HEIRS Act of 2024

Bill: 118-s-4899
Sponsor: full_name: Sen. Butler, Laphonza R. [D-CA]
Introduced: 2024-07-31
Policy area: Housing and Community Development
Latest action: action_date: 2024-07-31
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4899 IN THE SENATE OF THE UNITED STATES July 31, 2024 Ms. Butler introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a grant program for States that adopt the Uniform Partition of Heirs Property Act, and for other purposes.

1. Short title This Act may be cited as the Heirs Estate Inheritance Resolution and Succession Act of 2024 or the HEIRS Act of 2024 . 2. Grants for eligible entities that adopt the Uniform Partition of Heirs Property Act (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State or unit of general local government, as those terms are defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ); (B) a territory; or (C) a Tribal government. (2) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Grant program Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program that provides amounts to eligible entities that have enacted or adopted the Uniform Partition of Heirs Property Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 2010 or a similar law that the Secretary determines is a substantial equivalent. (c) Use of amounts (1) In general An eligible entity that receives a grant under this section shall use the grant amounts to assist residents of the eligible entity with bona fide expenses relating to establishing and documenting property ownership rights or settling a decedent’s estate, including— (A) fees and costs related to— (i) obtaining title reports and title abstracts, copies of public records, and land surveys; (ii) estate planning; or (iii) heirs search or tracing services; (B) recording and filing fees; (C) notary fees; and (D) legal fees and expenses. (2) Layering of assistance An eligible entity that receives a grant under this section may use the grant amounts to assist residents of the eligible entity who are receiving assistance from other sources, including Federal, State, local, private, public, and nonprofit sources. (d) Regulations and criteria for selection Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out this section that include criteria for the selection of grant recipients. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary $30,000,000 for each of year fiscal years 2025 through 2035 to carry out this section. 3. Grants to provide assistance relating to heirs’ property resolution (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a HUD-approved housing counseling agency; (B) a legal services clinic operated by an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or (C) a qualifying nonprofit. (2) Heirs’ property The term heirs’ property means residential property— (A) for which title passed by operation of law through intestacy; and (B) that is held by 2 or more heirs as tenants in common. (3) HUD-approved housing counseling agency The term HUD-approved housing counseling agency means a housing counseling agency found eligible to receive assistance by the Secretary under section 106(a)(2) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(a)(2) ). (4) Low- or moderate-income person (A) In general Except as provided in subparagraph (B), the term low- or moderate-income person means a homeowner whose household income does not exceed 120 percent of the median income for the area, as determined by the Secretary, within which— (i) the heirs’ property which respect to which the homeowner is seeking assistance is located; or (ii) the place of residence of the homeowner is located. (B) Exception With respect to an area described in subparagraph (A) that is a high-cost area, as determined by the Secretary, the term low- or moderate-income person means a homeowner whose household income does not exceed 140 percent of the median income for the area, as determined by the Secretary. (5) Qualifying nonprofit The term qualifying nonprofit means a nonprofit, mission-driven entity that, as determined by the Secretary— (A) has a track record of providing assistance to homeowners; (B) targets services to minority persons and low- or moderate-income persons; or (C) provides services in neighborhoods that have a high concentration of— (i) minority persons; and (ii) low- or moderate-income persons. (6) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Grant program The Secretary shall carry out a program under this section to provide grants to eligible entities to use to provide housing counseling, legal assistance, and financial assistance related to title clearing and home retention efforts for owners of heirs’ property. (c) Awards The Secretary shall consider the following when awarding grants under this section: (1) Whether the eligible entity has a proven track record of— (A) providing assistance to homeowners; (B) targeting services to minority persons and low- or moderate-income persons; and (C) providing services in neighborhoods that have a high concentration of— (i) minority persons; and (ii) low- or moderate-income persons. (2) Whether the eligible entity has planned or existing partnerships with other eligible entities. (3) Whether the eligible entity is located in an area with a high number of owners of heirs’ property, as determined by the Secretary. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary, for grants under this section, $10,000,000 for each of fiscal years 2025 through 2029. 4. Heirs’ property housing counseling Section 106(g) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(g) ) is amended by adding at the end the following: (6) Counseling with respect to heirs’ property (A) In general A nonprofit organization that receives amounts under this section shall, when providing homeownership counseling services to a consumer— (i) explain to the consumer what heirs’ property is, the risks associated with heirs’ property, and how to avoid heirs’ property issues; and (ii) inform the consumer of all available estate planning and title clearing options, assistance, and services, including those offered under sections 2 and 3 of the Heirs Estate Inheritance Resolution and Succession Act of 2024 . (B) Referral The Secretary shall ensure that each nonprofit organization that receives amounts under this section knows how to refer consumers, where appropriate, to mission-driven nonprofit organizations and legal services clinics operated by institutions of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), that are capable of assisting a consumer to clear title and with general estate planning. (C) Definition of heirs’ property For purposes of this paragraph, the term heirs’ property means residential property— (i) for which title passed by operation of law through intestacy; and (ii) that is held by 2 or more heirs as tenants in common. .