,i #aafth ,,congress #ast ,session ,h4 ,r4 #bcb ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjai ,ms4 ,velzquez introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committees on ,ways and ,means1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,fair ,housing ,act1 to prohibit discrimination based on use of section #h vouchers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,landlord ,accountability ,act of #bjai4 #b4 ,congressional findings ,the ,congress finds that-- 7#a7 the ,united ,states is in the midst of a housing crisis1 as the homeownership rate has declined to #fd4d percent1 which is lower than it was #bj years ago1 while rental demand has increased and pushed vacancy rates down to #g4a percent2 7#b7 the median rental asking price is #a1jjc1 up from #gjh ten years ago2 7#c7 in ,june #bjah1 ,united ,states housing rents hit an all-time high of #a1dje per month2 of the #bej largest ,u4,s4 cities #hh percent experienced increases in housing rents over the previous year2 7#d7 families and individuals that pay more than #cj percent of their income for housing are considered cost-burdened and have difficultly affording other necessities like food1 clothing1 transportation1 and medical care2 7#e7 almost half of all renters in the ,united ,states1 approximately #ai4i million households1 are cost-burdened2 7#f7 #i4g million extremely low-income renters spend more than #cj percent of their income on rent2 of those renters1 #h million are considered severely cost-burdened and forced to spend more than half of their income on rent2 7#g7 the current rental environment makes rental assistance under the ,section #h ,housing ,choice ,voucher ,program of the ,department of ,housing and ,urban ,development vital to finding affordable housing for many families2 7#h7 the ,section #h ,program helps approximately #d4e million low-income families1 the elderly1 and the disabled afford respectable housing in the private market2 7#i7 the ,section #h ,housing ,choice ,voucher ,program assists our ,nation's most economically vulnerable families--the average annual income for all voucher-funded recipients is only #ad1ddd2 7#aj7 many of the individuals and families assisted by the ,section #h ,program would be at risk of homelessness without the program2 7#aa7 the ,section #h program caps the rental cost for eligible families and individuals at #cj percent of their incomes1 which frees up their limited resources to pay for life's other necessities2 7#ab7 although families and individuals assisted under the program are free to choose any available housing in their community1 that has not prevented landlords from discriminating against low-income tenants2 7#ac7 public housing authorities are experiencing historically low success rates as measured by the percentage of families who are receiving housing vouchers that are actually able to use them in the private market2 7#ad7 given the strong connection between the classes currently protected under the ,fair ,housing ,act1 including race1 gender1 those with disabilities1 familial status1 and economic status1 establishing a ban on income discrimination would further the goals of the ,fair ,housing ,act and better protect these families and individuals2 7#ae7 for many years1 landlords have relied on the ,section #h housing program to provide affordable housing to tenants in low-income areas1 but as more urban areas have undergone rapid revitalization1 property values have risen dramatically2 7#af7 as a result of rising property values1 there have been serious allegations that landlords are intentionally allowing their federally subsidized units to deteriorate in an effort to drive voucher-users out and convert units to higher1 market-rate apartments2 7#ag7 in addition1 landlords are failing to meet the housing quality standards of the ,department of ,housing and ,urban ,development and improperly demanding rent in excess of #cj percent of voucher-holders' incomes2 and 7#ah7 therefore1 it is necessary to ban discrimination against source of income1 discourage intentional acts to disqualify dwelling units from ,federal housing programs1 and encourage proper maintenance of multifamily housing in order to revive the ,section #h rental assistance program1 affirmatively further fair housing policies1 and address our national housing affordability crisis4 #c4 ,prohibition of discrimination on account of use of section #h vouchers 7a7 ,in general ,section #hjd of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjd7 is amended by inserting after paragraph 7f7 the following new paragraph3 7g7 ,to discriminate in connection with the rental of a dwelling because the tenant or prospective tenant is the holder of a housing voucher4 4 7b7 ,definition ,section #hjb of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjb7 is amended by adding at the end the following new paragraph3 7p7 ,holder of a housing voucher means a holder of a voucher for rental assistance under subsection 7o7 or 7t7 of section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 4 #d4 ,penalties for intentional acts to disqualify dwelling units from eligibility for ,federal housing programs 7a7 ,violation ,an owner of a dwelling unit that is available for rental may not take any action1 or fail to take any action1 with the intent to make the dwelling unit insufficiently decent1 safe1 sanitary1 or inhabitable1 or cause such other physical condition1 so that the dwelling does not qualify for assistance within the jurisdiction of the ,department 7as such term is defined in section #ajb7m7 of the ,department of ,housing and ,urban ,development ,reform ,act of #aihi 7#db ,u4,s4,c4 #cede7m7774 7b7 ,civil money penalties ,any person who is found by the ,secretary of ,housing and ,urban ,development1 after notice and opportunity for a hearing in accordance with section #eed of title #e1 ,united ,states ,code1 to have violated subsection 7a7 shall be assessed a civil money penalty by the ,secretary in the amount of #ajj1jjj for each such action or failure to act4 7c7 ,liability to tenants ,a tenant who1 at the time of a violation under subsection 7a71 occupies the dwelling unit to which the violation relates may bring a civil action for damages in the following amounts3 7#a7 #ej1jjj for each action or failure to act in violation of subsection 7a74 7#b7 ,any actual damages and costs to the tenant resulting from the violation1 including any costs of finding a replacement dwelling unit4 #e4 ,resources for receiving and resolving complaints regarding multifamily housing projects 7a7 ,increased ,,hud staffing for complaint call staffing 7#a7 ,increased staffing ,the ,secretary shall1 not later than the expiration of the #ahj-;day period beginning on the date of the enactment of this ,act1 increase the staffing level for the ,multifamily ,housing ,complaint ,line established and operated by the ,multifamily ,housing ,clearinghouse of the ,department so that it is sufficient and appropriate to handle the volume of calls received without unreasonable waiting periods4 7#b7 ,authorization of appropriations ,for carrying out paragraph 7#a71 there are authorized to be appropriated to the ,secretary such sums as may be necessary for each fiscal year for carrying out paragraph 7#a74 7b7 ,multifamily housing complaint resolution program 7#a7 ,in general ,the ,secretary shall carry out a ,multifamily ,housing ,complaint ,resolution ,program for receiving complaints about multifamily housing projects from voucher users who reside in such projects and local governmental officials1 under which the ,secretary shall provide for-- 7,a7 gathering of information regarding each such complaint2 7,b7 determining whether there is a likelihood that there is any violation of the requirements under the rental assistance voucher program relating to such complaint2 7,c7 informing the owner or landlord of the complaint and any violations2 and 7,d7 attempting to resolve the complaint and violations1 including through mediation4 7#b7 ,resolution ,the ,secretary may provide for carrying out the activities required under paragraph 7#a77;,d7 through regional or field offices of the ,department or through such local or private organizations or agencies as the ,secretary determines have appropriate capabilities and expertise to carry out such activities4 7#c7 ,funding ,amounts made available for administrative fees under section #h7q7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7q77 shall be available for carrying out the program under this subsection4 7#d7 ,regulations ,not later than the expiration of the #ab-month period beginning on the date of the enactment of this ,act1 the ,secretary shall issue any regulations necessary to establish the ,program required under this subsection4 #f4 ,,hud disclosure of landlord complaints 7a7 ,public disclosure ,the ,secretary shall publicly disclose1 on a website of the ,department and on a timely basis1 information regarding each complaint received under the ,program establish pursuant to section #e7;b71 which shall include for each such complaint-- 7#a7 the nature of the complaint2 7#b7 the date on which such complaint was submitted to the ,department2 7#c7 the disposition1 as of the time of such disclosure1 of such complaint2 and 7#d7 information identifying the multifamily housing project to which such complaint relates4 7b7 ,reports to ,congress ,the ,secretary of ,housing and ,urban ,development shall submit a report annually to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate summarizing the complaints described in subsection 7a7 that were received by the ,department during the preceding year and describing the disposition to such date of such complaints4 #g4 ,tax credit incentive for maintenance of multifamily housing with voucher user tenants 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,t4 ,low-income housing maintenance credit 7a7 ,in general ,for purposes of section #ch1 in the case of an eligible landlord1 the low-income housing maintenance credit determined under this section for the taxable year is an amount equal to the amount of the taxpayer's low-income housing maintenance expenses for such taxable year4 7b7 ,limitations 7#a7 ,per unit limitation ,the credit allowed under subsection 7a7 with respect to any taxpayer for any taxable year shall not exceed the product of #b1ejj multiplied by the number of low-income housing units owned by the taxpayer4 7#b7 ,per building limitation ,the credit allowed under subsection 7a7 with respect to any taxpayer for any taxable year shall not exceed the product of #ajj1jjj multiplied by the number of eligible low-income housing projects owned by the taxpayer4 7#c7 ,per taxpayer limitation ,the credit allowed under subsection 7a7 with respect to any taxpayer for any taxable year shall not exceed #ejj1jjj4 7c7 ,eligible landlord ,for purposes of this section1 the term eligible landlord means any taxpayer for any taxable year if-- 7#a7 such taxpayer owns one or more eligible low-income housing projects during such taxable year1 and 7#b7 either-- 7,a7 each complaint that is filed1 under the program under section #e7;b7 of the ,landlord ,accountability ,act of #bjai1 during such taxable year with respect to a dwelling unit in an eligible low-income housing project owned by such taxpayer has been determined by the ,secretary of ,housing and ,urban ,development to have been remedied not later than the date which is #cj days after the date on which such complaint is so filed1 or 7,b7 no such complaint has been filed with respect to such a dwelling unit in such a housing project owned by such taxpayer during such taxable year4 7d7 ,other definitions ,for purposes of this section-- 7#a7 ,low-income housing maintenance expenses ,the term low-income housing maintenance expenses means the aggregate amount paid or incurred by the taxpayer during the taxable year for maintenance or improvement of low-income housing units4 7#b7 ,eligible low-income housing project ,the term eligible low-income housing project means1 with respect to a taxable year1 a housing project-- 7,a7 that consists of five or more dwelling units at least one of which was occupied during such year by a family who rented the dwelling unit using a voucher for rental assistance under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o772 and 7,b7 with respect to which the eligible landlord has entered into such binding agreements as the ,secretary of ,housing and ,urban ,development shall require to ensure that rents for dwelling units in the project do not1 at any time after the taxable year in which a low-income housing maintenance credit under this section is allowable1 exceed the applicable fair market rental under section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c77 for the market area in which the project is located4 7#c7 ,low-income housing unit ,the term low-income housing unit means a dwelling unit within an eligible low-income housing project4 7e7 ,aggregation rule ,all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb or subsection 7m7 or 7o7 of section #dad shall be treated as one person for purposes of applying this section4 ,the credit determined under subsection 7a7 7after application of subsection 7b77 shall be allocated among such persons in such manner as the ,secretary may prescribe4 7f7 ,termination ,no credit shall be determined under this section with respect to any taxable year beginning after ,december #ca1 #bjbi4 4 7b7 ,credit ,to be part of general business credit ,section #ch7;b7 of such ,code is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cg7 in the case of an eligible landlord 7as defined in section #de,s7c771 the low-income housing maintenance credit determined under section #de,s4 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,t4 ,low-income housing maintenance credit4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #h4 ,public display of tenant's rights and complaint line 7a7 ,required display ,an owner of a multifamily housing project in which three or more voucher users reside shall display1 at all times and in clear and conspicuous location on each floor of such project that contains any dwelling unit1 a written notice that includes-- 7#a7 a statement describing the rights under ,federal law afforded to tenants of the project who are voucher users2 7#b7 the phone number for the ,multifamily ,housing ,complaint ,line established and operated by the ,multifamily ,housing ,clearinghouse2 and 7#c7 the phone number for a regional or local office of the ,department which can provide tenants additional information regarding ,state and local resources for tenants4 7b7 ,civil money penalty ,any person who is found by the ,secretary of ,housing and ,urban ,development1 after notice and opportunity for a hearing in accordance with section #eed of title #e1 ,united ,states ,code1 to have failed to make a good faith effort to display notice complying with subsection 7a7 may be assessed a civil money penalty by the ,secretary in the amount of #ejj for each day of each such failure1 except that the ,secretary shall waive such penalty in any case in which an owner cures such violation within the #e-;day period beginning upon notice by the ,secretary of such violation4 7c7 ,model notice 7#a7 ,development ,not later than the expiration of the #ab-month period beginning on the date of the enactment of this ,act1 the ,secretary shall develop and publish in the ,federal ,register a model notice that fulfills the requirements under subsection 7a77#a74 7#b7 ,availability ,the ,secretary shall make copies of the notice developed pursuant to paragraph 7#a7 available1 upon request1 to owners of multifamily housing projects4 7d7 ,applicability ,subsections 7a7 and 7b7 shall apply beginning upon the expiration of the #fj-;day period that begins on the date that the ,secretary publishes notice in the ,federal ,register pursuant to subsection 7c77#a74 7e7 ,regulations ,not later than the expiration of the #ahj-;day period beginning on the date of the enactment of this ,act1 the ,secretary shall issue regulations to carry out this section4 #i4 ,grants for tenant harassment prevention programs 7a7 ,authority ,the ,secretary may1 to the extent amounts are made available for grants under this section1 make grants to ,states1 ,indian tribes1 units of local government1 and nonprofit1 nongovernmental affordable housing organizations to develop1 expand1 or assist tenant harassment prevention programs4 7b7 ,tenant harassment prevention program ,for purposes of this section1 the term tenant harassment prevention program means any program or activities designed to protect1 assist1 or educate tenants of residential rental dwelling units regarding harassing or illegal behavior by their landlords intended to force the tenant to vacate the dwelling unit or surrender any of their rights as tenants4 ,such term includes programs and activities providing legal assistance1 counseling1 education1 intervention1 complaint processes4 7c7 ,federal share ,the amount of a grant under this section for any tenant harassment prevention program may not exceed #ge percent of the total costs of the program or activities to be carried out1 including administrative costs4 7d7 ,applications ,the ,secretary shall provide for eligible entities specified in subsection 7a7 to apply for grants under this section1 which applications shall describe the tenant harassment prevention program to be assisted with grant amounts1 the activities to be carried out under the program1 and the projected costs of such activities2 7e7 ,selection ,the ,secretary shall select applicants to receive grants based on criteria that the ,secretary shall establish4 7f7 ,authorization of appropriations ,there are authorized to be appropriated #be1jjj1jjj for each of fiscal years #bjbj through #bjbd for grants under this section4 #aj4 ,definitions ,for purposes of this ,act1 the following definitions shall apply3 7#a7 ,multifamily housing project ,the term multifamily housing project means a housing project consisting of five or more dwelling units4 7#b7 ,rental assistance voucher ,the term rental assistance voucher means a voucher for rental assistance made available under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o774 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#d7 ,voucher user ,the term voucher user means a family who is renting a dwelling unit using a rental assistance voucher4 #aa4 ,regulations ,the ,secretary may issue any regulations necessary to carry out this ,act4