Healthy at Home Act of 2023
A BILL
To combat toxic indoor mold, and for other purposes.
Sec. 2 Definitions
In this Act:
Indoor residential mold— The term indoor residential mold means any form of multicellular fungi in indoor environments, including cladosporium, penicillium, alternaria, aspergillus, fusarium, trichoderma, memnoniella, mucor, stachybotrys chartarum, streptomyces, and epicoccumoften found in water-damaged indoor environments and building materials.
Residential mold inspection— The term residential mold inspection means an inspection, by a certified or licensed mold inspector or other indoor environmental professional, including through the Real Estate Assessment Center, of real property that is designed to discover—
indoor mold growth in residential properties;
conditions that facilitate indoor residential mold growth; or
indicia of conditions that are likely to facilitate indoor residential mold growth.
Toxigenic mold— The term toxigenic mold means any indoor mold growth that may be capable of producing a toxin or toxic compound, including mycotoxins and mVOCs, that can cause pulmonary, respiratory, neurological, gastrointestinal, or dermatological illnesses, or other major adverse health impacts, as jointly determined by the Director of the National Institutes of Health, the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, and the Director of the Centers for Disease Control and Prevention.
Sec. 3 Interagency research on health impacts of indoor residential mold
Research—
In general— As soon as practicable after the date of enactment of this Act, the Director of the National Institute of Environmental Health Sciences at the National Institutes of Health, in conjunction with the Secretary of Housing and Urban Development, the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Health and Human Services, the President of the National Academy of Sciences, and the Chair of the board of directors of the National Institute of Building Sciences shall jointly conduct a comprehensive study of the health effects of indoor residential mold growth, using the most up-to-date scientific peer-reviewed medical literature.
Contents— The study conducted under paragraph (1) shall ascertain, among other things—
detailed information about harmful or toxigenic mold, as well as any toxin or toxic compound such mold can produce;
the most accurate research-based methods of detecting harmful or toxigenic mold;
potential dangers of prolonged or chronic exposure to indoor residential mold growth;
the hazards involved with inadequate residential mold inspections and improper indoor residential mold remediation;
the estimated current public health burden of new or exacerbated physical illness resulting from exposure to indoor residential mold, including its disproportionate impact on vulnerable communities, including children and seniors;
improved understanding of the different health symptomology that can result from exposure to mold in indoor residential environments;
ongoing surveillance of the prevalence of idiopathic pulmonary hemorrhage (AIPH) in infants; and
longitudinal studies on the effects of indoor old exposure in early childhood on the development of asthma and other respiratory illnesses.
Availability— Not later than the expiration of the 3-year period beginning on the date of the enactment of this Act, the results of the study conducted under paragraph (1) shall be submitted to Congress and the President and made available to the general public.
Sec. 4 Health, safety, and habitability standards and model standards
Model standards for preventing, detecting, and remediating indoor residential mold growth— Based on the results of the interagency health study conducted under section 3, the Administrator of the Environmental Protection Agency, in conjunction with the Secretary of Housing and Urban Development, the Director of the Centers for Disease Control and Prevention, the Assistant Secretary of Labor for Occupational Safety and Health at the Occupational Safety and Health Administration, the Secretary of Energy, the Executive Director of the National Institute of Building Sciences, and the President of the National Academy of Sciences shall, in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; Public Law 104–113), jointly issue model health, safety, and habitability standards for preventing, detecting, and remediating indoor residential mold growth, including—
model indoor residential mold inspection standards;
model indoor residential mold remediation standards;
standards for testing the toxicity of indoor residential mold and any toxin or toxic compound produced by indoor residential mold;
health and safety standards for the protection of indoor residential mold inspectors and remediators;
standards for indoor residential mold testing labs;
model ventilation standards for the design, installation, and maintenance of air ventilation or air-conditioning systems to prevent indoor residential mold growth or the creation of conditions that foster indoor mold growth in residential properties; and
model building code standards to control moisture and prevent mold growth in indoor residential environments.
Consultation— To the maximum extent possible, model standards issued under this section shall be developed in consideration of the needs and vulnerabilities of low-income populations and with the assistance of—
organizations that develop mold and water damage standards;
organizations involved in establishing national building construction standards;
representatives of State or local authorities responsible for building inspections and issuance of certificates of occupancy;
organizations involved in improving indoor air quality;
public health advocates; and
health and medical professionals, including practitioners that care for children and other vulnerable populations.
Resiliency— Model standards issued under this section shall take into account geographic diversity, propensity for extreme weather or flooding, and other resiliency metrics.
Deadlines—
Public review and comment— The officers identified in subsection (a) shall make draft standards issued under this section available for public review and comment at least 90 days prior to publication of the final standards or model standards pursuant to paragraph (2).
Publication— Not later than 3 years after the results of the study conducted under section 3 are submitted to Congress in accordance with such section, the officers identified in subsection (a) shall issue, and make available to the public, final standards and model standards under this section.
Review and updates— The officers identified in subsection (a) shall—
review the model standards issued under this section at least once every 3 years based on latest scientific advances and published studies relating to indoor residential mold growth; and
update such standards and model standards as necessary to adequately and effectively inform the public and protect human health, preserve and improve the quality of federally-assisted housing, and reduce the displacement of tenants.
Physical condition inspections— Not later than 3 years after the publication of standards and model standards under subsection (a), the Secretary of Housing and Urban Development shall revise the requirements for conducting uniform physical condition inspections under part 5 of title 24, Code of Federal Regulations, or any successor regulation, to incorporate the model standards issued under this section, as applicable.
Sec. 5 Mapping
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall, using the previous two years of inspection data, establish a geographic information system mapping tool that identifies areas which are impacted by a known presence of indoor residential mold.
Required inclusions— The Secretary shall include, as part of the mapping tool—
inspection documentation;
management and occupancy reviews;
transfers of budget authority for contracts under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); and
any additional information, as required by the Secretary.
Updates— The Secretary shall update the mapping tool with the latest inspection data not less often than once per year.
Sec. 6 Housing stock quality requirements
Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (v) the following new subsection:
“(w) Standards for physical condition and management of housing receiving assistance payments
“(1) Standards—Any entity receiving housing assistance payments under this section shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, and comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any insured or non-insured property covered under a housing assistance payment contract for project-based assistance.
“(2) Remediation—The Secretary shall take action under paragraph (3) when a multifamily housing project with a housing assistance payment contract under this section or a contract with the Department of Housing and Urban Development for similar project-based assistance—
“(A) receives a failing score on a physical inspection by the Department; or
“(B) fails to certify in writing to the Secretary within 3 days that all severe health or safety deficiencies identified at the project by the inspector have been corrected.
“(3) Notice of default
“(A) Issuance—Within 15 days of the issuance of the Real Estate Assessment Center inspection, the Secretary shall provide the owner with a notice of default that shall include a specified timetable, determined by the Secretary, for correcting all deficiencies.
“(B) Copies—The Secretary shall provide a copy of the notice of default to the tenants of the property, the local government for the jurisdiction within which the property is located, any mortgagees, and any contract administrator.
“(C) Appeal; withdrawal—If the owner appeals the notice of default and the appeal results in a passing Uniform Physical Condition Standards score for the property, the Secretary may withdraw the notice of default.
“(4) Enforcement—If the owner fails to fully correct all deficiencies identified in the notice of default by the end of the time period for correcting such deficiencies specified in the notice, the Secretary shall, in consultation with the tenant organization, one or more of the following actions, and provide additional notice of those actions to the owner and the parties specified in paragraph (3)(B) to improve property conditions and preserve housing assistance:
“(A) Take any regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary to improve property conditions, protect tenants from displacement and harm, and preserve the housing assistance.
“(B) Require immediate replacement of the project management with a management agent approved by the Secretary.
“(C) Abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected.
“(D) Pursue transfer of the project to an owner approved by the Secretary, in consultation with the tenant organization, under established procedures, who shall be obligated to promptly make all required repairs and to accept renewal of the assistance contract if such renewal is offered, in conjunction with the appropriate public housing agency or other local entity.
“(E) Transfer the existing section 8 contract to another project or projects and owner or owners who have demonstrated financial and organizational capacity to rehabilitate the project, in consultation with tenants and the appropriate public housing agency.
“(F) Pursue exclusionary sanctions, including suspensions or debarments from Federal programs.
“(G) Relocate tenants while providing the same level of housing assistance.
“(H) Seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies.
“(I) Cooperate with receivership efforts by State or local governments or lenders which aim to improve the property conditions and preserve the project-based housing assistance.
“(J) Work with the owner, lender, tenants, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital or other resources.
“(5) Prohibition on rent increases—Effective upon the expiration of the 12-month period beginning on the date of the enactment of this subsection, the Secretary shall prohibit any increases in rents for dwelling units in the property until the owner fully corrects all deficiencies identified in the notice of default or demonstrates an ability to financially address conditions by—
“(A) providing a rehabilitation plan, developed in consultation with the tenants and approved by the Secretary; and
“(B) separately demonstrating a written and enforceable commitment by the tenants and the Secretary that any increases will address the conditions of the property.
“(6) Infeasible properties—The Secretary shall take appropriate steps to ensure that project-based contracts for rental assistance remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety, taken after written notice to the affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that a property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of—
“(A) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), and
“(B) environmental conditions that cannot be remedied in a cost-effective fashion,
“(7) Reporting
“(A) In general—The Secretary shall submit a report to the Committees on Financial Services of the House of Representatives and Banking, Housing, and Urban Affairs of the Senate semi-annually identifying all properties covered by this subsection that received a failing physical inspection score or have received an unsatisfactory management and occupancy review during the 36-month period ending upon submission of such report. Each such report shall include—
“(i) identification of the enforcement actions being taken to address such conditions leading to such score at each such property, including imposition of civil money penalties and termination of subsidies, and identification of properties that have such conditions multiple times;
“(ii) identification of actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties; and
“(iii) any recommendations for administrative or legislative actions to further improve the living conditions at such properties.
“(B) Timing—The first report required under subparagraph (A) shall be submitted not later than 30 days after the date of the enactment of this subsection, and the second report shall be submitted within 180 days of the submission of the first report.”
Sec. 7 Construction requirements for public housing and certain other federally-assisted construction
Effective date; applicability— The Secretary of Housing and Urban Development shall take such actions and impose such standards and conditions as may be necessary or appropriate to ensure that any public housing constructed after the date of the issuance of the model construction standards and techniques established under subsection (b), is constructed in accordance with such model standards and techniques.
Model construction standards—
In general— The Secretary of Housing and Urban Development, jointly with the Executive Director of the National Institute of Building Sciences, and the President of the National Academy of Sciences, to the extent such Director and President agree to participate, shall develop model construction standards and techniques for preventing and controlling indoor residential mold in new residential buildings.
Contents— The model standards and techniques shall provide for geographic differences in construction types and materials, geology, weather, and other variables that may affect indoor residential mold levels in new buildings.
Consultation— To the maximum extent possible, such standards and techniques shall be developed with—
the assistance of organizations involved in establishing national building construction standards and techniques;
the assistance of organizations that develop mold and water damage standards;
representatives of State or local authorities responsible for building inspections and the issuance of certificates of occupancy;
public health advocates; and
housing advocates and organizations representing the interests of tenants.
Publication— The Secretary shall make a draft of the document containing the model standards and techniques available for public review and comment. The Secretary shall make final model standards and techniques available to the public not later than one year after the date of the enactment of this Act.
Applicability to new construction and rehabilitation— Within 1 year of the publication of the final model standards and techniques required by paragraph (4), the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of the Treasury, and the Secretary of Defense shall each include such model standards and techniques as a requirement for residential rehabilitation or new construction projects funded with Federal appropriations made available by such agencies.
Applicability to rental assistance demonstration and RAD section 18 blend programs— Within 1 year of the publication of the final model standards and techniques required by paragraph (4), the Secretary of Housing and Urban Development shall ensure that any rehabilitation or new construction through the Rental Assistance Demonstration program under the heading “Rental Assistance Demonstration” in title II of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112–55; 125 Stat. 673), or through any program blending such Rental Assistance Demonstration and section 18 of the United States Housing Act of 1937 complies with such model standards and techniques.
Sec. 8 Preservation grants for properties receiving section 8 project-based rental assistance
Authorization of appropriations— There is authorized to be appropriated for the Secretary of Housing and Urban Development to provide assistance to owners of properties receiving project-based subsidy contracts under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or to municipalities or other units of local government that may administer repairs to a property receiving such project-based subsidy contracts, $250,000,000, which shall remain available until expended.
Set aside for new construction—
Set aside— Of the total amount of funds provided pursuant to this section, not less than 10 percent shall be available to eligible recipients described in subsection (a) for the purpose of adding new dwelling units to properties already receiving project-based subsidy contracts under section 8 of the United States Housing Act of 1937.
Eligibility— Funds made available under this subsection for new construction may only be used by an eligible recipients who are already receiving an award for rehabilitation under this section.
Priority of work— Eligible recipients who receive funds for both new construction and for rehabilitation shall complete rehabilitation work before beginning new construction and shall provide certification to the Secretary, in a manner to be determined by the Secretary, that the rehabilitation has been completed in a satisfactory manner to eliminate health and safety risks before receiving any funds for new construction.
Model building standards— Within one year after the publication of the model building standards under section 7(b)(4), the Secretary shall require eligible recipients who receive funds for new construction and rehabilitation to ensure that new construction and rehabilitation projects are in compliance with the model building standards and techniques developed under section 7(b)(1).
Set-Aside for technical assistance— Of the total amount of funds provided pursuant to this section, not less than 3 percent shall be used to provide technical assistance to applicants and to advertise the availability of funds under this section to areas disproportionately impacted by health and safety concerns in federally-assisted housing.
Use of amounts—
In general— Amounts provided pursuant to this section shall be used for competitive grants and low-interest loans for capital improvements to such properties, including grants for activities that mitigate threats to the health and safety of residents, reduce lead-based paint hazards, reduce other housing-related hazards, including carbon monoxide, radon, or indoor residential mold, improve water and energy efficiency, or reduce the risk of harm to occupants or property from natural hazards, or for low-interest loans for the same use.
Loan and grant eligibility— An owner of such a property shall be eligible for—
a grant under this section only if such owner is a nonprofit entity; and
a low-interest loan under this section only if such owner is a for-profit individual or entity.
Eligibility of units of local government— A municipal government, county, or other unit of local government may receive a grant under this section if sufficient capacity is demonstrated in their application to the Secretary of Housing and Urban Development.
Grants for areas of high and persistent poverty— Of any amounts made available pursuant to this section, not less than 30 percent shall be available without regard to any requirement regarding minimum grant amount and only for eligible uses within or directly benefitting—
any county that has consistently had 20 percent or more of the population living in poverty during the 30-year period preceding the date of enactment of this Act, as measured by the decennial census data obtained during those years and the most recent annual Small Area Income and Poverty Estimates as estimated by the Bureau of the Census;
any census tract having a poverty rate of at least 20 percent as measured by the most recent 5-year data series available from the American Community Survey of the Census Bureau; or
any census tract having a predominantly disenfranchised population or a population disproportionately impacted by health and safety hazards in federally-assisted housing (as defined by the Secretary).
Prioritization— In awarding grants under this section, the Secretary of Housing and Urban Development shall prioritize awards that ameliorate or prevent indoor residential mold or other severe health or safety threats.
Wage rate requirements— Projects funded with funds provided under this section shall comply with the same requirements of subchapter IV of chapter 31 of title 40, United States Code that are applicable to contracts described in section 3142(a) of such title.
Policies; procedures; contracts— Grants and low-interest loans under this section shall—
be provided through the policies, procedures, contracts, and transactional infrastructure of the authorized programs administered by the Department of Housing and Urban Development, on such terms and conditions as the Secretary of Housing and Urban Development deems appropriate to ensure the maintenance and preservation of the property, the continued operation and maintenance of energy efficiency technologies, and the timely expenditure of funds; and
include a financial assessment and physical inspection of such property.
Eligible owners— To be eligible for a grant or low-interest loan under this section, the owner of the property shall have at least a satisfactory management and occupancy review rating, be in substantial compliance with applicable performance standards and legal requirements, and commit to an additional period of affordability determined by the Secretary, but of not fewer than 50 years. Owners shall include nonprofit owners and preservation purchasers, including public housing agencies and nonprofit developers.
Loan terms—
In general— A loan under this section shall—
bear interest at a rate, determined by the Secretary, that—
does not exceed by 3 percentage points the discount window primary credit interest rate most recently published on the Federal Reserve Statistical Release on selected interest rates (daily or weekly), commonly referred to as the “H.15 release” or the “Federal funds rate”; and
is below the average interest rate at the given time for a home improvement loan; and
have a term to maturity of 10 years or 20 years, as determined by the Secretary based on the credit of the borrower.
Violations— If the owner of a property receiving a loan under this section does not use the loan amounts as required under subsection (b)(1), does not maintain the affordability of the property as required under subsection (i), or does not comply with any other requirements established by the Secretary, the Secretary shall—
work with the owner for not less than 30 days to ameliorate any violations; and
if after 90 days such violations are not ameliorated—
increase the interest rate of the loan by not less than 15 percentage points above the Federal funds rate; and
reduce the term to maturity of the loan to not more than 5 years.
Conditions of receipt of grant or loan— The Secretary shall establish conditions on the receipt of a loan or grant under this section, as follows:
Record; capacity— The Secretary shall take reasonable steps to ensure that the owner or purchaser has no significant record of material noncompliance with applicable program standards and has demonstrated capacity to perform the obligations specified under this section.
Repairs— The Secretary shall require owners to agree to promptly make all required repairs, and when required by the Secretary, to develop a rehabilitation plan in consultation with the tenants and that will be approved by the Secretary, in conjunction with appropriate capital needs planning and required reserves, to ensure the provision of decent, safe, and sanitary housing throughout the full term of any extended restrictions and contracts.
Use restrictions— The Secretary shall require owners to agree to a longer use restriction of 50 years and to agree to a perpetually required renewal of the housing assistance payments contract if offered by the Secretary.
Transfer authority— Of the amounts made available pursuant to this section, the Secretary of Housing and Urban Development may transfer up to 0.5 percent to the account for “Department of Housing and Urban Development, Program Offices—Office of Housing” for necessary costs of administering and overseeing the obligation and expenditure of amounts made available pursuant to this section and such transferred amounts shall remain available until September 30, 2028.
Sec. 9 Public information and education campaign
Requirement— The Administrator of the Environmental Protection Agency, the Secretary of Housing and Urban Development, and the heads of any other relevant Federal agencies, as determined by such Administrator and Secretary, shall jointly develop and carry out a public information and education campaign regarding indoor air quality and related issues that provides information required under this section on a recurring and annual basis through public outreach. The campaign shall commence within 1 year after the date of the enactment of this Act.
Topics— The information and education campaign shall include information on the dangers and prevention of indoor residential moisture and mold, volatile organic compounds, dust, smoking, pollution, indoor origins of smoke, including cooking, and any other health risks, as determined by such Administrator and Secretary.
Indoor residential mold information— The information and education campaign shall include, at minimum, the following information regarding indoor residential mold:
The conditions that facilitate indoor residential moisture and mold growth.
Guidelines for inspecting indoor residential mold growth.
Guidelines for remediating indoor residential mold growth.
The dangers and health risks of exposure to indoor residential mold growth.
The importance of ventilation and methods to prevent moisture accumulation in indoor residential environments.
Any other information as determined appropriate by the heads of the agencies referred to in subsection (a).
Tenant rights information— The information and education campaign shall include providing covered tenants with information on tenant rights to a safe and habitable living environment and other related information as determined by the Secretary of Housing and Urban Development, which shall include information on who to contact if a tenant experiences problems or issues with building management or ownership, including, in the case of housing assisted under a contract for project-based assistance how to contact the performance-based contract administrator and, in the case of the Housing Choice Voucher program how to contact the housing authority.
Modes of communication—
In general— The public information and education campaign shall provide education and information through modes of communication that are commonly utilized and able to be easily consumed by relevant individuals or organizations, which shall include communication through advertisements on public transit in all 50 States and in territories and possessions of the United States, and distribution of the pamphlet developed pursuant to subsection (j) as required under such subsection.
Availability— All education and information that is part of the information and education campaign shall be made publicly available on the websites of the Environmental Protection Agency, the Department of Housing and Urban Development, and any other applicable Federal agencies.
Targeted groups— The public information and education campaign shall be designed to reach tenants, tenant organizations working directly with tenants in project-based rental assistance and other types of federally-assisted housing, resident groups, landlords, health professionals, the general public, homeowners, prospective homeowners, the real estate industry, the home construction and renovation industries, the health, property and casualty, and life insurance industries, technical and vocational schools and colleges, and other academic institutions.
Information Specific to Health Professions— The public information and education campaign shall include information about warning signs of mold and other indoor air exposure pollutants and shall include education for health professions on mold-related illness, including for health professions who work with vulnerable populations and children in school or daycare settings.
Coordination— In developing and carrying out the public information and education campaign, the heads of the agencies referred to in subsection (a) may coordinate with the Ad Council.
Language— All information provided under the public information and education campaign—
shall be provided in at least two languages, as determined by the Secretary, based on the most common languages spoken in the neighborhood, tribe, municipality, State, or region, and may be provided in additional languages based on the most common languages spoken in the neighborhood, tribe, municipality, State, or region, as determined by the Secretary; and
shall be provided in language that is at a sixth grade reading level and is easy to understand.
Provision to covered tenants—
Timing— The Secretary of Housing and Urban Development, the Secretary of Agriculture, the Secretary of the Treasury, the Secretary of Veterans Affairs, and the Attorney General shall ensure that all appropriate information under the information and education campaign is provided to covered tenants upon signing and any renewal of a lease for the dwelling unit of assisted housing that the covered tenant resides in.
Covered tenants— For purposes of this section, the term “covered tenant” means a tenant who resides in a rental dwelling unit that is assisted, through tenant-based or project-based assistance, under a housing assistance program administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture or who receives rental housing assistance under a program administered by either such Secretary, including the following programs:
The program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), including the direct loan program under such section.
The program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013).
The program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.).
The programs under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.).
The program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.).
The program under paragraph (3) of section 221(d) of the National Housing Act (12 U.S.C. 1715l(d)) that bears interest at a rate determined under the proviso under paragraph (5) of such section 221(d).
The program under section 236 of the National Housing Act (12 U.S.C. 1715z–1).
The programs under sections 6 and 8 of the United States Housing Act of 1937 (42 U.S.C. 1437d, 1437f).
The programs for rural housing assistance provided under sections 514, 515, 516, 533, 538, and 542 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, 1490p–2, 1490r).
The low-income housing tax credit program under section 42 of the Internal Revenue Code of 1986.
The provision of assistance from 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).
The provision of assistance for housing under the Comprehensive Service Programs for Homeless Veterans program under subchapter II of chapter 20 of title 38.
The provision of assistance for housing and facilities under the grant program for homeless veterans with special needs under section 2061 of title 38, United States Code.
The provision of assistance for permanent housing under the program for financial assistance for supportive services for very low-income veteran families in permanent housing under section 2044 of title 38, United States Code.
The provision of transitional housing assistance for victims of domestic violence, dating violence, sexual assault, or stalking under the grant program under chapter 11 of subtitle B of the Violence Against Women Act of 1994 (34 U.S.C. 12351 et seq.).
The Low Income Home Energy Assistance Program and any other program administered by the Department of Energy that provides residential home rehabilitation or energy efficiency assistance.
Any other Federal housing programs providing affordable housing to low- and moderate-income persons by means of restricted rents or rental assistance, or more generally providing affordable housing opportunities, as identified by the appropriate agency through regulations, notices, or any other means.
Pamphlet—
Requirement— The Secretary of Housing and Urban Development, in consultation with the Director of the National Institutes of Health, the Administrator of the Environmental Protection Agency, and the heads of any other agencies the Secretary considers appropriate, shall develop, publish, and revise, not less frequently than every 5 years, a pamphlet regarding indoor residential mold hazards.
Content— The pamphlet required under this subsection shall—
contain information regarding the health risks associated with exposure to indoor residential mold growth;
provide information on the hazards of indoor residential mold growth in federally-assisted and federally-owned housing;
describe the risks of indoor residential mold exposure for persons residing in a dwelling with toxigenic mold;
provide information on approved methods for evaluating and reducing indoor residential mold growth and their effectiveness in identifying, reducing, eliminating, or preventing indoor residential mold growth;
provide advice on how to obtain a list of persons certified to inspect or remediate indoor residential mold growth in the area in which the pamphlet is to be used;
include a statement that a risk assessment or inspection for indoor residential mold growth is recommended prior to the purchase, lease, or renovation of target housing;
include a statement that certain State and local laws impose additional requirements related to indoor residential mold growth in housing and provide a listing of Federal, State, and local agencies in each State, including address, telephone number, and electronic mail address, if available, that can provide information about applicable laws and available governmental and private assistance and financing;
provide information considered by the Administrator of the Environmental Protection Agency to be appropriate or necessary to promote awareness of the hazards posed by indoor residential mold;
include information on indoor air quality safety generally, including best practices when cooking, taking a shower or bath, and smoking cessation;
be publicly available on the websites of the Department of Housing and Urban Development, the Environmental Protection Agency, and other applicable Federal agencies; and
include any other information considered by the Administrator of the Environmental Protection Agency to be appropriate or necessary.
Tenants in federally-assisted housing— The Secretary of Housing and Urban Development and the Secretary of Agriculture shall ensure that a copy of the pamphlet required under this section is provided annually to all covered tenants mail by a hard copy left at the tenant address, by United States mail sent to the tenant, or by electronic mail sent to the tenant.
Authorization of appropriations— There is authorized to be appropriated such sums as may be necessary to carry out this section.
Sec. 10 Empowering tenants
Notification to tenants of inspection results—
Requirement— The Secretary of Housing and Urban Development shall provide direct notification of the results of any inspection of covered property to the tenants and resident organizations, as provided in this subsection.
Method— Notification shall be provided to tenants in easy-to-understand language in the form of a written hard-copy document provided through United States mail or through electronic mail, or both, with one copy provided for the tenants of each building in the covered property, and shall include the inspection score and a detailed description of the inspection results, including any health and safety violations found and the timeline for their remediation, while ensuring tenant privacy.
Posting— The owner or manager of the covered property shall post a hard copy of the notification of the inspection results in at least one centrally located and easily-identifiable location each building of the covered property that is accessible to all tenants, which may include next to the front door, in communal space, or next to the mailboxes for tenants.
Timing— Notification shall be provided—
in the case of any inspection that found no severe health or safety issues, no later than 30 days after completion of the inspection; or
in the case of any inspection that found severe health and safety issues, as soon as the score is final.
Opportunity for tenant questions— The notification shall include contact information, including electronic mail address, phone number, and mailing address, of the appropriate person or entity to contact should tenants have questions about the results of the inspection. Owners who fail to post the notice shall be subject to a Management and Occupancy Review.
Request for second inspection—
Requirements— Pursuant to a request made to the Secretary of Housing and Urban Development, the Secretary shall carry out a subsequent inspection for a covered property that has passed a previous inspection, if the following requirements are met:
Score— The passing test score for the previous inspection for the covered property did not exceed the minimum score required to pass inspection by more than 15 percent or the most recent score for an inspection for the covered property is 15 percent or more less than any other score for the property for an inspection of the property conducted during the preceding 10-year period.
Tenant vote— A vote of tenants of the covered property was conducted on the proposition of whether the property should have passed the most recent inspection, which vote—
was administered by the tenant association for the property or an independent third party;
utilizes the democratic process and may have utilized an anonymous voting platform, either electronically or through paper ballots, for casting votes; and
resulted in 51 percent or more of the tenants residing in the property voting against the proposition that the property should have passed the most recent inspection.
Notification—
To HUD— The chief executive officer of the tenants association notifies the Secretary, the project-based contract administrator for the covered property, and the owner or management of the property of the results of the vote and requests a second inspection for the covered property, which notification and request—
includes a copy of the tally of the vote;
does not, in verifying the 51 percent majority vote, disclose personally identifiable information of the tenants, including by their signatures; and
is transmitted, both by electronic mail and by mailing a hard copy, not later than 60 days after receipt of the notification under subsection (a) regarding the passing result of the previous inspection for the covered property.
Notification of second inspection score— Tenants shall be notified of the score of the second inspection using the same notification criteria as apply to the first inspection and shall be provided with the contact information of the person or entity that they can contact with any questions about the second inspection.
Mediation— If a second inspection is conducted pursuant to a vote under paragraph (1) and the covered property is assessed a passing score for such second inspection, and if another vote is taken that complies with the same requirements applicable under such paragraph to the first inspection, and such vote results in 51 percent or more of the tenants residing in the property voting against the proposition that the property should have passed the second inspection, the Secretary shall provide a tenant association representative an opportunity for mediation with the building owner and the project-based contractor administrator regarding continuing issues and inspection findings and the process for a Management and Occupancy Review shall begin concurrently. The mediation shall be conducted within 180 days of the second inspection.
Tenant hotline— Commencing not later 90 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall—
undertake ongoing activities to advertise the availability and telephone number of the Multifamily Housing Complaint Line of the Multifamily Housing Clearinghouse;
periodically provide tenants of covered property, through the website of the Department and otherwise, as the Secretary considers appropriate, with information about what happens when they call the complaint line;
provide sufficient staff for the complaint line to ensure that the complaint line is sufficiently staffed for a minimum of 12 hours each day and so that the waiting time to speak live to an employee of the Department does not exceed 15 minutes on average as measured over a given one-week period;
ensure that the complaint line offers tenants of covered properties intake for health and safety issues at such properties;
ensure that upon calling the complaint line, a tenant of a covered property is first informed of how to contact the project-based contract administrator for the property to discuss the issue the tenant called about, and if the tenant has previously contacted such administrator or does not wish to involve such administrator, the person answering the call on the complaint line is capable of providing assistance for the tenant directly or can intake tenant information to assist with the request;
ensure that if the complaint line has received calls within any 60-day period from tenants of a covered property representing 15 percent or more of the dwelling units in the property, the appropriate regional office of the Department shall be notified;
ensure that if within three months after the notification of the appropriate regional office of the Department, the tenant hotline has received any additional calls from tenants of the same covered property, the headquarters office of the Department shall be notified; and
provide availability of translation services for the complaint line.
Covered property— For purposes of this section, the term “covered property” means a multifamily housing property that is subject to inspection by the Real Estate Assessment Center of the Department of Housing and Urban Development.
Advance notice to tenants— Not later than 180 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall update inspection procedures and requirements to ensure that tenants of covered properties have at least 7 days of advance notice of when their building will be inspected. In the advance notice of inspection, tenants shall be provided the opportunity to inform the Department of Housing and Urban Development or inspectors, or both, of specific issues regarding the unit or building.
Sec. 11 Healthy Homes incentive for requiring indoor residential mold and other hazard disclosure
Supplemental healthy homes funding— There is authorized to be appropriated to Secretary of Housing and Urban Development for use under the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z–1 and 1701z–2), and for related activities and assistance, $80,000,000, to remain available until September 30, 2028, for financial awards under this section. Amounts appropriated pursuant to this section shall supplement, but not supplant, amounts otherwise appropriated.
Financial awards— The Secretary of Housing and Urban Development shall provide financial awards under this section for a fiscal year to each State, Indian tribe, county, unit of local government, and other unit of government that requires, to the satisfaction of the Secretary, that during such fiscal year sellers of residential properties containing not more than 4 dwelling units shall complete and provide to the purchaser a disclosure form indicating the presence of all environmental hazards, including radon, carbon monoxide, formaldeyde, lead, asbestos, and indoor residential mold, that are known to the seller. Such a disclosure form shall be its own conspicuous form that includes information regarding health and dangers about such environmental hazards.
Use— Amounts provided as financial awards pursuant to this section shall be used only for activities that make health-related improvements to housing units that serve primarily low-income persons and are located within the jurisdiction of the State, Indian tribe, county, local government, or other unit of government that is awarded such assistance.
Sec. 12 Uniform physical inspection sampling
The Secretary of Housing and Urban Development shall revise the regulations of the Secretary under subpart G of part 5 of title 24, Code of Federal Regulations (relating to physical condition standards and inspection requirements), as follows:
Annual inspections— In section 5.705, as amended by the final rule for National Standards for the Physical Inspection of Real Estate (88 Fed. Reg. 30442), to provide that physical inspections are conducted annually without exception.
Sampling of units— To provide that, in carrying out uniform physical inspection requirements under an annual inspection, the Department of Housing and Urban Development shall ensure that any units in HUD housing that were not inspected during the previous two annual inspections shall be inspected during the next occurring annual inspection.
Inclusion of priority units in score— In carrying out uniform physical inspection requirements under an annual inspection, the Department of Housing and Urban Development shall ensure that any and all individual units requested to be inspected by tenants are included as part of the composite score of the property.
Sec. 13 Denial of depreciation deduction for properties with failed NSPIRE inspections
In general— Section 167 of the Internal Revenue Code of 1986 is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following:
“(i) Disallowance of depreciation deduction for property which fails national standards for the physical inspection of real estate
“(1) In general—Except as provided in paragraph (2), no depreciation deduction shall be allowed under this section (and no depreciation or amortization deduction shall be allowed under any other provision of this subtitle) to the taxpayer for the taxable year with respect to any property described in section 168(e)(2)(A)(i) which fails an NSPIRE inspection during the taxable year.
“(2) Exceptions
“(A) In general—No deduction shall be denied under paragraph (1) in the case of a health or safety violation which causes a property to fail an NSPIRE inspection if either—
“(i) such violation is cured within 90 days of the date of a failed inspection, or
“(ii) the inspector finds sufficient evidence that such violation was caused by the tenant and not by the owner or management of the property.
“(B) Extension of time to cure—The Secretary of Health and Human Services may provide 30-day extensions of the 90-day period described in subparagraph (A)(i) on a case-by-case basis and communicate such extensions to the Secretary of the Treasury.
“(3) NSPIRE inspection—The term “NSPIRE inspection” means any housing inspection required under the National Standards for the Physical Inspection of Real Estate of the Real Estate Assessment Center of the Department of Housing and Urban Development.
“(4) Increased duration for disallowance in the case of multiple failed inspections—In the case of a property which fails two consecutive NSPIRE inspections, paragraph (1) shall be applied by substituting “for the taxable year, and for the immediately succeeding taxable year,” for “for the taxable year”.
“(5) Disallowed depreciation amounts may not be taken in future year—The depreciation deduction allowed with respect to the property described in paragraph (1) with respect to any future taxable year shall be determined without regard to the amount denied for any year for which such deduction was denied.
“(6) Basis adjustments—If, but for this subsection, a depreciation or amortization deduction would be allowable to the taxpayer with respect to any property—
“(A) the taxpayer’s basis in such property shall be reduced by any depreciation or amortization deductions disallowed under this subsection, and
“(B) the basis of the remainder interest in such property shall be increased by the amount of such disallowed deductions.
“(7) Regulations and guidance
“(A) In general—The Secretary, after consultation with the Secretary of Housing and Urban Development, shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection.
“(B) HUD Secretary—Not later than one year after the date of the enactment of this subsection, the Secretary of Housing and Urban Development shall prescribe regulations to establish a mechanism for providing information to the Secretary detailing which properties have failed an NSPIRE inspection during the taxable year and which properties have received extensions of time to cure. In creating this mechanism, the Secretary of Housing and Urban Development shall ensure that the Secretary of the Treasury receives information about failing properties at least once per calendar quarter.”
Effective date— The amendment made by this section shall apply to taxable years beginning after the date that is one year after the date of the enactment of this Act.
Sec. 14 Supporting landlords to receive timely voucher payments
In general— Notwithstanding and other provision of law, the Secretary of Housing and Urban Development shall allow public housing agencies to approve a tenancy using a voucher provided under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) and make a payment under such voucher before inspection of the dwelling unit if the inspection will be conducted more than 14 days after receiving a tenancy package.
Failed inspections— If the unit fails inspection and is not brought into compliance within 14 days, the owner of the unit shall repay the payment received from the public housing agency within the following 14 days and shall not hold the tenant responsible for payment and shall not evict or terminate the tenant on such basis. If the tenant is in the unit at the time the payment is issued but the unit does not pass inspection, the public housing agency shall be responsible for relocating the tenant and providing additional assistance.
Additional incentives— Within 180 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall establish additional incentives for public housing agencies to perform expedited inspection of dwelling units.
Sec. 15 Project-based contract administrator reporting requirements
The Secretary of Housing and Urban Development shall require, not later than 180 days after the date of the enactment of this Act, that project-based contract administrators shall submit to the Secretary data on projects and project owners covering the previous 180 days, including an analysis of any trends identified over the previous 180 days on housing conditions, tenant complaints, tenant hospitalizations brought to the attention of the contract administrator, and any other information as required by the Secretary.
Sec. 16 Coordination Between USDA and HUD
Within 3 years after the date of the enactment of this Act, the Secretary of Agriculture shall ensure, to the greatest extent practicable, that the minimum requirements and physical quality standards for housing properties assisted by the Department of Agriculture meet or exceed the standards established by the Secretary of Housing and Urban Development pursuant to section 4 of this Act.
Sec. 17 GAO study on health and safety concerns in federally-assisted housing
Not later than the expiration of the 3-year period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress analyzing and assessing the communication, as applicable, between public housing agencies, landlords, and tenants over resolving problems with the health, safety, or other issues of dwelling units that are federally subsidized and inspected through subpart G of part 5 of title 24, Code of Federal Regulations, landlord responsiveness regarding such issues, opportunities for improvement in such communications, and how tenants understand their rights and how they are responded to when issues arise, including protocols for responding to tenant complaints and tenant understanding of such processes. The report shall include recommendations for how to improve such communications and the physical quality of the housing stock for which such assistance is provided.
Sec. 18 Sense of Congress
It is the sense of the Congress that the Departments of the Treasury and Housing and Urban Development should work together cooperatively, including through development of a Memorandum of Understanding if appropriate, to ensure that implementation of this Act is consistent with the provisions of the Fair Housing Act (42 U.S.C. 3601 et seq.).
Sec. 19 Administrative provisions
There is authorized to be appropriated to the Secretary of Housing and Urban Development—
$50,000,000, to remain available until September 30, 2024, for costs to the Department of implementing this Act and the amendments made by this Act, including costs of providing staff to carry out this Act and such amendments; and
$10,000,000 for each of fiscal years 2025 and 2026 for continuing costs of carrying out this Act and the amendments made by this Act.