibility require-
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ments set forth under this section if such grantee provides 
such assistance in good faith reliance on attestations of 
eligibility or use of proxies of income provided by the 
renter pursuant to the requirements of this section or 
rules issued by the Secretary under this section.’’. 
(d) 
ELIGIBLE
HOUSEHOLD
DEFINED.—Section 
501(k)(3) of subtitle A of title V of Division M of the Con-
solidated 
Appropriations 
Act, 
2021 
(15 
U.S.C. 
9058a(k)(3)) is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘with respect to which the 
eligible grantee involved determines’’ and insert-
ing ‘‘with respect to which the eligible grantee 
determines by accepting any attestation of the 
household as true,’’; and 
(B) by striking ‘‘hardship due, directly’’ an 
inserting ‘‘hardship, during or due, directly’’ 
(2) by striking in subparagraph (C) and insert-
ing the following: 
‘‘(C) INCOME DETERMINATION.—In deter-
mining the income of a household for purposes 
of determining such household’s eligibility for 
assistance from a payment made under this sec-
tion (including for purposes of subsection 
(c)(4)), the eligible grantee involved shall accept 
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any attestation of the household with respect to 
eligibility as true.’’. 
(e) LEASE
REQUIREMENT
PROHIBITED.—Section 
501 of subtitle A of title V of Division M of the Consoli-
dated Appropriations Act, 2021 (15 U.S.C. 9058a) is 
amended by adding at the end the following: 
‘‘(n) LEASE REQUIREMENT PROHIBITED.—The Sec-
retary shall prohibit grantees from requiring a renter to 
submit a written lease agreement to be eligible for assist-
ance under this section.’’. 
SEC. 4. PERFORMANCE IMPROVEMENT PLANS. 
Section 501(c) of subtitle A of title V of Division M 
of the Consolidated Appropriations Act, 2021 (15 U.S.C. 
9058a(c)) is amended by adding at the end the following: 
‘‘(6) PERFORMANCE
IMPROVEMENT
PLANS.— 
The Secretary shall require any eligible grantee that 
has, on September 30, 2021, obligated less than 25 
percent of any amounts such eligible grantee has re-
ceived under this section to provide to the Secretary 
a performance improvement plan that explains how 
such eligible grantee will expedite the delivery of as-
sistance to renters and landlords.’’. 
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SEC. 5. OUTREACH TO RENTERS AND LANDLORDS AND 
TECHNICAL ASSISTANCE. 
Section 501 of subtitle A of title V of Division M of 
the Consolidated Appropriations Act, 2021 (15 U.S.C. 
9058a) is amended by adding at the end the following: 
‘‘(o) OUTREACH AND TECHNICAL ASSISTANCE.— 
‘‘(1) OUTREACH.—The Secretary and the 
grantee shall conduct outreach to renters and land-
lords to ensure maximum participation in the emer-
gency rental assistance program established under 
this section, including by— 
‘‘(A) not later than 30 days after the date 
of the enactment of this subsection sending di-
rect mail to all taxpayers that educates the tax-
payers about the emergency rental assistance 
program established under this section and how 
the taxpayer may qualify for assistance; 
‘‘(B) not later than 30 days after the date 
of the enactment of this subsection sending di-
rect mail to taxpayers who received rental in-
come in 2020 that informs such taxpayers that 
renters of their dwellings may qualify for the 
emergency rental assistance program estab-
lished under this section; and 
‘‘(C) purchasing television, radio and elec-
tronic advertisement to educate Americans 
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about the emergency rental assistance program 
established under this section and how Ameri-
cans may qualify for assistance. 
‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 
shall provide technical assistance to grantees and 
this technical assistance shall include— 
‘‘(A) assisting grantees with the develop-
ment and administration of programs under 
this section; 
‘‘(B) providing technical advice and tech-
nology to grantees, including software and auto-
mated payment disbursement tools; and 
‘‘(C) other information and technical as-
sistance as the Secretary determines appro-
priate to assist grantees to achieve the objec-
tives of this section. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of the Treasury to carry out the outreach and 
technical assistance required under this subsection 
$50,000,000 for use in fiscal year 2022.’’. 
SEC. 6. RECAPTURE PROCESS MODIFICATION. 
Section 501(d) of subtitle A of title V of Division M 
of the Consolidated Appropriations Act, 2021 (15 U.S.C. 
9058a(d)) is amended— 
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(1) by striking ‘‘Beginning on September 30, 
2021,’’ and inserting the following: 
‘‘(1) IN
GENERAL.—Beginning on September 
30, 2021,’’; 
(2) by striking ‘‘The amount of any such re-
allocation’’ and inserting the following: 
‘‘(2) AMOUNT.— The amount of any such re-
allocation’’; and 
(3) in paragraph (1)— 
(A) by striking ‘‘uses described under sub-
section (c).’’ and inserting ‘‘uses described 
under subsection (c);’’; 
(B) by striking ‘‘to eligible grantees’’ and 
inserting the following: 
‘‘(A) to eligible grantees’’; and 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) to any nonprofit entity that primarily 
provides housing services and operates in the 
jurisdiction of the grantee from whom the funds 
were recaptured; or 
‘‘(C) to a public or private entity super-
vised by a court that primarily provides housing 
services and operates in the jurisdiction of the 
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grantee from whom the funds were recap-
tured.’’. 
SEC. 7. COLLABORATION WITH PUBLIC ENTITIES. 
(a) IN GENERAL.—Section 501 of subtitle A of title 
V of Division M of the Consolidated Appropriations Act, 
2021 (15 U.S.C. 9058a) is amended— 
(1) in subsection (c)(5)(A)— 
(A) by striking ‘‘10 percent’’ and inserting 
‘‘15 percent’’; and 
(B) by striking ‘‘related to such funds.’’ 
and inserting ‘‘related to such funds and for 
collaboration with public entities as described in 
subsection (n).’’. 
(2) by adding at the end the following: 
‘‘(p) COLLABORATION WITH PUBLIC ENTITIES.— 
‘‘(1) IN
GENERAL.—The Secretary of the 
Treasury shall, not later than 30 days after the en-
actment of this subsection, issue guidance designed 
to instruct eligible grantees with respect to how best 
to collaborate with public entities to provide applica-
tion assistance services. 
‘‘(2) USE
OF
AMOUNTS
PAID
TO
ELIGIBLE 
GRANTEE.—Notwithstanding subsection (c)(5), an 
eligible grantee that collaborates with public entities 
pursuant to the guidance issued by the Secretary of 
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the Treasury pursuant to paragraph (1) may use 
amounts available for administrative costs under sec-
tion (c)(5) to, in coordination with one or more pub-
lic entities, develop any administrative infrastructure 
necessary to provide application assistance services, 
including— 
‘‘(A) training the employees of a public en-
tity or other designated institutional representa-
tive of a public entity about how to complete 
the emergency rental application process; 
‘‘(B) maintaining physical and electronic 
copies of all documents needed to apply for as-
sistance; 
‘‘(C) establishing methods of communica-
tion between eligible grantees, public entities, 
community organizations, and individual house-
holds; 
‘‘(D) providing language translation serv-
ices; 
‘‘(E) developing community outreach mate-
rials, programs, and initiatives; and 
‘‘(F) collecting and storing relevant docu-
mentation on-site at the public entity, or with 
a third party in a manner that complies with 
Federal, State, and local law. 
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‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) 
APPLICATION
ASSISTANCE
SERV-
ICES.—The term ‘application assistance serv-
ices’ means— 
‘‘(i) distributing applications for as-
sistance to individuals that may qualify for 
assistance; and 
‘‘(ii) assisting individuals applying or 
assistance. 
‘‘(B) PUBLIC
ENTITY.—The term public 
entity includes— 
‘‘(i) public elementary schools and 
public secondary schools (as such terms 
are defined under section 8101 of the Ele-
mentary and Secondary Education Act of 
1965); 
‘‘(ii) public libraries; 
‘‘(iii) HUD-approved housing coun-
seling agencies and other entities receiving 
funds under section 3204 of the American 
Rescue Plan Act of 2021; 
‘‘(iv) courts that handle eviction re-
lated matters; 
‘‘(v) public housing agencies; 
‘‘(vi) public transit systems; 
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‘‘(vii) State departments of motor ve-
hicles; 
‘‘(viii) the United States Postal Serv-
ice; and 
‘‘(ix) Federal, State, and local social 
service providers.’’; and 
(b) COLLABORATION WITH PUBLIC ENTITIES.—Sec-
tion 3201 of the American Rescue Plan Act of 2021 is 
amended by adding at the end the following: 
‘‘(i) COLLABORATION WITH PUBLIC ENTITIES.— 
‘‘(1) IN
GENERAL.—The Secretary of the 
Treasury shall, not later than 30 days after the en-
actment of this subsection, issue guidance designed 
to instruct eligible grantees with respect to how best 
to collaborate with public entities to provide applica-
tion assistance services. 
‘‘(2) USE
OF
AMOUNTS
PAID
TO
ELIGIBLE 
GRANTEE.—An eligible grantee that collaborates 
with public entities pursuant to the guidance issued 
by the Secretary of the Treasury pursuant to para-
graph (1) may use not more than 15 percent of the 
amount paid to such eligible grantee under this sec-
tion to, in coordination with one or more public enti-
ties, develop any administrative infrastructure nec-
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essary to provide application assistance services, in-
cluding— 
‘‘(A) training the employees of a public en-
tity or other designated institutional representa-
tive of a public entity about how to complete 
the emergency rental application process; 
‘‘(B) maintaining physical and electronic 
copies of all documents needed to apply for as-
sistance; 
‘‘(C) establishing methods of communica-
tion between eligible grantees, public entities, 
community organizations, and individual house-
holds; 
‘‘(D) providing language translation serv-
ices; 
‘‘(E) developing community outreach mate-
rials, programs, and initiatives; and 
‘‘(F) collecting and storing relevant docu-
mentation on-site at the public entity, or with 
a third party in a manner that complies with 
Federal, State, and local law. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) 
APPLICATION
ASSISTANCE
SERV-
ICES.—The term ‘application assistance serv-
ices’ means— 
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‘‘(i) distributing applications for as-
sistance to individuals that may qualify for 
assistance; and 
‘‘(ii) assisting individuals applying or 
assistance. 
‘‘(B) PUBLIC
ENTITY.—The term public 
entity includes— 
‘‘(i) public elementary schools and 
public secondary schools (as such terms 
are defined under section 8101 of the Ele-
mentary and Secondary Education Act of 
1965); 
‘‘(ii) public libraries; 
‘‘(iii) public housing agencies; 
‘‘(iv) public transit systems; 
‘‘(v) State departments of motor vehi-
cles; 
‘‘(vi) the United States Postal Service; 
and 
‘‘(vii) Federal, State, and local social 
service providers.’’. 
Æ 
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