I 
115TH CONGRESS 
2D SESSION 
H. R. 5602 
To amend the United States Housing Act of 1937 to establish pass-through 
lease arrangements for uninhabitable dwelling units, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 24, 2018 
Mr. SEAN PATRICK MALONEY of New York (for himself and Mr. ESPAILLAT) 
introduced the following bill; which was referred to the Committee on Fi-
nancial Services 
A BILL 
To amend the United States Housing Act of 1937 to estab-
lish pass-through lease arrangements for uninhabitable 
dwelling units, 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 ‘‘Affordable Housing 
Protection Act’’. 
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SEC. 2. PASS-THROUGH LEASE ARRANGEMENTS FOR UN-
INHABITABLE DWELLING UNITS. 
Section 8(c) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(c)) is amended by adding at the 
end the following new paragraph: 
‘‘(7) PASS-THROUGH LEASE ARRANGEMENTS.— 
‘‘(A) IN GENERAL.—Any owner of a cov-
ered dwelling unit that was rendered uninhabit-
able shall, if approved by the Secretary, tempo-
rarily lease a habitable dwelling unit in another 
building for the covered resident for the period 
during which such unit is repaired. 
‘‘(B) GUIDANCE.—The Secretary shall 
issue guidance establishing policies for a tem-
porary lease arrangement described in subpara-
graph (A), which shall include— 
‘‘(i) a description of the process and 
the length of time allowed for identifying a 
habitable dwelling unit in another building; 
and 
‘‘(ii) procedures if such a habitable 
dwelling unit is not available. 
‘‘(C) PAYMENTS.—The following condi-
tions shall apply to a temporary lease arrange-
ment described under subparagraph (A): 
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‘‘(i) OWNER PAYMENTS.—The owner 
of a covered dwelling unit shall be respon-
sible for ensuring that the owner of the 
unit temporarily leased receives monthly 
payments for rent. 
‘‘(ii) 
COVERED
RESIDENT
PAY-
MENTS.—A covered resident residing in a 
unit temporarily leased shall make monthly 
payments for rent to the owner of the cov-
ered dwelling unit such covered resident 
previously occupied. Such payments may 
not exceed the maximum monthly rent es-
tablished pursuant to the assistance con-
tract. 
‘‘(D) 
REPAIRED
COVERED
DWELLING 
UNITS.—Upon completion of repairs to a cov-
ered dwelling unit that was rendered uninhabit-
able, the owner of such unit shall provide writ-
ten notice to the covered resident that such unit 
is habitable and that the covered resident may 
choose to return to such unit. The owner may 
not offer such unit to another eligible applicant 
under this section unless— 
‘‘(i) the covered resident chooses not 
to return to such unit; and 
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‘‘(ii) the owner terminates the tem-
porary lease arrangement described in sub-
paragraph (A). 
‘‘(E) APPLICATION.—This paragraph shall 
apply to the renewal of any assistance contract 
for project-based assistance under this section. 
‘‘(F) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED DWELLING UNIT.—The 
term ‘covered dwelling unit’ means an ex-
isting dwelling unit that receives project- 
based assistance through an assistance 
contract under this section. 
‘‘(ii) COVERED RESIDENT.—The term 
‘covered resident’ means a resident of a 
covered dwelling unit before such unit was 
rendered uninhabitable. 
‘‘(iii) HABITABLE DWELLING UNIT.— 
The term ‘habitable dwelling unit’ means a 
dwelling unit for which a third party in-
spector approved by the Secretary, has de-
termined meets housing quality standards 
established under section 6(f) or physical 
condition standards and physical inspection 
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requirements under section 200.855 of title 
24, Code of Federal Regulations.’’. 
Æ 
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