Landlord Accountability Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 1431 To amend the Fair Housing Act, to prohibit discrimination based on use of section 8 vouchers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 7, 2023 Ms. VELA´ZQUEZ introduced the following bill; which was referred to the Com- mittee on Financial Services, and in addition to the Committees on Ways and Means, and the Judiciary, 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 amend the Fair Housing Act, to prohibit discrimination based on use of section 8 vouchers, and for other purposes. 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 ‘‘Landlord Account- 4 ability Act of 2023’’. 5 SEC. 2. PROHIBITING HOUSING DISCRIMINATION BASED 6 ON SOURCE OF INCOME. 7 (a) IN GENERAL.—The Fair Housing Act (42 U.S.C. 8 3601 et seq.) is amended— 9 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1431 IH (1) in section 802 (42 U.S.C. 3602), by adding 1 at the end the following: 2 ‘‘(p) ‘Source of income’ includes— 3 ‘‘(1) current and future use of a tenant- or 4 project-based housing voucher under section 8 of the 5 United States Housing Act of 1937 (42 U.S.C. 6 1437f) and any form of Federal, State, or local 7 housing assistance provided to a person or family or 8 provided to a housing owner on behalf of a person 9 or family, including rental vouchers, rental assist- 10 ance, down payment assistance, other homeowner- 11 ship assistance, assistance to cover housing costs, 12 and other rental and homeownership subsidies, or 13 guarantees or financial assistance provided through 14 government and nongovernment organizations, in- 15 cluding both receipt of such assistance and compli- 16 ance with its terms thereof; 17 ‘‘(2) income received as a monthly benefit 18 under title II of the Social Security Act (42 U.S.C. 19 401 et seq.), as a supplemental security income ben- 20 efit under title XVI of the Social Security Act (42 21 U.S.C. 1381 et seq.), or as a benefit under the Rail- 22 road Retirement Act of 1974 (45 U.S.C. 231 et 23 seq.) or income provided through Federal, State, or 24 local governments or nongovernment organizations, 25 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1431 IH or through any public or State-supported general or 1 disability income assistance program or the terms of 2 such income; 3 ‘‘(3) income received by court order, including 4 spousal support and child support; 5 ‘‘(4) any payment from a trust, guardian, con- 6 servator, co-signer, or relative; and 7 ‘‘(5) any other source of income or funds, in- 8 cluding savings accounts and investments.’’; 9 (2) in section 804 (42 U.S.C. 3604)— 10 (A) by inserting ‘‘source of income,’’ after 11 ‘‘familial status,’’ each place that term appears; 12 and 13 (3) in section 805 (42 U.S.C. 3605)— 14 (A) in subsection (a), by inserting ‘‘source 15 of income,’’ after ‘‘familial status,’’; and 16 (B) in subsection (c), by inserting ‘‘source 17 of income,’’ after ‘‘handicap,’’; 18 (4) in section 806 (42 U.S.C. 3606), by insert- 19 ing ‘‘source of income,’’ after ‘‘familial status,’’; 20 (5) in section 807 (42 U.S.C. 3607), by adding 21 at the end the following new subsection: 22 ‘‘(c) Nothing under this title shall be construed to 23 prohibit any entity from providing a preference for vet- 24 erans or based on veteran status in the sale or rental of 25 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1431 IH a dwelling or in the provision of services or facilities in 1 connection therewith.’’; 2 (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), 3 by inserting ‘‘source of income,’’ after ‘‘handicap,’’; 4 and 5 (7) in section 810(f) (42 U.S.C. 3610(f)), by 6 striking paragraph (4) and inserting the following: 7 ‘‘(4) During the period beginning on the date of en- 8 actment of the Landlord Accountability Act of 2023 and 9 ending on the date that is 40 months after such date of 10 enactment, each agency certified for purposes of this title 11 on the day before such date of enactment shall, for pur- 12 poses of this subsection, be considered certified under this 13 subsection with respect to those matters for which the 14 agency was certified on that date. If the Secretary deter- 15 mines in an individual case that an agency has not been 16 able to meet the certification requirements within this 40- 17 month period due to exceptional circumstances, such as 18 the infrequency of legislative sessions in that jurisdiction, 19 the Secretary may extend such period by not more than 20 6 months.’’. 21 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS- 22 ING CASES.—Section 901 of the Civil Rights Act of 1968 23 (42 U.S.C. 3631) is amended by inserting ‘‘source of in- 24 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1431 IH come (as defined in section 802),’’ before ‘‘or national ori- 1 gin’’ each place that term appears. 2 (c) AUTHORIZATION OF APPROPRIATIONS FOR EN- 3 FORCEMENT.—There is authorized to be appropriated for 4 contracts, grants, and other assistance— 5 (1) $90,000,000 for each of fiscal years 2024 6 through 2033 for the Fair Housing Initiatives Pro- 7 gram under section 561 of the Housing and Com- 8 munity Development Act of 1987 (42 U.S.C. 9 3616a); 10 (2) $47,000,000 for each of fiscal years 2024 11 through 2033 for the Fair Housing Assistance Pro- 12 gram under the Fair Housing Act (42 U.S.C. 3601 13 et seq.); and 14 (3) $3,000,000 for each of fiscal years 2024 15 through 2026 to the Secretary of Housing and 16 Urban Development for a carrying out national 17 media campaign to raise public awareness to help in- 18 dividuals understand their expanded rights under 19 the Fair Housing Act and learn how to report inci- 20 dents of housing discrimination. 21 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1431 IH SEC. 3. PENALTIES FOR INTENTIONAL ACTS TO DIS- 1 QUALIFY DWELLING UNITS FROM ELIGI- 2 BILITY FOR FEDERAL HOUSING PROGRAMS. 3 (a) VIOLATION.—An owner of a dwelling unit that 4 is available for rental may not take any action, or fail to 5 take any action, with the intent to make the dwelling unit 6 insufficiently decent, safe, sanitary, or inhabitable, or 7 cause such other physical condition, so that the dwelling 8 does not qualify for assistance within the jurisdiction of 9 the Department (as such term is defined in section 102(m) 10 of the Department of Housing and Urban Development 11 Reform Act of 1989 (42 U.S.C. 3545(m))). 12 (b) CIVIL MONEY PENALTIES.—Any person who is 13 found by the Secretary of Housing and Urban Develop- 14 ment, after notice and opportunity for a hearing in accord- 15 ance with section 554 of title 5, United States Code, to 16 have violated subsection (a) shall be assessed a civil money 17 penalty by the Secretary in the amount of $100,000 for 18 each such action or failure to act. 19 (c) LIABILITY TO TENANTS.—A tenant who, at the 20 time of a violation under subsection (a), occupies the 21 dwelling unit to which the violation relates may bring a 22 civil action for damages in the following amounts: 23 (1) $50,000 for each action or failure to act in 24 violation of subsection (a). 25 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 1431 IH (2) Any actual damages and costs to the tenant 1 resulting from the violation, including any costs of 2 finding a replacement dwelling unit. 3 SEC. 4. PENALITIES FOR VACANT UNITS. 4 (a) VIOLATION; PENALTY.—In the case of a dwelling 5 unit that is located in a multifamily housing project, quali- 6 fies for assistance within the jurisdiction of the Depart- 7 ment (as such term is defined in section 102(m) of the 8 Department of Housing and Urban Development Reform 9 Act of 1989 (42 U.S.C. 3545 (m))), is available for rental, 10 and is found, after notice and opportunity for a hearing 11 in accordance with section 554 of title 5, United States 12 Code, to be intentionally left vacant by the owner for a 13 period of more than 60 days that begins as provided under 14 subsection (b), the owner shall be assessed a civil money 15 penalty in the amount of $100,000 for every 30 days that 16 the unit is found to be intentionally left vacant. 17 (b) TIMING.— 18 (1) NEW UNITS.—In the case of a dwelling unit 19 that has not previously been occupied, such 60-day 20 period shall commence on the day that the unit is 21 first habitable for occupancy, as determined by the 22 Secretary. 23 (2) EXISTING UNITS.—In the case of a dwelling 24 unit that has previously been occupied, such 60-day 25 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 1431 IH period shall commence on the day that the unit was 1 vacated by the most recent tenant. 2 (c) TREATMENT OF REPAIRS.—In making a deter- 3 mination with respect to a violation under subsection 4 (a)— 5 (1) the Secretary shall presume, subject to 6 paragraph (2), that a dwelling unit that is vacant 7 during any period between tenancies that the unit is 8 being repaired, updated, renovated, or refurbished is 9 not available for rental during such period; and 10 (2) the Secretary shall treat such presumption 11 as having been rebutted upon a showing by a pro- 12 spective tenant, or agent thereof, that a reasonable 13 period of time for such updating, renovation, or re- 14 furbishment elapsed. 15 SEC. 5. RESOURCES FOR RECEIVING AND RESOLVING COM- 16 PLAINTS REGARDING MULTIFAMILY HOUS- 17 ING PROJECTS. 18 (a) INCREASED HUD STAFFING FOR COMPLAINT 19 CALL STAFFING.— 20 (1) INCREASED STAFFING.—The Secretary 21 shall, not later than the expiration of the 180-day 22 period beginning on the date of the enactment of 23 this Act, increase the staffing level for the Multi- 24 family Housing Complaint Line established and op- 25 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 1431 IH erated by the Multifamily Housing Clearinghouse of 1 the Department so that it is sufficient and appro- 2 priate to handle the volume of calls received without 3 unreasonable waiting periods. 4 (2) AUTHORIZATION OF APPROPRIATIONS.—For 5 carrying out paragraph (1), there are authorized to 6 be appropriated to the Secretary such sums as may 7 be necessary for each fiscal year for carrying out 8 paragraph (1). 9 (b) MULTIFAMILY HOUSING COMPLAINT RESOLU- 10 TION PROGRAM.— 11 (1) IN GENERAL.—The Secretary shall carry 12 out a Multifamily Housing Complaint Resolution 13 Program for receiving complaints about multifamily 14 housing projects from voucher users who reside in 15 such projects and local governmental officials, under 16 which the Secretary shall provide for— 17 (A) gathering of information regarding 18 each such complaint; 19 (B) determining whether there is a likeli- 20 hood that there is any violation of the require- 21 ments under the rental assistance voucher pro- 22 gram relating to such complaint; 23 (C) informing the owner or landlord of the 24 complaint and any violations; and 25 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 1431 IH (D) attempting to resolve the complaint 1 and violations, including through mediation. 2 (2) RESOLUTION.—The Secretary may provide 3 for carrying out the activities required under para- 4 graph (1)(D) through regional or field offices of the 5 Department or through such local or private organi- 6 zations or agencies as the Secretary determines have 7 appropriate capabilities and expertise to carry out 8 such activities. 9 (3) FUNDING.—Amounts made available for ad- 10 ministrative fees under section 8(q) of the United 11 States Housing Act of 1937 (42 U.S.C. 1437f(q)) 12 shall be available for carrying out the program 13 under this subsection. 14 (4) REGULATIONS.—Not later than the expira- 15 tion of the 12-month period beginning on the date 16 of the enactment of this Act, the Secretary shall 17 issue any regulations necessary to establish the Pro- 18 gram required under this subsection. 19 SEC. 6. HUD DISCLOSURE OF LANDLORD COMPLAINTS. 20 (a) PUBLIC DISCLOSURE.—The Secretary shall pub- 21 licly disclose, on a website of the Department and on a 22 timely basis, information regarding each complaint re- 23 ceived under the Program establish pursuant to section 24 5(b), which shall include for each such complaint— 25 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 1431 IH (1) the nature of the complaint; 1 (2) the date on which such complaint was sub- 2 mitted to the Department; 3 (3) the disposition, as of the time of such dis- 4 closure, of such complaint; and 5 (4) information identifying the multifamily 6 housing project to which such complaint relates. 7 (b) REPORTS TO CONGRESS.—The Secretary of 8 Housing and Urban Development shall submit a report 9 annually to the Committee on Financial Services of the 10 House of Representatives and the Committee on Banking, 11 Housing, and Urban Affairs of the Senate summarizing 12 the complaints described in subsection (a) that were re- 13 ceived by the Department during the preceding year and 14 describing the disposition to such date of such complaints. 15 SEC. 7. TAX CREDIT INCENTIVE FOR MAINTENANCE OF 16 MULTIFAMILY HOUSING WITH VOUCHER 17 USER TENANTS. 18 (a) IN GENERAL.—Subpart D of part IV of sub- 19 chapter A of chapter 1 of the Internal Revenue Code of 20 1986 is amended by adding at the end the following new 21 section: 22 ‘‘SEC. 45AA. LOW-INCOME HOUSING MAINTENANCE CREDIT. 23 ‘‘(a) IN GENERAL.—For purposes of section 38, in 24 the case of an eligible landlord, the low-income housing 25 VerDate Sep 11 2014 02:04 Mar 25, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1431.IH H1431 pbinns on DSKJLVW7X2PROD with $$_JOB 12 [Text truncated for display. Full text available on Congress.gov.]