Ensuring a Long-Term Housing Recovery Act of 2021
Bill: H.R.1947 | Sponsor: Rep. Smith, Adam (D-WA)
Policy area: Housing and Community Development

Summary:
Ensuring a Long-Term Housing Recovery Act of 2021
This bill increases the authorization of appropriations for the Department of Housing and Urban Development (HUD) to provide additional rental housing choice voucher assistance. This assistance may be used for rent, utilities (including internet service), related debt, fees, deposits, and landlord incentive payments.
The bill authorizes HUD to waive certain requirements related to this additional assistance. In addition, the bill extends HUD's existing authority to waive requirements related to this assistance program and other programs that HUD administers.

To provide emergency rental assistance under the Housing Choice Voucher 
  Program of the Department of Housing and Urban Development, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring a Long-Term Housing 
Recovery Act of 2021''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) the economic impact of the novel coronavirus disease 
        (COVID-19) pandemic on housing renters is substantial and has 
        contributed to a growing rental income shortfall throughout the 
        economy during the pandemic;
            (2) while other economic stimulus efforts have been very 
        important, there is a gap in rental payments;
            (3) rigorous research shows that tenant-based housing 
        vouchers, which help families afford decent stable housing in 
        the private market, are the single most effective policy for 
        reducing homelessness, housing instability, and overcrowding 
        among extremely low-income persons; and
            (4) the Federal response must include, in the near term, an 
        increase in the amount of provided under direct rental 
        assistance programs, which are varied and can interact with the 
        public through a variety of different methods.

SEC. 3. HOUSING CHOICE VOUCHER PROGRAM.

    (a) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary of Housing and Urban Development (in this section 
        referred to as the ``Secretary'') $25,000,000,000 to remain 
        available until expended (subject to subsection (d)), for an 
        additional amount for fiscal year 2021 to be used for 
        incremental rental voucher assistance under section 8(o) of the 
        United States Housing Act of 1937 for use by individuals and 
        families, including administrative and other expenses. Amounts 
        authorized pursuant to this subsection are in addition to any 
        other amounts authorized or made available for such purposes.
            (2) Administrative and other expenses.--Administrative and 
        other expenses of public housing agencies in administering the 
        vouchers funded this subsection shall--
                    (A) be funded under the same terms for 
                administrative and other expenses to public housing 
                agencies under paragraph (3) of this heading ``Public 
                and Indian Housing--Tenant-Based Rental Assistance'' in 
                title II of division H of the Further Consolidated 
                Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 
                2978), except that those expenses shall not be subject 
                to any pro rata reduction under such paragraph; and
                    (B) include costs related to retention and support 
                of participating owners.
    (b) Allocation.--
            (1) Formula.--The Secretary shall allocate 75 percent of 
        any amounts made available pursuant to subsection (a) to public 
        housing agencies not later than 60 days after the date of the 
        enactment of this Act, according to a formula that--
                    (A) is based on an agency's authorized level of 
                units under contract for calendar year 2020; and
                    (B) provides amounts for individuals and families 
                residing in rural areas in each State in proportion to 
                the population of income-eligible individuals and 
                families residing in such areas in such State.
            (2) Competition.--The Secretary shall allocate 25 percent 
        of any amounts made available pursuant to subsection (a) to 
        public housing agencies under a competition based on need for 
        such amounts and such other criteria as the Secretary shall 
        establish.
            (3) Reallocation of unused assistance.--If a public housing 
        authority elects not to administer or does not utilize at least 
        95 percent of its authorized vouchers within a reasonable 
        period of time, the Secretary shall reallocate any unissued 
        vouchers and associated funds to other public housing agencies 
        according to the criteria under paragraph (1).
            (4) Prohibition on reissuance.--A public housing agency 
        shall not reissue any vouchers made available pursuant to 
        subsection (a) for incremental rental voucher assistance when 
        assistance for the family initially assisted is terminated.
    (c) Eligible Income.--Notwithstanding any other provision of law, 
the Secretary shall provide that assistance with amounts made available 
pursuant to subsection (a) be used to assist households having an 
income not exceeding 80 percent of the area median income if the 
Secretary determines it necessary to temporarily provide rental housing 
assistance to meet moderate income housing needs.
    (d) Use for Rent and Utilities.--
            (1) In general.--Rental assistance made available pursuant 
        to this section may be used for providing short- or medium-term 
        assistance with rent and rent-related costs including--
                    (A) tenant-paid utility costs (including costs of 
                internet access service );
                    (B) utility-arrears (including costs of internet 
                access service);
                    (C) rent-arrears;
                    (D) fees charged for utility arrears;
                    (E) fees charged for rent arrears;
                    (F) security deposits;
                    (G) utility deposits;
                    (H) application fees; and
                    (I) landlord incentive payments, including--
                            (i) payments made to a landlord to 
                        participate in a public housing agency's 
                        housing choice voucher program;
                            (ii) payments made to a landlord to 
                        maintain the landlord's participation in a 
                        public housing agency's housing choice voucher 
                        program; and
                            (iii) payments made to a landlord for 
                        referring another landlord to participate in a 
                        public housing agency's housing choice voucher 
                        program.
            (2) Guidance.--The Secretary shall issue guidance setting 
        forth procedures for public housing agencies to cover or 
        reimburse costs of tenant internet access service.
    (e) Waivers and Alternative Requirements.--In providing tenant-
based rental assistance with amounts made available pursuant to this 
section:
            (1) Income.--Any amounts received from unemployment 
        insurance shall be included as income, except that any amounts 
        received from temporary supplemental unemployment insurance 
        shall be excluded from income.
            (2) Unobligated balances.--The Secretary shall award any 
        remaining unobligated balances appropriated pursuant to this 
        section only for incremental vouchers under this section to 
        prevent, prepare for, and respond to coronavirus.
            (3) Authority and conditions.--Rental assistance made 
        available pursuant to this section shall be used under the same 
        authority and conditions as the additional appropriations for 
        rental assistance for fiscal year 2020 made available under the 
        heading ``Tenant-Based Rental Assistance'' in title XII of 
        division B of the CARES Act (Public Law 116-136), except that 
        any amounts provided for administrative expenses and other 
        expenses of public housing agencies for carrying out their 
        section 8 rental assistance programs, including mainstream 
        vouchers, under such heading in the CARES Act (Public Law 116-
        136) and any amounts made available pursuant to this section 
        shall also be available for housing assistance payments under 
        section 8(o) of the United States Housing Act of 1937.
            (4) Costs.--Amounts made available for rental assistance 
        pursuant to this section and under the heading ``Tenant-Based 
        Rental Assistance'' in title XII of division B of the CARES Act 
        may be used to cover or reimburse allowable costs incurred to 
        prevent, prepare for, and respond to coronavirus, including 
        administrative fees for public housing agencies, regardless of 
        the date on which such costs were incurred.
            (5) Waiting lists.--To address the special needs created by 
        the coronavirus pandemic, the Secretary shall authorize public 
        housing agencies to depart from any existing waiting list to 
        fund vouchers for rental assistance made available pursuant to 
        this section and shall waive any other requirements for public 
        housing agencies that the Secretary determines are necessary to 
        simplify implementation of the provision of such rental 
        assistance.

SEC. 4. WAIVER AUTHORITY IN CONNECTION WITH ASSISTANCE UNDER THIS ACT.

    (a) Waiver Authority.--Except for requirements related to fair 
housing, nondiscrimination, labor standards, prohibition on 
prerequisites, data reporting, and the environment, the Secretary may 
waive, or specify alternative requirements for, any provision of any 
statute or regulation that the Secretary administers in connection with 
the use of the amounts made available pursuant to section 3 if the 
Secretary determines that any such waivers or alternative requirements 
are necessary for the safe and effective administration of such amounts 
to prevent, prepare for, and respond to coronavirus and such waiver or 
alternative requirement is consistent with the purposes of this Act.
    (b) Public Notice.--The Secretary shall notify the public through 
publication of notice in the Federal Register or other appropriate 
means of any waiver or alternative requirement pursuant to this 
subsection to ensure the most expeditious allocation of rental 
assistance amounts made available pursuant to this section and in order 
for such waiver or alternative requirement to take effect, and such 
public notice may be provided, at a minimum, online on the Internet at 
an appropriate website of the Department of Housing and Urban 
Development or through other electronic media, as determined by the 
Secretary.

SEC. 5. EXTENSION OF EXISTING WAIVERS AND WAIVER AUTHORITY.

    (a) 5-Year Extension of Waivers.--Subject to subsection (d) and 
notwithstanding any other provision of law, any waiver impacting the 
housing choice voucher program included in Notice PIH 2020-33(HA), REV-
2 of the Department of Housing and Urban Development, issued November 
30, 2020, shall remain in effect until the expiration of the 5-year 
period beginning on the date of the enactment of this Act. The 
Secretary of Housing and Urban Development shall modify any alternative 
requirements to comply with the waiver extensions.
    (b) 5-Year Extension of Waiver Authority.--Subject to subsection 
(d) and notwithstanding any other provision of law, any authority under 
this Act, the CARES Act, or any other provision of law, that provides 
for the Secretary of Housing and Urban Development to waive, or specify 
alternative requirements for, any provision of any statute or 
regulation that the Secretary administers, that is in effect as of the 
date of the enactment of this Act, shall remain in effect until the 
expiration of the 5-year period beginning on the date of the enactment 
of this Act.
    (c) 5-Year Inapplicability of Cash Management Requirements.--The 
cash management requirements described in section 3.1.C of part 3 of 
the Compliance Supplement of the Office of Management and Budget (2 
C.F.R. Part 200, Appendix XI) shall not apply to any programs 
administered by the Secretary of Housing and Urban Development during 
the 5-year period beginning on the date of the enactment of this Act.
    (d) Extension.--Before the expiration of the 5-year period 
beginning on the date of the enactment of this Act, the Secretary of 
Housing and Urban Development shall analyze any waivers in effect 
pursuant to subsections (a) and (b) and the inapplicability of the cash 
management requirements pursuant to subsection (c) to determine the 
effectiveness of such waivers and inapplicability in improving program 
efficiencies without reducing program integrity or quality. The 
Secretary may, based on such determinations, extend any such waivers or 
inapplicability for such period as the Secretary considers appropriate 
upon written notice to the Congress of such extension and the reasons 
for such extension.
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