Affordable Housing Protection Act

Affordable Housing Protection Act

This bill requires an owner receiving low-income housing assistance for a dwelling unit that becomes uninhabitable to temporarily lease, for the unit's resident, a habitable dwelling unit in another building while the uninhabitable unit is repaired.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5602 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5602

   To amend the United States Housing Act of 1937 to establish pass-
 through lease arrangements for uninhabitable dwelling units, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2018

 Mr. Sean Patrick Maloney of New York (for himself and Mr. Espaillat) 
 introduced the following bill; which was referred to the Committee on 
                           Financial Services

_______________________________________________________________________

                                 A BILL


 
   To amend the United States Housing Act of 1937 to establish pass-
 through lease arrangements for uninhabitable dwelling units, 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 ``Affordable Housing Protection Act''.

SEC. 2. PASS-THROUGH LEASE ARRANGEMENTS FOR UNINHABITABLE DWELLING 
              UNITS.

    Section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(c)) is amended by adding at the end the following new paragraph:
            ``(7) Pass-through lease arrangements.--
                    ``(A) In general.--Any owner of a covered dwelling 
                unit that was rendered uninhabitable shall, if approved 
                by the Secretary, temporarily lease a habitable 
                dwelling unit in another building for the covered 
                resident for the period during which such unit is 
                repaired.
                    ``(B) Guidance.--The Secretary shall issue guidance 
                establishing policies for a temporary lease arrangement 
                described in subparagraph (A), which shall include--
                            ``(i) a description of the process and the 
                        length of time allowed for identifying a 
                        habitable dwelling unit in another building; 
                        and
                            ``(ii) procedures if such a habitable 
                        dwelling unit is not available.
                    ``(C) Payments.--The following conditions shall 
                apply to a temporary lease arrangement described under 
                subparagraph (A):
                            ``(i) Owner payments.--The owner of a 
                        covered dwelling unit shall be responsible for 
                        ensuring that the owner of the unit temporarily 
                        leased receives monthly payments for rent.
                            ``(ii) Covered resident payments.--A 
                        covered resident residing in a unit temporarily 
                        leased shall make monthly payments for rent to 
                        the owner of the covered dwelling unit such 
                        covered resident previously occupied. Such 
                        payments may not exceed the maximum monthly 
                        rent established pursuant to the assistance 
                        contract.
                    ``(D) Repaired covered dwelling units.--Upon 
                completion of repairs to a covered dwelling unit that 
                was rendered uninhabitable, the owner of such unit 
                shall provide written notice to the covered resident 
                that such unit is habitable and that the covered 
                resident may choose to return to such unit. The owner 
                may not offer such unit to another eligible applicant 
                under this section unless--
                            ``(i) the covered resident chooses not to 
                        return to such unit; and
                            ``(ii) the owner terminates the temporary 
                        lease arrangement described in subparagraph 
                        (A).
                    ``(E) Application.--This paragraph shall apply to 
                the renewal of any assistance contract for project-
                based assistance under this section.
                    ``(F) Definitions.--In this paragraph:
                            ``(i) Covered dwelling unit.--The term 
                        `covered dwelling unit' means an existing 
                        dwelling unit that receives project-based 
                        assistance through an assistance contract under 
                        this section.
                            ``(ii) Covered resident.--The term `covered 
                        resident' means a resident of a covered 
                        dwelling unit before such unit was rendered 
                        uninhabitable.
                            ``(iii) Habitable dwelling unit.--The term 
                        `habitable dwelling unit' means a dwelling unit 
                        for which a third party inspector approved by 
                        the Secretary, has determined meets housing 
                        quality standards established under section 
                        6(f) or physical condition standards and 
                        physical inspection requirements under section 
                        200.855 of title 24, Code of Federal 
                        Regulations.''.
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