Public Housing Residents Protection Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5455 To require sales and leases of assets of public housing projects to financially benefit the residents of such public housing project and the budget of the public housing agency that owns such public housing project, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 17, 2019 Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which was referred to the Committee on Financial Services A BILL To require sales and leases of assets of public housing projects to financially benefit the residents of such public housing project and the budget of the public housing agency that owns such public housing project, 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 ‘‘Public Housing Resi- 4 dents Protection Act of 2019’’. 5 VerDate Sep 11 2014 20:31 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5455.IH H5455 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5455 IH SEC. 2. PUBLIC HOUSING AGENCY SALE OR LEASE OF PHA 1 ASSETS. 2 (a) IN GENERAL.—Section 9 of the United States 3 Housing Act of 1937 (42 U.S.C. 1437g) is amended by 4 adding at the end the following: 5 ‘‘(p) SALE OR LEASE OF ASSETS.—If a public hous- 6 ing agency sells or leases any asset (including roof space 7 or parking) of a public housing project owned by such pub- 8 lic housing agency, such public housing agency shall— 9 ‘‘(1) ensure that such sale or lease financially 10 benefits, as determined by a cost-benefit analysis 11 that is conducted using generally accepted account- 12 ing standards and is made publicly available— 13 ‘‘(A) the residents of such public housing 14 project; and 15 ‘‘(B) the budget of the public housing 16 agency; 17 ‘‘(2) if the buyer or lessee of such asset intends 18 to derive a product or services from such asset, re- 19 quire the buyer or lessee of such asset to first offer 20 such product or service derived from such asset to 21 the residents of the public housing project, and pro- 22 vide the product or services to those residents who 23 accept the offer before offering the product or serv- 24 ice to non-residents; 25 VerDate Sep 11 2014 20:31 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5455.IH H5455 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5455 IH ‘‘(3) make available publicly, not later than 30 1 days before such sale or lease, information sufficient 2 to demonstrate compliance with paragraphs (1) and 3 (2) of this subsection; and 4 ‘‘(4) not later than 1 year after the sale or 5 lease, submit to the Secretary a report that de- 6 scribes how the sale or lease complies with this sub- 7 section.’’. 8 (b) PHA ANNUAL PLAN.—Section 5A(d) of the 9 United States Housing Act of 1937 (42 U.S.C. 1437c– 10 1(d)) is amended— 11 (1) by redesignating paragraph (19) as para- 12 graph (20); and 13 (2) by inserting after paragraph (18) the fol- 14 lowing: 15 ‘‘(19) SALE OR LEASE OF ASSETS.—With re- 16 gard to any assets of any public housing project 17 owned by the public housing agency that the public 18 housing agency intends to sell or lease in the upcom- 19 ing year— 20 ‘‘(A) a description of the asset; 21 ‘‘(B) a description of the proposed terms 22 of the sale or lease, if possible; and 23 ‘‘(C) a description of how the lease or sale 24 will comply with section 9(p), including how 25 VerDate Sep 11 2014 20:31 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5455.IH H5455 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5455 IH such sale or lease financially benefits, as deter- 1 mined by a cost-benefit analysis that is con- 2 ducted using generally accepted accounting 3 standards, the residents of the public housing 4 project and the budget of the public housing 5 agency.’’. 6 (c) RULE OF CONSTRUCTION.—This section and the 7 amendments made by this section may not be construed 8 to authorize or encourage the sale or lease of any public 9 housing asset. 10 Æ VerDate Sep 11 2014 20:31 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5455.IH H5455 pamtmann on DSKBC07HB2PROD with BILLS