,,ii #aadth ,,congress #b;d ,session ,s4 #bice ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ag1 #bjaf ,mr4 ,flake 7for himself and ,mr4 ,coats7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to limit the availability of public housing for over-income families4 #a4 ,short title ,this ,act may be cited as the ,end ,housing ,subsidies for the ,rich ,act of #bjaf4 #b4 ,limitation on public housing tenancy for over-income families ,section #af7;a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgn7a77 is amended by adding at the end the following3 7#e7 ,limitations on tenancy for over-income families 7,a7 ,limitations ,except as provided in subparagraph 7,b71 in the case of any family residing in a dwelling unit of public housing whose income for the most recent #b consecutive years1 as determined pursuant to income reviews conducted under section #c7;a77#a71 has exceeded the applicable income limitation under subparagraph 7,d71 the public housing agency shall terminate the tenancy of the family in public housing not later than #f months after the income determination4 7,b7 ,exception ,a family described in subparagraph 7,a7 may continue to occupy the dwelling unit of public housing on a month-to-month basis if-- 7i7 the public housing agency charges the family as monthly rent for the dwelling unit an amount equal the applicable fair market rental established under section #h7;c7 for a dwelling unit in the same market area of the same size2 and 7ii7 there are no eligible families applying for housing assistance from the public housing agency for that month and the agency provides not less than #cj-;day public notice of the availability of such assistance4 7,c7 ,notice ,in the case of any family residing in a dwelling unit of public housing whose income for a year has exceeded the applicable income limitation under subparagraph 7,d71 upon the conclusion of that year the public housing agency shall provide written notice to the family of the requirements under subparagraph 7,a74 7,d7 ,income limitation ,the income limitation under this subparagraph shall be #abj percent of the median income for the area1 as determined by the ,secretary with adjustments for smaller and larger families4 7,e7 ,reports on over-income families and waiting lists ,the ,secretary shall require that each public housing agency shall-- 7i7 submit a report annually1 in a format required by the ,secretary1 that specifies-- 7,i7 the number of families residing1 as of the end of the year for which the report is submitted1 in public housing administered by the agency who had incomes exceeding the applicable income limitation under subparagraph 7,d72 and 7,,ii7 the number of families1 as of the end of the year for which the report is submitted year1 on the waiting lists for admission to public housing dwelling units of the agency2 and 7ii7 make the information reported pursuant to clause 7i7 publicly available4 4 #c4 ,limitation on eligibility for assistance based on assets ,section #af of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgn7 is amended by inserting after subsection 7d7 the following3 7e7 ,eligibility for assistance based on assets 7#a7 ,limitation on assets ,subject to paragraph 7#c7 and notwithstanding any other provision of this ,act1 a dwelling unit assisted under this ,act may not be rented and assistance under this ,act may not be provided1 either initially or at each recertification of family income1 to any family-- 7,a7 whose net family assets exceed #ajj1jjj1 as such amount is adjusted annually by applying an inflationary factor as the ,secretary considers appropriate2 or 7,b7 who has a present ownership interest in1 a legal right to reside in1 and the effective legal authority to sell1 real property that is suitable for occupancy by the family as a residence1 except that the prohibition under this subparagraph shall not apply to-- 7i7 any property for which the family is receiving assistance under subsection 7y7 or 7o77#ab7 of section #h2 7ii7 any person that is a victim of domestic violence2 or 7iii7 any family that is offering such property for sale4 7#b7 ,net family assets 7,a7 ,in general ,for purposes of this subsection1 the term net family assets-- 7i7 means1 for all members of the household1 the net cash value of all assets after deducting reasonable costs that would be incurred in disposing of real property1 savings1 stocks1 bonds1 and other forms of capital investment2 and 7ii7 does not include interests in ,indian trust land1 equity in property for which the family is receiving assistance under subsection 7y7 or 7o77#ab7 of section #h1 equity accounts in homeownership programs of the ,department of ,housing and ,urban ,development1 or ,family ,self ,sufficiency accounts4 7,b7 ,exclusions ,such term does not include-- 7i7 the value of personal property1 except for items of personal property of significant value1 as the ,secretary may establish or the public housing agency may determine2 7ii7 the value of any retirement account2 7iii7 real property for which the family does not have the effective legal authority necessary to sell such property2 7iv7 any amounts recovered in any civil action or settlement based on a claim of malpractice1 negligence1 or other breach of duty owed to a member of the family and arising out of law1 that resulted in a member of the family being disabled2 7v7 the value of any ,coverdell education savings account under section #ecj of the ,internal ,revenue ,code of #aihf or any qualified tuition program under section #ebi of such ,code2 and 7vi7 such other exclusions as the ,secretary may establish4 7,c7 ,trust funds ,in cases in which a trust fund has been established and the trust is not revocable by1 or under the control of1 any member of the family or household1 the value of the trust fund shall not be considered an asset of a family if the fund continues to be held in trust4 ,any income distributed from the trust fund shall be considered income for purposes of section #c7;b7 and any calculations of annual family income1 except in the case of medical expenses for a minor4 7#c7 ,self-certification 7,a7 ,net family assets ,a public housing agency or owner may determine the net assets of a family1 for purposes of this section1 based on a certification by the family that the net assets of such family do not exceed #ej1jjj1 as such amount is adjusted annually by applying an inflationary factor as the ,secretary considers appropriate4 7,b7 ,no current real property ownership ,a public housing agency or owner may determine compliance with paragraph 7#a77;,b7 based on a certification by the family that such family does not have any current ownership interest in any real property at the time the agency or owner reviews the family's income4 7,c7 ,standardized forms ,the ,secretary may develop standardized forms for the certifications referred to in subparagraphs 7,a7 and 7,b74 7#d7 ,compliance for public housing dwelling units ,when recertifying family income with respect to families residing in public housing dwelling units1 a public housing agency may1 in the discretion of the agency and only pursuant to a policy that is set forth in the public housing agency plan under section #e;,a for the agency1 choose not to enforce the limitation under paragraph 7#a74 7#e7 ,enforcement ,when recertifying the income of a family residing in a dwelling unit assisted under this ,act1 a public housing agency or owner may choose not to enforce the limitation under paragraph 7#a7 or may establish exceptions to such limitation based on eligibility criteria1 but only pursuant to a policy that is set forth in the public housing agency plan under section #e;,a for the agency or under a policy adopted by the owner4 ,eligibility criteria for establishing exceptions may provide for separate treatment based on family type and may be based on different factors1 such as age1 disability1 income1 the ability of the family to find suitable alternative housing1 and whether supportive services are being provided4 7#f7 ,authority to delay evictions ,in the case of a family residing in a dwelling unit assisted under this ,act who does not comply with the limitation under paragraph 7#a71 the public housing agency or project owner may delay eviction or termination of the family based on such noncompliance for a period of not more than #f months4 7#g7 ,verifying income 7,a7 ,beginning in fiscal year #bjah1 the ,secretary shall require public housing agencies to require each applicant for1 or recipient of1 benefits under this ,act to provide authorization by the applicant or recipient 7or by any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such benefits7 for the public housing agency to obtain 7subject to the cost reimbursement requirements of section #aaae7;a7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdae7;a777 from any financial institution 7within the meaning of section #aaja7a7 of such ,act 7#ab ,u4,s4,c4 #cdja7a777 any financial record 7within the meaning of section #aaja7b7 of such ,act 7#ab ,u4,s4,c4 #cdja7b777 held by the institution with respect to the applicant or recipient 7or any such other person7 whenever the public housing agency determines the record is needed in connection with a determination with respect to such eligibility or the amount of such benefits4 7,b7 ,notwithstanding section #aajd7;a77#a7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdjd7;a77#a771 an authorization provided by an applicant or recipient 7or any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient7 pursuant to subparagraph 7,a7 of this paragraph shall remain effective until the earliest of-- 7i7 the rendering of a final adverse decision on the applicant's application for eligibility for benefits under this ,act2 7ii7 the cessation of the recipient's eligibility for benefits under this ,act2 or 7iii7 the express revocation by the applicant or recipient 7or such other person referred to in subparagraph 7,a77 of the authorization1 in a written notification to the ,secretary4 7,c7 7i7 ,an authorization obtained by the public housing agency pursuant to this paragraph shall be considered to meet the requirements of the ,right to ,financial ,privacy ,act for purposes of section #aajc7;a7 of such ,act 7#ab ,u4,s4,c4 #cdjc7;a771 and need not be furnished to the financial institution1 notwithstanding section #aajd7;a7 of such ,act 7#ab ,u4,s4,c4 #cdjd7;a774 7ii7 ,the certification requirements of section #aajc7;b7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdjd7;b77 shall not apply to requests by the public housing agency pursuant to an authorization provided under this clause4 7iii7 ,a request by the public housing agency pursuant to an authorization provided under this clause is deemed to meet the requirements of section #aajd7;a77#c7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdjd7;a77#c77 and the flush language of section #aajb of such ,act 7#ab ,u4,s4,c4 #cdjb74 7iv7 ,the public housing agency shall inform any person who provides authorization pursuant to this paragraph of the duration and scope of the authorization4 7,d7 ,if an applicant for1 or recipient of1 benefits under this ,act 7or any such other person referred to in subparagraph 7,a77 refuses to provide1 or revokes1 any authorization made by the applicant or recipient for the public housing agency to obtain from any financial institution any financial record1 the public housing agency may1 on that basis1 determine that the applicant or recipient is ineligible for benefits under this title4 4