Library / Laws / 113th / hr / H.R. 1193 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 1193
IN THE HOUSE OF REPRESENTATIVES
March 14, 2013
Mr. Meehan (for
himself, Mr. Barletta,
Mr. Gerlach,
Mr. Nugent,
Mr. Tiberi, and
Mr. Murphy of Pennsylvania) introduced
the following bill; which was referred to the
Committee on Financial
Services
A BILL
To require each owner of a dwelling unit assisted under
the section 8 rental assistance voucher program to remain current with respect
to local property and school taxes and to authorize a public housing agency to
use such rental assistance amounts to pay such tax debt of such an owner, and
for other purposes.
1.
Short title
This Act may be cited as the
Protect Our Schools from Tax
Delinquents Act of 2013.
2.
Obligation for
owners of assisted units to remain current on local property and school
taxes
(a)
In
general
Subsection (o) of
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is
amended by adding at the end the following new paragraph:
(21)
Obligation for
owners To remain current on local property and school taxes
(1)
Obligation
Each housing assistance payments contract
entered into by a public housing agency and the owner of a dwelling unit shall
provide that the owner of the dwelling unit assisted under the contract shall
pay, on a timely basis, all covered taxes validly assessed against the property
in which such dwelling unit is located.
(2)
Authority to
provide for use of assistance amounts to pay delinquent taxes
A housing assistance payments contract
entered into by a public housing agency and the owner of a dwelling unit may
provide that, upon notification by a taxing authority that the owner of a
dwelling unit assisted under this subsection is delinquent with respect to
payment of any covered taxes assessed by such taxing authority against the
property in which such dwelling unit is located and identification of the
amount of such delinquency—
(A) the public housing agency shall abate all
of the assistance amounts under this subsection with respect such property
until the transfer of amounts pursuant to subparagraph (B) is completed;
and
(B) the agency shall transfer to such taxing
authority, on a monthly basis, an amount equal to the monthly assistance
amounts under this subsection with respect to such dwelling unit (or such
lesser amount as may be agreed to by the agency and such authority) until the
delinquency identified in such notification is eliminated (or for such shorter
period, as may be agreed to by the agency and such authority).
(3)
Requirements and
procedures
The Secretary
shall establish such requirements as may be necessary to provide for the
housing assistance payments contract provisions under paragraphs (1) and (2),
including, in the case of provisions authorized by paragraph (2), such
requirements regarding notifications and transfer of amounts pursuant to
paragraph (2)(B) as may be necessary to ensure that amounts are not so
transferred except for actual and confirmed taxes assessed to and owed by an
owner of a dwelling unit, to ensure that no amounts are transferred in excess
of the amount of such taxes owed, and to ensure the timely commencement and
termination of such transfers.
(4)
Treatment of
tenants
Nothing in this
section may be construed to authorize, or establish any cause or grounds for,
the termination of the tenancy of any tenant from any dwelling unit assisted
under this subsection.
(5)
Database
(A)
In
general
The Secretary shall
maintain a database of information regarding—
(i) owners of dwelling units assisted under
this subsection whose housing assistance payments contracts have been
terminated for failure to comply with the provision required under paragraph
(1); and
(ii) owners of such dwelling units with respect
to whom assistance amounts have been abated and transferred to a taxing
authority pursuant to paragraph (2).
(B)
Contents
Such database shall include information
that identifies the owner, the property for which such assistance was provided,
the amount transferred, and the period over which such abatement and transfer
occurred.
(C)
Information from
public housing agencies
The Secretary shall require public
housing agencies to submit information regarding the abatement and transfer of
assistance amounts pursuant to paragraph (2) sufficient for the Secretary to
maintain such database.
(6)
Definitions
For
purposes of this paragraph, the following definitions shall apply:
(A)
Covered
taxes
The term covered
taxes means any tax under the law of a State or any political
subdivision of a State that is assessed upon real property or the revenue of
which is dedicated for use only for schools or for costs of education.
(B)
Taxing
authority
The term taxing authority means any State
or political subdivision of a State, including any agency or authority thereof,
having authority to assess and collect covered
taxes.
.
(b)
Regulations
The
Secretary of Housing and Urban Development shall issue any regulations
necessary to carry section 8(o)(21) of the United States Housing Act of 1937,
as added by the amendment made by subsection (a).