I 
118TH CONGRESS 
2D SESSION 
H. R. 8904 
To protect and empower residents of certain federally assisted rental housing, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2024 
Ms. PRESSLEY (for herself, Ms. WATERS, Ms. TLAIB, Ms. OMAR, Ms. WIL-
LIAMS of Georgia, Mr. NADLER, Mr. MCGOVERN, Ms. VELA´ZQUEZ, Mr. 
MFUME, Mr. GARCI´A of Illinois, Mr. DAVIS of Illinois, and Mr. FROST) 
introduced the following bill; which was referred to the Committee on Fi-
nancial Services 
A BILL 
To protect and empower residents of certain federally 
assisted rental housing, 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 ‘‘Tenant Empowerment 
Act of 2024’’. 
SEC. 2. MAINTENANCE OF HOUSING. 
(a) PROJECT-BASED ASSISTANCE.—Section 8(d) of 
the United States Housing Act of 1937 (42 U.S.C. 
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1437f(d)) is amended by adding at the end the following 
new paragraphs: 
‘‘(7) ENFORCEMENT OF HOUSING STANDARDS RE-
LATED TO PHYSICAL CONDITION OF PROPERTY.—If the 
Secretary determines, upon any inspection or management 
review for any multifamily housing project covered by a 
housing assistance payments contract under this section, 
that there are serious violations of housing standards ap-
plicable to such project that are not corrected after reason-
able notice, or any other substantial or repeated violations 
of other program requirements, including residents’ right 
to organize, the Secretary shall take one or more of the 
following actions in addition to other remedies allowed 
under the contract: 
‘‘(A) Withhold all or part of the housing assist-
ance payments due under the contract. 
‘‘(B) Withhold any rent increases otherwise 
due. 
‘‘(C) Assume possession and management of 
the project and take any actions necessary to correct 
the violations, including using such withheld pay-
ments to effectuate repairs or to reimburse others 
who make repairs. 
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‘‘(D) Use such withheld payments to pay for 
utilities and other services that are the responsibility 
of the owner under the lease or applicable law. 
‘‘(8) ESCROW OF TENANT RENTS.— 
‘‘(A) WITHHOLDING
OF
RENT.—If the Sec-
retary determines, pursuant to paragraph (7), that 
there are serious violations of housing standards ap-
plicable to any multifamily housing project covered 
by a housing assistance payments contract under 
this section, including a failed physical inspection 
score, an unsatisfactory management and occupancy 
review score, or a notice of violation of right to orga-
nize regulations under subpart B of part 245 of title 
24, Code of Federal Regulations, any tenants in as-
sisted units in the project may withhold the tenant 
contribution toward rent and pay such amount, 
when due, into an escrow fund in accordance with 
procedures established by the Secretary. If a tenant 
withholds the tenant contribution toward rent in ac-
cordance with this paragraph, the Secretary shall 
withhold all or part of the housing assistance pay-
ments due under the contract for the unit until the 
violations are remedied. If an owner has completed 
a purchase of multifamily housing found in violation 
under this paragraph and commenced a repair pro-
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gram to remediate these violations, tenants exer-
cising this right may negotiate a staged release of 
funds held in escrow upon reaching measurable 
benchmarks as established by the Secretary, includ-
ing consultation with the tenants of the property 
and any legitimate tenants’ association, as defined in 
subpart B of part 245 of title 24, Code of Federal 
Regulations. 
‘‘(B) REPAIR AND DEDUCT.—Any tenant of a 
multifamily housing project covered by a housing as-
sistance payments contract under this section may 
make payments from the tenant’s contribution to-
ward rent, not to exceed the monthly gross rent for 
the unit, to effectuate the cost of repairs or mitiga-
tion to bring their unit into compliance with housing 
quality standards, and to deduct the documented 
cost from their rent, in accordance with procedures 
established by the Secretary. 
‘‘(C) PROHIBITION.—An owner of a project 
shall not evict tenants for nonpayment of rent for 
exercising rights under this paragraph. 
‘‘(D) RULE
OF
CONSTRUCTION.—Nothing in 
this paragraph shall be construed to limit or pre- 
empt any stronger protections which may exist 
under State or local law. 
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graph, except that in applying such para-
graphs— 
‘‘(i) the term ‘public housing agency’ 
shall be substituted for the term ‘Sec-
retary’; and 
‘‘(ii) the term ‘contract under this 
paragraph’ shall be substituted for the 
term ‘contract under this section’.’’. 
SEC. 3. RESIDENT ENFORCEMENT OF PROJECT OWNER 
AGREEMENTS WITH HUD AND USDA. 
(a) IN GENERAL.—In each covered agreement, as 
such term is defined in subsection (c), any resident, or 
resident association, of an affected project shall be per-
mitted to petition the appropriate Secretary requesting en-
forcement of alleged serious violations of housing stand-
ards that are not corrected after reasonable notice, or any 
other substantial or repeated violations of other program 
requirements, including the right of residents to organize. 
(b) JUDICIAL RELIEF.—If the appropriate Secretary, 
or the designee of the appropriate Secretary, fails to issue 
a determination regarding an enforcement request made 
pursuant to subsection (a), or if the determination fails 
to provide the enforcement action requested within 90 
days after receipt of the petition, the resident, or resident 
or tenant association, may seek appropriate judicial relief 
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in connection with the alleged violation and enforcement 
of the covered agreement in any forum of competent juris-
diction. In the case of any alleged violation that threatens 
the health or safety of tenants, the time period for making 
such a determination shall not exceed 15 days. 
(c) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) APPROPRIATE SECRETARY.—The term ‘‘ap-
propriate Secretary’’ means, with respect to a cov-
ered agreement, the Secretary identified in para-
graph (2). 
(2) COVERED AGREEMENT.—The term ‘‘covered 
agreement’’ means any— 
(A) a contract between the Secretary of 
Housing and Urban Development, a contract 
administrator, or any public housing agency 
and an owner for project-based housing assist-
ance payments under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f); 
(B) agreement under the Multifamily As-
sisted Housing Reform and Affordability Act of 
1997 (42 U.S.C. 1437f note) for— 
(i) 
Mark-to-Market 
Restructuring 
Commitments, section 8 rental assistance 
for a project involving any action under 
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section 517(b) or section 519 of such Act; 
or 
(ii) Rehabilitation Escrow Deposit 
Agreements for Mark-to-Market; 
(C) contract for mortgage insurance exe-
cuted by the Secretary of Housing and Urban 
Development and any owner or purchaser of a 
multifamily housing project; 
(D) agreement with the Secretary of Agri-
culture in connection with a loan for rural rent-
al housing under section 515 of the Housing 
Act of 1949 (42 U.S. C. 1485); or 
(E) other Regulatory Agreements, Compli-
ance Agreements, Use Agreements, or similar 
contracts between the appropriate Secretary 
and the owner that establish housing quality re-
quirements or affordability restrictions. 
(d) REGULATIONS.—Within 180 days after the date 
of the enactment of this Act, the each appropriate Sec-
retary shall issue regulations providing procedures for— 
(1) receiving tenant petitions to enforce the 
terms of a covered agreement; 
(2) evaluating alleged violations of a covered 
agreement; and 
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(3) providing notice to residents and resident 
associations. 
(e) PROTECTION OF OTHER TENANT RIGHTS.—This 
section shall not be construed to limit or replace the rights 
of residents to raise grievances, appeal decisions, or make 
other claims provided under any other provision of law. 
SEC. 4. RESIDENT ACCESS TO BUILDING INFORMATION. 
(a) ACCESS TO INFORMATION.—Upon a written re-
quest by a legitimate residents association established with 
respect to a multifamily housing property to which section 
202 of the Housing and Community Development Amend-
ments of 1978 (12 U.S.C. 1715z-1b) applies, by or 
through its duly appointed designee or representative, the 
Secretary of Housing and Urban Development shall make 
available to such association, designee, or representative, 
for the property represented by the association— 
(1) information identifying the legal entities 
that own or manage the subject property, including 
identification of general partners and other prin-
cipals; 
(2) an annual operating statement of profit and 
loss of the ownership and management entities iden-
tified in paragraph (1), and their other current or 
former properties assisted by the Department, in-
cluding the history and current status of mortgage 
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assignments, defaults, foreclosures, or departmental 
sanctions; 
(3) any subsidy contracts and regulatory agree-
ments, use agreements, or other contracts referred 
to in section 3(c)(2) of this Act between the owner-
ship entities and the Department of Housing and 
Urban Development, including correspondence be-
tween such ownership entities and the Department 
for the subject property; 
(4) any management reviews, physical inspec-
tion reports, and capital needs assessments of the 
subject property or entities identified in paragraph 
(1) that are conducted by the Department or a con-
tractor of the Department; and 
(5) an annual statement, prepared by the De-
partment or a contract administrator for the subject 
property, of the balances of, and expenditures from, 
any replacement reserves and other escrow funds for 
the property. 
(b) PROTECTION
OF PERSONAL INFORMATION.— 
Subsection (a) shall not be construed to require disclosure 
of Social Security numbers, personal tax returns, or any 
other personal financial information of or concerning indi-
viduals who have an interest in the ownership or manage-
ment entities referred to in subsection (a), including sala-
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ries or wages of employees of such entities. In complying 
with the requirements of subsection (a), the Secretary 
shall not disclose, and shall redact, any information that 
identifies, or may be used to identify, a resident of the 
multifamily housing property. 
SEC. 5. FUNDING FOR TENANT AND OTHER PARTICIPATION 
AND CAPACITY BUILDING. 
Subparagraph (A) of section 514(f)(3) of the Multi-
family Assisted Housing Reform and Affordability Act of 
1997 (42 U.S.C. 1437f note) is amended— 
(1) by striking ‘‘not more than’’ and inserting 
‘‘not less than’’; 
(2) in the first parenthetical clause, by inserting 
before the closing parenthesis the following: ‘‘, and 
predevelopment assistance to enable such transfers’’; 
(3) 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 tenant services’’ and inserting the following: 
‘‘and improvement of low-income housing for which 
project-based rental assistance, public housing sub-
sidies, low-income housing tax credits, Federal or 
State subsidized loans, enhanced vouchers under sec-
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tion 8(t), or project-based vouchers under section 
8(o) are provided or proposed’’; and 
(4) 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 performance-based outcome 
measures for eligible costs incurred. Recipients pro-
viding capacity building or technical assistance serv-
ices to tenant groups shall be qualified nonprofit 
State-wide, countywide, area-wide, or city-wide orga-
nizations with demonstrated experience including at 
least a two-year recent track record of organizing 
and providing assistance to tenants, and independ-
ence from the owner, a prospective purchaser, or 
their managing agents. The Secretary may provide 
assistance and training to grantees in administrative 
and fiscal management to ensure compliance with 
applicable Federal 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 agreement 
for not less than $1,000,000 with the Corporation 
for National and Community Service to conduct a 
tenant outreach and training program to eligible 
housing under this subsection. The Secretary shall 
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also make available flexible grants to qualified non-
profit organizations that do not own eligible multi-
family properties, for tenant outreach in underserved 
areas, and to experienced national or regional non-
profit organizations to provide specialized training or 
support to grantees assisted under this section. Not-
withstanding any other provision of law, funds au-
thorized 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 available pursuant to this subpara-
graph to submit to the Secretary reports, on a quar-
terly basis, detailing the use of such funds and in-
cluding such information as the Secretary shall re-
quire.’’. 
SEC. 6. TENANT PARTICIPATION IN PHYSICAL INSPECTION 
AND MANAGEMENT REVIEW PROCESSES. 
In implementing any inspection requirements for en-
suring decent, safe, and sanitary conditions and any Man-
agement and Occupancy Reviews in multifamily housing 
receiving project-based assistance under a program admin-
istered by the Secretary of Housing and Urban Develop-
ment, the Secretary shall— 
(1) encourage tenant participation— 
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(A) by requiring that the owner shall post 
notice of any Department of Housing and 
Urban Development (in this section referred to 
as ‘‘HUD’’) inspection, including information 
about the inspection process, contact informa-
tion, and appeals to HUD, both before and 
after the inspection, in common areas of the 
property; 
(B) by requiring that, after any inspection, 
the owner shall post the property score in com-
mon areas of the property and ensure that the 
full HUD inspection report (but not including 
any personally identifiable information for own-
ers or residents) and related correspondence is 
made available for inspection by tenants and 
their representatives at the property where they 
reside; 
(C) by allowing any legitimate tenant orga-
nization, prior to an inspection, to submit a re-
port regarding the property to the inspector 
and to HUD; 
(D) by notifying and allowing any legiti-
mate tenant organization, upon request, to meet 
with and to designate a representative to ac-
company the inspector during the on-site in-
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spection of common areas, including grounds, 
hallways, lobbies, community, mail and laundry 
rooms, and other common spaces accessible to 
residents; 
(E) by including in any HUD physical in-
spection up to five additional units suggested by 
tenants or any legitimate tenant organization; 
(F) by providing notice, comment, and ap-
peal rights for tenants and any legitimate ten-
ant organization parallel to the notice, com-
ment, and appeal rights provided to owners; 
and 
(G) by conducting a full or partial Man-
agement and Occupancy Review upon the writ-
ten request by at least 25 percent of residents 
or by any legitimate tenant association at the 
property, for the issues identified by residents; 
(2) require inspectors to notate in their report 
potential environmental hazards and unseen health 
and safety conditions described by residents, man-
agement staff, or local agencies, or as observed by 
the inspector; 
(3) require HUD to provide for independent 
testing of potential environmental hazards identified 
by HUD inspectors; 
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(4) require the Secretary to develop a remedial 
plan if environmental hazards or health and safety 
conditions are documented and to monitor the imple-
mentation of the remedial plan; 
(5) require HUD contract inspectors to review 
records and consult with local code enforcement 
agencies regarding physical conditions of a property 
prior to inspections, if the locality’s databases are 
accessible; 
(6) review work order records in the manage-
ment office of the property to assess for response 
time and tenant satisfaction; and 
(7) require the Secretary to inspect for compli-
ance with any findings of exigent health and safety 
violations resulting from HUD inspections. 
SEC. 7. DUTY TO MAINTAIN HOUSING ASSISTANCE PAY-
MENTS DURING FORECLOSURE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, in managing and disposing of any multifamily 
property that is owned or has a mortgage held by the Sec-
retary of Housing and Urban Development, and during 
the process of foreclosure on any property with a contract 
for rental assistance payments under section 8 of the 
United States Housing Act of 1937 or any other program 
administered by the Secretary, the Secretary shall main-
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tain any rental assistance payments under section 8 of the 
United States Housing Act of 1937, and any other pro-
grams, that are attached to any dwelling units in the prop-
erty. 
(b) OTHER RENTAL ASSISTANCE.— To the extent 
the Secretary determines, in consultation with the tenants 
and the local government, that such a multifamily prop-
erty owned or having a mortgage held by the Secretary 
is not feasible for continued rental assistance payments 
under such section 8 or other programs, based on consid-
eration of (1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local re-
sources, including rent adjustments under section 524 of 
the Multifamily Assisted Housing Reform and Afford-
ability Act of 1997 (42 U.S.C. 1437f note), and (2) envi-
ronmental conditions that cannot be remedied in a cost- 
effective fashion, the Secretary may, in consultation with 
the tenants of that property, contract for project-based 
rental assistance payments with an owner or owners of 
other existing housing properties, or provide other rental 
assistance. 
(c) PROJECT-BASED CONTRACTS.— The Secretary 
shall take appropriate steps to ensure that project-based 
contracts remain in effect prior to foreclosure, subject to 
the exercise of contractual abatement remedies to assist 
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relocation of tenants for imminent major threats to health 
and safety after written notice to and informed consent 
of the affected tenants and use of other available remedies, 
such as partial abatements or receivership. 
(d) RENT LEVELS.—After disposition of any multi-
family property described under this section, the contract 
and allowable rent levels on such properties shall be sub-
ject to the requirements under section 524 of the Multi-
family Assisted Housing Reform and Affordability Act of 
1997. 
SEC. 8. CLARIFICATION OF TENANT PARTICIPATION IN 
MULTIFAMILY PROJECTS. 
The last sentence of section 202(a) of the Housing 
and Community Development Amendments of 1978 (12 
U.S.C. 1715z–1b(a)) is amended by inserting after ‘‘(42 
U.S.C. 1437f),’’ the following: ‘‘including a project as-
sisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)),’’. 
Æ 
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