119-hr1640

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1640 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1640

 To establish a grant program for States that adopt the Uniform 
 Partition of Heirs Property Act, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 26, 2025

 Ms. Williams of Georgia (for herself, Mrs. Fletcher, Mr. Cleaver, Mr. 
 Donalds, Mr. Bishop, Mr. Mfume, Ms. Norton, and Ms. Tlaib) introduced 
 the following bill; which was referred to the Committee on Financial 
 Services

_______________________________________________________________________

 A BILL

 To establish a grant program for States that adopt the Uniform 
 Partition of Heirs Property Act, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Heirs Estate Inheritance Resolution 
and Succession Act of 2025'' or the ``HEIRS Act of 2025''.

SEC. 2. GRANTS FOR ELIGIBLE ENTITIES THAT ADOPT THE UNIFORM PARTITION 
 OF HEIRS PROPERTY ACT.

    (a) In General.--The Secretary of Housing and Urban Development 
shall, not later than 1 year after the date of the enactment of this 
section, establish a grant program that provides amounts to eligible 
entities that--

    (1) before the date of the enactment of this section, had 
 enacted or adopted the Uniform Partition of Heirs Property Act 
 as approved and recommended for enactment in all the States by 
 the National Conference of Commissioners on Uniform State Laws 
 in 2010 or a similar law that the Secretary determines is a 
 substantial equivalent; and

    (2) on or after the date of the enactment of this section, 
 enact or adopt the Uniform Partition of Heirs Property Act as 
 approved and recommended for enactment in all the States by the 
 National Conference of Commissioners on Uniform State Laws in 
 2010 or a similar law that the Secretary determines is a 
 substantial equivalent.

    (b) Use of Amounts.--

    (1) In general.--Each eligible entity that receives amounts 
 under this section shall use such amounts to assist residents 
 of such eligible entity with bona fide expenses relating to 
 establishing and documenting property ownership rights or 
 settling a decedent's estate, including fees and costs related 
 to obtaining title reports and title abstracts, copies of 
 public records, land surveys, estate planning, heirs search or 
 tracing services, recording and filing fees, notary fees, and 
 legal fees and expenses.

    (2) Layering of assistance.--An eligible entity that 
 receives amounts under this section may use such amounts to 
 assist residents of such State who are receiving assistance 
 from other sources, including Federal, State, local, private, 
 public, and nonprofit sources.
            (c) Regulations and Criteria for Selection.--The Secretary shall, 
not later than 1 year after the date of the enactment of this section, 
issue a rule to carry out this section, that includes criteria for the 
selection of recipients.
            (d) Authorization of Appropriations.--

    (1) In general.--There are authorized to be appropriated to 
 the Secretary of Housing and Urban Development $30,000,000 each 
 of year fiscal years 2026 through 2036 to carry out this 
 section.

    (2) Availability.--Any amounts appropriated under this 
 subsection shall remain available until expended.

    (e) 

=== Definitions. ===
-In this section:

    (1) Secretary.--The term ``Secretary'' means the Secretary 
 of Housing and Urban Development.

    (2) Eligible entity.--The term ``eligible entity'' means a 
 ``State'' and a ``unit of general local government'' as such 
 terms are defined in 

section 102 of title 1 of the Housing and 
 Community Development Act of 1974 (42 U.S.C. 5302) a territory, 
 or a Tribal government.

SEC. 3. GRANTS TO PROVIDE ASSISTANCE RELATING TO HEIRS' PROPERTY 
 RESOLUTION.

    (a) In General.--The Secretary of Housing and Urban Development 
shall carry out a program under this section to provide grants each 
year to eligible entities to use to provide housing counseling, legal 
assistance, and financial assistance related to title clearing and home 
retention efforts for owners of heirs' property.

    (b) Awards.--The Secretary shall consider the following when 
awarding grants under this section:

    (1) Whether the eligible entity has a proven track record 
 of--
        (A) providing assistance to homeowners;
        (B) targeting services to minority and low- and 
 moderate-income persons; and
            (C) providing services in neighborhoods that have a 
 high concentrations of minority persons or low- and 
 moderate-income persons.

    (2) Whether the eligible entity has planned or existing 
 partnerships with other eligible entities.

    (3) Whether the eligible entity is located in an area with 
 a high number of owners of heirs' property, as determined by 
 the Secretary.
            (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary, for grants under this section, 
$10,000,000 in each of fiscal years 2026 through 2030.
            (d) === Definitions. ===
-For purposes of this section, the following 
definitions shall apply:

    (1) Eligible entity.--The term ``eligible entity'' means--
        (A) a HUD approved housing counseling agency;
        (B) a legal services clinics operated by an 
 institute of higher education; or
            (C) a qualifiying nonprofit.

    (2) Heirs' property.--The term ``heirs' property'' means 
 residential property for which title passed by operation of law 
 through intestacy and is held by two or more heirs as tenants 
 in common.

    (3) Hud approved housing counseling agency.--The term ``HUD 
 approved housing counseling agency'' means a housing counseling 
 agency found eligible to receive assistance by the Department 
 of Housing and Urban Development under 

section 106

    (a)

    (2) of the 
 Housing and Urban Development Act of 1968.

    (4) Low- and moderate-income persons.--
        (A) In general.--The term ``low- and moderate-
 income persons'' means a person whose household income 
 does not exceed 120 percent of the median income for 
 the area, as determined by the Secretary, within 
 which--
            (i) the heirs' property which respect to 
 which the homeowner is seeking assistance is 
 located; or
            (ii) the place of residence of the 
 homeowner is located.
        (B) Exception.--If the area described in 
 subparagraph
        (A) is a high-cost area, as determined by 
 the Secretary, the term ``low- and moderate-income 
 persons'' means a homeowner whose household income does 
 not exceed 140 percent of the median income for the 
 area.

    (5) Qualifying nonprofit.--The term ``qualifying 
 nonprofit'' means a nonprofit, mission-driven entity that, as 
 determined by the Secretary--
        (A) has a track record of providing assistance to 
 homeowners;
        (B) targets services to minority and low- and 
 moderate-income persons; or
            (C) provides services in neighborhoods that have 
 high concentrations of minority persons and low- and 
 moderate-income persons.

    (6) Secretary.--The term ``Secretary'' means the Secretary 
 of Housing and Urban Development.

SEC. 4. HEIRS' PROPERTY HOUSING COUNSELING.

 

Section 106

    (g) of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701x

    (g) ) is amended by adding at the end the following new 
paragraph:
 ``

    (6) Counseling with respect to heirs' property.--
 ``
        (A) In general.--Any nonprofit organization that 
 receives amounts under this section shall, when 
 providing homeownership counseling services to 
 consumers--
 ``
            (i) explain to such consumer what heirs' 
 property is, the risks associated with heirs' 
 property, and how to avoid heirs' property 
 issues; and
 ``
            (ii) inform consumers of all available 
 estate planning and title clearing options, 
 assistance, and services, including those 
 offered under sections 2 and 3 of the Heirs 
 Estate Inheritance Resolution and Succession 
 Act of 2025.
 ``
        (B) Referral.--The Secretary shall ensure that 
 each nonprofit organization that receives amounts under 
 this section knows how to refer consumers, where 
 appropriate, to mission-driven nonprofit organizations 
 and legal services clinics operated by institutes of 
 higher education that are capable of assisting a 
 consumer to clear title and with general estate 
 planning.
 ``
            (C) Heirs' property.--The term `heirs' property' 
 means residential property for which title passed by 
 operation of law through intestacy and is held by two 
 or more heirs as tenants in common.''.
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