H.R. 2069 — what changed

changed This Act may be cited as the “Fostering Stable Housing Opportunities Act of 2017”.2018”.

added “(i) shall provide preferences”

changed “(A) making dwelling units “(ii) except as provided in public housing available for occupancy, which clause (iii), shall provide that—be based”

added “(iii) except for projects or portions of projects designated for occupancy pursuant to section 7(a), shall provide that the highest preference for occupancy shall be given to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of “at risk of homelessness” in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 39(c); and

added “(iv) may provide highest preference for occupancy to, in addition to eligible children described in clause (iii), not more than two other types of families.”

removed “(i) except for projects or portions of projects designated for occupancy pursuant to section 7(a), preference shall be given to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of “at risk of homelessness” in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 38(c); and

removed “(ii) the public housing agency may establish a system for making dwelling units that are not occupied pursuant to the preference under clause (i) available”

removed “(i) Children aging-out of foster care—In making tenant-based assistance under this subsection available on behalf of eligible families, each public housing agency shall give preference to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of “at risk of homelessness” in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 38(c).”

added “(ii) Highest preference—Each system of preferences established pursuant to this subparagraph—

added “(I) shall provide that the highest preference for assistance shall be given to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of “at risk of homelessness” in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 39(c); and

added “(II) may provide highest preference for assistance to, in addition to eligible children described in subclause (I), not more than two other types of eligible families.”

added “(J) Tenant selection

added “(i) Selection and eligibility—A public”

added “(ii) Preferences for occupancy—The agency or owner shall establish a system of preferences or criteria for selection for a unit assisted under this section that—

added “(I) shall provide that the highest preference shall be given to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of “at risk of homelessness” in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 39(c); and

added “(II) may provide highest preference to, in addition to eligible children described in subclause (I), not more than two other types of eligible families; and

added “(III) except as provided under subclause (I),”

added “(iii) Waiting lists—Any family that”

added “(i) with respect to assisted dwelling units in a project assisted with project-based assistance under this section, the tenant selection criteria used by the owner—

added “(I) shall provide that the highest preference shall be given to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of “at risk of homelessness” in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 39(c); and

added “(II) may provide highest preference to, in addition to eligible children described in subclause (I), not more than two other types of eligible families; and

removed “(i) in the case of assisted dwelling units in a project assisted with project-based assistance under this section, the tenant selection criteria used by the owner shall give preference to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses (i) and (ii) of paragraph (1) of the definition of “at risk of homelessness” in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 38(c); and

“(ii) with respect”

changed “38. “39. Terms and conditions on preference for assistance for children aging out of foster care

“(a) Preference—For purposes of this section, the term “preference for housing assistance” means preference, for an otherwise eligible child in foster care, for—

changed “(1) occupancy in a public housing dwelling unit, pursuant to section 6(c)(4)(A)(i);6(c)(4)(A)(iii);

changed “(2) tenant-based assistance under section 8(o), pursuant to paragraph (6)(A)(i) (6)(A)(ii)(I) of such section;

changed “(3) project-based assistance under section 8(o)(13), pursuant to subparagraph (J) (J)(ii)(I) of such section; and

changed “(4) occupancy in a dwelling unit in a project assisted with project-based assistance under section 8, pursuant to subsection (d)(1)(A)(i) (d)(1)(A)(i)(I) of such section.

“(b) Early application for assistance—Notwithstanding the period during which a preference for housing assistance is provided for a person, an otherwise eligible person may apply for such occupancy or assistance at any time after such person attains 16 years of age.

changed “(c) Requirement for employment, education, education or training

changed “(1) In general—Except Requirement—Except as provided in paragraph (2), each person occupying a dwelling unit pursuant to a preference for housing assistance shall be, shall, not later than 12 30 months after such initial occupancy and occupancy, comply with the requirements under one of the following subparagraphs, as selected by the public housing agency for at least 9 months or project owner of each successive 12-month period thereafter—the assisted housing dwelling unit involved, in consultation with relevant public child welfare agencies:

changed “(A) employed on average at least 35 hours of service per week;Option 1—The requirements under this subparagraph are—

changed “(B) engaged in vocational, technical, or workforce development training or in an apprenticeship, on a full-time basis, as classified by “(i) obtaining a vocational, technical, recognized postsecondary credential or workforce development training institution a secondary school diploma or entity;its recognized equivalent;

changed “(C) enrolled “(ii) enrollment in a secondary school, an institution of higher education, or other institution providing post-secondary education, on a full-time basis, as classified by an educational institution; such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) and including the institutions described in subparagraphs (A) and (B) of section 102(a)(1) of such Act (20 U.S.C. 1002(a)(1)); or

changed “(D) engaged “(iii) participation in a combination of activities described in subparagraphs (A) through (C) to career pathway, as such an extent that, term is defined in section 3 of the aggregate, such engagement is on such a full-time basis.Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

added “(B) Option 2—The requirements under this subparagraph are compliance with the terms and conditions applicable under section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) and the regulations implementing such section to a person participating in a family self-sufficiency program under such section, except that—

added “(i) a public housing agency may select the option under this subparagraph only if the agency is participating in such self-sufficiency program or has made such commitments to commence participation as the Secretary considers sufficient; and

added “(ii) a project owner of assisted housing may select the option under this subparagraph only if the public housing agency in whose jurisdiction the project is located is participating in such self-sufficiency program or has made such commitments to commence participation as the Secretary considers sufficient.

added “(C) Option 3—The requirements under this subparagraph are compliance with any combination of the terms, conditions, and requirements under subparagraphs (A) and (B), as may be established by the public housing agency, except that a project owner of assisted housing may select the option under this subparagraph only if the public housing agency in whose jurisdiction the project is located has selected the option under this subparagraph and has established such terms, conditions, and requirements. In designing such terms, conditions, and requirements, the public housing agency may consult with local workforce development agencies and other organizations and entities with expertise and experience in this field.

“(2) Exceptions—The requirement under paragraph (1) shall not apply to—

added “(A) a parent or other household member responsible for the care of a dependent child under the age of 6 or for the care of an incapacitated person;

added “(B) a person who is regularly and actively participating in a drug addiction or alcohol treatment and rehabilitation program; and

added “(C) a person who is incapable of complying with the requirement under paragraph (1) due to a documented medical condition.

added “(3) Verification of compliance—The Secretary shall require the public housing agency or project owner, as applicable, to verify compliance with the requirement under paragraph (1) by each person occupying a dwelling unit assisted or administered by such agency or owner, as applicable, pursuant to a preference for housing assistance annually in conjunction with reviews of income for purposes of determining eligibility for assistance described in subsection (a).

removed “(A) a person physically or mentally unfit for employment, as determined in accordance with such standards as the Secretary shall establish;

removed “(B) a parent or other household member responsible for the care of a dependent child under 6 or an incapacitated person; and

removed “(C) a person who is regularly and actively participating in a drug addiction or alcoholic treatment and rehabilitation program.

“(d) Limitation on bedrooms—A dwelling unit that is occupied by a person, or assisted with assistance made available on behalf of a person, pursuant to a preference for housing assistance may contain more than one bedroom only if such additional bedrooms are occupied only by other persons who occupy such dwelling unit, or receive assistance made available, pursuant to a preference for housing assistance.

added “(e) Supportive services

added “(1) Eligibility—Each person occupying a dwelling unit pursuant to a preference for housing assistance shall be eligible for any supportive services (as such term is defined in section 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) made available, in connection with any housing assistance program of the agency, by or through the public housing agency providing such preference or, in the case of a preference for housing assistance for housing not assisted by such agency, by or through the public housing agency in whose jurisdiction the housing is located, including any services provided under a family self-sufficiency program under section 23 of this Act.

added “(2) Information—Upon the initial provision of housing assistance for any person pursuant to a preference for such assistance, the public housing agency or owner, as applicable, shall inform such person of the existence of any programs or services referred to in paragraph (1) and of their eligibility for such programs and services.

added “(f) Termination of assistance—The public housing agency or project owner, as applicable, shall terminate any occupancy of, or assistance on behalf of, a person pursuant to any preference for housing assistance upon the person attaining 25 years of age or upon substantial noncompliance with the requirement under subsection (c), except that nothing in this subsection may be construed to prohibit the occupancy of housing assisted under this title by, or the provision of rental assistance under section 8 for, any person, or to affect the eligibility of any person for such occupancy or assistance, other than pursuant to a preference for housing assistance.

added “(g) Applicability to Moving to Work agencies—Notwithstanding any other provision of law, the preferences for housing assistance identified in subsection (a) of this section shall apply to assistance made available by each public housing agency participating in the Moving to Work Program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), except that in lieu of compliance with one of the options under subsection (c)(1) of this section, such an agency may comply with the requirement under such subsection by complying with such terms, conditions, and requirements as may be established by the agency for persons occupying dwelling units pursuant to a preference for housing assistance.

added “(h) Reports—The Secretary of Housing and Urban Development shall require each public housing agency that provides any preference for housing assistance pursuant to this section in any fiscal year to submit a report to the Secretary for such fiscal year that—

added “(1) specifies the number of applications for such preferences received during such fiscal year disaggregated by—

added “(A) the number received by persons who have attained 16 years of age but have not attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months; and

added “(B) the number received by persons who have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months;

added “(2) specifies the number of persons provided a preference for housing assistance during such fiscal year; and

added “(3) describes how the public housing agency communicated or collaborated with public child welfare agencies to collect such data.”

removed “(e) Termination of assistance—The public housing agency or project owner, as applicable, shall terminate any occupancy of, or assistance on behalf of, a person pursuant to any preference for housing assistance upon the person attaining 25 years of age or upon substantial noncompliance with the requirement under subsection (c), except that nothing in this clause may be construed to prohibit or affect the eligibility of any person for occupancy of housing assisted under this title or rental assistance under section 8, that is provided other than pursuant to a preference under this subparagraph.”

Paragraph (2) of section 521(a) of the Housing Act of 1949 (42 U.S.C. 1490a(a)(2)) is amended by adding at the end the following new subparagraph:

“(F)

changed “(i) In making occupancy in a project assisted under this paragraph, and rental assistance under this paragraph, available on behalf of eligible families, the project owner shall give preference to otherwise eligible children who—owner—

changed “(I) are in foster care;shall provide that the highest preference shall be given to otherwise eligible children who—

changed “(II) have attained an age such that the provision of “(aa) are in foster care for such child will end by reason of the age of the child within 6 months;care;

changed “(III) meet “(bb) have attained an age such that the requirements under clauses (i) and (ii) provision of paragraph (1) foster care for such child will end by reason of the definition of “at risk of homelessness” in section 91.5 age of the Secretary of Housing and Urban Development’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016; andchild within 6 months;

changed “(IV) have agreed to comply with “(cc) meet the requirements under clause (iii).clauses (i) and (ii) of paragraph (1) of the definition of “at risk of homelessness” in section 91.5 of the Secretary of Housing and Urban Development’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016; and

changed “(ii) Notwithstanding the period during which a preference pursuant “(dd) have agreed to clause (i) for occupancy in a project assisted under this paragraph or for rental assistance under this paragraph is provided for a person, an otherwise eligible person may apply for such occupancy or assistance at any time after comply with the person attains 16 years of age.requirements under clause (iii); and

added “(II) may provide highest preference to, in addition to eligible children described in subclause (I), not more than two other types of eligible families.

added “(ii) Notwithstanding the period during which a preference pursuant to clause (i)(I) for occupancy in project assisted under this paragraph or for rental assistance under this paragraph is provided for a person, an otherwise eligible person may apply for such occupancy or assistance at any time after the person attains 16 years of age.

“(iii)

removed “(I) Except as provided in subclause (II), each person occupying a dwelling unit pursuant to a preference under this subparagraph shall be, not later than 12 months after such initial occupancy and for at least 9 months of each successive 12-month period thereafter—

removed “(aa) employed on average at least 35 hours of service per week;

changed “(bb) engaged in vocational, technical, or workforce development training or “(I) Except as provided in an apprenticeship, on subclause (II), each person occupying a full-time basis, as classified by dwelling unit pursuant to a vocational, technical, or workforce development training institution or entity;preference under clause (i)(I) shall, not later than 30 months after such initial occupancy, be—

changed “(cc) enrolled in “(aa) obtaining a secondary school, an institution of higher education, recognized postsecondary credential or other institution providing post-secondary education, on a full-time basis, as classified by an educational institution; orsecondary school diploma or its recognized equivalent;

changed “(dd) engaged “(bb) enrolled in a combination an institution of activities described in items (aa) through (cc) to higher education, as such an extent that, term is defined in section 101(a) of the aggregate, such engagement is on Higher Education Act of 1965 (20 U.S.C. 1001(a)) and including the institutions described in subparagraphs (A) and (B) of section 102(a)(1) of such a full-time basis.Act (20 U.S.C. 1002(a)(1)); or

added “(cc) participating in a career pathway, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

“(II) The requirement under subclause (I) shall not apply to—

removed “(aa) a person physically or mentally unfit for employment, as determined in accordance with such standards as the Secretary shall establish;

changed “(bb) “(aa) a parent or other household member responsible for the care of a dependent child under the age of 6 or for the care of an incapacitated person; andperson;

changed “(cc) “(bb) a person who is regularly and actively participating in a drug addiction or alcoholic alcohol treatment and rehabilitation program.program; and

changed “(iv) A dwelling unit that is occupied by “(cc) a person pursuant to a preference under this subparagraph may contain more than one bedroom only if such additional bedrooms are occupied only by other persons who occupy such dwelling unit pursuant is incapable of complying with the requirement under subclause (I) due to a preference under this subparagraph.documented medical condition.

changed “(v) “(III) The project owner Secretary shall terminate any occupancy of require a person pursuant project owner to the preference under clause (i) upon the person attaining 25 years of age or upon substantial noncompliance verify compliance with the requirement under clause (ii), except that nothing in this clause may be construed to prohibit or affect the eligibility of any by each person for occupancy in occupying a project assisted under this paragraph or for rental assistance under this paragraph, other than dwelling unit pursuant to a preference under this subparagraph.”clause (i)(I) annually in conjunction with reviews of income for purposes of determining eligibility for assistance described in clause (i).

added “(iv) A dwelling unit that is occupied by a person pursuant to a preference under clause (i)(I) may contain more than one bedroom only if such additional bedrooms are occupied only by other persons who occupy such dwelling unit pursuant to a preference under clause (i)(I).

added “(v) The project owner shall terminate any occupancy of a person pursuant to the preference under clause (i)(I) upon the person attaining 25 years of age or upon substantial noncompliance with the requirement under clause (iii), except that nothing in this clause may be construed to prohibit the occupancy in a project assisted under this paragraph by, or the provision of rental assistance under this paragraph for, any person, or to affect the eligibility of any person for such occupancy or assistance, other than pursuant to a preference under clause (i)(I).”