Tenants' Right to Organize Act
This bill provides for the right of tenants who receive certain rental assistance to establish, operate, and participate in a tenant organization.
Specifically, tenants who participate in Housing Choice Voucher (i.e., Section 8 tenant-based housing assistance) or Low-Income Housing Tax Credit programs administered by the Department of Housing and Urban Development have the right to engage in a tenant organization to address issues related to their living environment and participate in community development activities.
Public housing agencies and unit owners are required to recognize tenant organizations and allow tenants to conduct protected activities, including distributing leaflets, initiating tenant contact, and convening meetings in the building.
A public housing agency or building owner may not require prior permission for any of these activities. Further, these entities may not retaliate against a tenant for participating in a tenant organization.
The bill also provides grants for state and local organizations for training and outreach with respect to tenant organization capacity building and technical assistance.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9587 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9587
To promote the establishment of resident organizations and provide
additional amounts for tenant organizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2022
Mr. Levin of Michigan introduced the following bill; which was referred
to the Committee on Financial Services, and in addition to the
Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To promote the establishment of resident organizations and provide
additional amounts for tenant organizations, 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 ``Tenants' Right to Organize Act''.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that tenants receiving tenant-based
rental assistance have the right to ``decent, safe, stable and sanitary
housing''.
SEC. 3. HOUSING CHOICE VOUCHER TENANT ORGANIZATIONS.
Section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) is amended by adding at the end the following:
``(22) Right to organize.--
``(A) In general.--Tenants receiving tenant-based
rental assistance have the right to establish, operate,
and participate in a resident organization for the
purpose of addressing issues related to their living
environment, which includes the terms and conditions of
their tenancy as well as activities related to housing
and community development and may not be retaliated
against for asserting these rights.
``(B) Required engagement.--
``(i) Public housing agencies.--Each public
housing agency shall--
``(I) recognize legitimate resident
organizations;
``(II) solicit comments from all
resident organizations not less than
once each year; and
``(III) not later than 60 days
after receiving a comment from a
resident organization, meaningfully
respond in writing to such comment.
``(ii) Owners of units.--Each owner--
``(I) shall recognize legitimate
resident organizations; and
``(II) may not retaliate with
respect to any tenant because of their
association with a legitimate resident
organization.
``(C) Protections.--
``(i) In general.--Each public housing
agency and each owner may not interfere with
the right of tenants to establish and operate a
tenant organization.
``(ii) Protected activities.--Each public
housing agency and each owner shall allow
tenants and tenant organizers to conduct the
following activities related to the
establishment or operation of a tenant
organization:
``(I) Distributing leaflets in
lobby areas.
``(II) Placing leaflets at or under
tenants' doors.
``(III) Distributing leaflets in
common areas.
``(IV) Initiating contact with
tenants.
``(V) Conducting door-to-door
surveys of tenants to ascertain
interest in establishing a tenant
organization and to offer information
about tenant organizations.
``(VI) Posting information on
bulletin boards.
``(VII) Assisting tenants to
participate in tenant organization
activities.
``(VIII) Convening regularly
scheduled tenant organization meetings
in a space on site and accessible to
tenants, in a manner that is fully
independent of management
representatives. In order to preserve
the independence of tenant
organizations, management
representatives may not attend such
meetings unless invited by the tenant
organization to specific meetings to
discuss a specific issue or issues.
``(iii) Permission.--A public housing
agency or owner may not require tenants or
tenant organizers to obtain prior permission
before engaging in the activities permitted
under this paragraph.
``(iv) Presumption.--If a public housing
agency or owner takes an adverse action against
a tenant that is a member of a tenant
organization there shall be a rebuttable
presumption that such adverse action is an act
of retaliation relating to the participation of
the tenant in the tenant organization.
``(D) Enforcement protocol.--
``(i) In general.--The Secretary shall, not
later than 1 year after the date of the
enactment of this paragraph, establish a
protocol for the enforcement of this paragraph
and such protocol shall--
``(I) include an independent
investigation of tenant and advocate
allegations of abuse and retaliation;
``(II) provide a mechanism for
administrative complaints to be made
and cataloged;
``(III) keep tenants informed about
the progression of any complaint;
``(IV) prohibit the withholding of
tenant-based rental assistance from any
tenant that makes a complaint, until
such complaint is closed; and
``(V) provide confidentiality where
necessary, including in cases where
alleged abuse is extreme and targeted.
``(ii) Report.--The Secretary shall, each
quarter submit to Committee on Financial
Services of the House of Representatives and
the Committee on Banking, Housing, and Urban
Affairs, a report with respect to the
enforcement of this paragraph that--
``(I) provides all data at both the
property-level and jurisdiction-level;
and
``(II) includes information with
respect to--
``(aa) the volume of
outstanding complaints;
``(bb) the average response
time for initial complaint; and
``(cc) the average time it
takes to close a complaint.
``(iii) Authorization of appropriations.--
There are authorized to be appropriated, to the
Secretary, such sums as are necessary to carry
out this paragraph.
``(E) Notice of right to organize.--
``(i) In general.--Each public housing
agency shall notify each tenant receiving
tenant-based rental assistance of the right to
organize described in subparagraph (A) annually
during the recertification process.
``(ii) Tenancy addendum.--The Secretary
shall update the most recent Tenancy Addendum
for the Section 8 Tenant-Based Assistance
Housing Choice Voucher Program to describe the
right to organize provided for in this
subsection.
``(F) Definitions.--In this paragraph:
``(i) Tenant organizer.--The term `tenant
organizer' means a tenant or non-tenant who
assists tenants in establishing and operating a
tenant organization, and who is not an employee
or representative of current or prospective
owners, managers, or their agents.
``(ii) Legitimate tenant organization.--The
term `legitimate tenant organization' means an
organization of 3 more tenants receiving
tenant-based rental assistance that has been
established for the purpose described in
subparagraph (A).
``(iii) Owner.--The term owner means a
person who owns a dwelling unit occupied by a
tenant that receives rental assistance.''.
SEC. 4. LIHTC TENANT ORGANIZATIONS.
(a) In General.--Section 42(g) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(10) LIHTC tenant organizations.--
``(A) Rights of tenants.--Tenants of rent-
restricted units in any qualified low-income housing
project shall have the same right as tenants described
in section 8(o)(22)(A) of the United States Housing Act
of 1937.
``(B) Responsibilities of owners and state housing
credit agencies.--A project shall not be treated as a
qualified low-income housing project for purposes of
this section unless--
``(i) each owner of such project meets
requirements which are the same as the
requirements of subparagraphs (B)(ii) and (C)
of section 8(o)(22) of the United States
Housing Act of 1937, and
``(ii) each State housing credit agency
meets requirements which are the same as the
requirements of subparagraph (B)(i) and (C) of
such section.
``(C) Enforcement protocol.--The Secretary, after
consultation with the Secretary of Housing and Urban
Development, shall--
``(i) establish a protocol for the
enforcement of this paragraph which is the same
as the protocol established under section
8(o)(22)(D)(i) of the United States Housing Act
of 1937, except that, for purposes of this
subparagraph, the reference in such section to
`tenant-based rental assistance' shall be
treated as a reference to the right of the
tenant to occupy a rent-restricted unit and to
any other right or privilege required to be
provided to such tenant as a condition of the
project being treated as a qualified low-income
housing project, and
``(ii) submit each quarter to the Committee
on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate a report containing the information
described in section 8(o)(22)(D)(ii) of the
United States Housing Act of 1937 with respect
to the enforcement of this paragraph with
respect to qualified low-income housing
projects.
``(D) Notice of right to organize.--Each State
housing credit agency shall annually notify each owner
and tenant of a rent-restricted unit of a qualified
low-income housing project of the right to organize
referred to in subparagraph (A).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 5. FUNDING FOR TENANT AND OTHER PARTICIPATION AND CAPACITY
BUILDING.
Paragraph (3) of section 514(f) of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is
amended--
(1) in subparagraph (A)--
(A) in the first sentence--
(i) by striking ``not more than'' and
inserting ``not less than'';
(ii) by striking ``of low-income housing
for which project-based rental assistance is
provided at below market rent levels and may
not be renewed, (including transfer of
developments to tenant groups, nonprofit
organizations, and public entities), for tenant
services'' and inserting the following: ``and
improvement of low-income housing for which
project-based rental assistance, public housing
subsidies, low-income housing tax credits,
Federal or State subsidized loans, enhanced
vouchers under section 8(t), or project-based
vouchers under section 8(o) are provided or
proposed''; and
(iii) in the second parenthetical clause,
by inserting before the closing parenthesis the
following: ``, and predevelopment assistance to
enable such transfers''; and
(B) by inserting after the period at the end the
following: ``For outreach and training of tenants and
technical assistance, the Secretary shall implement a
grant program utilizing performance-based outcome
measures for eligible costs incurred. Recipients
providing capacity building or technical assistance
services to tenant groups shall be qualified nonprofit
State-wide, countywide, area-wide, or city-wide
organizations with demonstrated experience including at
least a two-year recent track record of organizing and
providing assistance to tenants, and independence from
the owner, a prospective purchaser, or their managing
agents. The Secretary may provide assistance and
training to grantees in administrative and fiscal
management to ensure compliance with applicable Federal
requirements. The Secretary shall expedite the
provision of funding for the fiscal year in which the
date of the enactment of this Act occurs and by
entering into an interagency agreement for not less
than $1,000,000 with the Corporation for National and
Community Service to conduct a tenant outreach and
training program to eligible housing under this
subsection. The Secretary shall also make available
flexible grants to qualified nonprofit organizations
that do not own eligible multifamily properties, for
tenant outreach in underserved areas, and to
experienced national or regional nonprofit
organizations to provide specialized training or
support to grantees assisted under this section.
Notwithstanding any other provision of law, funds
authorized under this paragraph for any fiscal year
shall be available for obligation in subsequent fiscal
years. The Secretary shall require each recipient of
amounts made available pursuant to this subparagraph to
submit to the Secretary reports, on a quarterly basis,
detailing the use of such funds and including such
information as the Secretary shall require.''.
SEC. 6. CLARIFICATION OF TENANT PARTICIPATION IN MULTI-FAMILY PROJECTS.
Section 202(a) of the Housing and Community Development Amendments
of 1978 (12 U.S.C. 1715z-1b(a)) is amended by striking ``under 147f of
title 42'' and inserting ``under section 147f of title 42, including a
project assisted under section 8(o)(13) of the Housing Act of 1937''.
SEC. 7. RULEMAKING.
The Secretary of Housing and Urban Development shall, not later
than 1 year after the date of the enactment of this section, issue a
rule revising section 964.150 of title 24, Code of Federal Regulations,
to permit housing agencies to fund $25 per unit per year for units
represented by duly elected resident councils for resident services.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Financial Services, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Financial Services, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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