[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3685 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3685
To provide emergency rental assistance under the Emergency Solutions
Grants program of the Secretary of Housing and Urban Development in
response to the public health emergency resulting from the coronavirus,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2020
Mr. Brown (for himself, Mr. Schumer, Mr. Van Hollen, Mr. Schatz, Ms.
Cortez Masto, Ms. Warren, Mr. Menendez, Ms. Smith, Mr. Reed, Mr. Wyden,
Ms. Baldwin, Mrs. Gillibrand, Mrs. Murray, Mr. Merkley, Ms. Hirono, Mr.
Markey, Ms. Hassan, Ms. Harris, Mr. Booker, Mrs. Feinstein, Ms.
Stabenow, Mr. Blumenthal, Mr. Durbin, Mr. Leahy, Ms. Klobuchar, Mr.
Sanders, Mr. Bennet, Mr. Whitehouse, Mr. Heinrich, and Ms. Duckworth)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide emergency rental assistance under the Emergency Solutions
Grants program of the Secretary of Housing and Urban Development in
response to the public health emergency resulting from the coronavirus,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Rental Assistance and
Rental Market Stabilization Act of 2020''.
SEC. 2. EMERGENCY RENTAL ASSISTANCE.
(a) Authorization of Appropriations.--There is appropriated to the
Secretary of Housing and Urban Development (referred to in this section
as the ``Secretary''), out of amounts in the Treasury not otherwise
appropriated, $100,000,000,000 for grants under the Emergency Solutions
Grants program under subtitle B of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11371 et seq.) for fiscal year 2020,
to remain available until expended (subject to subsections (d) and (n)
of this section), to be used for providing rental assistance in
accordance with section 415(a)(4) of such Act (42 U.S.C. 11374(a)(4))
and this section.
(b) Definition of at Risk of Homelessness.--Notwithstanding section
401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360(1)), for purposes of assistance made available with amounts made
available pursuant to subsection (a), the term ``at risk of
homelessness'' means, with respect to an individual or family, that the
individual or family--
(1) has an income below 80 percent of the median income for
the area as determined by the Secretary; and
(2) has an inability to attain or maintain housing
stability or has insufficient resources to pay for rent or
utilities due to financial hardships.
(c) Income Targeting and Calculation.--For purposes of assistance
made available with amounts made available pursuant to subsection (a)--
(1) each grantee of such amounts shall use--
(A) not less than 40 percent of the amounts
received only for providing assistance for individuals
or families experiencing homelessness or at risk of
homelessness who have incomes not exceeding 30 percent
of the median income for the area as determined by the
Secretary;
(B) not less than 70 percent of the amounts
received only for providing assistance for individuals
or families experiencing homelessness or at risk of
homelessness who have incomes not exceeding 50 percent
of the median income for the area as determined by the
Secretary; and
(C) the remainder of the amounts received only for
providing assistance to individuals or families
experiencing homelessness or at risk of homelessness
who have incomes not exceeding 80 percent of the median
income for the relevant geographic area as determined
by the Secretary, except that if a grantee demonstrates
to the satisfaction of the Secretary that the
population in the geographic area served by the grantee
having such incomes is sufficiently being served with
respect to activities eligible for funding with such
amounts, such grantee may establish a higher percentage
limit for purposes of subsection (b)(1), which shall
not in any case exceed 120 percent of the area median
income; and
(2) in determining the income of a household--
(A) the calculation of income performed at the time
of application for such assistance shall consider only
income that the household is currently receiving at
such time and any income recently terminated shall not
be included;
(B) the calculation of income performed with
respect to households receiving ongoing assistance
(such as medium-term rental assistance) 3 months after
initial receipt of assistance shall consider only the
income that the household is receiving at the time of
such review; and
(C) the calculation of income performed with
respect to households receiving assistance for
arrearages shall consider only the income that the
household was receiving at the time such arrearages
were incurred.
(d) 3-Year Availability.--
(1) In general.--Each grantee of amounts made available
pursuant to subsection (a) shall--
(A) expend not less than 60 percent of such grant
amounts within 2 years of the date that such funds
became available to the grantee for obligation; and
(B) expend 100 percent of such grant amounts within
3 years of such date.
(2) Reallocation after 2 years.--The Secretary may
recapture any amounts not obligated in compliance with
paragraph (1)(A) and reallocate such amounts to grantees in
compliance with the formula referred to in subsection
(h)(1)(A).
(3) Rescission and reallocation of funds.--Any amounts made
available pursuant to subsection (a) that are not expended by a
grantee to provide assistance in accordance with this section
by the deadline under paragraph (1)(B) shall be reallocated by
the Secretary as follows:
(A) 65 percent shall be transferred and credited to
the Housing Trust Fund established under section 1338
of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568).
(B) 35 percent shall be transferred or credited to
the Capital Magnet Fund established under section 1339
of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4569).
(e) Rent Restrictions.--
(1) Inapplicability.--Section 576.106(d) of title 24, Code
of Federal Regulations, shall not apply with respect to
homelessness prevention assistance made available with amounts
made available under subsection (a).
(2) Amount of rental assistance.--In providing homelessness
prevention assistance with amounts made available under
subsection (a), the maximum amount of rental assistance that
may be provided shall be the greater of--
(A) 120 percent of the higher of--
(i) the Fair Market Rent established by the
Secretary for the metropolitan area or county;
or
(ii) the applicable Small Area Fair Market
Rent established by the Secretary; or
(B) such higher amount as the Secretary shall
determine is needed to cover market rents in the area.
(f) Subleases.--Notwithstanding the second sentence of subsection
(g) of section 576.106 of title 24 of the Code of Federal Regulations,
a program participant may sublet, with rental assistance made available
with amounts made available pursuant to subsection (a) of this section,
a dwelling unit from a renter of the dwelling unit if there is a
legally binding, written lease agreement for such sublease.
(g) Housing Relocation or Stabilization Activities.--A grantee of
amounts made available pursuant to subsection (a) may expend up to 25
percent of its allocation for activities under section 415(a)(5) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11374(a)(5)), except
that notwithstanding such section, activities under such section may be
provided only for individuals or families having incomes not exceeding
50 percent of the area median income.
(h) Allocation of Assistance.--
(1) In general.--In allocating amounts made available
pursuant to subsection (a), the Secretary shall--
(A)(i) for any purpose authorized in this section,
allocate 2 percent of such amount for Indian tribes and
tribally designated housing entities (as such terms are
defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103)) under the formula established pursuant to
section 302 of such Act (25 U.S.C. 4152), except that
0.3 percent of the amount allocated under this clause
shall be allocated for the Department of Hawaiian Home
Lands; and
(ii) not later than 30 days after the date of
enactment of this Act, obligate and disburse the
amounts allocated pursuant to clause (i) in accordance
with such allocations and provide such grantees with
any necessary guidance for use of the funds; and
(B)(i) not later than 7 days after the date of
enactment of this Act and after setting aside amounts
under subparagraph (A), allocate 50 percent of any such
remaining amounts under the formula specified in
subsections (a), (b), and (e) of section 414 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11373) for, and notify, each State, metropolitan city,
and urban county that is to receive a direct grant of
such amounts; and
(ii) not later than 30 days after the date of
enactment of this Act, obligate and disburse the
amounts allocated pursuant to clause (i) in accordance
with such allocations and provide such grantees with
any necessary guidance for use of the funds; and
(C)(i) not later than 45 days after the date of
enactment of this Act, allocate any remaining amounts
for eligible grantees according to a formula to be
developed by the Secretary that takes into
consideration the formula referred to in subparagraph
(A) and the need for emergency rental assistance under
this section, including the severe housing cost burden
among extremely low- and very low-income renters and
disruptions in housing and economic conditions,
including unemployment; and
(ii) not later than 30 days after the date of the
allocation of such amounts pursuant to clause (i),
obligate and disburse such amounts in accordance with
such allocations.
(2) Allocations to states.--
(A) In general.--Notwithstanding section 576.202(a)
of title 24, Code of Federal Regulations, a State
recipient of an allocation under this section may elect
to administer up to 100 percent of its allocation to
carry out activities eligible under this section.
(B) Requirement.--Any State recipient making an
election described in subparagraph (A) shall serve
households throughout the entire State, including
households in rural communities and small towns.
(3) Election not to administer.--If a grantee elects not to
receive funds under this section, such funds shall be allocated
to the State recipient in which the grantee is located.
(4) Partnerships and subgrantees.--A recipient of a grant
under this section may distribute funds through 1 or more
partnerships, subgrantees, or contracts with an entity,
including a public housing agency (as such term is defined in
section 3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b))), capable of carrying out a program under this
section.
(i) Inapplicability of Matching Requirement.--Section 416(a) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11375(a)) shall not
apply to any amounts made available pursuant to subsection (a) of this
section.
(j) Reimbursement of Eligible Activities.--Amounts made available
pursuant to subsection (a) may be used by a grantee to reimburse
expenditures incurred for eligible activities under this section after
March 27, 2020.
(k) Prohibition on Prerequisites.--None of the funds made available
pursuant to this section may be used to require any individual
receiving assistance under the program under this section to receive
treatment or perform any other prerequisite activities as a condition
for receiving shelter, housing, or other services.
(l) Waivers and Alternative Requirements.--
(1) In general.--
(A) Authority.--In administering the amounts made
available pursuant to subsection (a), the Secretary may
waive, or specify alternative requirements for, any
provision of any statute or regulation that the
Secretary administers in connection with the obligation
by the Secretary or the use by the recipient of such
amounts (except for requirements related to fair
housing, nondiscrimination, labor standards,
prohibition on prerequisites, data reporting, and the
environment unless otherwise provided under this
paragraph), if the Secretary finds that good cause
exists for the waiver or alternative requirement and
such waiver or alternative requirement is necessary to
expedite the use of funds made available pursuant to
this section, to respond to public health orders or
conditions related to the COVID-19 emergency, or to
ensure that eligible individuals can attain or maintain
housing stability.
(B) Required waiver.--The Secretary shall waive any
regulatory requirements that restrict eligibility based
upon prior receipt of assistance under the program
during the 3-year period preceding the date of
enactment of this Act.
(C) Public notice.--The Secretary shall notify the
public through the Federal Register or other
appropriate means of any waiver or alternative
requirement under this paragraph, and that such public
notice may be provided, at a minimum, on the internet
at the appropriate Government website or through other
electronic media, as determined by the Secretary.
(2) Public hearings.--
(A) Inapplicability of in-person hearing
requirements during the covid-19 emergency.--
(i) In general.--A grantee under this
section shall not be required to hold in-person
public hearings in connection with its citizen
participation plan, but shall provide citizens
with notice, including publication of its plan
for carrying out this section on the internet,
and a reasonable opportunity to comment of not
less than 5 days.
(ii) Resumption of in-person hearing
requirements.--After the period beginning on
the date of enactment of this Act and ending on
the date of the termination by the Federal
Emergency Management Agency of the emergency
declared on March 13, 2020, by the President
under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 4121 et
seq.) relating to the Coronavirus Disease 2019
(COVID-19) pandemic, and after the period
described in subparagraph (B), the Secretary
shall direct grantees under this section to
resume pre-crisis public hearing requirements.
(B) Virtual public hearings.--
(i) In general.--During the period that
national or local health authorities recommend
social distancing and limiting public
gatherings for public health reasons, a grantee
may fulfill applicable public hearing
requirements for all grants from funds made
available pursuant to this section by carrying
out virtual public hearings.
(ii) Requirements.--Any virtual hearings
held under clause (i) by a grantee under this
section shall provide reasonable notification
and access for citizens in accordance with the
grantee's certifications, timely responses from
local officials to all citizen questions and
issues, and public access to all questions and
responses.
(m) Development and Submission of Plans.--
(1) Resubmission of plans.--A recipient of funds made
available pursuant to this section may revise and resubmit its
plan for executing a program or programs under this section to
the Secretary at anytime during the first 180 days of
initiating the program.
(2) Consultation.--In developing a plan to carry out this
section, each recipient of funds made available pursuant to
this section shall consult with the applicable Continuum or
Continuums of Care for the geographic area served by the
recipient and organizations representing underserved
communities and populations and organizations with expertise in
affordable housing.
(n) Administration.--
(1) By secretary.--Of any amounts made available pursuant
to subsection (a)--
(A) not more than the lesser of 0.5 percent, or
$15,000,000, may be used by the Secretary for staffing,
training, technical assistance, technology, monitoring,
research, and evaluation activities necessary to carry
out the program carried out under this section, and
such amounts shall remain available until September 30,
2024; and
(B) not more than $2,000,000 shall be available to
the Office of the Inspector General for audits and
investigations of the program authorized under this
section.
(2) By recipients.--Subsection (a) of section 576.108 of
title 24 of the Code of Federal Regulations shall be applied,
with respect to amounts made available pursuant to this
section, by substituting ``10'' for ``7.5''.
<all>
Emergency Rental Assistance and Rental Market Stabilization Act of 2020
#3685 | S Congress #116
Policy Area: Housing and Community Development
Subjects: Administrative remediesAppropriationsCardiovascular and respiratory healthDepartment of Housing and Urban DevelopmentEmergency medical services and trauma careHomelessness and emergency shelterHousing and community development fundingInfectious and parasitic diseasesLandlord and tenantLow- and moderate-income housing
Last Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (5/12/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text