H.R. 149 — what changed
Housing Fairness Act of 2020
From Introduced in House to Reported in House. 5 sections amended between Introduced in House and Reported in House.
Section 1 Short title
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This Act may be cited as the “Veterans, Women, Families with Children, Race, and Persons with Disabilities Housing Fairness Act of 2019” or the “Housing Fairness Act of 2019”.2020”.
Sec. 2 Testing for discrimination
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In General—Eligible activity under FHIP— The Secretary Subsection (a) of section 561 of the Housing and Urban Community Development shall conduct a nationwide program Act of testing to—1987 (42 U.S.C. 3616a(a)) is amended—
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detect and document differences in the treatment matter preceding paragraph (1), by inserting after “discriminatory housing practices” the following: “or, in the case of persons seeking to rent grants or purchase contracts for activities under paragraph (3) with qualified private, non-profit fair housing or obtain or refinance a home mortgage loan, enforcement organizations that have demonstrated expertise in managing and measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, implementing regional or national origin of a renter, home buyer, or borrower; andtesting programs to address systemic fair housing issues”;
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measure the prevalence of such discriminatory practices across in paragraph (1), by striking “and” at the housing and mortgage lending markets as a whole.end;
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in paragraph (2), by striking the period at the end and inserting “; and”; and
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by adding at the end the following:
added “(3) programs of regional or national testing and investigations to (i) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan, and measure patterns of differential treatment because of the status of a renter, home buyer, or borrower as a member of the protected classes under the Fair Housing Act (42 U.S.C. 3601 et seq.), and (ii) measure the prevalence, nature, and extent of discriminatory practices covered under the Fair Housing Act.”
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Administration—Regulations— The Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall enter into agreements with qualified fair housing enforcement organizations, as such organizations are defined issue regulations that apply the minimum tester training standards required under subsection (h) section 125.107 of title 24, Code of Federal Regulations, to organizations conducting testing under section 561 561(a)(3) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), for 1987, as added by the purpose amendment made by subsection (a)(4) of conducting the testing required this section. Any subsequent amendments, changes, and updates to such minimum standards shall apply to all activities under subsection (a).such section 561.
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Program requirements— The Secretary shall—
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submit to the Congress an evaluation by the Secretary of the effectiveness of the program under this section; and
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issue regulations that require each application for the program under this section to contain—
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a description of the assisted activities proposed to be undertaken by the applicant;
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a description of the experience of the applicant in formulating or carrying out programs to carry out the activities described in subsection (a); and
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a description of proposed procedures to be used by the applicant for evaluating the results of the activities proposed to be carried out under the program.
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Report— The Secretary of Housing and Urban Development shall report to Congress—
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on a biennial basis, the aggregate outcomes of testing required under subsection (a) along with any recommendations or proposals for legislative or administrative action to address any issues raised by such testing; and
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on an annual basis, a detailed summary of the messages received by the Office of Fair Housing and Equal Opportunity of the Department through its 24-hour toll-free telephone hotline, through electronic mail, and through its website.
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Use of Results— The results of any testing required under subsection (a) may be used as the basis for the Secretary, or any Federal agency authorized to bring such an enforcement action, or any State or local government or agency, public or private nonprofit organization or institution, or other public or private entity that the Secretary has entered into a contract or cooperative agreement with under section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) to commence, undertake, or pursue any investigation or enforcement action to remedy any discriminatory housing practice (as such term is defined in section 802 of the Fair Housing Act (42 U.S.C. 3602)) uncovered as a result of such testing.
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Definitions— As used in this section:
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Disability status— The term disability status has the same meaning given the term handicap in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602).
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Familial status— The term familial status has the same meaning given that term in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602).
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Relationship to other laws— Nothing in this section may be construed to amend, alter, or affect any provision of criminal law or the Truth in Lending Act (15 U.S.C. 1601 et seq.).
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Regulations— Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for the training of testers of organizations conducting testing required under subsection (a). Such regulations shall serve as the basis of an evaluation of such testers, which shall be developed by the Secretary, and such regulations shall be issued after notice and an opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(3)(B), and (d)(3) of such section).
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Authorization of Appropriations— There are authorized to be appropriated to carry out the provisions of this section $15,000,000 for each of fiscal years 2020 through 2024.
Sec. 3 Fair Housing Initiatives Program
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In general—Amendments to program— Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended—
in subsection (b)—
in paragraph (1), by inserting “qualified” before “private nonprofit fair housing enforcement organizations,”; and
in paragraph (2), by inserting “qualified” before “private nonprofit fair housing enforcement organizations,”;
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by striking in subsection (g) and inserting (c), by adding at the end the following:
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“(g) Authorization “(3) Program-earned income—No restrictions on the use of Appropriationsprogram-earned income received by qualified fair housing enforcement organizations shall apply after the grant period for such organization ends.”
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“(1) In general—There are authorized to be appropriated to carry out the provisions of this section $42,500,000 for each of fiscal years 2020 through 2024, of which—
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“(A) not less than 75 percent of such amounts shall be for private enforcement initiatives authorized under subsection (b);
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“(B) not more than 10 percent of such amounts shall be for education and outreach programs under subsection (d); and
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“(C) any remaining amounts shall be used for program activities authorized under this section.
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“(2) Availability—Any amount appropriated under this section shall remain available until expended to carry out the provisions of this section.”
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in subsection (h), in the matter following subparagraph (C), by inserting “and meets the criteria described in subparagraphs (A) and (C)” after “subparagraph (B)”; and
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was (2)(6)
in subsection (d)—
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was (2)(6)(2)
in paragraph (1)—
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was (2)(6)(2)(2)
in subparagraph (C), by striking “and” at the end;
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was (2)(6)(2)(3)
in subparagraph (D), by striking the period and inserting “; and”; and
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by adding after subparagraph (D) the following:
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by adding after subparagraph (D) the following new subparagraph:
“(E) websites and other media outlets.”
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in paragraph (2), by striking “or other public or private entities” and inserting “or other public or private nonprofit entities”;
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in paragraph (3), by striking “or other public or private entities” and inserting “or other public or private nonprofit entities”; and
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by adding at the end the following:
added “(4) Limitation—Notwithstanding any other provision of this section, a State or local agency certified by the Secretary under section 810(f) of the Fair Housing Act may receive assistance under this subsection only to carry out activities eligible for assistance under this subsection in areas in which no qualified fair housing enforcement organization is available to carry out such activities.
added “(5) Eligibility—Notwithstanding any other provision of this section, if an award of funding under subsection (b) for multiple fiscal years has been made to a qualified fair housing enforcement organization, such organization is, subject only to the availability of amounts provided in appropriation Acts, eligible to receive funding under this subsection for each fiscal year covered by such award under subsection (b).”
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in subsection (e)—
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in paragraph (1) by striking “Banking, Finance and Urban Affairs” and inserting “Financial Services”; and
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in paragraph (2), by striking “or other public or private entities” and inserting “or other public or private nonprofit entities”; andadding at the end the following:
added “(2) Priority—In providing assistance under this section with respect to metropolitan statistical areas for which there are multiple applications for such assistance, the Secretary shall give priority to applications submitted by qualified fair housing enforcement organizations that have experience in conducting fair housing enforcement activities.”
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by striking subsection (g) and inserting the following:
added “(g) Authorization of Appropriations
added “(1) In general—There are authorized to be appropriated to carry out this section—
added “(A) $58,000,000 for each of fiscal years 2021 through 2025, of which—
added “(i) $55,000,000 shall be available for any activities under this section other than programs under subsection (a)(3), of which—
added “(I) not less than $38,000,000 shall be for private enforcement initiatives authorized under subsection (b);
added “(II) not less than $1,500,000 shall be for the fair housing organizations initiative under subsection (c);
added “(III) not less than $10,000,000 shall be for the education and outreach initiative under subsection (d), of which—
added “(aa) at least $8,000,000 shall be for local education and outreach activities; and
added “(bb) at least $2,000,000 shall be for national media activities; and
added “(IV) any remaining amounts shall be used for any program activities authorized under this section; and
added “(ii) $3,000,000 shall be available only for programs under subsection (a)(3); and
added “(B) $70,000,000 for each of fiscal years 2026 through 2031, of which—
added “(i) for each such fiscal year, $65,000,000 shall be available for any activities under this section other than programs under subsection (a)(3), of which—
added “(I) not less than $44,000,000 shall be for private enforcement initiatives authorized under subsection (b);
added “(II) not less than $1,500,000 shall be for the fair housing organizations initiative under subsection (c);
added “(III) not less than $12,500,000 shall be for the education and outreach initiative under subsection (d), of which—
added “(aa) at least $10,000,000 shall be for local education and outreach activities; and
added “(bb) at least $2,500,000 shall be for national media activities; and
added “(IV) any remaining amounts shall be used for any program activities authorized under this section; and
added “(ii) for each such fiscal year $5,000,000 shall be available only for programs under subsection (a)(3).
added “(2) Availability—Any amount appropriated under this section shall remain available until expended to carry out the provisions of this section.
added “(3) Award of funding—Within 90 days after the date of the enactment of any Act making amounts available to carry out this section, the Secretary shall issue a Notice of Funding Availability with respect to such amounts and, within 180 days after such date of enactment, the Secretary shall award such amounts.”
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in subsection (h)(1), in the matter following subparagraph (C), by inserting “and meets the criteria described in subparagraphs (A) and (C)” before the period at the end; and
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in subsection (j)—
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in the matter preceding paragraph (1), by inserting “regarding such preceding fiscal year,” after “comprehensive report”; and
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in paragraph (2), by striking “and the use of such funds during the preceding fiscal year” and inserting “, the use of such funds during the preceding fiscal year, and outcomes such as the number of housing units made available and accessible to protected classes under the Fair Housing Act (42 U.S.C. 3601 et seq.)”.
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in paragraph (3), by striking “or other public or private entities” and inserting “or other public or private nonprofit entities”.
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Regulations—Study— Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the The Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for conduct a study to determine the training of testers feasibility, efficiency, and effectiveness of organizations funded with any amounts made available to carry out this converting the Fair Housing Initiatives Program under section for any 561 of fiscal years 2020 through 2024. Such regulations shall serve as the basis Housing and Community Development Act of an evaluation 1987 (42 U.S.C. 3616a) into a noncompetitive, entitlement program to provide general operating funding to qualified fair housing organizations, the appropriate levels of funding for such testers, which shall be developed by a program taking into consideration the Secretary, number of such qualified funding recipients, and shall what factors should be issued after notice and an opportunity for public comment considered in accordance with providing for an equitable distribution to qualified recipients of funding. The Secretary shall submit a report to the procedure Congress setting forth the results of the study under section 553 this subsection not later than the expiration of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(3)(B), and (d)(3) the 12-month period beginning on the date of the enactment of this Act, which shall include any recommendations regarding such section).conversion of the program.
Sec. 4 Sense of Congress
It is the sense of Congress that the Secretary of Housing and Urban Development should—
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fully comply with the requirements of section 561(d) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(d)) to establish, design, and maintain a national education and outreach program to provide a centralized, coordinated effort for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home;of—
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materials and information about the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; and
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materials and information about the fair housing responsibilities of industry professionals providing products and services covered under the Fair Housing Act (42 U.S.C. 3601 et seq.);
expend for such education and outreach programs all amounts appropriated for such programs;
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promulgate fully reinstate the regulations promulgated on July 16, 2015 (80 Fed. Reg. 42271), regarding the fair housing obligations of each recipient of Federal housing and community development funds to affirmatively further fair housing, as that term is defined under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.); and
fully comply with the requirements of section 810(a) of the Fair Housing Act (42 U.S.C. 3610(a)).
Sec. 5 Grants to public and private entities to study housing discrimination
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Grant Program— The Secretary of Housing and Urban Development shall carry out a competitive matching grant program to assist public and private nonprofit non-profit organizations in—
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conducting comprehensive studies that examine—examine issues regarding housing discrimination and segregation and the Fair Housing Act, including—
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the causes of housing discrimination and segregation;segregation, including their effects on members of protected classes under the Fair Housing Act, and their effects on education, poverty, economic development, health, and other socioeconomic factors;
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the incidence, causes, and effects of housing discrimination and segregation based on education, poverty, and economic development; orpersonal characteristics not protected under the Fair Housing Act, including—
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veteran and military status; and
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source of income;
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the incidences, causes, ways in which the use of algorithms and effects artificial intelligence in the housing and mortgage lending markets impact the availability of housing discrimination for protected classes under the Fair Housing Act, including the use of digital and segregation on veterans online platforms in the advertising and military personnel; andprovision of housing and other services covered under the Fair Housing Act; or
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any additional topics of study related to the implementation and expansion of the Fair Housing Act; or
implementing pilot projects that test solutions that will help prevent or alleviate housing discrimination and segregation.
Eligibility— To be eligible to receive a grant under this section, a public or private nonprofit organization shall—
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submit an application to the Secretary of Housing and Urban Development, containing such information as the Secretary shall require;containing—
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the issues the applicant will address and a justification for the need to address such issues;
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the applicant’s experience in formulating or carrying out programs or activities described in this section; and
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the geographical area and period of time to be studied;
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agree to provide matching non-Federal funds for 50 10 percent of the total amount of the grant, which matching funds may include monetary donations and items donated on an in-kind contribution basis; and
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meet the requirements of a qualified fair housing enforcement organization, as such term is defined in section 561(h) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), or subcontract with a qualified fair housing enforcement organization as a primary subcontractor.3616a(h)).
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Partnerships with academic institutions— A public or private nonprofit organization applying for a grant under this section may partner with an academic or educational organization or institution for the purpose of carrying out activities assisted with such grant amounts.
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was (4)
Report— The Secretary of Housing and Urban Development shall submit a report to the Congress on a biennial basis that provides a detailed summary of the results of the comprehensive studies and pilot projects carried out under subsection (a), together with any recommendations or proposals for legislative or administrative actions to address any issues raised by such studies. The Secretary may submit the reports required under this subsection as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42 U.S.C. 3608(e)) and section 561(j) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)).
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Authorization of Appropriations— There are authorized to be appropriated to carry out the provisions of this section $5,000,000 for each of fiscal years 2021 through 2025.
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Authorization of Appropriations— There are authorized to be appropriated to carry out the provisions of this section $5,000,000 for each of fiscal years 2020 through 2024.