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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5827 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5827
To promote the establishment of resident organizations and provide
additional amounts for tenant organizations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2023
Mrs. Ramirez (for herself, Ms. Tlaib, Ms. Pressley, Mr. Gomez, Mr.
Casar, Mr. Bowman, Ms. Crockett, Ms. Schakowsky, Ms. Lee of California,
Ms. Norton, and Ms. Ocasio-Cortez) 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 all members of a household
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:
``(23) 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 tenant
organizations;
``(II) solicit comments from all
legitimate tenant organizations not
less than once each year; and
``(III) not later than 60 days
after receiving a comment from a
legitimate tenant 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
legitimate 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 legitimate
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.
``(IX) Other reasonable activities
related to the establishment or
operation of a tenant organization.
``(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 regularly
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) Delegation.--In developing the
enforcement protocol under clause (i), the
Secretary may use subcontractors to preform
enforcement activities.
``(iii) Report.--The Secretary shall each
quarter submit to the 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.
``(iv) 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)(23)(A) of the United States Housing Act
of 1937.
``(B) Responsibilities of owners.--
``(i) Each owner of qualified low-income
housing project must meet the requirements in
subparagraphs (B)(ii) and (C) of section
8(o)(23) of the United States Housing Act of
1937.
``(ii) If an owner fails to meet the
requirements referred to in clause (i) with
respect to any qualified low-income housing
project, the credits allowed under this section
with respect to such project shall be
disallowed or recaptured in an amount that is
proportionate to the violation, as determined
by the Secretary, but in no case less than 5
percent of the credits claimed during the
taxable year during which the violation
occurred.
``(iii) In the case of any failure referred
to in clause (ii) that occurs after the
expiration of the project's compliance period
(as determined under subsection (i)(1)), the
Secretary shall levy fines in accordance with a
schedule determined by the Secretary that shall
establish fines of not less than $500 per day
for each day after the end of the correction
period established by the Secretary. The
Secretary shall establish such schedule not
later than 120 days after the date of the
enactment of this Act. The Secretary may
delegate its duty to levy fines to the State
housing credit agencies.
``(C) Responsibilities of state housing agencies.--
``(i) Each State housing credit agency must
meet the requirements which are the same as the
requirements of subparagraphs (B)(i) and (C) of
section 8(o)(23) of the United States Housing
Act of 1937.
``(ii) If a State housing credit agency
fails to meet the requirements referred to in
clause (i), there shall be a reduction in the
State housing credit agency's State housing
credit ceiling (as calculated under subsection
(h)(3)(C)) during the calendar year following a
violation in an amount determined by the
Secretary.
``(D) Establishment of private right to action.--
Individuals who meet the income limitation applicable
to the building under this subsection (whether
prospective, present, or former occupants of the
building) may file an action at law or in equity, in
Federal or State court, including for injunctive
relief, to enforce the various provisions of this
section.
``(E) 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)(23)(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)(23)(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.
``(F) 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
statewide, 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 section
1437f of title 42'' and inserting ``under section 1437f 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.
SEC. 8. SURVEY.
(a) In General.--The Secretary of Housing and Urban Development
shall, not later than 1 year after the date of the enactment of this
section, develop a resident survey protocol based on the National
Standards for the Physical Inspection of Real Estate, that is designed
to collect insights on resident experiences with the inspection
process.
(b) Use of Information.--Information collected through the survey
protocol developed pursuant to subsection (a) shall be used to--
(1) identify inspection-related challenges for residents;
(2) improve the satisfaction of residents with respect to
their housing conditions;
(3) ensure resident voices are heard; and
(4) provide quality control.
<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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