Expediting Assistance to Renters and Landlords Act of 2021
Bill: H.R.5196 | Sponsor: Rep. Waters, Maxine (D-CA)
Policy area: Housing and Community Development

Summary:
Expediting Assistance to Renters and Landlords Act of 2021
This bill modifies the Department of the Treasury's Emergency Rental Assistance program by extending time limits on payments, allowing landlords to seek rents and arrears from the program without renter consent, and allowing renters to prove eligibility through attestation.
The program provides grants to state and local governments to assist eligible households in paying rent and utility costs and other expenses related to housing incurred due to the COVID-19 pandemic.  The bill extends the availability of program assistance from 18 to 24 months for eligible households. The bill also relaxes requirements for proof of eligibility by requiring only that households attest that they meet eligibility requirements instead of requiring proof of eligibility. It also allows for direct payment of funds to eligible households where the landlord refuses direct payment.  Additionally, the bill allows a landlord to apply for program funds without the consent of a renter if the landlord agrees to certain terms, including a 120-day bar on evicting the renter for nonpayment.
This bill also expands the stable housing services available under the program to additional low-income households.
Further, the bill requires Treasury and state and local governments to increase outreach to renters and landlords and allows for coordination with public entities to provide application assistance services.


To expedite application for payment of rental arrearages by landlords 
   and mandate tenant access to financial assistance, 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 ``Expediting Assistance to Renters and 
Landlords Act of 2021''.

SEC. 2. EXPEDITING APPLICATIONS FOR PAYMENT OF RENTAL ARREARAGES BY 
              LANDLORDS.

    (a) In General.--Section 501(f) of subtitle A of title V of 
Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 
9058a(f))is amended--
            (1) by inserting after paragraph (2) the following:
            ``(3) Requirements for applications submitted on behalf of 
        tenant without tenant consent.--
                    ``(A) In general.--The Secretary shall not later 
                than 30 days after the date of the enactment of this 
                paragraph establish a process for a landlord of a 
                residential dwelling to submit an application on the 
                behalf of a renter when such landlord is unable to 
                obtain the consent of such renter to submit such 
                application for after taking reasonable steps to obtain 
                such signature, as determined by the Secretary.
                    ``(B) Notice of application.--The process 
                established by the Secretary pursuant to subparagraph 
                (A) shall require a landlord of a residential dwelling 
                who submits an application for assistance without the 
                consent of the renter of such dwelling to notify the 
                renter of the intent of the landlord to submit such 
                application not less than 10 days before such landlord 
                submits such application.
                    ``(C) Satisfaction of outstanding monetary 
                claims.--If a landlord of a residential dwelling 
                submits an application for assistance on behalf of a 
                renter without the consent of such renter and receives 
                assistance under this section, such amount shall be 
                deemed to satisfy all monetary claims relating to rent 
                such landlord may have against such renter during the 
                period between the date on which the national emergency 
                concerning the novel coronavirus disease (COVID-19) 
                outbreak was declared by the President and the date on 
                which the application is submitted by the landlord.
                    ``(D) Documentation.--
                            ``(i) In general.--The Secretary shall, 
                        with respect to documentation required for 
                        applications for assistance, establish methods 
                        for landlords to establish the income of a 
                        renter when the landlord does not have the 
                        consent of the renter, including the use of 
                        proxies of income.
                            ``(ii) 4 or fewer dwellings.--The Secretary 
                        shall, where possible, limit the amount of 
                        documentation required for an application for 
                        assistance in the case of a landlord that owns 
                        4 or fewer residential dwellings.
                    ``(E) Conditions on assistance.--
                            ``(i) In general.--The landlord shall 
                        comply with any conditions the Secretary of the 
                        Treasury may prescribe to ensure that renters 
                        remain stably housed.
                            ``(ii) 120-day eviction prohibition.--The 
                        Secretary of the Treasury shall, not later than 
                        30 days after the date of the enactment of this 
                        paragraph, to ensure that renters remain stably 
                        housed, prohibit any landlord that receives 
                        assistance from a grantee under this section 
                        with respect to a particular renter from 
                        evicting such renter, except when the tenancy 
                        constitutes a direct threat to the health and 
                        safety of other individuals or would result in 
                        substantial physical damage to the property of 
                        others, during the 120-day period after the 
                        date on which such assistance was received by 
                        the landlord from the grantee.
                            ``(iii) Eviction-related requirements.--The 
                        Secretary of the Treasury shall, not later than 
                        30 days after the date of the enactment of this 
                        paragraph, require any landlord that receives 
                        assistance from a grantee under this section 
                        with respect to a particular renter to, with 
                        respect to such renter--
                                    ``(I) set aside and vacate any past 
                                eviction judgement based on nonpayment 
                                of rent covered by the application for 
                                assistance; and
                                    ``(II) rescind any eviction notice 
                                and agree to seal any eviction filing, 
                                if applicable.
                    ``(F) Notice of arrearages received.--If a grantee 
                provides rental arrearages to a landlord based on an 
                application submitted by the landlord on behalf of a 
                renter, such landlord must--
                            ``(i) notify such renter that such rental 
                        arrearages were received from the grantee;
                            ``(ii) notify such renter if the landlord 
                        applies for assistance in the amount of rent 
                        due during the 120-day period described in 
                        subparagraph (F); and
                            ``(iii) inform such renter that the 
                        landlord is prohibited from terminating the 
                        lease agreement or evicting such renter, except 
                        when the tenancy constitutes a direct threat to 
                        the health and safety of other individuals or 
                        would result in substantial physical damage to 
                        the property of others, during the 120 day 
                        period after such rental arrearages were 
                        received by the landlord from the grantee.
                    ``(G) Vacant properties.--The Secretary shall 
                establish a process for a landlord to submit an 
                application for assistance on behalf of a renter who 
                has vacated a dwelling, provided that the landlord did 
                not file an eviction notice on such renter.
                    ``(H) Grantee notification process.--Each grantee 
                that provides assistance to a landlord with respect to 
                a residential dwelling under this paragraph shall 
                establish a process to notify state and local courts 
                and the renter of such residential dwelling that--
                            ``(i) rent is no longer past due with 
                        respect to such renter; and
                            ``(ii) any eviction proceedings relating to 
                        the nonpayment of rent by such renter should be 
                        halted.
                    ``(I) Notification of rights.--Each grantee that 
                provides assistance to a landlord with respect to a 
                residential dwelling under this paragraph shall inform 
                the renter of such residential dwelling about--
                            ``(i) the rights of such renter under the 
                        Fair Housing Act and relevant State and local 
                        laws relating to fair housing; and
                            ``(ii) how such renter can file complaints 
                        with respect to violations of the Fair Housing 
                        Act and violations of relevant State and local 
                        laws relating to fair housing.
                    ``(J) Rule of construction.--Nothing in this 
                paragraph may be construed to prevent a renter of a 
                dwelling from applying for assistance related to items 
                described in section 501(c)(2)(A) that are not included 
                in an application submitted by a landlord on behalf of 
                the renter.''.
    (b) Prioritization of Assistance.--Section 501(c)(4) of subtitle A 
of title V of Division M of the Consolidated Appropriations Act, 2021 
(15 U.S.C. 9058a(c)(4)) is amended by adding at the end the following:
                    ``(C) The grantee shall prioritize applications 
                filed by renters and applications filed by landlords on 
                behalf of renters with the consent of the renter over 
                any application filed by a landlord without the consent 
                of a renter.''.

SEC. 3. MANDATING TENANT ACCESS TO FINANCIAL ASSISTANCE.

    (a) In General.--Section 501(c) of subtitle A of title V of 
Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 
9058a(c)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``12 months'' and inserting 
                        ``20 months''; and
                            (ii) by striking ``for an additional 3 
                        months'' and inserting ``for an additional 4 
                        months'';
                    (B) in subparagraph (B)(i), by striking ``3 
                months'' and inserting ``4 months''; and
                    (C) in subpargraph (C)(i)(I) by striking ``the 
                grantee may make such payments'' and inserting ``the 
                grantee shall make such payments''; and
            (2) in paragraph (3) by striking ``to provide eligible 
        households'' and inserting ``to provide `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))''.
    (b) Extended Period for Assistance.--Section 3201(d)(1)(A) of the 
American Rescue Plan Act of 2021 is amended--
            (1) in clause (i), by striking ``18 months'' and inserting 
        ``24 months''; and
            (2) in clause (ii), by striking ``18 months'' and inserting 
        ``24 months''.
    (c) Limitation of Liability.--Section 501 of subtitle A of title V 
of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 
9058a) is amended by adding at the end the following:
    ``(m) Safe Harbor.--A grantee may not be subject to liability for 
the provision of assistance under this section to a renter who does not 
meet the eligibility requirements set forth under this section if such 
grantee provides such assistance in good faith reliance on attestations 
of eligibility or use of proxies of income provided by the renter 
pursuant to the requirements of this section or rules issued by the 
Secretary under this section.''.
    (d) Eligible Household Defined.--Section 501(k)(3) of subtitle A of 
title V of Division M of the Consolidated Appropriations Act, 2021 (15 
U.S.C. 9058a(k)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``with respect to which the 
                eligible grantee involved determines'' and inserting 
                ``with respect to which the eligible grantee determines 
                by accepting any attestation of the household as 
                true,''; and
                    (B) by striking ``hardship due, directly'' an 
                inserting ``hardship, during or due, directly''
            (2) by striking in subparagraph (C) and inserting the 
        following:
                    ``(C) Income determination.--In determining the 
                income of a household for purposes of determining such 
                household's eligibility for assistance from a payment 
                made under this section (including for purposes of 
                subsection (c)(4)), the eligible grantee involved shall 
                accept any attestation of the household with respect to 
                eligibility as true.''.
    (e) Lease Requirement Prohibited.--Section 501 of subtitle A of 
title V of Division M of the Consolidated Appropriations Act, 2021 (15 
U.S.C. 9058a) is amended by adding at the end the following:
    ``(n) Lease Requirement Prohibited.--The Secretary shall prohibit 
grantees from requiring a renter to submit a written lease agreement to 
be eligible for assistance under this section.''.

SEC. 4. PERFORMANCE IMPROVEMENT PLANS.

    Section 501(c) of subtitle A of title V of Division M of the 
Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(c)) is amended 
by adding at the end the following:
            ``(6) Performance improvement plans.--The Secretary shall 
        require any eligible grantee that has, on September 30, 2021, 
        obligated less than 25 percent of any amounts such eligible 
        grantee has received under this section to provide to the 
        Secretary a performance improvement plan that explains how such 
        eligible grantee will expedite the delivery of assistance to 
        renters and landlords.''.

SEC. 5. OUTREACH TO RENTERS AND LANDLORDS AND TECHNICAL ASSISTANCE.

    Section 501 of subtitle A of title V of Division M of the 
Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a) is amended by 
adding at the end the following:
    ``(o) Outreach and Technical Assistance.--
            ``(1) Outreach.--The Secretary and the grantee shall 
        conduct outreach to renters and landlords to ensure maximum 
        participation in the emergency rental assistance program 
        established under this section, including by--
                    ``(A) not later than 30 days after the date of the 
                enactment of this subsection sending direct mail to all 
                taxpayers that educates the taxpayers about the 
                emergency rental assistance program established under 
                this section and how the taxpayer may qualify for 
                assistance;
                    ``(B) not later than 30 days after the date of the 
                enactment of this subsection sending direct mail to 
                taxpayers who received rental income in 2020 that 
                informs such taxpayers that renters of their dwellings 
                may qualify for the emergency rental assistance program 
                established under this section; and
                    ``(C) purchasing television, radio and electronic 
                advertisement to educate Americans about the emergency 
                rental assistance program established under this 
                section and how Americans may qualify for assistance.
            ``(2) Technical assistance.--The Secretary shall provide 
        technical assistance to grantees and this technical assistance 
        shall include--
                    ``(A) assisting grantees with the development and 
                administration of programs under this section;
                    ``(B) providing technical advice and technology to 
                grantees, including software and automated payment 
                disbursement tools; and
                    ``(C) other information and technical assistance as 
                the Secretary determines appropriate to assist grantees 
                to achieve the objectives of this section.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of the Treasury 
        to carry out the outreach and technical assistance required 
        under this subsection $50,000,000 for use in fiscal year 
        2022.''.

SEC. 6. RECAPTURE PROCESS MODIFICATION.

    Section 501(d) of subtitle A of title V of Division M of the 
Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(d)) is amended--
            (1) by striking ``Beginning on September 30, 2021,'' and 
        inserting the following:
            ``(1) In general.--Beginning on September 30, 2021,'';
            (2) by striking ``The amount of any such reallocation'' and 
        inserting the following:
            ``(2) Amount.-- The amount of any such reallocation''; and
            (3) in paragraph (1)--
                    (A) by striking ``uses described under subsection 
                (c).'' and inserting ``uses described under subsection 
                (c);'';
                    (B) by striking ``to eligible grantees'' and 
                inserting the following:
                    ``(A) to eligible grantees''; and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) to any nonprofit entity that primarily 
                provides housing services and operates in the 
                jurisdiction of the grantee from whom the funds were 
                recaptured; or
                    ``(C) to a public or private entity supervised by a 
                court that primarily provides housing services and 
                operates in the jurisdiction of the grantee from whom 
                the funds were recaptured.''.

SEC. 7. COLLABORATION WITH PUBLIC ENTITIES.

    (a) In General.--Section 501 of subtitle A of title V of Division M 
of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a) is 
amended--
            (1) in subsection (c)(5)(A)--
                    (A) by striking ``10 percent'' and inserting ``15 
                percent''; and
                    (B) by striking ``related to such funds.'' and 
                inserting ``related to such funds and for collaboration 
                with public entities as described in subsection (n).''.
            (2) by adding at the end the following:
    ``(p) Collaboration With Public Entities.--
            ``(1) In general.--The Secretary of the Treasury shall, not 
        later than 30 days after the enactment of this subsection, 
        issue guidance designed to instruct eligible grantees with 
        respect to how best to collaborate with public entities to 
        provide application assistance services.
            ``(2) Use of amounts paid to eligible grantee.--
        Notwithstanding subsection (c)(5), an eligible grantee that 
        collaborates with public entities pursuant to the guidance 
        issued by the Secretary of the Treasury pursuant to paragraph 
        (1) may use amounts available for administrative costs under 
        section (c)(5) to, in coordination with one or more public 
        entities, develop any administrative infrastructure necessary 
        to provide application assistance services, including--
                    ``(A) training the employees of a public entity or 
                other designated institutional representative of a 
                public entity about how to complete the emergency 
                rental application process;
                    ``(B) maintaining physical and electronic copies of 
                all documents needed to apply for assistance;
                    ``(C) establishing methods of communication between 
                eligible grantees, public entities, community 
                organizations, and individual households;
                    ``(D) providing language translation services;
                    ``(E) developing community outreach materials, 
                programs, and initiatives; and
                    ``(F) collecting and storing relevant documentation 
                on-site at the public entity, or with a third party in 
                a manner that complies with Federal, State, and local 
                law.
            ``(3) Definitions.--In this subsection:
                    ``(A) Application assistance services.--The term 
                `application assistance services' means--
                            ``(i) distributing applications for 
                        assistance to individuals that may qualify for 
                        assistance; and
                            ``(ii) assisting individuals applying or 
                        assistance.
                    ``(B) Public entity.--The term public entity 
                includes--
                            ``(i) public elementary schools and public 
                        secondary schools (as such terms are defined 
                        under section 8101 of the Elementary and 
                        Secondary Education Act of 1965);
                            ``(ii) public libraries;
                            ``(iii) HUD-approved housing counseling 
                        agencies and other entities receiving funds 
                        under section 3204 of the American Rescue Plan 
                        Act of 2021;
                            ``(iv) courts that handle eviction related 
                        matters;
                            ``(v) public housing agencies;
                            ``(vi) public transit systems;
                            ``(vii) State departments of motor 
                        vehicles;
                            ``(viii) the United States Postal Service; 
                        and
                            ``(ix) Federal, State, and local social 
                        service providers.''; and
    (b) Collaboration With Public Entities.--Section 3201 of the 
American Rescue Plan Act of 2021 is amended by adding at the end the 
following:
    ``(i) Collaboration With Public Entities.--
            ``(1) In general.--The Secretary of the Treasury shall, not 
        later than 30 days after the enactment of this subsection, 
        issue guidance designed to instruct eligible grantees with 
        respect to how best to collaborate with public entities to 
        provide application assistance services.
            ``(2) Use of amounts paid to eligible grantee.--An eligible 
        grantee that collaborates with public entities pursuant to the 
        guidance issued by the Secretary of the Treasury pursuant to 
        paragraph (1) may use not more than 15 percent of the amount 
        paid to such eligible grantee under this section to, in 
        coordination with one or more public entities, develop any 
        administrative infrastructure necessary to provide application 
        assistance services, including--
                    ``(A) training the employees of a public entity or 
                other designated institutional representative of a 
                public entity about how to complete the emergency 
                rental application process;
                    ``(B) maintaining physical and electronic copies of 
                all documents needed to apply for assistance;
                    ``(C) establishing methods of communication between 
                eligible grantees, public entities, community 
                organizations, and individual households;
                    ``(D) providing language translation services;
                    ``(E) developing community outreach materials, 
                programs, and initiatives; and
                    ``(F) collecting and storing relevant documentation 
                on-site at the public entity, or with a third party in 
                a manner that complies with Federal, State, and local 
                law.
            ``(3) Definitions.--In this subsection:
                    ``(A) Application assistance services.--The term 
                `application assistance services' means--
                            ``(i) distributing applications for 
                        assistance to individuals that may qualify for 
                        assistance; and
                            ``(ii) assisting individuals applying or 
                        assistance.
                    ``(B) Public entity.--The term public entity 
                includes--
                            ``(i) public elementary schools and public 
                        secondary schools (as such terms are defined 
                        under section 8101 of the Elementary and 
                        Secondary Education Act of 1965);
                            ``(ii) public libraries;
                            ``(iii) public housing agencies;
                            ``(iv) public transit systems;
                            ``(v) State departments of motor vehicles;
                            ``(vi) the United States Postal Service; 
                        and
                            ``(vii) Federal, State, and local social 
                        service providers.''.
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