Stable Families Act of 2022
Bill: H.R.8327 | Sponsor: Rep. Torres, Ritchie (D-NY)
Policy area: Housing and Community Development

Summary:
Stable Families Act of 2022
This bill permits the Department of Housing and Urban Development to award grants to state, local, territorial, and tribal governments to provide financial assistance and housing stabilization services to extremely low-income households.

To authorize the Secretary of Housing and Urban Development to carry 
   out a rent stabilization program to provide short-term financial 
 assistance to extremely low-income families at risk of eviction, 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 ``Stable Families Act of 2022''.

SEC. 2. EMERGENCY ASSISTANCE PROGRAM.

    (a) In General.--The Secretary is authorized to make funds 
available to State, local, territorial, and Tribal governments (in this 
section referred to as ``eligible grantees'') for the purpose of 
providing financial assistance and housing stabilization services to 
extremely low-income households to prevent evictions, homelessness, and 
other housing instability.
    (b) Distribution of Funds.--An eligible grantee receiving 
assistance under this section may distribute all or a portion of such 
assistance to private nonprofit organizations, other government 
entities, public housing agencies, Tribally designated housing 
entities, or other entities as determined by the Secretary to carry out 
programs in accordance with this section.
    (c) Designation.--An eligible grantee that receives a grant under 
this section may designate 1 or more entities to carry out programs in 
accordance with this section.
    (d) Household Eligibility.--
            (1) In general.--A household that is eligible to receive 
        assistance under a program established under this section (in 
        this section referred to as an ``eligible household'') shall 
        be--
                    (A) extremely low-income, as defined in section 
                3(b) of the United States Housing Act of 1937 (42 
                U.S.C. 1437a(b));
                    (B) at risk of housing instability and experiencing 
                a short-term crisis, as attested to in writing by the 
                household, which may include--
                            (i) a decline in household income;
                            (ii) a family or health crisis;
                            (iii) unexpected expenses;
                            (iv) unsafe or unhealthy living conditions; 
                        or
                            (v) any other event as determined by the 
                        Secretary; and
                    (C) obligated to pay rent on a residential dwelling 
                or experiencing homelessness, as defined in section 103 
                of the McKinney-Vento Homeless Assistance Act (42 
                U.S.C. 11302).
            (2) Housing type.--Assistance under a program established 
        under this section shall be provided to eligible households 
        regardless of housing type, or lack thereof, including--
                    (A) rental properties, hotels, or motels where the 
                households are covered by State, Tribal, or local 
                eviction laws;
                    (B) manufactured housing;
                    (C) mobile homes;
                    (D) single rooms; and
                    (E) other types of subsidized and unsubsidized 
                housing.
            (3) Lease requirements.--Assistance under a program 
        established under this section shall be provided to eligible 
        households with written or oral leases, subleases, or informal 
        tenancy arrangements, allowing households to self-certify lease 
        agreements.
    (e) Limitation.--
            (1) In general.--Assistance under a program established 
        under this section shall be provided to an eligible household 
        for arrears and a period not to exceed 4 months during any 
        period of 3 years, except that grantees may provide assistance 
        for an additional 3 months only if necessary to ensure housing 
        stability for the eligible household, subject to the 
        availability of funds.
            (2) Exception for periods of high unemployment, emergency, 
        or major disaster.--Assistance under a program established 
        under this section shall be provided to an eligible household 
        for a period not to exceed 12 months, except that grantees may 
        provide assistance for an additional 3 months only if necessary 
        to ensure housing stability for the eligible household, subject 
        to the availability of funds--
                    (A) if for any month during the fiscal year the 
                average rate of unemployment (seasonally adjusted) for 
                the United States or for the State in which the 
                eligible grantee is located, for the period consisting 
                of the most recent 3 months for which data for all 
                States are published, equals or exceeds 5.5 percent; or
                    (B) in any fiscal year in which a declaration of a 
                major disaster or emergency under section 401 or 501 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170, 5191) is in effect with 
                respect to the jurisdiction covered by an eligible 
                grantee.
    (f) Use of Funds.--
            (1) In general.--An eligible grantee shall--
                    (A) use grant amounts to help eligible households 
                overcome a short-term crisis impacting housing 
                stability and provide financial assistance and housing 
                stability-related services to those eligible 
                households; and
                    (B) evaluate the eligibility of households in a 
                manner consistent with Federal nondiscrimination 
                requirements.
            (2) Financial assistance.--A recipient of a grant under 
        this section shall use the grant funds to provide housing-
        related financial assistance to eligible households in the form 
        of payments, including--
                    (A) direct payments to the eligible households; and
                    (B) the payment of--
                            (i) rent and rent arrears;
                            (ii) utilities and home energy costs and 
                        utilities and home energy costs arrears;
                            (iii) relocation costs; and
                            (iv) other housing-related expenses, as 
                        defined by the Secretary.
            (3) Housing stability-related services.--Not more than 25 
        percent of amounts received by a recipient of a grant under 
        this section shall be used to provide housing stability-related 
        services to eligible households, including--
                    (A) services for case management, including 
                community resources to negotiate and resolve issues to 
                keep eligible households housed;
                    (B) rehousing and relocation services;
                    (C) services provided by housing counseling 
                agencies approved by the Department to negotiate and 
                resolve financial issues;
                    (D) legal services;
                    (E) services to connect those eligible households 
                to other public supports, including long-term housing 
                assistance;
                    (F) referrals to other services for behavioral, 
                emotional, and mental health issues, domestic violence, 
                child welfare issues, employment, substance abuse 
                treatment, or other services; and
                    (G) other services to promote housing stability as 
                determined by the Secretary.
            (4) Evaluation.--Of amounts made available under subsection 
        (n) for fiscal year 2022, not more than $10,000,000 shall be 
        used by the Secretary to conduct a rigorous program evaluation 
        under subsection (k).
            (5) Administrative costs.--A recipient of a grant under 
        this section may not use more than 10 percent of the total 
        amount received under this section for administrative costs.
    (g) Allocation of Resources.--
            (1) Initial eligibility.--The Secretary, in consultation 
        with the Secretary of Health and Human Services, the Secretary 
        of the Treasury, and the Secretary of Agriculture, shall 
        develop a formula for determining the initial funding 
        eligibility for eligible grantees based on--
                    (A) the number of extremely low-income renter 
                households with severe cost burdens, the number of 
                extremely low-income households experiencing severe 
                overcrowding, and the unemployment rate in each 
                jurisdiction;
                    (B) the prior performance of the grantee, including 
                whether the eligible grantee has any unresolved, 
                systemic housing-related civil rights violations; and
                    (C) other factors as determined by the Secretary.
            (2) Notification of initial eligibility.--The Secretary 
        shall notify eligible grantees of their initial eligibility for 
        funding within 30 days of the date of enactment of the 
        appropriate Act making appropriations for the Department for 
        the fiscal year.
            (3) Statement of grantee interest and commitment.--Within 
        90 days of receiving the notification described in paragraph 
        (2), each eligible grantee shall--
                    (A) notify the Secretary of its intent to 
                participate in the program authorized by this section 
                during the fiscal year for which the Secretary is 
                making funds available; and
                    (B) if the eligible grantee notifies the Secretary 
                of its intent to participate in the program, the 
                eligible grantee shall concurrently submit--
                            (i) a detailed plan describing how the 
                        eligible grantee will--
                                    (I) use the funds to prevent 
                                evictions, homelessness, and other 
                                housing instability, consistent with 
                                the requirements of this section, 
                                including any plans to distribute the 
                                funds to private nonprofit 
                                organizations, other government 
                                entities, public housing agencies, or 
                                other entities as determined by the 
                                Secretary;
                                    (II) implement and administer a 
                                program to distribute funds quickly and 
                                efficiently to eligible households, 
                                including through the use of 
                                appropriate technology;
                                    (III) make the plan publicly 
                                accessible; and
                                    (IV) raise awareness of the 
                                availability of assistance under the 
                                plan, including among renters and 
                                rental property owners; and
                            (ii) a statement that the eligible grantee 
                        will participate in a rigorous evaluation of 
                        the effectiveness of the program, if requested 
                        to do so by the Secretary.
            (4) Plan submission and public availability.--An eligible 
        grantee shall--
                    (A) make the plan submitted under paragraph 
                (3)(B)(i) publicly available on a website of the 
                eligible grantee, including in a format that is 
                accessible to individuals with disabilities; and
                    (B) conduct public hearings and solicit comment on 
                the plan submitted under paragraph (3)(B)(i) using the 
                procedure described in paragraph (5).
            (5) Public hearing and solicitation of comments.--
                    (A) In general.--In conducting public hearings and 
                soliciting comments on a plan submitted under paragraph 
                (3)(B)(i), each eligible grantee shall follow the 
                requirements of the citizen participation plan adopted 
                pursuant to section 91.105 of title 24, Code of Federal 
                Regulations, or any successor regulation, except as 
                provided in this paragraph.
                    (B) Initial hearing.--Before submitting the plan to 
                the Secretary required under paragraph (3)(B)(i), an 
                eligible grantee shall--
                            (i) hold a public hearing on the plan; and
                            (ii) provide the public with a reasonable 
                        opportunity to view and comment on the plan, 
                        which shall be for a period of not less than 10 
                        days.
                    (C) Subsequent hearings.--Not later than 60 days 
                after the initial hearing under subparagraph (B), an 
                eligible grantee shall conduct a public hearing to 
                solicit feedback on grants provided under this section.
                    (D) Consultation.--In addition to any other citizen 
                participation and consultation requirements, in 
                developing and implementing a plan to carry out this 
                section, each eligible grantee shall consult with--
                            (i) the applicable Continuum or Continuums 
                        of Care for the area served by the eligible 
                        grantee;
                            (ii) organizations representing underserved 
                        communities and populations; and
                            (iii) organizations with expertise in 
                        affordable housing, fair housing, and services 
                        for individuals with disabilities.
            (6) Allocation of prorated funds.--Not later than 120 days 
        after the enactment of appropriations Act making appropriations 
        for the program authorized under this section, the Secretary 
        shall allocate to each eligible grantee that notified the 
        Secretary of its intent to participate in the program, 
        consistent with the requirements in paragraph (3), the amount 
        of funding for which the eligible grantee is eligible under the 
        formula described in paragraph (1), plus any additional 
        prorated amounts made available as a result of State, local, 
        and Tribal governments having notified the Secretary of their 
        intent to decline to participate or has indicated its intent 
        not to participate under the terms of paragraph (3), in 
        accordance with the payment schedule described in paragraph 
        (8).
            (7) Distribution of declined funds.--
                    (A) In general.--If the Secretary determines as of 
                120 days after the enactment of appropriations for the 
                program authorized under this section that an eligible 
                grantee has declined to receive its full allocation or 
                has not indicated its intent to participate, not later 
                than 15 days after such date, the Secretary--
                            (i) except as provided in clause (ii) and 
                        subparagraph (B), shall redistribute, on a pro 
                        rata basis, such allocation among the other 
                        eligible grantees in the State (or States, if 
                        the eligible grantee is a Tribal government 
                        with jurisdiction in more than 1 State) that 
                        have not declined to receive their allocations; 
                        or
                            (ii) if no other eligible grantees exist in 
                        a relevant State, may contract with units of 
                        local government within the State to administer 
                        funds within the State.
                    (B) Exception.--If a redistribution under 
                subparagraph (A)(i) would result in eligible grantees 
                in a State receiving an increase of not less than 20 
                percent in funds received under the grant program, any 
                amount above the 20 percent increase in funds shall be 
                returned to the Secretary and distributed across all 
                eligible grantees that did not decline their full 
                allocation.
    (h) Continuous Improvement.--The Secretary shall establish a 
process that incorporates findings from rigorous evaluation of the 
grant program authorized under this section into subsequent guidance 
and best practices for eligible grantees.
    (i) Evaluation of Grantees.--The Secretary shall--
            (1) using data provided by eligible grantees, conduct a 
        rigorous evaluation of the grant program authorized under this 
        section that includes an assessment of--
                    (A) the ease with which eligible households are 
                able to access assistance;
                    (B) the effectiveness of the intervention models of 
                the program in preventing housing instability in 
                general and for eligible households of different types 
                and income levels;
                    (C) the cost-effectiveness of the program; and
                    (D) other indicators as determined by the 
                Secretary;
            (2) publicly disseminate, through internet websites and 
        other means, interim findings as soon as they become available 
        relating to programs established by recipients of a grant under 
        this section; and
            (3) make the evaluations described in paragraph (1) 
        publicly available.
    (j) Reporting Requirements.--
            (1) In general.--The Secretary shall publish public reports 
        not less frequently than annually regarding the use of funds 
        made available under this section, which shall include, with 
        respect to each eligible grantee under this section--
                    (A) the number of eligible households that receive 
                assistance;
                    (B) the acceptance rate of applicants for 
                assistance;
                    (C) the type or types of assistance provided to 
                each eligible household;
                    (D) the average amount of funding provided per 
                eligible household receiving assistance;
                    (E) the average number of monthly rental or utility 
                payments that were covered by the funding amount that 
                an eligible household received, as applicable;
                    (F) the rate of evictions in the jurisdiction; and
                    (G) the rate of evictions of households that 
                received assistance under this program in the 
                jurisdiction.
            (2) Data.--Each report under this subsection shall 
        disaggregate the information relating to eligible households by 
        the gender, race, and ethnicity of the primary applicant for 
        assistance in those eligible households.
            (3) Alternative requirements.--The Secretary may establish 
        alternative reporting requirements for Tribal and territorial 
        eligible grantees and Tribally designated housing entities in 
        carrying out activities under this section, including exempting 
        Tribal eligible grantees and Tribally designated housing 
        entities from--
                    (A) the Fair Housing Act (42 U.S.C. 3601 et seq.); 
                and
                    (B) the citizen participation and consultation 
                requirements under subpart B of part 91 of title 24, 
                Code of Federal Regulations, or any successor 
                regulation.
            (4) Privacy requirements.--
                    (A) In general.--Each eligible grantee that 
                receives a grant under this section shall establish 
                data privacy and security requirements for the 
                information described in paragraph (1) that--
                            (i) include appropriate measures to ensure 
                        that the privacy of individuals is protected;
                            (ii) provide that the information, 
                        including any personally identifiable 
                        information, is collected and used only for the 
                        purpose of submitting reports under paragraph 
                        (1); and
                            (iii) provide confidentiality protections 
                        for data collected about any individuals who 
                        are survivors of intimate partner violence, 
                        sexual assault, or stalking.
                    (B) Statistical research.--
                            (i) In general.--The Secretary--
                                    (I) may provide full and unredacted 
                                information provided under 
                                subparagraphs (A) through (F) of 
                                paragraph (1), including personally 
                                identifiable information, for 
                                statistical research purposes in 
                                accordance with existing law; and
                                    (II) may collect and make available 
                                for statistical research, at the census 
                                block group level, information 
                                collected under subparagraph (A).
                            (ii) Application of privacy requirements.--
                        A recipient of information under clause (i) 
                        shall establish for such information the data 
                        privacy and security requirements described in 
                        subparagraph (A).
            (5) Provision of data.--Each eligible grantee shall provide 
        to the Secretary such data as may be necessary for the 
        Secretary to complete the reporting requirements under this 
        subsection.
    (k) Report on Program.--Not later than 5 years after the 
establishment of the program under this section, the Secretary shall 
submit to the Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Financial Services of the House of 
Representatives and publish in the Federal Register a report--
            (1) evaluating the effectiveness of the strategies pursued 
        under the grant program; and
            (2) that includes recommendations for any necessary changes 
        to law.
    (l) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $3,000,000,000 for each of fiscal years 2022 through 2026, and 
        such sums as may be necessary for each fiscal year thereafter, 
        to carry out this section.
            (2) Reservation of funds for tribal communities.--Of the 
        amount appropriated under paragraph (1), the Secretary shall 
        reserve $9,600,000 for activities and assistance authorized 
        under titles I and VIII of the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 
        et seq.) and title I of the Housing and Community Development 
        Act of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian 
        Tribes, which shall be made available for entities that are 
        eligible for payments under clauses (i) and (ii) of section 
        501(b)(2)(A) of subtitle A of title V of division N of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260).
            (3) Allocation for states, territories, and units of local 
        government.--The amount appropriated under paragraph (1) for a 
        fiscal year that remains after the application of paragraph (2) 
        shall be allocated to eligible grantees that are eligible under 
        subtitle A of title II of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 12741 et seq.), to be used in 
        a manner that conforms to the formula authorized under 
        subsection (f).
            (4) Pro rata availability.--The Secretary shall only 
        distribute a pro rata amount of the total appropriated under 
        paragraph (1) in a fiscal year based on the number of eligible 
        grantees that are eligible to receive a grant due to the 
        limitation described in subsection (m)(4).
    (m) Availability.--
            (1) In general.--Each eligible grantee shall--
                    (A) with respect to the first 2 fiscal years in 
                which grants are awarded under this section--
                            (i) obligate not less than 60 percent of 
                        such grant amounts within 2 years of the date 
                        that such funds become available to the 
                        eligible grantee for obligation; and
                            (ii) obligate 100 percent of such grant 
                        amounts within 3 years of such date; and
                    (B) for each subsequent fiscal year--
                            (i) obligate not less than 60 percent of 
                        such grant amounts within 1 year of the date 
                        that such funds become available to the 
                        eligible grantee for obligation; and
                            (ii) obligate 100 percent of such grant 
                        amounts within 2 years of such date.
            (2) Reallocation after 2 years.--
                    (A) In general.--The Secretary may recapture any 
                amounts not obligated in compliance with paragraph 
                (1)(A) and reallocate and repay such amounts to 
                eligible grantees in compliance that, at the time of 
                reallocation, have obligated not less than 65 percent 
                of the amount originally allocated and paid to the 
                eligible grantee.
                    (B) Amount.--The amount of a reallocation described 
                in subparagraph (A) shall be determined based on 
                demonstrated need within the jurisdiction covered by 
                the eligible grantee, as determined by the Secretary.
            (3) Rescission and reallocation of funds.--An eligible 
        grantee may use any funds from grants made under this section 
        that are unobligated within 3 years for purposes in addition to 
        those specified in this section, provided that such other 
        purposes are affordable housing purposes, as defined by the 
        Secretary, serving very low-income families (as such term is 
        defined in section 3(b) of the United States Housing Act of 
        1937 (42 U.S.C. 1437a(b))).
            (4) Limitation on availability of funds.--An eligible 
        grantee may only receive a grant under this section after the 
        earlier of--
                    (A) the date on which the eligible grantee has 
                expended all funds provided under the emergency rental 
                assistance programs under section 501 of division N of 
                the Consolidated Appropriations Act, 2021 (Public Law 
                116-260) and section 3201 of the American Rescue Plan 
                Act (Public Law 117-2); or
                    (B) the date on which funds provided under the 
                emergency rental assistance programs under section 501 
                of division N of the Consolidated Appropriations Act, 
                2021 (Public Law 116-260) and section 3201 of the 
                American Rescue Plan Act (Public Law 117-2) are no 
                longer available for obligation.
    (n) Prohibition on Prerequisites.--None of the funds made available 
pursuant to this section may be used to require any eligible household 
receiving assistance under the program under this section to receive 
treatment or perform any other prerequisite activities as a condition 
for receiving shelter, housing, or other services.
    (o) Use of Self-Certification or Self-Attestation.--The Secretary 
shall require eligible grantees to allow eligible households to use 
self-certification or self-attestation to meet statutory or regulatory 
requirements, to the greatest extent possible.
    (p) Treatment of Assistance.--Assistance provided to an eligible 
household from a payment made under this section shall not be regarded 
as income and shall not be regarded as a resource for purposes of 
determining the eligibility of the eligible household or any member of 
the eligible household for benefits or assistance, or the amount or 
extent of benefits or assistance, under any Federal program or under 
any State, local, or Tribal program financed in whole or in part with 
Federal funds.
    (q) Written Notice of Denial of Assistance.--An eligible household 
that is denied assistance by an eligible grantee under the grant 
program under this section shall receive written notice of the denial 
of assistance within 5 days of the denial, which shall describe the 
basis for the denial and provide the eligible household with not less 
than 10 days to correct or amend the application.
    (r) Non-Supplantation Requirement.--An eligible grantee under this 
section shall expend, from other Federal funding sources available to 
the eligible grantee, an amount equal to the average fiscal year amount 
of total expenditures the eligible grantee made for eviction 
prevention, housing stabilization, and homelessness assistance for 
fiscal years 2017, 2018, and 2019 for those same activities during the 
fiscal year for which funds are paid to an eligible grantee under this 
section.
    (s) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the 
        Department of Housing and Urban Development.
            (2) Public housing; public housing agency.--The terms 
        ``public housing'' and ``public housing agency'' have the 
        meanings given those terms in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (4) Tribally designated housing entity.--The term 
        ``tribally designated housing entity'' has the meaning given 
        the term in section 4 of the Native American Housing Assistance 
        and Self-Determination Act of 1996 (25 U.S.C. 4103).
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