Section 1 Short title
This Act may be cited as the “Fairness in Public Housing Act of 2016”.
Fairness in Public Housing Act of 2016
A BILL
To ensure that public housing dwelling units are occupied by low-income families, and for other purposes.
Sec. 2 Termination of tenancy of over-income families residing in public housing
In general— Subsection (a) of section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n(a)) is amended by adding at the end the following new paragraph:
“(5) Termination of tenancy of over-income families residing in public housing
“(A) Ineligibility—Except as provided in subparagraph (C), a public housing agency shall terminate the tenancy of any family residing in a dwelling unit in public housing administered by such agency that is determined, pursuant to an income review conducted in accordance with the second sentence of section 3(a)(1) (42 U.S.C. 1437a(a)(1)), to have an income at the time of such determination exceeding 125 percent of the area median income, unless, as of the time of such termination, there are no families registered on the waiting list for admission to public housing administered by the agency and no families applying for occupancy in public housing administered by the agency.
“(B) Notice and timing—Upon an income determination described in subparagraph (A) for a family, the public housing agency shall provide the family with notice of termination of the tenancy of family. Such termination, if required pursuant to subparagraph (A), shall take place upon the expiration of the 90-day period beginning upon the income determination involved.
“(C) Treatment of certain over-income tenants—Subparagraph (A) shall not apply to a family occupying a dwelling unit in public housing pursuant to paragraph (5) of section 3(a) (42 U.S.C. 1437a(a)(5)).”
Regulations— Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue such regulations as may be necessary to implement the amendment made by subsection (a).