Homes for All Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5244 To establish new units of public housing and private market affordable hous- ing, to provide grants to combat gentrification and neighborhood desta- bilization, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 21, 2019 Ms. OMAR introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, 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 ‘‘Homes for All Act 4 of 2019’’. 5 SEC. 2. CONGRESSIONAL FINDINGS. 6 The Congress finds that— 7 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 2 •HR 5244 IH (1) Every State and large metropolitan area in 1 the United States is facing a shortage of affordable 2 housing options for people who are very or ex- 3 tremely-low income. 4 (2) More than 18 million households—1 in 6— 5 are paying more than half of their income on hous- 6 ing and are considered severely cost-burdened. 7 (3) The current affordable housing shortage 8 facing the United States cannot be addressed solely 9 by the private market, necessitating significant Fed- 10 eral intervention and investment. 11 (4) The Federal Government must adopt a pol- 12 icy that guarantees the right to housing for all indi- 13 viduals, strengthen neighborhoods, and address the 14 failures of the free market in housing by building 15 new public housing and investing in private afford- 16 able housing. 17 SEC. 3. CONSTRUCTION OF NEW PUBLIC HOUSING. 18 (a) PURPOSE.—It is the purpose of this section to 19 fund the construction of 9,500,000 publicly owned dwell- 20 ing units over 10 years. 21 (b) REPEAL OF FAIRCLOTH AMENDMENT.—Section 22 9(g) of the United States Housing Act of 1937 (42 U.S.C. 23 1437g(g)) is amended by striking paragraph (3) (relating 24 to limitation on new construction). 25 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 3 •HR 5244 IH (c) FULL FUNDING OF PUBLIC HOUSING OPERATING 1 AND CAPITAL EXPENSES UNDER MANDATORY SPEND- 2 ING.—Subsection (c) of section 9 of the United States 3 Housing Act of 1937 (42 U.S.C. 1437g(c)) is amended 4 by striking paragraph (2) and inserting the following new 5 paragraphs: 6 ‘‘(2) FUNDING.—For fiscal year 2021 and each 7 fiscal year thereafter, each public housing agency 8 shall be entitled to assistance in the following 9 amounts: 10 ‘‘(A) CAPITAL FUND.—From the Capital 11 Fund under subsection (d), such amount as 12 may be necessary to fully fund the capital needs 13 of the agency for such fiscal year, as deter- 14 mined in accordance with such subsection. 15 ‘‘(B) OPERATING FUND.—From the Oper- 16 ating Fund under subsection (e), such amount 17 as may be necessary to fully fund the operating 18 needs of the agency for such fiscal year, as de- 19 termined in accordance with such subsection. 20 ‘‘(3) PERMANENT APPROPRIATIONS.—For fiscal 21 year 2021 and each fiscal year thereafter, there is 22 appropriated— 23 ‘‘(A) for the Capital Fund, an amount 24 equivalent to the aggregate of the amounts to 25 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 4 •HR 5244 IH which each public housing agency is entitled 1 under paragraph (2)(A); and 2 ‘‘(B) for the Operating Fund, an amount 3 equivalent to the aggregate of the amounts to 4 which each public housing agency is entitled 5 under paragraph (2)(B).’’. 6 (d) HOMES FOR ALL NEW CONSTRUCTION PRO- 7 GRAM.— 8 (1) AUTHORIZATION OF APPROPRIATIONS.— 9 Section 8 of the United States Housing Act of 1937 10 (42 U.S.C. 1437f) is amended by adding at the end 11 the following new subsection: 12 ‘‘(ee) HOMES FOR ALL.— 13 ‘‘(1) IN GENERAL.—There shall be appropriated 14 $80,000,000,000 for each of fiscal years 2021 15 through 2031 for annual contribution contracts for 16 assistance under section 5(a)(2) to cover the devel- 17 opment costs for new public housing dwelling units 18 that meet the requirements of this subsection. 19 ‘‘(2) REQUIREMENTS.— 20 ‘‘(A) PUBLIC HOUSING.—All dwelling units 21 funded with amounts made available pursuant 22 to this subsection shall comply with and be op- 23 erated in compliance with all requirements ap- 24 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 5 •HR 5244 IH plicable to public housing (as defined in section 1 3(b)) and the requirements of this subsection. 2 ‘‘(B) REGULATIONS.—The Secretary shall 3 issue regulations to ensure, to the extent prac- 4 ticable, that dwelling units funded with 5 amounts made available pursuant to this sub- 6 section comply with the following: 7 ‘‘(i) USE.—Notwithstanding any pro- 8 vision of this Act, such units shall be oper- 9 ated as public housing during the entire 10 useful life of such dwelling units and may 11 not be sold or otherwise alienated by the 12 public housing agency receiving such 13 amounts during such useful life. 14 ‘‘(ii) LOCATION AND ACCESSI- 15 BILITY.—Such units shall be located in a 16 manner that complies with such standards 17 as the Secretary, in conjunction with the 18 Secretary of the Department of Transpor- 19 tation, shall establish to ensure proper in- 20 tegration of housing and public transit and 21 ensure that residents of such units have 22 access to sufficient transportation options. 23 Standards should ensure that such units 24 should be integrated with public transit 25 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 6 •HR 5244 IH and vehicle alternatives such as walking 1 and biking and should accommodate dif- 2 ferences between a transit hub in a town 3 or reservation compared with a large city. 4 ‘‘(iii) ENVIRONMENTAL STAND- 5 ARDS.—Such units shall comply with such 6 standards as the Secretary shall establish 7 to ensure such units are designed, built, 8 and operated according to the highest pos- 9 sible environmental standard, with a focus 10 on minimizing energy costs and achieving 11 carbon neutrality. 12 ‘‘(iv) TENANCY RESTRICTIONS.—A 13 public housing agency receiving assistance 14 made available pursuant to this subsection 15 shall not refuse to rent a dwelling unit de- 16 veloped with such assistance or otherwise 17 discriminate in the rental of such a dwell- 18 ing unit based on an individual’s criminal 19 record or immigration status. 20 ‘‘(v) ANTI-DISCRIMINATION.—A public 21 housing agency receiving assistance made 22 available pursuant to this subsection shall 23 not refuse to rent a dwelling unit developed 24 with such assistance or otherwise discrimi- 25 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 7 •HR 5244 IH nate in the rental of such a dwelling unit 1 because of the sexual orientation or gender 2 identity of any person. 3 ‘‘(vi) AFFIRMATIVELY FURTHERING 4 FAIR HOUSING.—A public housing agency 5 receiving assistance made available pursu- 6 ant to this subsection shall comply with the 7 final rule entitled ‘Affirmatively Fur- 8 thering Fair Housing’ (80 Fed. Reg. 9 42272 (July 16, 2015)). 10 ‘‘(vii) SUPPORTIVE SERVICES.—A 11 public housing agency receiving assistance 12 made available pursuant to this subsection 13 shall develop a supportive services plan to 14 ensure that residents have access to free, 15 voluntary programs that address the needs 16 of people experiencing chronic homeless- 17 ness and housing instability. Services pro- 18 vided should include assistance with ac- 19 cessing healthcare, employment, education, 20 childcare, financial literacy and other com- 21 munity-based supportive services.’’. 22 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 8 •HR 5244 IH SEC. 4. CONSTRUCTION OF PRIVATE MARKET AFFORDABLE 1 HOUSING. 2 (a) PURPOSE.—It is the purpose of this section to 3 fund the construction of 2,500,000 private market afford- 4 able housing dwelling units over 10 years. 5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 6 authorized to be appropriated $20,000,000,000 for each 7 of fiscal years 2021 through 2030 for crediting to the 8 Housing Trust Fund under section 1338 of the Housing 9 and Community Development Act of 1992 (12 U.S.C.11 10 4568), which amounts shall be available only for assist- 11 ance for production of new dwelling units that comply with 12 the requirements of such section 1338 and this section. 13 (c) USE.—Notwithstanding any provision of the 14 United States Housing Act of 1937 (42 U.S.C. 1437 et 15 seq.), all units developed using amounts made available 16 pursuant to this section shall remain affordable housing 17 units for the entire useful life of such dwelling units. 18 (d) LOCATION AND ACCESSIBILITY.—All dwelling 19 units developed using amounts made available pursuant 20 to this section shall be located in a manner that complies 21 with such standards as the Secretary of Housing and 22 Urban Development (in this subsection referred to as the 23 ‘‘Secretary’’), in conjunction with the Secretary of the De- 24 partment of Transportation, shall establish to ensure 25 proper integration of housing and public transit and en- 26 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 9 •HR 5244 IH sure that residents of such units have access to sufficient 1 transportation options. Standards should ensure that such 2 units should be integrated with public transit and vehicle 3 alternatives such as walking and biking and should accom- 4 modate differences between a transit hub in a town or res- 5 ervation compared with a large city. 6 (e) ENVIRONMENTAL STANDARDS.—All dwelling 7 units developed using amounts made available pursuant 8 to this section shall comply with such standards as the 9 Secretary shall establish to ensure units are designed, 10 built, and operated according to the highest possible envi- 11 ronmental standard, with a focus on minimizing energy 12 costs and achieving carbon neutrality. 13 (f) TENANCY RESTRICTIONS.—A public housing 14 agency receiving assistance made available pursuant to 15 this section shall not refuse to rent a dwelling unit devel- 16 oped with such assistance or otherwise discriminate in the 17 rental of such a dwelling unit based on an individual’s 18 criminal record or immigration status. 19 (g) ANTI-DISCRIMINATION.—A public housing agency 20 receiving assistance made available pursuant to this sec- 21 tion shall not refuse to rent a dwelling unit developed with 22 such assistance or otherwise discriminate in the rental of 23 such a dwelling unit because of the sexual orientation or 24 gender identity of any person. 25 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 10 •HR 5244 IH (h) AFFIRMATIVELY FURTHERING FAIR HOUSING.— 1 A public housing agency receiving assistance made avail- 2 able pursuant to this section shall comply with the final 3 rule entitled ‘‘Affirmatively Furthering Fair Housing’’ (80 4 Fed. Reg. 42272 (July 16, 2015)). 5 (i) SUPPORTIVE SERVICES.—A public housing agency 6 receiving assistance made available pursuant to this sec- 7 tion shall develop a supportive services plan to ensure that 8 residents have access to free, voluntary programs that ad- 9 dress the needs of people experiencing chronic homeless- 10 ness and housing instability. Services provided should in- 11 clude assistance with accessing healthcare, employment, 12 education, childcare, financial literacy and other commu- 13 nity-based supportive services. 14 SEC. 5. COMMUNITY CONTROL AND ANTI-DISPLACEMENT 15 FUND. 16 (a) ESTABLISHMENT.—The Secretary of Housing 17 and Urban Development shall establish a program to be 18 known as the ‘‘Community Control and Anti-Displacement 19 Fund’’ to provide grants to local governments for the pur- 20 poses of combating gentrification and neighborhood desta- 21 bilization. 22 (b) PRIORITY.—The Secretary shall prioritize awards 23 to local governments that propose projects or programs 24 that encourage alternative ownership housing models that 25 VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS 11 •HR 5244 IH give renters agency over how the housing is operated and 1 that protect housing affordability. 2 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 3 authorized to be appropriated to the Secretary of Housing 4 and Urban Development $200,000,000,000 for fiscal 5 years 2021 through 2031 to carry out this section. 6 Æ VerDate Sep 11 2014 04:07 Dec 04, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H5244.IH H5244 kjohnson on DSK79L0C42 with BILLS