II 118th CONGRESS 2d Session S. 3871 IN THE SENATE OF THE UNITED STATES March 5, 2024 Mr. Fetterman (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a whole-home repairs program for eligible homeowners and eligible landlords, and for other purposes.

1. Short title This Act may be cited as the Whole-Home Repairs Act of 2024 . 2. Definitions In this Act: (1) Affordable unit The term affordable unit means a unit with a rental payment that is affordable to a tenant with an income at or below 80 percent of the area median income, as defined by the Secretary. (2) Eligible homeowner The term eligible homeowner means a homeowner— (A) with a household income that— (i) is not more than 80 percent of the area median income; (ii) is not more than 200 percent of the Federal poverty guidelines, as determined by the Secretary of Health and Human Services; or (iii) meets the income eligibility criteria of another program used by a Federal agency for programs focusing on families of limited means, as determined by the Secretary; and (B) who is— (i) an owner of record as evidenced by a publicly recorded deed and occupies the home on which repairs are to be conducted as their principal residence; (ii) an owner-occupant of the manufactured home on which repairs are to be conducted; or (iii) an equitable owner who can demonstrate an ownership interest in the property on which repairs are to be conducted, including a person who has inherited an interest in that property. (3) Eligible landlord The term eligible landlord means an individual— (A) who owns, as determined by the relevant implementing organization, fewer than 10 residential rental properties operated as a primary residence in which a majority ownership interest is held by the individual, the spouse of the individual, or the dependent children of the individual, or any closely held legal entity controlled by the individual, the spouse of the individual, or the dependent children of the individual, either individually or collectively; and (B) who agrees to the provisions described in section 3(c). (4) Eligible rental property The term eligible rental property is a residential property that is leased, or offered exclusively for lease, as a primary residence. (5) Forgivable loan The term forgivable loan means a loan— (A) made to an eligible landlord; (B) that is secured by a lien recorded against a residential property in a mortgage security; and (C) that shall be forgiven by the implementing organization not later than the date that is 3 years after the date on which the loan is made if the eligible landlord has maintained compliance with the loan agreement described in section 3(c). (6) Implementing organization The term implementing organization — (A) means a unit of local government or a State that will administer a whole-home repairs program through a State agency, department, or other State-level entity or enter into agreements with 1 or more local governments, municipal authorities, other governmental authorities, or qualified nonprofits to administer a whole-home repairs program as a sub-recipient; and (B) does not include a redundant entity in a jurisdiction already served by a grantee under section 3. (7) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (8) Qualified nonprofit The term qualified nonprofit means a nonprofit organization that has— (A) received funding, as a recipient or subrecipient, through— (i) the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); (ii) the HOME Investment Partnerships program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741 et seq. ); (iii) the Lead-Based Paint Hazard Reduction grant program under section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 ) or a grant under the Healthy Homes Initiative administered by the Secretary pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 , 1701z–2); (iv) the Self-Help and Assisted Homeownership Opportunity program authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 note); (v) a rural housing program under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ); (vi) the Neighborhood Reinvestment Corporation established under the Neighborhood Reinvestment Corporation Act ( 42 U.S.C. 8101 et seq. ); or (vii) any other program as determined by the Secretary; (B) coordinated, performed, or otherwise been engaged in weatherization, lead remediation, or home-repair work for not less than 2 years; or (C) been certified by the Environmental Protection Agency, or by a State authorized by the Environmental Protection Agency to administer a certification program, as— (i) eligible to carry out activities under the lead renovation, repair and painting program; or (ii) a Home Certification Organization under the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ) or the WaterSense program under section 324B of that Act ( 42 U.S.C. 6294b ), or recognized or otherwise approved by the Environmental Protection Agency as a Home Certification Organization under either of those programs. (9) Secretary The term Secretary means the Secretary of Housing and Urban Development. (10) State The term State means— (A) each State of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) any territory or possession of the United States; and (E) an Indian Tribe. (11) Whole-home repairs The term whole-home repairs means modifications, repairs, or updates to homeowner or renter-occupied units to address— (A) physical and sensory accessibility for individuals with disabilities and older adults, such as bathroom and kitchen modifications, installation of grab bars and handrails, guards and guardrails, lifting devices, ramp additions or repairs, sidewalk addition or repair, or doorway or hallway widening; (B) habitability and safety concerns, such as repairs needed to ensure residential units are fit for human habitation and free from defective conditions or health and safety hazards; (C) energy and water efficiency, resilience, and weatherization; or (D) other conditions as determined by the Secretary. 3. Pilot program (a) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to provide grants to implementing organizations to administer a whole-home repairs program for eligible homeowners and eligible landlords. (b) Use of funds An implementing organization that receives a grant under this section— (1) shall provide grants to eligible homeowners to implement whole-home repairs up to a maximum amount per unit, which maximum amount should— (A) reflect local construction costs; (B) be calculated by the implementing organization; and (C) be approved by the Secretary; (2) shall provide loans, which may be forgivable loans, to eligible landlords to implement whole-home repairs for individual units and for public and common use areas within the property up to a maximum amount per unit, which maximum amount should— (A) reflect local construction costs; (B) be calculated by the implementing organization; and (C) be approved by the Secretary; (3) shall provide layered subsidy review of, or provide assistance to eligible homeowners and eligible landlords in that review of, whole-home repair program funds provided under this section with Federal, State, and local home repair programs to provide the greatest benefit to the greatest number of eligible landlords and eligible homeowners and avoid redundancy; (4) may use not more than 10 percent of the awarded funds to carry out related functions, including workforce training, which shall be related to efforts to increase the number of home repairs performed and approved by the Secretary; (5) may use not more than 10 percent of the awarded funds for administrative expenses; and (6) shall comply with Federal accessibility requirements and standards under applicable Federal fair housing and civil rights laws and regulations, including section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (c) Loan agreement In a loan agreement with an eligible landlord under this section, an implementing organization shall include provisions establishing that the eligible landlord shall, for each eligible rental property for which a loan is used to fund repairs under this section— (1) offer to extend the lease of current tenants on current terms, other than the terms described in paragraph (4)(A), for not less than 3 years beginning after the completion of the repairs, unless the lease is terminated due to failure to pay rent, property damage, performance of an illegal act within the rental unit, a direct threat to the safety of the tenants, or a violation of an obligation of tenancy that the tenants failed to correct after notice; (2) provide documentation verifying that the property, upon completion of approved renovations, has met all applicable State and local housing and building codes; (3) attest that the landlord has no known serious violations of renter protections that have resulted in fines, penalties, or judgments during the preceding 10 years; (4) (A) cap annual rent increases for each assisted unit at 5 percent of base rent or inflation, whichever is lower; or (B) rent each assisted unit to tenants receiving tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), under another tenant-based rental assistance program administered by the Secretary or the Secretary of Agriculture, or under a tenant-based rental subsidy provided by a State or local government; (5) comply with Federal accessibility requirements and standards under applicable Federal fair housing and civil rights laws and regulations, including section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (6) ensure that— (A) all repairs funded or facilitated through an award under this section have been completed; (B) if repairs are not completed and the plan for whole-home repairs is not updated to reflect the new scope of work, that the loan or grant is repaid on a prorated basis based on completed work; and (C) any unused grant or loan balance is returned to the implementing organization. (d) Application (1) In general An implementing organization desiring an award under this section shall submit to the Secretary an application that includes— (A) the geographic scope of the whole-home repairs program to be administered by the implementing organization, including the plan to address need in any rural, suburban, or urban area within a jurisdiction; (B) a plan for selecting sub-recipients, if applicable; (C) how the implementing organization plans to execute the coordination of Federal, State, and local home repair programs, including programs administered by the Department of Energy or the Department of Agriculture, to increase efficiency and reduce redundancy; (D) available data on the need for affordable and quality housing, and any plans to preserve affordability through the term of the award; (E) how the implementing organization plans to process and verify applications for grants from eligible homeowners and applications for loans from eligible landlords; and (F) such other information as the Secretary requires to determine the ability of an applicant to carry out a program under this section. (2) Considerations In making awards under this section, the Secretary shall— (A) with respect to applications submitted by States other than the District of Columbia and the territories of the United States, prioritize those applications with a demonstrated plan to— (i) make a good faith effort to implement the pilot program in every jurisdiction; and (ii) provide non-metropolitan areas, or sub-recipients serving non-metropolitan areas if applicable, with a share of total funds commensurate to their population; (B) aim to select applicants so that the awardees collectively span diverse geographies, with an intent to understand the impact of the pilot program under this section in urban, suburban, rural, and Tribal settings; and (C) not disqualify implementing organizations that were awarded grants under the pilot program in prior application cycles. (e) Program information The Secretary shall make available to grant recipients under this section information regarding existing Federal programs for which grant recipients may coordinate or provide assistance in coordinating applications for those programs in accordance with subsection (b)(3). (f) Grant number In each year in which an award is made under this section, the Secretary shall award assistance to— (1) not less than 2, and not more than 10, implementing organizations, as application numbers and funding permit; and (2) not more than 1 implementing organization in any State. (g) Loans that are not forgiven If a loan made by an implementing organization under subsection (b)(2) is not forgiven, the loan repayment funds may be reused by the implementing organization for a new whole-home repair grant or loan under this section. (h) Supplement, not supplant Amounts awarded under this section to implementing organizations shall supplement, not supplant, other Federal, State, and local funds made available to those entities. (i) Streamlining program delivery and ensuring efficiency To the extent possible, in carrying out the pilot program under this section, the Secretary shall— (1) endeavor to improve efficiency of service delivery, as well as the experience of and impact on the taxpayer, by encouraging programmatic collaboration and information sharing across Federal, State, and local programs for home repair or improvement, including programs administered by the Department of the Agriculture; and (2) enhance collaboration and cross-agency streamlining efforts that reduce the burdens of multiple income verification processes and applications on the eligible homeowner, the eligible landlord, the implementing organization, and the Federal Government, including by establishing assistance application procedures for income eligibility under this Act that recognize income eligibility determinations for assistance using any of the criteria under section 2(2)(A) that have been used for assistance applications during the 1-year period preceding the date on which an eligible homeowner or eligible landlord applies for assistance under this Act. (j) Reporting requirements (1) Annual report An implementing organization that receives a grant under this section shall submit to the Secretary an annual report that includes— (A) the number of units served, including reporting on both homeownership and rental units; (B) the average cost per unit for modifications or repairs and the nature of those modifications or repairs, including reporting on both homes and rental units; (C) the number of applications received, served, denied, or not completed; (D) the aggregated demographic data of grant recipients, which may include data on income range, urban suburban, and rural residency, age, and racial and ethnic identity; (E) the aggregated demographic data of loan recipients, which may include data on income range, urban suburban, and rural residency, age, and racial and ethnic identity; (F) in the first year of receiving a grant, and as certified in subsequent reports, a comprehensive plan to prevent waste, fraud, and abuse in the administration of the pilot program, which shall include, at a minimum— (i) a policy enacted and enforced by the implementing organization to monitor ongoing expenditures under this title and ensure compliance with applicable regulations, including compliance with Federal accessibility requirements; (ii) a policy enacted and enforced by the implementing organization to detect and deter fraudulent activity, including fraud occurring in individual projects and patterns of fraud by parties involved in the expenditure of funds under this section; (iii) a statement setting forth any violations detected by the implementing organization during the previous calendar year, including details about steps taken to achieve compliance and any remedial measures; and (iv) a certification by the chief executive or most senior compliance officer of the organization that the organization maintains sufficient staff and resources to effectively carry out the above-mentioned policies; and (G) such other information as the Secretary may require. (2) Reporting requirement alignment To limit the costs of implementing the pilot program under this section, the Secretary shall endeavor, to the extent possible, to structure reporting requirements such that they align with the data reporting requirements in place for funding streams that implementing organizations are likely to use in partnership with funding from this section, including the reporting requirements under— (A) the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); (B) the HOME Investment Partnerships program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741 et seq. ); (C) the Weatherization Assistance Program for low-income persons established under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq. ); and (D) the Native American Housing Assistance and Self-determination Act of 1996 ( 25 U.S.C. 4101 et seq. ). (3) Pilot program period reports Not less frequently than twice during the period in which the pilot program established under this section operates, the Office of the Inspector General of the Department of Housing and Urban Development shall complete an assessment of the implementation of measures to ensure the fair and legitimate use of the pilot program. (4) Summary to Congress 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 an annual report providing a summary of the data provided under paragraphs (1) and (3) during the 1-year period preceding the report and all data previously provided under those paragraphs. (k) Funding The Secretary is authorized to use up to $25,000,000 of funds made available as provided in appropriations Acts for programs administered by the Office of Lead Hazard Control and Healthy Housing to carry out the pilot program under this section. (l) Termination The pilot program established under this section shall terminate on October 1, 2029.