I 
118TH CONGRESS 
1ST SESSION H. R. 5827 
To promote the establishment of resident organizations and provide additional 
amounts for tenant organizations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2023 
Mrs. RAMIREZ (for herself, Ms. TLAIB, Ms. PRESSLEY, Mr. GOMEZ, Mr. 
CASAR, Mr. BOWMAN, Ms. CROCKETT, Ms. SCHAKOWSKY, Ms. LEE of 
California, Ms. NORTON, and Ms. OCASIO-CORTEZ) introduced the fol-
lowing bill; which was referred to the Committee on Financial Services, 
and in addition to the Committee on Ways and Means, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To promote the establishment of resident organizations and 
provide additional amounts for tenant organizations, 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 ‘‘Tenants’ Right to Or-
ganize Act’’. 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
SEC. 2. SENSE OF THE CONGRESS. 
It is the sense of the Congress that all members of 
a household receiving tenant-based rental assistance have 
the right to ‘‘decent, safe, stable and sanitary housing’’. 
SEC. 3. HOUSING CHOICE VOUCHER TENANT ORGANIZA-
TIONS. 
Section 8(o) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(o)) is amended by adding at the 
end the following: 
‘‘(23) RIGHT TO ORGANIZE.— 
‘‘(A) IN GENERAL.—Tenants receiving ten-
ant-based rental assistance have the right to es-
tablish, operate, and participate in a resident 
organization for the purpose of addressing 
issues related to their living environment, which 
includes the terms and conditions of their ten-
ancy as well as activities related to housing and 
community development and may not be retali-
ated against for asserting these rights. 
‘‘(B) REQUIRED ENGAGEMENT.— 
‘‘(i) PUBLIC
HOUSING
AGENCIES.— 
Each public housing agency shall— 
‘‘(I) recognize legitimate tenant 
organizations; 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
‘‘(II) solicit comments from all 
legitimate tenant organizations not 
less than once each year; and 
‘‘(III) not later than 60 days 
after receiving a comment from a le-
gitimate tenant organization, mean-
ingfully respond in writing to such 
comment. 
‘‘(ii) 
OWNERS
OF
UNITS.—Each 
owner— 
‘‘(I) shall recognize legitimate 
resident organizations; and 
‘‘(II) may not retaliate with re-
spect to any tenant because of their 
association with a legitimate resident 
organization. 
‘‘(C) PROTECTIONS.— 
‘‘(i) IN GENERAL.—Each public hous-
ing agency and each owner may not inter-
fere with the right of tenants to establish 
and operate a legitimate tenant organiza-
tion. 
‘‘(ii) PROTECTED
ACTIVITIES.—Each 
public housing agency and each owner 
shall allow tenants and tenant organizers 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
independent 
of 
management 
rep-
resentatives. In order to preserve the 
independence of tenant organizations, 
management representatives may not 
attend such meetings unless invited by 
the tenant organization to specific 
meetings to discuss a specific issue or 
issues. 
‘‘(IX) Other reasonable activities 
related to the establishment or oper-
ation of a tenant organization. 
‘‘(iii) PERMISSION.—A public housing 
agency or owner may not require tenants 
or tenant organizers to obtain prior per-
mission before engaging in the activities 
permitted under this paragraph. 
‘‘(iv) 
PRESUMPTION.—If 
a 
public 
housing agency or owner takes an adverse 
action against a tenant that is a member 
of a tenant organization there shall be a 
rebuttable presumption that such adverse 
action is an act of retaliation relating to 
the participation of the tenant in the ten-
ant organization. 
‘‘(D) ENFORCEMENT PROTOCOL.— 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
‘‘(i) IN
GENERAL.—The Secretary 
shall, not later than 1 year after the date 
of the enactment of this paragraph, estab-
lish a protocol for the enforcement of this 
paragraph and such protocol shall— 
‘‘(I) include an independent in-
vestigation of tenant and advocate al-
legations of abuse and retaliation; 
‘‘(II) provide a mechanism for 
administrative complaints to be made 
and cataloged; 
‘‘(III) keep tenants regularly in-
formed about the progression of any 
complaint; 
‘‘(IV) prohibit the withholding of 
tenant-based rental assistance from 
any tenant that makes a complaint, 
until such complaint is closed; and 
‘‘(V) 
provide 
confidentiality 
where necessary, including in cases 
where alleged abuse is extreme and 
targeted. 
‘‘(ii) DELEGATION.—In developing the 
enforcement protocol under clause (i), the 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
Secretary 
may 
use 
subcontractors 
to 
preform enforcement activities. 
‘‘(iii) REPORT.—The Secretary shall 
each quarter submit to the Committee on 
Financial Services of the House of Rep-
resentatives and the Committee on Bank-
ing, Housing, and Urban Affairs, a report 
with respect to the enforcement of this 
paragraph that— 
‘‘(I) provides all data at both the 
property-level and jurisdiction-level; 
and 
‘‘(II) includes information with 
respect to— 
‘‘(aa) the volume of out-
standing complaints; 
‘‘(bb) the average response 
time for initial complaint; and 
‘‘(cc) the average time it 
takes to close a complaint. 
‘‘(iv) AUTHORIZATION OF APPROPRIA-
TIONS.—There are authorized to be appro-
priated, to the Secretary, such sums as are 
necessary to carry out this paragraph. 
‘‘(E) NOTICE OF RIGHT TO ORGANIZE.— 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
‘‘(i) IN GENERAL.—Each public hous-
ing agency shall notify each tenant receiv-
ing tenant-based rental assistance of the 
right to organize described in subpara-
graph (A) annually during the recertifi-
cation process. 
‘‘(ii) 
TENANCY
ADDENDUM.—The 
Secretary shall update the most recent 
Tenancy Addendum for the Section 8 Ten-
ant-Based 
Assistance 
Housing 
Choice 
Voucher Program to describe the right to 
organize provided for in this subsection. 
‘‘(F) DEFINITIONS.—In this paragraph: 
‘‘(i) TENANT ORGANIZER.—The term 
‘tenant organizer’ means a tenant or non- 
tenant who assists tenants in establishing 
and operating a tenant organization, and 
who is not an employee or representative of 
current or prospective owners, managers, 
or their agents. 
‘‘(ii) LEGITIMATE TENANT ORGANIZA-
TION.—The term ‘legitimate tenant organi-
zation’ means an organization of 3 more 
tenants receiving tenant-based rental as-
VerDate Sep 11 2014 
20:42 Oct 12, 2023
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
sistance that has been established for the 
purpose described in subparagraph (A). 
‘‘(iii) 
OWNER.—The 
term 
owner 
means a person who owns a dwelling unit 
occupied by a tenant that receives rental 
assistance.’’. 
SEC. 4. LIHTC TENANT ORGANIZATIONS. 
(a) IN GENERAL.—Section 42(g) of the Internal Rev-
enue Code of 1986 is amended by adding at the end the 
following new paragraph: 
‘‘(10) LIHTC TENANT ORGANIZATIONS.— 
‘‘(A) RIGHTS
OF
TENANTS.—Tenants of 
rent-restricted units in any qualified low-income 
housing project shall have the same right as 
tenants described in section 8(o)(23)(A) of the 
United States Housing Act of 1937. 
‘‘(B) RESPONSIBILITIES OF OWNERS.— 
‘‘(i) Each owner of qualified low-in-
come housing project must meet the re-
quirements in subparagraphs (B)(ii) and 
(C) of section 8(o)(23) of the United 
States Housing Act of 1937. 
‘‘(ii) If an owner fails to meet the re-
quirements referred to in clause (i) with 
respect to any qualified low-income housing 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
project, the credits allowed under this sec-
tion with respect to such project shall be 
disallowed or recaptured in an amount that 
is proportionate to the violation, as deter-
mined by the Secretary, but in no case less 
than 5 percent of the credits claimed dur-
ing the taxable year during which the vio-
lation occurred. 
‘‘(iii) In the case of any failure re-
ferred to in clause (ii) that occurs after the 
expiration of the project’s compliance pe-
riod (as determined under subsection 
(i)(1)), the Secretary shall levy fines in ac-
cordance with a schedule determined by 
the Secretary that shall establish fines of 
not less than $500 per day for each day 
after the end of the correction period es-
tablished by the Secretary. The Secretary 
shall establish such schedule not later than 
120 days after the date of the enactment 
of this Act. The Secretary may delegate its 
duty to levy fines to the State housing 
credit agencies. 
‘‘(C) RESPONSIBILITIES OF STATE HOUS-
ING AGENCIES.— 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
‘‘(i) Each State housing credit agency 
must meet the requirements which are the 
same as the requirements of subpara-
graphs (B)(i) and (C) of section 8(o)(23) 
of the United States Housing Act of 1937. 
‘‘(ii) If a State housing credit agency 
fails to meet the requirements referred to 
in clause (i), there shall be a reduction in 
the State housing credit agency’s State 
housing credit ceiling (as calculated under 
subsection (h)(3)(C)) during the calendar 
year following a violation in an amount de-
termined by the Secretary. 
‘‘(D) ESTABLISHMENT OF PRIVATE RIGHT 
TO ACTION.—Individuals who meet the income 
limitation applicable to the building under this 
subsection (whether prospective, present, or 
former occupants of the building) may file an 
action at law or in equity, in Federal or State 
court, including for injunctive relief, to enforce 
the various provisions of this section. 
‘‘(E) 
ENFORCEMENT
PROTOCOL.—The 
Secretary, after consultation with the Secretary 
of Housing and Urban Development, shall— 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
‘‘(i) establish a protocol for the en-
forcement of this paragraph which is the 
same as the protocol established under sec-
tion 8(o)(23)(D)(i) of the United States 
Housing Act of 1937, except that, for pur-
poses of this subparagraph, the reference 
in such section to ‘tenant-based rental as-
sistance’ shall be treated as a reference to 
the right of the tenant to occupy a rent-re-
stricted unit and to any other right or 
privilege required to be provided to such 
tenant as a condition of the project being 
treated as a qualified low-income housing 
project, and 
‘‘(ii) submit each quarter to the Com-
mittee on Ways and Means of the House 
of Representatives and the Committee on 
Finance of the Senate a report containing 
the 
information 
described 
in 
section 
8(o)(23)(D)(ii) of the United States Hous-
ing Act of 1937 with respect to the en-
forcement of this paragraph with respect 
to qualified low-income housing projects. 
‘‘(F) NOTICE OF RIGHT TO ORGANIZE.— 
Each State housing credit agency shall annually 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
notify each owner and tenant of a rent-re-
stricted unit of a qualified low-income housing 
project of the right to organize referred to in 
subparagraph (A).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
SEC. 5. FUNDING FOR TENANT AND OTHER PARTICIPATION 
AND CAPACITY BUILDING. 
Paragraph (3) of section 514(f) of the Multifamily 
Assisted Housing Reform and Affordability Act of 1997 
(42 U.S.C. 1437f note) is amended— 
(1) in subparagraph (A)— 
(A) in the first sentence— 
(i) by striking ‘‘not more than’’ and 
inserting ‘‘not less than’’; 
(ii) by striking ‘‘of low-income housing 
for which project-based rental assistance is 
provided at below market rent levels and 
may not be renewed (including transfer of 
developments to tenant groups, nonprofit 
organizations, and public entities), for ten-
ant services’’ and inserting the following: 
‘‘and improvement of low-income housing 
for which project-based rental assistance, 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
public housing subsidies, low-income hous-
ing tax credits, Federal or State subsidized 
loans, enhanced vouchers under section 
8(t), or project-based vouchers under sec-
tion 8(o) are provided or proposed’’; and 
(iii) 
in 
the 
second 
parenthetical 
clause, by inserting before the closing pa-
renthesis 
the 
following: 
‘‘, 
and 
predevelopment assistance to enable such 
transfers’’; and 
(B) by inserting after the period at the end 
the following: ‘‘For outreach and training of 
tenants and technical assistance, the Secretary 
shall implement a grant program utilizing per-
formance-based outcome measures for eligible 
costs incurred. Recipients providing capacity 
building or technical assistance services to ten-
ant groups shall be qualified nonprofit state-
wide, countywide, area-wide, or city-wide orga-
nizations with demonstrated experience includ-
ing at least a two-year recent track record of 
organizing and providing assistance to tenants, 
and independence from the owner, a prospective 
purchaser, or their managing agents. The Sec-
retary may provide assistance and training to 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS
grantees in administrative and fiscal manage-
ment to ensure compliance with applicable Fed-
eral requirements. The Secretary shall expedite 
the provision of funding for the fiscal year in 
which the date of the enactment of this Act oc-
curs and by entering into an interagency agree-
ment for not less than $1,000,000 with the 
Corporation for National and Community Serv-
ice to conduct a tenant outreach and training 
program to eligible housing under this sub-
section. The Secretary shall also make available 
flexible grants to qualified nonprofit organiza-
tions that do not own eligible multifamily prop-
erties, for tenant outreach in underserved areas, 
and to experienced national or regional non-
profit organizations to provide specialized train-
ing or support to grantees assisted under this 
section. Notwithstanding any other provision of 
law, funds authorized under this paragraph for 
any fiscal year shall be available for obligation 
in subsequent fiscal years. The Secretary shall 
require each recipient of amounts made avail-
able pursuant to this subparagraph to submit 
to the Secretary reports, on a quarterly basis, 
detailing the use of such funds and including 
VerDate Sep 11 2014 
21:57 Oct 04, 2023
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5827.IH
H5827
lotter on DSK11XQN23PROD with BILLS