Bad Landlord Database Act of 2020

Bill: 116-s-3371
Sponsor: full_name: Sen. Hawley, Josh [R-MO]
Introduced: 2020-03-02
Policy area: Housing and Community Development
Subjects: Accounting and auditing

Civil actions and liability

Corporate finance and management

Fraud offenses and financial crimes

Government information and archives

Government studies and investigations

Housing and community development funding

Landlord and tenant

Public housing

Right of privacy
Latest action: action_date: 2020-03-02
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2020-03-02
action_desc: Introduced in Senate
text: <p><b>Bad Landlord Database Act of 2020</b></p> <p>This bill requires the Department of Housing and Urban Development to create a public database of property owners receiving housing choice voucher assistance for low-income tenants. This database must include, among other things, information regarding any violations by the property owner&nbsp;of certain&nbsp;housing quality standards and any litigation involving the property owner and housing choice voucher assistance. </p>

tv_txt: II 116th CONGRESS 2d Session S. 3371 IN THE SENATE OF THE UNITED STATES March 2, 2020 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to create a database of owners of properties receiving tenant-based assistance, and for other purposes.

1. Short title This Act may be cited as the Bad Landlord Database Act of 2020 . 2. Oversight of landlord compliance with housing quality standards Section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) is amended by adding at the end the following: (ee) Housing choice voucher landlord database (1) Establishment Not later than 1 year after the date of enactment of this subsection, the Secretary shall, in cooperation with all public housing agencies, create a database of owners of properties receiving tenant-based assistance, which shall include— (A) a comprehensive list of all properties owned by each owner that are receiving or have previously received tenant-based assistance; (B) for each property listed under subparagraph (A), the identity of any private individual or entity that has the legal right to lease or sublease dwelling units within the property; (C) a comprehensive list of all actions taken by the Secretary and any public housing agency against an owner for violations of the terms of a housing assistance payments contract related to the property or of the housing quality standards established under subsection (o)(8)(B); and (D) a comprehensive list of all previous or ongoing litigation related to the programs authorized under subsection (o) between the owner and any public housing agency. (2) Public disclosures (A) In general The Secretary shall maintain and make available to the public a list, using information from the database established under paragraph (1), of all owners of properties receiving tenant-based assistance, which shall include— (i) the identity of any private individual or entity that has the legal right to lease or sublease dwelling units within each property; (ii) all actions described to in paragraph (1)(C); and (iii) all litigation described in paragraph (1)(D). (B) Privacy Any information made available under subparagraph (A)— (i) shall be made available in a manner that protects the privacy of current and former tenants of the properties; and (ii) shall not include, and where appropriate shall redact, the addresses of the properties and dwelling units owned by the owners or other personally identifiable information of tenants. (3) Penalty Any property owner who knowingly provides misleading or inconsistent information to the Secretary or public housing agencies, or to units of general local government or other entities approved by the Secretary to conduct inspections under subsection (o)(11), relating to the database established under paragraph (1) with the intent to undermine transparency or avoid sanction, shall be guilty of a violation of section 1012 of title 18, United States Code, and shall be prohibited thereafter from being awarded any contract by the Federal Government. (4) Inspector General (A) Investigations The Inspector General of the Department of Housing and Urban Development may investigate any suspected or alleged effort by an owner to circumvent the data collection needs identified by the Secretary to carry out this subsection by providing misleading or inconsistent information. (B) Report Not later than 2 years after the date of enactment of this subsection, the Inspector General of the Department of Housing and Urban Development shall issue a report documenting obstacles to maintaining consistent records within the database established under paragraph (1), including— (i) deficiencies in information submissions by owners; (ii) inconsistent documentation by public housing agencies; and (iii) legal restructuring or renaming of ownership entities by owners with the intent to evade transparency. (5) Audits and assessments Not later than 2 years after the date of enactment of this subsection, the Secretary shall— (A) audit the performance of public housing agencies with the requirements under this subsection; and (B) update the section 8 management assessment program of the Department of Housing and Urban Development to consider compliance with the requirements under this subsection. .