Title: ACHA Act
Policy area: Housing and Community Development

Summary:
Averting Crises in Housing Assistance Act or the ACHA Act
This bill creates a mechanism for the Department of Housing and Urban Development (HUD) to identify and rehabilitate public housing agency (PHA) properties that are failing and revises requirements for contracts between PHAs and HUD.
After designating a property as failing based on its physical condition or residents' complaints, HUD must enter into an agreement with the PHA to establish an action plan to restore the property to good condition. HUD must require the PHA to notify the residents of the property of the timelines and deadlines established by the plan. HUD must also provide technical and other assistance to the PHA and must provide housing vouchers to tenants wishing to relocate during the rehabilitation process.
Residents of a failing property may sue HUD for damages if the property is not restored to good condition within one year after the PHA establishes an action plan.
Additionally, the bill allows a consortium of PHAs to enter into a single annual contributions contract (i.e., the contract under which HUD agrees to pay a PHA for housing assistance and administrative fees).

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3088 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 3088

  To provide assistance to public housing agencies that have failing 
  properties in their inventories in order to protect the health and 
 safety of public housing residents, to allow consortia to enter into 
     single annual contributions contracts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2019

Ms. Duckworth (for herself, Mr. Durbin, and Mr. Booker) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide assistance to public housing agencies that have failing 
  properties in their inventories in order to protect the health and 
 safety of public housing residents, to allow consortia to enter into 
     single annual contributions contracts, 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 ``Averting Crises in Housing 
Assistance Act'' or the ``ACHA Act''.

SEC. 2. OVERSIGHT OF FAILING PROPERTIES.

    Section 6 of the United States Housing Act of 1937 (42 U.S.C. 
1437d) is amended by adding at the end the following:
    ``(u) Oversight of Failing Properties.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Applicable public housing agency.--The term 
                `applicable public housing agency' means a public 
                housing agency that has a public housing inventory that 
                includes a failing property.
                    ``(B) Early intervention mechanism.--The term 
                `early intervention mechanism' means the early 
                intervention mechanism developed by the Secretary under 
                paragraph (2)(A).
                    ``(C) Failing property.--The term `failing 
                property' means any facility--
                            ``(i) with a uniform physical condition 
                        score that is less than 60;
                            ``(ii) that has a failure that would 
                        disqualify the facility under the physical 
                        condition standards described in section 5.703 
                        of title 24, Code of Federal Regulations, or 
                        any successor regulation; or
                            ``(iii) for which not less than 25 percent 
                        of the residents of the facility or a resident 
                        advisory board established under section 5A(e) 
                        has submitted to Secretary a complaint 
                        described paragraph (2)(D).
                    ``(D) Good condition.--The term `good condition', 
                with respect to a property in the public housing 
                inventory of a public housing agency, means a condition 
                that does not have any of the criteria described in 
                clause (i), (ii), or (iii) of subparagraph (C).
                    ``(E) Performance indicators.--The term 
                `performance indicators' means the indicators described 
                in subsection (j)(1).
            ``(2) Establishment of early intervention mechanism.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this subsection, the Secretary 
                shall establish an early intervention mechanism under 
                which the Secretary shall--
                            ``(i) identify properties in the public 
                        housing inventory of public housing agencies 
                        that are not in good condition; and
                            ``(ii) partner with public housing agencies 
                        to which properties identified under clause (i) 
                        belong to assist those public housing agencies 
                        in--
                                    ``(I) preserving to the greatest 
                                extent possible, the public housing 
                                stock of each public housing agency as 
                                public housing; and
                                    ``(II) rehabilitating the public 
                                housing stock of each public housing 
                                agency in a manner that qualifies the 
                                public housing agency, with respect to 
                                each property described in clause (i), 
                                as meeting a satisfactory standard of 
                                performance under the performance 
                                indicators.
                    ``(B) Identification of failing properties.--
                            ``(i) Identification.--Not later than 60 
                        days after the date on which the Secretary 
                        establishes the early intervention mechanism, 
                        and every year thereafter, the Secretary shall, 
                        under the early intervention mechanism--
                                    ``(I) identify each property of 
                                each public housing agency that is not 
                                in good condition; and
                                    ``(II) designate each property 
                                identified under subclause (I) as a 
                                failing property.
                            ``(ii) Appeal and petition.--Not later than 
                        60 days after the date on which the Secretary 
                        establishes the early intervention mechanism, 
                        the Secretary shall establish procedures for an 
                        applicable public housing agency to--
                                    ``(I) appeal a designation made 
                                under clause (i)(II);
                                    ``(II) petition for removal of a 
                                designation made under clause (i)(II); 
                                and
                                    ``(III) appeal any refusal to 
                                remove a designation made under clause 
                                (i)(II).
                            ``(iii) Publication.--The Secretary shall--
                                    ``(I) publish a list of each 
                                failing property on the internet 
                                website of the Department of Housing 
                                and Urban Development;
                                    ``(II) update the list described in 
                                subclause (I) not less frequently than 
                                every 60 days; and
                                    ``(III) require each applicable 
                                public housing agency to post a notice 
                                on the internet website of the public 
                                housing agency, if applicable, and in 
                                each common area and at each entrance 
                                of each failing property of the public 
                                housing agency to alert residents of 
                                any such designation.
                    ``(C) Agreement and notification.--Not later than 
                90 days after the date on which the Secretary 
                designates a property as a failing property, or, if an 
                applicable public housing agency makes an appeal or a 
                petition under subparagraph (B)(ii) and that appeal or 
                petition is denied, not later than 90 days after the 
                date on which the appeal or petition is denied, the 
                Secretary shall--
                            ``(i) enter into an agreement with the 
                        public housing agency to which the failing 
                        property belongs--
                                    ``(I) under which the public 
                                housing agency shall establish an 
                                action plan to restore the failing 
                                property to good condition; and
                                    ``(II) that provides--
                                            ``(aa) a timeline for 
                                        preserving the failing property 
                                        in a manner consistent with 
                                        subclauses (I) and (II) of 
                                        subparagraph (A)(ii); and
                                            ``(bb) a deadline by which 
                                        the failing property shall be 
                                        required to be restored in a 
                                        manner that qualifies the 
                                        applicable public housing 
                                        agency the public housing 
                                        inventory of which includes the 
                                        failing property, with respect 
                                        to the failing property, as 
                                        meeting a satisfactory standard 
                                        of performance under the 
                                        performance indicators;
                            ``(ii) notify the residents of the failing 
                        property of the timeline and deadline described 
                        in clause (i) by requiring the public housing 
                        agency to post a notice of the timeline and 
                        deadline on the internet website of the public 
                        housing agency, if applicable, and in each 
                        common area and at each entrance of the failing 
                        property; and
                            ``(iii) provide technical assistance and 
                        other resources to the public housing agency, 
                        including assistance and resources that--
                                    ``(I) prioritize preserving the 
                                failing property as public housing if 
                                it is financially feasible to bring the 
                                property into good condition;
                                    ``(II) minimize, to the greatest 
                                extent possible, the dislocation of 
                                tenants who wish to remain in the 
                                failing property;
                                    ``(III) provide housing vouchers to 
                                tenants who wish to relocate during the 
                                rehabilitation of the failing property, 
                                and pay for any associated moving 
                                costs;
                                    ``(IV) permit a tenant who 
                                relocated under subclause (III) to 
                                return to the failing property after 
                                the property has been restored to good 
                                condition, and pay for any associated 
                                moving costs; and
                                    ``(V) restore the failing property 
                                in a manner that qualifies the public 
                                housing agency, with respect to the 
                                failing property, as meeting a 
                                satisfactory standard of performance 
                                under the performance indicators and in 
                                accordance with the agreement entered 
                                into under clause (i).
                    ``(D) Complaint process.--The Secretary shall 
                establish a process by which residents of public 
                housing or a resident advisory board established under 
                section 5A(e) may submit to the Secretary a complaint 
                that provides that the public housing--
                            ``(i) is in a failing condition; and
                            ``(ii) does not meet the physical condition 
                        standards described in section 5.703 of title 
                        24, Code of Federal Regulations, or any 
                        successor regulation.
            ``(3) Private cause of action.--
                    ``(A) In general.--If the Secretary and an 
                applicable public housing agency fail to restore a 
                failing property included in the public housing 
                inventory of the applicable public housing agency to 
                good condition by the date that is 1 year after the 
                date on which the public housing agency establishes an 
                action plan relating to the failed property under 
                paragraph (2)(C), or, if an applicable public housing 
                agency makes an appeal or a petition under paragraph 
                (2)(B) and that appeal or petition is denied, not later 
                than 1 year after the date on which that appeal or 
                petition is denied, a resident of the failing property 
                may maintain an action against the Secretary in an 
                appropriate district court of the United States.
                    ``(B) Relief.--Upon proof that the Secretary and an 
                applicable public housing agency have failed to restore 
                a failing property to good condition by a preponderance 
                of the evidence in an action under subparagraph (A), 
                the court may award appropriate relief to the resident 
                of the failing property who brought the action, 
                including--
                            ``(i) injunctive relief to require the 
                        Secretary to restore the failing property to 
                        good condition;
                            ``(ii) compensatory damages;
                            ``(iii) the costs of suit; and
                            ``(iv) reasonable fees for any attorney and 
                        expert witness of the resident.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Capital Fund under section 9(d) of 
        the United States Housing Act of 1937 (42 U.S.C. 1437g(d)) 
        $70,000,000,000 to carry out this subsection.''.

SEC. 3. RECEIVERSHIP PROCESS.

    (a) Amendment to the United States Housing Act of 1937.--Section 
6(j)(3) of the United States Housing Act of 1937 (42 U.S.C. 
1437d(j)(3)) is amended by adding at the end the following:
    ``(I) Consultation With Public Housing Residents.--
            ``(i) In general.--If the Secretary (or an administrative 
        receiver appointed by the Secretary) takes possession of a 
        public housing agency (including all or part of any project or 
        program of the agency), or if a receiver is appointed by a 
        court, in carrying out the duties of the Secretary or receiver 
        under this paragraph, the Secretary or receiver shall consult 
        with the public housing residents of the public housing agency.
            ``(ii) Requirements.--The consultation conducted under 
        clause (i) shall include--
                    ``(I) providing notice to the residents of the 
                receivership, including the contact information for an 
                individual or entity that residents may contact for 
                maintenance requests and other property management 
                responsibilities and file complaints;
                    ``(II) holding 1 informational meeting for the 
                residents before the Secretary takes possession of the 
                public housing agency or another receiver is appointed; 
                and
                    ``(III) holding in-person meetings with the 
                residents on not less frequently than a monthly basis 
                regarding the receivership.
    ``(J) Purpose of Receivership Process.--The purpose of the 
receivership process under this paragraph is to--
            ``(i) preserve, without demolition or disposition, the 
        public housing of each public housing agency;
            ``(ii) preserve the health and safety of public housing 
        residents of the public housing agency; and
            ``(iii) minimize, to the greatest extent possible, the 
        dislocation of tenants who wish to remain in their dwelling 
        units.''.
    (b) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Housing and Urban Development shall revise 
any relevant regulation, policy, or guideline of the Department of 
Housing and Urban Development to conform with the amendment made by 
subsection (a).

SEC. 4. ABILITY OF CONSORTIA TO ENTER INTO SINGLE ANNUAL CONTRIBUTIONS 
              CONTRACTS.

    (a) In General.--Section 13(a) of the United States Housing Act of 
1937 (42 U.S.C. 1437k(a)) is amended by adding at the end the 
following:
            ``(4) Single annual contributions contracts.--
                    ``(A) In general.--On and after the date on which 
                the Secretary promulgates regulations under 
                subparagraph (B), subject to the approval of the 
                Secretary, each consortium described in paragraph (1) 
                may enter into a single annual contributions contract 
                under which the consortium--
                            ``(i) shall be a separate legal entity from 
                        each public housing agency participating in the 
                        consortium; and
                            ``(ii) shall be deemed a single public 
                        housing agency for purposes of this Act.
                    ``(B) Regulations.--Not later than 1 year after the 
                date of enactment of the Averting Crises in Housing 
                Assistance Act, the Secretary shall promulgate 
                regulations relating to requirements for any consortium 
                described in paragraph (1) desiring to enter into a 
                single annual contributions contract under subparagraph 
                (A) of this paragraph, including requirements relating 
                to obtaining the approval of the Secretary to enter 
                into such a single annual contributions contract under 
                that subparagraph.''.
    (b) Clerical Amendment.--Section 3(b)(6)(B)(i) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(b)(6)(B)(i)) is amended by 
striking ``consortia'' and inserting ``consortium''.
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