I
105TH CONGRESS
2D SESSION
H. R. 4218
To provide rental assistance under section 8 of the United States Housing
Act of 1937 in a manner that preserves residential property values,
protects residents, and enhances tenant and neighborhood safety.
IN THE HOUSE OF REPRESENTATIVES
JULY 15, 1998
Mr. ANDREWS introduced the following bill; which was referred to the
Committee on Banking and Financial Services
A BILL
To provide rental assistance under section 8 of the United
States Housing Act of 1937 in a manner that preserves
residential property values, protects residents, and en-
hances tenant and neighborhood safety.
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 ‘‘Section 8 Housing Im-
provement Act’’.
SEC. 2. LIMITATION ON USE OF ASSISTANCE BY AREA.
Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by inserting after sub-
section (k) the following new subsection:
‘‘(l) LIMITATION
ON
USE
OF
ASSISTANCE
BY
AREA.—
‘‘(1) AUTHORITY.—A public housing agency
that makes assistance available under subsection (b)
or (o) of this section may define an area or areas
within the jurisdiction of the agency and, subject to
the provisions of paragraph (2), limit the number of
families that may use such assistance to rent a
dwelling unit within any such area. Such an area
may consist of the entire geographical jurisdiction of
the agency or an area that is smaller than such ju-
risdiction.
‘‘(2) REQUIRED
FINDING.—A public housing
agency may limit the number of families that may
use assistance under subsection (b) or (o) to rent a
dwelling unit within an area defined under para-
graph (1) only if the agency determines, and cer-
tifies to the Secretary, that the limitation is nec-
essary—
‘‘(A) to preserve the value of property in
such area;
‘‘(B) to preserve the right of existing resi-
dents of such area to safety and to the quiet
enjoyment of their property; or
‘‘(C) to preserve the unique character and
nature of the area.’’.
Any limitation under this subsection for an area
may not restrict the number of families using assist-
ance in such area by more families than is necessary
to accomplish the purpose under subparagraph (A),
(B), or (C) for which the limitation is established or
for any other reason than such purpose.’’.
SEC. 3. NEIGHBORHOOD REVIEW COMMITTEES.
(a) IN GENERAL.—Section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) is amended by
inserting after subsection (l), as added by section 2 of this
Act, the following new subsection:
‘‘(m) NEIGHBORHOOD REVIEW COMMITTEES.—
‘‘(1) ESTABLISHMENT.—Each public housing
agency that administers tenant-based assistance
under subsection (b) or (o) of this section shall es-
tablish and maintain a neighborhood review commit-
tee (in this subsection referred to as the ‘commit-
tee’). The committee shall consist of not less than 3
and not more than 6 individuals, who shall be ap-
pointed by the public housing agency and shall in-
clude not less than 3 individuals who are not, di-
rectly or indirectly, recipients of housing assistance
under this section or any other housing assistance
provided by the Federal Government or any State or
local government (not including single family mort-
gage insurance provided under title II of the Na-
tional Housing Act). The members of the committee
shall be residents of the jurisdiction served by the
agency. Members of the committee shall serve for
terms of not more than 2 years and there shall be
no limit to the number of terms that any member
may serve.
‘‘(2) FUNCTIONS.—The committee shall obtain
and review information referred to in paragraphs (3)
and (4) for the purpose of advising the public hous-
ing agency regarding enforcement of laws and regu-
lations governing assistance provided under the ten-
ant-based rental assistance programs under this sec-
tion and assisting the agency to enforce such laws
and regulations.
‘‘(3) AVAILABILITY
OF
RECORDS
REGARDING
ASSISTED
FAMILIES.—Notwithstanding any other
provision of Federal or State law (including any law
regarding confidentiality of such information), the
committee for a public housing agency may obtain
any of the following records and information relating
to any member of a household on whose behalf ten-
ant-based assistance under subsection (b) or (o) of
this section is provided and who resides within the
jurisdiction of the agency:
‘‘(A) Criminal conviction, arrest, and activ-
ity records from any law enforcement agency.
‘‘(B) Police reports.
‘‘(C) Juvenile arrest and punishment
records.
‘‘(D) References and reports of past or
present lessors.
‘‘(E) Records of civil actions filed against
the member and any related judgments, settle-
ments, or other dispositions.
‘‘(F) Any other information reasonably re-
lated to the procurement of information de-
scribed in this paragraph.
This paragraph shall apply with respect to any mem-
ber of any household on whose behalf such tenant-
based assistance is provided after the date of the ef-
fectiveness of the regulations implementing this sub-
section. A public housing agency shall provide writ-
ten notice to each applicant for tenant-based assist-
ance from the agency of the effect of the provisions
of this paragraph on the applicant’s rights to con-
fidentiality of information described in this para-
graph.
‘‘(4) AVAILABILITY
OF
RECORDS
REGARDING
LANDLORDS.—Notwithstanding any other provision
of Federal or State law (including any law regarding
confidentiality of such information), the committee
for a public housing agency may obtain any of the
following records and information relating to any
owner of a dwelling unit located within the jurisdic-
tion of the agency for which assistance payments are
made under subsection (b) or (o) of this section:
‘‘(A) Criminal conviction, arrest, and activ-
ity records from any law enforcement agency.
‘‘(B) Police reports.
‘‘(C) Citations, convictions, fines, or judg-
ments for violations of any laws, regulations,
standards, or codes relating to housing quality
or habitability.
‘‘(D) Complaints, grievances, or actions
filed by any current or former tenants, and any
records of any related judgments, settlements,
or other dispositions.
‘‘(E) Any other information reasonably re-
lated to the procurement of information de-
scribed in this paragraph.
This paragraph shall apply with respect to any
owner of an assisted dwelling unit for which assist-
ance payments are made after the date of the effec-
tiveness of the regulations implementing this sub-
section.
‘‘(5) PENALTY.—Any person who obtains or
uses information under this subsection for purposes
other than those described in paragraph (2), or dis-
closes such information in any manner to any indi-
vidual not authorized under law to receive such in-
formation, shall be imprisoned not more than one
year and fined not more than $10,000 (and such of-
fense is hereby exempted from the applicability of
the fine provided under section 3571 of title 18,
United States Code), or both.’’.
(b) REGULATIONS.—The Secretary of Housing and
Urban Development shall issue any regulations necessary
to carry out the amendment made by subsection (a) not
later than the expiration of the 12-month period beginning
on the date of the enactment of this Act, which shall take
effect not later than the expiration of the 90-day period
beginning upon such issuance.
SEC. 4. ENFORCEMENT OF HOUSING QUALITY STANDARDS.
(a) IN GENERAL.—Section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) is amended by
adding at the end the following new subsection:
‘‘(cc) ENFORCEMENT OF HOUSING QUALITY STAND-
ARDS.—Each contract providing for housing assistance
payments for tenant-based assistance under subsection (b)
or (o) shall provide that if a public housing agency deter-
mines that a dwelling unit for which tenant-based assist-
ance is provided under subsection (b) or (o) fails to comply
with the standards for housing quality for units so assisted
or with any applicable State or local law, regulation,
standard, or code relating to housing quality or habit-
ability, the following action shall be taken:
‘‘(1) NOTIFICATION.—The public housing agen-
cy shall notify the Secretary, tenant, and owner of
the unit of the noncompliance and shall notify the
tenant and owner of the action required under this
subsection.
‘‘(2) WITHHOLDING
OF
ASSISTANCE.—During
the period of the noncompliance, the agency shall
withhold all of the assistance amounts under this
section with respect to the unit and the Secretary
shall withhold any other assistance amounts pro-
vided with respect to the unit under any program
administered by the Secretary. The agency and the
Secretary shall promptly release any withheld
amounts to the owner after the owner corrects the
noncompliance. An owner may not terminate the
tenancy of any tenant or refuse to renew a lease for
such unit because of the withholding of assistance
pursuant to this paragraph.
‘‘(3) TERMINATION OF LEASE OR ASSISTANCE
PAYMENTS CONTRACT.—If assistance amounts under
this section for a dwelling unit are withheld pursu-
ant to paragraph (2) and the owner does not correct
the noncompliance before the expiration of the lease
for the dwelling unit and such lease is not renewed,
the Secretary shall recapture any such amounts
from the public housing agency.
‘‘(4) APPLICABILITY.—This subsection shall
apply to any dwelling unit for which a housing as-
sistance payments contract is entered into or re-
newed after the date of the effectiveness of the regu-
lations implementing this subsection.’’.
(b) REGULATIONS.—The Secretary of Housing and
Urban Development shall issue any regulations necessary
to carry out the amendment made by subsection (a) not
later than the expiration of the 12-month period beginning
upon the date of the enactment of this Act, which shall
take effect not later than the expiration of the 90-day pe-
riod beginning upon such issuance.
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