Housing Fairness Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 68 To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Mr. GREEN of Texas introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Veterans, Women, 4 Families with Children, Race, and Persons with Disabil- 5 ities Housing Fairness Act of 2021’’ or the ‘‘Housing 6 Fairness Act of 2021’’. 7 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 68 IH SEC. 2. TESTING FOR DISCRIMINATION. 1 (a) IN GENERAL.—The Secretary of Housing and 2 Urban Development shall conduct a nationwide program 3 of testing to— 4 (1) detect and document differences in the 5 treatment of persons seeking to rent or purchase 6 housing or obtain or refinance a home mortgage 7 loan, and measure patterns of adverse treatment be- 8 cause of the race, color, religion, sex, familial status, 9 disability status, or national origin of a renter, home 10 buyer, or borrower; and 11 (2) measure the prevalence of such discrimina- 12 tory practices across the housing and mortgage lend- 13 ing markets as a whole. 14 (b) ADMINISTRATION.—The Secretary of Housing 15 and Urban Development shall enter into agreements with 16 qualified fair housing enforcement organizations, as such 17 organizations are defined under subsection (h) of section 18 561 of the Housing and Community Development Act of 19 1987 (42 U.S.C. 3616a(h)), for the purpose of conducting 20 the testing required under subsection (a). 21 (c) PROGRAM REQUIREMENTS.—The Secretary 22 shall— 23 (1) submit to the Congress an evaluation by the 24 Secretary of the effectiveness of the program under 25 this section; and 26 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 68 IH (2) issue regulations that require each applica- 1 tion for the program under this section to contain— 2 (A) a description of the assisted activities 3 proposed to be undertaken by the applicant; 4 (B) a description of the experience of the 5 applicant in formulating or carrying out pro- 6 grams to carry out the activities described in 7 subsection (a); and 8 (C) a description of proposed procedures to 9 be used by the applicant for evaluating the re- 10 sults of the activities proposed to be carried out 11 under the program. 12 (d) REPORT.—The Secretary of Housing and Urban 13 Development shall report to Congress— 14 (1) on a biennial basis, the aggregate outcomes 15 of testing required under subsection (a) along with 16 any recommendations or proposals for legislative or 17 administrative action to address any issues raised by 18 such testing; and 19 (2) on an annual basis, a detailed summary of 20 the messages received by the Office of Fair Housing 21 and Equal Opportunity of the Department through 22 its 24-hour toll-free telephone hotline, through elec- 23 tronic mail, and through its website. 24 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 68 IH The Secretary may submit the reports required under 1 paragraph (1) of this subsection as part of the reports 2 prepared in accordance with paragraphs (2) and (6) of 3 section 808(e) of the Fair Housing Act (42 U.S.C. 4 3608(e)) and section 561(j) of the Housing and Commu- 5 nity Development Act of 1987 (42 U.S.C. 3616a(j)). 6 (e) USE OF RESULTS.—The results of any testing re- 7 quired under subsection (a) may be used as the basis for 8 the Secretary, or any Federal agency authorized to bring 9 such an enforcement action, or any State or local govern- 10 ment or agency, public or private nonprofit organization 11 or institution, or other public or private entity that the 12 Secretary has entered into a contract or cooperative agree- 13 ment with under section 561 of the Housing and Commu- 14 nity Development Act of 1987 (42 U.S.C. 3616a) to com- 15 mence, undertake, or pursue any investigation or enforce- 16 ment action to remedy any discriminatory housing practice 17 (as such term is defined in section 802 of the Fair Hous- 18 ing Act (42 U.S.C. 3602)) uncovered as a result of such 19 testing. 20 (f) DEFINITIONS.—As used in this section: 21 (1) DISABILITY STATUS.—The term ‘‘disability 22 status’’ has the same meaning given the term 23 ‘‘handicap’’ in section 802 of the Civil Rights Act of 24 1968 (42 U.S.C. 3602). 25 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 68 IH (2) FAMILIAL STATUS.—The term ‘‘familial sta- 1 tus’’ has the same meaning given that term in sec- 2 tion 802 of the Civil Rights Act of 1968 (42 U.S.C. 3 3602). 4 (g) RELATIONSHIP TO OTHER LAWS.—Nothing in 5 this section may be construed to amend, alter, or affect 6 any provision of criminal law or the Truth in Lending Act 7 (15 U.S.C. 1601 et seq.). 8 (h) REGULATIONS.—Not later than the expiration of 9 the 180-day period beginning on the date of the enactment 10 of this Act, the Secretary of Housing and Urban Develop- 11 ment shall issue regulations that establish minimum 12 standards for the training of testers of organizations con- 13 ducting testing required under subsection (a). Such regu- 14 lations shall serve as the basis of an evaluation of such 15 testers, which shall be developed by the Secretary, and 16 such regulations shall be issued after notice and an oppor- 17 tunity for public comment in accordance with the proce- 18 dure under section 553 of title 5, United States Code, ap- 19 plicable to substantive rules (notwithstanding subsections 20 (a)(2), (b)(3)(B), and (d)(3) of such section). 21 (i) AUTHORIZATION OF APPROPRIATIONS.—There 22 are authorized to be appropriated to carry out the provi- 23 sions of this section $15,000,000 for each of fiscal years 24 2021 through 2025. 25 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 68 IH SEC. 3. INCREASE IN FUNDING FOR THE FAIR HOUSING INI- 1 TIATIVES PROGRAM. 2 (a) IN GENERAL.—Section 561 of the Housing and 3 Community Development Act of 1987 (42 U.S.C. 3616a) 4 is amended— 5 (1) in subsection (b)— 6 (A) in paragraph (1), by inserting ‘‘quali- 7 fied’’ before ‘‘private nonprofit fair housing en- 8 forcement organizations,’’; and 9 (B) in paragraph (2), by inserting ‘‘quali- 10 fied’’ before ‘‘private nonprofit fair housing en- 11 forcement organizations,’’; 12 (2) by striking subsection (g) and inserting the 13 following: 14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 15 ‘‘(1) IN GENERAL.—There are authorized to be 16 appropriated to carry out the provisions of this sec- 17 tion $42,500,000 for each of fiscal years 2021 18 through 2025, of which— 19 ‘‘(A) not less than 75 percent of such 20 amounts shall be for private enforcement initia- 21 tives authorized under subsection (b); 22 ‘‘(B) not more than 10 percent of such 23 amounts shall be for education and outreach 24 programs under subsection (d); and 25 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 68 IH ‘‘(C) any remaining amounts shall be used 1 for program activities authorized under this sec- 2 tion. 3 ‘‘(2) AVAILABILITY.—Any amount appropriated 4 under this section shall remain available until ex- 5 pended to carry out the provisions of this section.’’; 6 (3) in subsection (h), in the matter following 7 subparagraph (C), by inserting ‘‘and meets the cri- 8 teria described in subparagraphs (A) and (C)’’ after 9 ‘‘subparagraph (B)’’; and 10 (4) in subsection (d)— 11 (A) in paragraph (1)— 12 (i) in subparagraph (C), by striking 13 ‘‘and’’ at the end; 14 (ii) in subparagraph (D), by striking 15 the period and inserting ‘‘; and’’; and 16 (iii) by adding after subparagraph (D) 17 the following new subparagraph: 18 ‘‘(E) websites and other media outlets.’’; 19 (B) in paragraph (2), by striking ‘‘or other 20 public or private entities’’ and inserting ‘‘or 21 other public or private nonprofit entities’’; and 22 (C) in paragraph (3), by striking ‘‘or other 23 public or private entities’’ and inserting ‘‘or 24 other public or private nonprofit entities’’. 25 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 68 IH (b) REGULATIONS.—Not later than the expiration of 1 the 180-day period beginning on the date of the enactment 2 of this Act, the Secretary of Housing and Urban Develop- 3 ment shall issue regulations that establish minimum 4 standards for the training of testers of organizations fund- 5 ed with any amounts made available to carry out this sec- 6 tion for any of fiscal years 2021 through 2025. Such regu- 7 lations shall serve as the basis of an evaluation of such 8 testers, which shall be developed by the Secretary, and 9 shall be issued after notice and an opportunity for public 10 comment in accordance with the procedure under section 11 553 of title 5, United States Code, applicable to sub- 12 stantive rules (notwithstanding subsections (a)(2), 13 (b)(3)(B), and (d)(3) of such section). 14 SEC. 4. SENSE OF CONGRESS. 15 It is the sense of Congress that the Secretary of 16 Housing and Urban Development should— 17 (1) fully comply with the requirements of sec- 18 tion 561(d) of the Housing and Community Develop- 19 ment Act of 1987 (42 U.S.C. 3616a(d)) to establish, 20 design, and maintain a national education and out- 21 reach program to provide a centralized, coordinated 22 effort for the development and dissemination of the 23 fair housing rights of individuals who seek to rent, 24 purchase, sell, or facilitate the sale of a home; 25 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 68 IH (2) expend for such education and outreach 1 programs all amounts appropriated for such pro- 2 grams; 3 (3) promulgate regulations regarding the fair 4 housing obligations of each recipient of Federal 5 housing and community development funds to af- 6 firmatively further fair housing, as that term is de- 7 fined under title VIII of the Civil Rights Act of 8 1968 (42 U.S.C. 3601 et seq.); and 9 (4) fully comply with the requirements of sec- 10 tion 810(a) of the Fair Housing Act (42 U.S.C. 11 3610(a)). 12 SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING 13 DISCRIMINATION. 14 (a) GRANT PROGRAM.—The Secretary of Housing 15 and Urban Development shall carry out a competitive 16 matching grant program to assist public and private non- 17 profit organizations in— 18 (1) conducting comprehensive studies that ex- 19 amine— 20 (A) the causes of housing discrimination 21 and segregation; 22 (B) the effects of housing discrimination 23 and segregation on education, poverty, and eco- 24 nomic development; or 25 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 68 IH (C) the incidences, causes, and effects of 1 housing discrimination and segregation on vet- 2 erans and military personnel; and 3 (2) implementing pilot projects that test solu- 4 tions that will help prevent or alleviate housing dis- 5 crimination and segregation. 6 (b) ELIGIBILITY.—To be eligible to receive a grant 7 under this section, a public or private nonprofit organiza- 8 tion shall— 9 (1) submit an application to the Secretary of 10 Housing and Urban Development, containing such 11 information as the Secretary shall require; 12 (2) agree to provide matching non-Federal 13 funds for 50 percent of the total amount of the 14 grant, which matching funds may include items do- 15 nated on an in-kind contribution basis; and 16 (3) meet the requirements of a qualified fair 17 housing enforcement organization, as such term is 18 defined in section 561(h) of the Housing and Com- 19 munity Development Act of 1987 (42 U.S.C. 20 3616a(h)), or subcontract with a qualified fair hous- 21 ing enforcement organization as a primary subcon- 22 tractor. 23 (c) REPORT.—The Secretary of Housing and Urban 24 Development shall submit a report to the Congress on a 25 VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 68 IH biennial basis that provides a detailed summary of the re- 1 sults of the comprehensive studies and pilot projects car- 2 ried out under subsection (a), together with any rec- 3 ommendations or proposals for legislative or administra- 4 tive actions to address any issues raised by such studies. 5 The Secretary may submit the reports required under this 6 subsection as part of the reports prepared in accordance 7 with paragraphs (2) and (6) of section 808(e) of the Fair 8 Housing Act (42 U.S.C. 3608(e)) and section 561(j) of 9 the Housing and Community Development Act of 1987 10 (42 U.S.C. 3616a(j)). 11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 12 are authorized to be appropriated to carry out the provi- 13 sions of this section $5,000,000 for each of fiscal years 14 2021 through 2025. 15 SEC. 6. LIMITATION ON USE OF FUNDS. 16 None of the funds made available under this Act, or 17 the amendments made by this Act, may be used for any 18 political activities, political advocacy, or lobbying (as such 19 terms are defined by Circular A–122 of the Office of Man- 20 agement and Budget, entitled ‘‘Cost Principles for Non- 21 Profit Organizations’’), or for expenses for travel to en- 22 gage in political activities or preparation of or provision 23 of advice on tax returns. 24 Æ VerDate Sep 11 2014 19:37 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H68.IH H68 pamtmann on DSKBC07HB2PROD with BILLS