,i #aaith ,,congress #ast ,session ,h4 ,r4 #cjdi ,,in ,,the ,,house ,,of ,,representatives ,april #bh1 #bjbe,mrs4 ,ramirez 7for herself1 ,ms4 ,tlaib1 ,mr4 ,gomez1 ,mr4 ,casar1 and ,ms4 ,pressley7 introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committee on ,ways and ,means1 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 ,united ,states ,housing ,act of #aicg and the ,internal ,revenue ,code to promote the establishment of tenant organizations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tenants' ,right to ,organize ,act4 #b4 ,sense of the ,congress ,it is the sense of the ,congress that all members of a household receiving tenant-based rental assistance have the right to decent1 safe1 stable1 and sanitary housing4 #c4 ,housing choice voucher tenant organizations ,section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77 is amended by adding at the end the following3 7#bc7 ,right to organize 7,a7 ,in general ,a tenant-- 7i7 has the right to establish1 operate1 and participate in a legitimate tenant organization for the purpose of addressing issues related to their living environment1 which includes-- 7,i7 the terms and conditions of their tenancy2 and 7,,ii7 activities related to housing and community development2 7ii7 has the right to speak to the public1 including media1 elected officials1 and government agencies with respect to their right to decent1 safe1 and sanitary housing in compliance with relevant housing codes1 fair housing statutes1 and any other requirements2 and 7iii7 may not be retaliated against for asserting such rights4 7,b7 ,required engagement 7i7 ,public ,housing ,agencies ,each public housing agency shall-- 7,i7 recognize legitimate tenant organizations2 7,,ii7 give reasonable consideration to concerns raised by legitimate tenant organizations2 7,,iii7 solicit feedback from any legitimate tenant organization within the public housing agency1 including-- 7aa7 if a public housing agency is required to complete an annual public housing agency plan1 feedback with respect to the plan2 or 7bb7 if a public housing agency has an exemption under section #e7;b77#c71 soliciting feedback not less than once each year2 7,,iv7 after receiving feedback from a legitimate tenant organization-- 7aa7 except as provided in item 7bb71 meaningfully respond in writing to such comment not later than #fj days after receiving such feedback2 and 7bb7 with respect to exigent poor housing conditions1 respond in writing to the feedback not later than #cj days after receiving such feedback2 and 7,v7 seek resident advisory board appointments from legitimate tenant organizations4 7ii7 ,owners of units ,each owner shall-- 7,i7 recognize legitimate tenant organizations2 7,,ii7 give reasonable consideration to concerns raised by legitimate tenant organizations2 and 7,,iii7 allow tenant organizers to assist tenants in the establishment and operation of legitimate tenant organizations4 7,c7 ,protections 7i7 ,in general ,each public housing agency and each owner may not-- 7,i7 interfere with the right of any tenant to establish and operate a legitimate tenant organization2 and 7,,ii7 retaliate against any tenant or tenant organizer because of their association with or participation in activities related to a legitimate tenant organization4 7ii7 ,protected activities ,each public housing agency1 each owner1 and agents thereof shall permit tenants and tenant organizers to conduct the following activities related to the establishment or operation of a legitimate tenant organization3 7,i7 ,distributing leaflets in lobby areas4 7,,ii7 ,placing leaflets at or under doors of tenants4 7,,iii7 ,distributing leaflets in common areas4 7,,iv7 ,initiating contact with tenants4 7,v7 ,conducting door-to-door surveys of tenants to ascertain interest in establishing a legitimate tenant organization and to offer information about tenant organizations4 7,,vi7 ,posting information on bulletin boards4 7,,vii7 ,assisting tenants with participation in tenant organization activities4 7,,viii7 ,convening regularly scheduled tenant organization meetings in a space on-site and accessible to tenants1 in a manner that is fully independent of representatives of the public housing agency or the owner1 unless invited by the tenant organization to specific meetings to discuss a specific issue or issues4 7,,ix7 ,assisting tenants in-- 7aa7 creating a resident advisory board or resident council2 and 7bb7 appointing tenants to serve on a resident advisory board or resident council4 7,x7 ,speaking to the public1 including the media1 elected officials1 and government agencies4 7,,xi7 ,formulating a response to a request by the owner or public housing agency for approval of rent increases or other discretionary decisions affecting residents4 7,,xii7 ,other reasonable activities related to the establishment or operation of a legitimate tenant organization4 7iii7 ,permission ,a public housing agency or owner may not require tenants or tenant organizers to obtain prior permission before engaging in the activities permitted under this paragraph4 7iv7 ,presumption ,if a public housing agency or owner takes an adverse action against a tenant or tenant organizer that is a member of a legitimate tenant organization during the #ahj-;day period beginning on the date on which the tenant engages in a protected activity under this subparagraph1 there shall be a rebuttable presumption that the adverse action is an act of retaliation relating to the participation of the tenant in the tenant organization4 7,d7 ,notice of right to organize ,each public housing agency shall notify each tenant of the rights described under this paragraph4 7,e7 ,prohibition on interference and retaliation ,each public housing agency and each owner may not-- 7i7 interfere with the right of tenants to establish and operate a legitimate tenant organization2 or 7ii7 retaliate against any tenant or tenant organizer because of their association with or participation in activities related to a legitimate tenant organization4 7,f7 ,meeting spaces 7i7 ,in general ,each public housing agency and owner shall make available the use of any community room or other available space appropriate for meetings within the building or project when requested by a legitimate tenant organization and used for activities related to the establishment or operation of a legitimate tenant organization4 7ii7 ,accessibility ,if the building or project has an accessible common area or areas1 such facilities shall reasonably be made available for legitimate tenant organization meetings to ensure such meetings are accessible to persons with disabilities1 unless it is impractical for reasons beyond the control of the public housing agency or owner4 7iii7 ,fees ,an owner of a building or project may charge a reasonable1 customary1 and usual fee1 as may normally be imposed for the use of such facilities4 7,g7 ,definitions ,in this paragraph3 7i7 ,adverse action ,the term adverse action means1 in response to a tenant's exercise of rights described in this paragraph-- 7,i7 the termination or non-renewal of a lease2 7,,ii7 the termination of assistance under this section2 7,,iii7 a decrease or delay in services provided to the tenant by the owner or public housing agency2 7,,iv7 an unplanned increase of rent or fees2 7,v7 the threat or initiation of a lawsuit against a lessee2 7,,vi7 a violation of tenant privacy2 or 7,,vii7 the harassment of a tenant or tenant organizers4 7ii7 ,legitimate tenant organization ,the term legitimate tenant organization means1 in a building or project with #c or more families receiving assistance under this section1 an organization that-- 7,i7 meets regularly and operates democratically2 7,,ii7 is representative of all tenants in the building or project2 7,,iii7 is completely independent from a public housing agency1 owner1 landlord1 management of the building or development1 and any representatives of such entities2 7,,iv7 has been established for the purpose described in subparagraph 7,a72 and 7,v7 includes newly formed resident organizing committees1 which do not require specific structures1 written by-laws1 elections1 or resident petitions4 7iii7 ,tenant ,the term tenant means a family or any member of a family that receives assistance under this section4 7iv7 ,tenant organizer 7,i7 ,in general ,the term tenant organizer means an individual who-- 7aa7 assists tenants in establishing and operating a legitimate tenant organization2 and 7bb7 is not an employee or representative of current or prospective owners or agents or the owners4 7,,ii7 ,building policies 7aa7 ,policy against canvassing ,if a building or project has consistently enforced a written policy against canvassing1 any tenant organizer who is not a tenant shall be accompanied by a tenant while on the property of the building or project4 7bb7 ,policy in favor of canvassing ,if a building or project has a written policy favoring canvassing1 any tenant organizer who is not a tenant shall be afforded the same privileges and rights of access as any other uninvited outside parties in the normal course of operations of the building or project4 7cc7 ,no policy on canvassing ,if a building or project does not have a consistently enforced1 written policy against canvassing1 the building or project shall be treated as if it has a policy favoring canvassing4 4 #d4 ,,lihtc tenant organizations 7a7 ,in general ,section #db7;g7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#aj7 ,,lihtc tenant organizations 7,a7 ,rights of tenants ,in the case of any qualified low-income housing project which is an applicable project1 families occupying rent-restricted units in such project shall have the same right as families described in section #h7o77#bc77;,b77i71 7ii7 and 7iii7 of the ,united ,states ,housing ,act of #aicg4 7,b7 ,responsibilities of owners and state housing credit agencies ,in the case of any applicable project1 such project shall not be treated as a qualified low-income housing project for purposes of this section unless-- 7i7 each owner of such project meets requirements which are the same as the requirements of clauses 7i7 and 7iii7 of subparagraph 7,c7 and subparagraph 7,d7 of section #h7o77#bc7 of the ,united ,states ,housing ,act of #aicg1 and 7ii7 each ,state housing credit agency meets requirements which are the same as the requirements of clauses 7i7 and 7ii7 of subparagraph 7,c7 and subparagraph 7,d7 of such section4 7,c7 ,applicable project ,for purposes of this paragraph1 the term applicable project means-- 7i7 any project which is placed in service after the date of enactment of this ,act2 and 7ii7 any project-- 7,i7 which was placed in service on or before the date of enactment of such ,act2 and 7,,ii7 for which the date of enactment of such ,act occurred before the end of the compliance period for such project4 7,d7 ,notice of right to organize 7i7 ,in general ,each ,state housing credit agency shall notify each tenant living at a qualified low-income housing project of the right to organize as described in paragraph 7#aj7 annually4 7ii7 ,tenancy addendum ,the ,secretary shall require each ,state housing credit agency-- 7,i7 that has implemented a standard lease1 lease addendum1 or other guidance to owners of a qualified low-income housing project1 to amend that document to include language affirming lessees' right to organize provided for in this paragraph2 or 7,,ii7 that performs lease-based evaluations of low income-housing tax credit compliance to include in that evaluation a requirement to include a written affirmation of the tenant's right to organize as provided for in this paragraph4 7,e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this paragraph4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #e4 ,enforcement 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,assistant ,secretary for ,public and ,indian ,housing of the ,department of ,housing and ,urban ,development shall1 in coordination with the ,secretary of the ,treasury1 establish a protocol for the enforcement of paragraph 7#bc7 of section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#bc771 as added by section #c of this ,act1 and paragraph 7#aj7 of section #db7;g7 of the ,internal ,revenue ,code of #aihf1 as added by section #d of this ,act1 that-- 7#a7 reflects or integrates the existing enforcement protocol for tenants protected under section #bjb of the ,housing and ,community ,development ,amendments ,act of #aigh 7#ab ,u4,s4,c4 #agaez-#a;b71 where possible2 7#b7 creates a mechanism for administrative complaints to be filed1 cataloged1 and investigated regarding public housing agencies1 ,state housing credit agencies1 owners1 landlords1 management1 and their representatives' alleged violation of their obligation not to interfere with the right of tenants to establish and operate a legitimate tenant organization1 which shall-- 7,a7 provide families a remedy when the agency determines a violation of the obligation not to interfere with the right of tenants to establish and operate a legitimate tenant organization2 7,b7 include an independent investigation of tenant and advocate allegations of abuse2 7,c7 keep tenants informed about the progression of any complaint2 and 7,d7 provide confidentiality if necessary1 including in cases where alleged abuse is extreme and targeted2 7#c7 prohibits withholding the tenant-based assistance under such section #h7o7 or the denial of the right to occupy an assisted unit or a rent-restricted unit1 or any other right or privilege required to be provided as a condition of the tenant-based assistance or the project being treated as a qualified low-income housing project until such complaint is closed2 and 7#d7 if relevant1 appropriately refers complaints related to potential violation of fair housing laws to the ,office of ,fair ,housing and ,equal ,opportunity at the ,department of ,housing and ,urban ,development4 7b7 ,establishment of private right of action ,tenants may file an action at law or in equity1 in ,federal or ,state court1 including for injunctive relief1 to enforce the various provisions of this ,act4 7c7 ,report ,the ,secretary of ,housing and ,urban ,development shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives a quarterly report on the enforcement of this section that-- 7#a7 provides all data at both the property-level and jurisdiction-level2 and 7#b7 includes-- 7,a7 the volume of outstanding complaints2 7,b7 the average response time to an initial complaint2 7,c7 the average time it takes to close a complaint2 and 7,d7 information about the type of issues reported by tenants that necessitated enforcement action4 #f4 ,funding for tenant and other participation and capacity building ,paragraph 7#c7 of section #ead7;f7 of the ,multifamily ,assisted ,housing ,reform and ,affordability ,act of #aiig 7#db ,u4,s4,c4 #adcg;f note7 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the first sentence-- 7i7 by striking not more than and inserting not less than2 7ii7 by inserting for predevelopment assistance to enable such transfers1 after owners712 and 7iii7 by striking of low-income housing for which project-based rental assistance is provided at below market rent levels and may not be renewed 7including transfer of developments to tenant groups1 nonprofit organizations1 and public entities71 for tenant services and inserting the following3 and improvement of low-income housing for which project-based rental assistance1 public housing subsidies1 low-income housing tax credits1 ,federal or ,state subsidized loans1 enhanced vouchers under section #h7t7 of the ,united ,states ,housing ,act of #aicg1 or project-based vouchers under section #h7o7 of such ,act are provided or proposed2 and 7,b7 by adding at the end the following3 7,d7 ,outreach and technical assistance grants 7i7 ,in general ,not later than #a year after the date of the enactment of this subparagraph1 the ,secretary shall establish a grant program to award amounts for the purposes of1 under this paragraph-- 7,i7 outreach and training of tenants by eligible entities2 and 7,,ii7 the provision of technical assistance by eligible entities to tenant groups4 7ii7 ,eligible entities ,to be eligible for a grant under this subparagraph1 an entity shall be a nonprofit organization that-- 7,i7 has not less than #b years of experience with the organization and provision of assistance to tenants2 and 7,,ii7 is independent from any owners1 prospective purchasers1 or any agents thereof of a residential development4 7iii7 ,assistance to eligible entities ,the ,secretary may provide assistance and training to recipients of amounts under subparagraph with respect to-- 7,i7 administrative and fiscal management2 and 7,,ii7 compliance with any ,federal requirements4 7iv7 ,expedited funding ,the ,secretary shall expedite the provision of funding for the fiscal year in which the date of the enactment of this subparagraph occurs by entering into an interagency agreement for not less than #a1jjj1jjj with the ,corporation for ,national and ,community ,service to conduct a tenant outreach and training program4 7v7 ,flexible grants ,the ,secretary shall make available flexible grants under this subparagraph to qualified nonprofit organizations that do not own eligible multifamily properties1 for tenant outreach in underserved areas1 and to experienced national or regional nonprofit organizations to provide specialized training or support to grantees assisted under this subsection4 7vi7 ,funding for subsequent fiscal years ,notwithstanding any other provision of law1 amounts authorized under this subparagraph for any fiscal year shall be available for obligation in subsequent fiscal years4 7vii7 ,reports ,the ,secretary shall require each recipient of amounts made available pursuant to this subparagraph to submit to the ,secretary a report1 on a quarterly basis1 detailing the use of such amounts1 including such information as the ,secretary shall require4 4 #g4 ,provision of funds to resident councils ,the ,secretary of ,housing and ,urban ,development shall1 not later than #a year after the date of the enactment of this ,act1 provide each resident council1 as described in section #ifd4ajj of title #bd1 ,code of ,federal ,regulations1 #dj per unit per year1 to be increased annually to keep pace with inflation4