,,ii #aafth ,,congress #ast ,session ,s4 #cjhh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjai,ms4 ,duckworth 7for herself1 ,mr4 ,durbin1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to provide assistance to public housing agencies that have failing properties in their inventories in order to protect the health and safety of public housing residents1 to allow consortia to enter into single annual contributions contracts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,averting ,crises in ,housing ,assistance ,act or the ,,acha ,act4 #b4 ,oversight of failing properties ,section #f of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;d7 is amended by adding at the end the following3 7u7 ,oversight of failing properties 7#a7 ,definitions ,in this subsection3 7,a7 ,applicable public housing agency ,the term applicable public housing agency means a public housing agency that has a public housing inventory that includes a failing property4 7,b7 ,early intervention mechanism ,the term early intervention mechanism means the early intervention mechanism developed by the ,secretary under paragraph 7#b77;,a74 7,c7 ,failing property ,the term failing property means any facility-- 7i7 with a uniform physical condition score that is less than #fj2 7ii7 that has a failure that would disqualify the facility under the physical condition standards described in section #e4gjc of title #bd1 ,code of ,federal ,regulations1 or any successor regulation2 or 7iii7 for which not less than #be percent of the residents of the facility or a resident advisory board established under section #e;,a7e7 has submitted to ,secretary a complaint described paragraph 7#b77;,d74 7,d7 ,good condition ,the term good condition1 with respect to a property in the public housing inventory of a public housing agency1 means a condition that does not have any of the criteria described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,c74 7,e7 ,performance indicators ,the term performance indicators means the indicators described in subsection 7j77#a74 7#b7 ,establishment of early intervention mechanism 7,a7 ,in general ,not later than #fj days after the date of enactment of this subsection1 the ,secretary shall establish an early intervention mechanism under which the ,secretary shall-- 7i7 identify properties in the public housing inventory of public housing agencies that are not in good condition2 and 7ii7 partner with public housing agencies to which properties identified under clause 7i7 belong to assist those public housing agencies in-- 7,i7 preserving to the greatest extent possible1 the public housing stock of each public housing agency as public housing2 and 7,,ii7 rehabilitating the public housing stock of each public housing agency in a manner that qualifies the public housing agency1 with respect to each property described in clause 7i71 as meeting a satisfactory standard of performance under the performance indicators4 7,b7 ,identification of failing properties 7i7 ,identification ,not later than #fj days after the date on which the ,secretary establishes the early intervention mechanism1 and every year thereafter1 the ,secretary shall1 under the early intervention mechanism-- 7,i7 identify each property of each public housing agency that is not in good condition2 and 7,,ii7 designate each property identified under subclause 7,i7 as a failing property4 7ii7 ,appeal and petition ,not later than #fj days after the date on which the ,secretary establishes the early intervention mechanism1 the ,secretary shall establish procedures for an applicable public housing agency to-- 7,i7 appeal a designation made under clause 7i77,,ii72 7,,ii7 petition for removal of a designation made under clause 7i77,,ii72 and 7,,iii7 appeal any refusal to remove a designation made under clause 7i77,,ii74 7iii7 ,publication ,the ,secretary shall-- 7,i7 publish a list of each failing property on the internet website of the ,department of ,housing and ,urban ,development2 7,,ii7 update the list described in subclause 7,i7 not less frequently than every #fj days2 and 7,,iii7 require each applicable public housing agency to post a notice on the internet website of the public housing agency1 if applicable1 and in each common area and at each entrance of each failing property of the public housing agency to alert residents of any such designation4 7,c7 ,agreement and notification ,not later than #ij days after the date on which the ,secretary designates a property as a failing property1 or1 if an applicable public housing agency makes an appeal or a petition under subparagraph 7,b77ii7 and that appeal or petition is denied1 not later than #ij days after the date on which the appeal or petition is denied1 the ,secretary shall-- 7i7 enter into an agreement with the public housing agency to which the failing property belongs-- 7,i7 under which the public housing agency shall establish an action plan to restore the failing property to good condition2 and 7,,ii7 that provides-- 7aa7 a timeline for preserving the failing property in a manner consistent with subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77ii72 and 7bb7 a deadline by which the failing property shall be required to be restored in a manner that qualifies the applicable public housing agency the public housing inventory of which includes the failing property1 with respect to the failing property1 as meeting a satisfactory standard of performance under the performance indicators2 7ii7 notify the residents of the failing property of the timeline and deadline described in clause 7i7 by requiring the public housing agency to post a notice of the timeline and deadline on the internet website of the public housing agency1 if applicable1 and in each common area and at each entrance of the failing property2 and 7iii7 provide technical assistance and other resources to the public housing agency1 including assistance and resources that-- 7,i7 prioritize preserving the failing property as public housing if it is financially feasible to bring the property into good condition2 7,,ii7 minimize1 to the greatest extent possible1 the dislocation of tenants who wish to remain in the failing property2 7,,iii7 provide housing vouchers to tenants who wish to relocate during the rehabilitation of the failing property1 and pay for any associated moving costs2 7,,iv7 permit a tenant who relocated under subclause 7,,iii7 to return to the failing property after the property has been restored to good condition1 and pay for any associated moving costs2 and 7,v7 restore the failing property in a manner that qualifies the public housing agency1 with respect to the failing property1 as meeting a satisfactory standard of performance under the performance indicators and in accordance with the agreement entered into under clause 7i74 7,d7 ,complaint process ,the ,secretary shall establish a process by which residents of public housing or a resident advisory board established under section #e;,a7e7 may submit to the ,secretary a complaint that provides that the public housing-- 7i7 is in a failing condition2 and 7ii7 does not meet the physical condition standards described in section #e4gjc of title #bd1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,private cause of action 7,a7 ,in general ,if the ,secretary and an applicable public housing agency fail to restore a failing property included in the public housing inventory of the applicable public housing agency to good condition by the date that is #a year after the date on which the public housing agency establishes an action plan relating to the failed property under paragraph 7#b77;,c71 or1 if an applicable public housing agency makes an appeal or a petition under paragraph 7#b77;,b7 and that appeal or petition is denied1 not later than #a year after the date on which that appeal or petition is denied1 a resident of the failing property may maintain an action against the ,secretary in an appropriate district court of the ,united ,states4 7,b7 ,relief ,upon proof that the ,secretary and an applicable public housing agency have failed to restore a failing property to good condition by a preponderance of the evidence in an action under subparagraph 7,a71 the court may award appropriate relief to the resident of the failing property who brought the action1 including-- 7i7 injunctive relief to require the ,secretary to restore the failing property to good condition2 7ii7 compensatory damages2 7iii7 the costs of suit2 and 7iv7 reasonable fees for any attorney and expert witness of the resident4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,capital ,fund under section #i7;d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d77 #gj1jjj1jjj1jjj to carry out this subsection4 4 #c4 ,receivership process 7a7 ,amendment to the ,united ,states ,housing ,act of #aicg ,section #f7;j77#c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;d7j77#c77 is amended by adding at the end the following3 7,i7 ,consultation with public housing residents 7i7 ,in general ,if the ,secretary 7or an administrative receiver appointed by the ,secretary7 takes possession of a public housing agency 7including all or part of any project or program of the agency71 or if a receiver is appointed by a court1 in carrying out the duties of the ,secretary or receiver under this paragraph1 the ,secretary or receiver shall consult with the public housing residents of the public housing agency4 7ii7 ,requirements ,the consultation conducted under clause 7i7 shall include-- 7,i7 providing notice to the residents of the receivership1 including the contact information for an individual or entity that residents may contact for maintenance requests and other property management responsibilities and file complaints2 7,,ii7 holding #a informational meeting for the residents before the ,secretary takes possession of the public housing agency or another receiver is appointed2 and 7,,iii7 holding in-person meetings with the residents on not less frequently than a monthly basis regarding the receivership4 7,j7 ,purpose of receivership process ,the purpose of the receivership process under this paragraph is to-- 7i7 preserve1 without demolition or disposition1 the public housing of each public housing agency2 7ii7 preserve the health and safety of public housing residents of the public housing agency2 and 7iii7 minimize1 to the greatest extent possible1 the dislocation of tenants who wish to remain in their dwelling units4 4 7b7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall revise any relevant regulation1 policy1 or guideline of the ,department of ,housing and ,urban ,development to conform with the amendment made by subsection 7a74 #d4 ,ability of consortia to enter into single annual contributions contracts 7a7 ,in general ,section #ac7;a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgk7a77 is amended by adding at the end the following3 7#d7 ,single annual contributions contracts 7,a7 ,in general ,on and after the date on which the ,secretary promulgates regulations under subparagraph 7,b71 subject to the approval of the ,secretary1 each consortium described in paragraph 7#a7 may enter into a single annual contributions contract under which the consortium-- 7i7 shall be a separate legal entity from each public housing agency participating in the consortium2 and 7ii7 shall be deemed a single public housing agency for purposes of this ,act4 7,b7 ,regulations ,not later than #a year after the date of enactment of the ,averting ,crises in ,housing ,assistance ,act1 the ,secretary shall promulgate regulations relating to requirements for any consortium described in paragraph 7#a7 desiring to enter into a single annual contributions contract under subparagraph 7,a7 of this paragraph1 including requirements relating to obtaining the approval of the ,secretary to enter into such a single annual contributions contract under that subparagraph4 4 7b7 ,clerical amendment ,section #c7;b77#f77;,b77i7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#f77;,b77i77 is amended by striking consortia and inserting consortium4