119-hr3049

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3049 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3049

To amend the United States Housing Act of 1937 and the Internal Revenue 
 Code to promote the establishment of tenant organizations, and for 
 other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 28, 2025

 Mrs. Ramirez (for herself, Ms. Tlaib, Mr. Gomez, Mr. Casar, and Ms. 
 Pressley) introduced the following bill; which was referred to the 
 Committee on Financial Services, and in addition to the Committee on 
 Ways and Means, for a period to be subsequently determined by the 
 Speaker, in each case for consideration of such provisions as fall 
 within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

To amend the United States Housing Act of 1937 and the Internal Revenue 
 Code to promote the establishment of tenant organizations, 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 ``Tenants' Right to Organize Act''.

SEC. 2. SENSE OF THE CONGRESS.

 It is the sense of the Congress that all members of a household 
receiving tenant-based rental assistance have the right to decent, 
safe, stable, and sanitary housing.

SEC. 3. HOUSING CHOICE VOUCHER TENANT ORGANIZATIONS.

 

Section 8

    (o) of the United States Housing Act of 1937 (42 U.S.C. 
1437f

    (o) ) is amended by adding at the end the following:
 ``

    (23) Right to organize.--
 ``
        (A) In general.--A tenant--
 ``
            (i) has the right to establish, operate, 
 and participate in a legitimate tenant 
 organization for the purpose of addressing 
 issues related to their living environment, 
 which includes--
 ``
            (I) the terms and conditions of 
 their tenancy; and
 ``
            (II) activities related to 
 housing and community development;
 ``
            (ii) has the right to speak to the 
 public, including media, elected officials, and 
 government agencies with respect to their right 
 to decent, safe, and sanitary housing in 
 compliance with relevant housing codes, fair 
 housing statutes, and any other requirements; 
 and
 ``
            (iii) may not be retaliated against for 
 asserting such rights.
 ``
        (B) Required engagement.--
 ``
            (i) Public housing agencies.--Each public 
 housing agency shall--
 ``
            (I) recognize legitimate tenant 
 organizations;
 ``
            (II) give reasonable 
 consideration to concerns raised by 
 legitimate tenant organizations;
 ``
            (III) solicit feedback from any 
 legitimate tenant organization within 
 the public housing agency, including--
 ``

    (aa) if a public housing 
 agency is required to complete 
 an annual public housing agency 
 plan, feedback with respect to 
 the plan; or
 ``

    (bb) if a public housing 
 agency has an exemption under 
 

section 5

    (b)

    (3) , soliciting 
 feedback not less than once 
 each year;
 ``
            (IV) after receiving feedback 
 from a legitimate tenant organization--
 ``

    (aa) except as provided 
 in item

    (bb) , meaningfully 
 respond in writing to such 
 comment not later than 60 days 
 after receiving such feedback; 
 and
 ``

    (bb) with respect to 
 exigent poor housing 
 conditions, respond in writing 
 to the feedback not later than 
 30 days after receiving such 
 feedback; and
 ``
            (V) seek resident advisory board 
 appointments from legitimate tenant 
 organizations.
 ``
            (ii) Owners of units.--Each owner shall--
 ``
            (I) recognize legitimate tenant 
 organizations;
 ``
            (II) give reasonable 
 consideration to concerns raised by 
 legitimate tenant organizations; and
 ``
            (III) allow tenant organizers to 
 assist tenants in the establishment and 
 operation of legitimate tenant 
 organizations.
 ``
            (C) Protections.--
 ``
            (i) In general.--Each public housing 
 agency and each owner may not--
 ``
            (I) interfere with the right of 
 any tenant to establish and operate a 
 legitimate tenant organization; and
 ``
            (II) retaliate against any tenant 
 or tenant organizer because of their 
 association with or participation in 
 activities related to a legitimate 
 tenant organization.
 ``
            (ii) Protected activities.--Each public 
 housing agency, each owner, and agents thereof 
 shall permit tenants and tenant organizers to 
 conduct the following activities related to the 
 establishment or operation of a legitimate 
 tenant organization:
 ``
            (I) Distributing leaflets in 
 lobby areas.
 ``
            (II) Placing leaflets at or under 
 doors of tenants.
 ``
            (III) Distributing leaflets in 
 common areas.
 ``
            (IV) Initiating contact with 
 tenants.
 ``
            (V) Conducting door-to-door 
 surveys of tenants to ascertain 
 interest in establishing a legitimate 
 tenant organization and to offer 
 information about tenant organizations.
 ``
            (VI) Posting information on 
 bulletin boards.
 ``
            (VII) Assisting tenants with 
 participation in tenant organization 
 activities.
 ``
            (VIII) Convening regularly 
 scheduled tenant organization meetings 
 in a space on-site and accessible to 
 tenants, in a manner that is fully 
 independent of representatives of the 
 public housing agency or the owner, 
 unless invited by the tenant 
 organization to specific meetings to 
 discuss a specific issue or issues.
 ``
            (IX) Assisting tenants in--
 ``

    (aa) creating a resident 
 advisory board or resident 
 council; and
 ``

    (bb) appointing tenants 
 to serve on a resident advisory 
 board or resident council.
 ``
            (X) Speaking to the public, 
 including the media, elected officials, 
 and government agencies.
 ``
            (XI) Formulating a response to a 
 request by the owner or public housing 
 agency for approval of rent increases 
 or other discretionary decisions 
 affecting residents.
 ``
            (XII) Other reasonable activities 
 related to the establishment or 
 operation of a legitimate tenant 
 organization.
 ``
            (iii) Permission.--A public housing 
 agency or owner may not require tenants or 
 tenant organizers to obtain prior permission 
 before engaging in the activities permitted 
 under this paragraph.
 ``
            (iv) Presumption.--If a public housing 
 agency or owner takes an adverse action against 
 a tenant or tenant organizer that is a member 
 of a legitimate tenant organization during the 
 180-day period beginning on the date on which 
 the tenant engages in a protected activity 
 under this subparagraph, there shall be a 
 rebuttable presumption that the adverse action 
 is an act of retaliation relating to the 
 participation of the tenant in the tenant 
 organization.
 ``
            (D) Notice of right to organize.--Each public 
 housing agency shall notify each tenant of the rights 
 described under this paragraph.
 ``
        (E) Prohibition on interference and 
 retaliation.--Each public housing agency and each owner 
 may not--
 ``
            (i) interfere with the right of tenants 
 to establish and operate a legitimate tenant 
 organization; or
 ``
            (ii) retaliate against any tenant or 
 tenant organizer because of their association 
 with or participation in activities related to 
 a legitimate tenant organization.
 ``
        (F) Meeting spaces.--
 ``
            (i) In general.--Each public housing 
 agency and owner shall make available the use 
 of any community room or other available space 
 appropriate for meetings within the building or 
 project when requested by a legitimate tenant 
 organization and used for activities related to 
 the establishment or operation of a legitimate 
 tenant organization.
 ``
            (ii) Accessibility.--If the building or 
 project has an accessible common area or areas, 
 such facilities shall reasonably be made 
 available for legitimate tenant organization 
 meetings to ensure such meetings are accessible 
 to persons with disabilities, unless it is 
 impractical for reasons beyond the control of 
 the public housing agency or owner.
 ``
            (iii) Fees.--An owner of a building or 
 project may charge a reasonable, customary, and 
 usual fee, as may normally be imposed for the 
 use of such facilities.
 ``
        (G) === Definitions. ===
-In this paragraph:
 ``
            (i) Adverse action.--The term `adverse 
 action' means, in response to a tenant's 
 exercise of rights described in this 
 paragraph--
 ``
            (I) the termination or non-
 renewal of a lease;
 ``
            (II) the termination of 
 assistance under this section;
 ``
            (III) a decrease or delay in 
 services provided to the tenant by the 
 owner or public housing agency;
 ``
            (IV) an unplanned increase of 
 rent or fees;
 ``
            (V) the threat or initiation of a 
 lawsuit against a lessee;
 ``
            (VI) a violation of tenant 
 privacy; or
 ``
            (VII) the harassment of a tenant 
 or tenant organizers.
 ``
            (ii) Legitimate tenant organization.--The 
 term `legitimate tenant organization' means, in 
 a building or project with 3 or more families 
 receiving assistance under this section, an 
 organization that--
 ``
            (I) meets regularly and operates 
 democratically;
 ``
            (II) is representative of all 
 tenants in the building or project;
 ``
            (III) is completely independent 
 from a public housing agency, owner, 
 landlord, management of the building or 
 development, and any representatives of 
 such entities;
 ``
            (IV) has been established for the 
 purpose described in subparagraph
        (A) ; 
 and
 ``
            (V) includes newly formed 
 resident organizing committees, which 
 do not require specific structures, 
 written by-laws, elections, or resident 
 petitions.
 ``
            (iii) Tenant.--The term `tenant' means a 
 family or any member of a family that receives 
 assistance under this section.
 ``
            (iv) Tenant organizer.--
 ``
            (I) In general.--The term `tenant 
 organizer' means an individual who--
 ``

    (aa) assists tenants in 
 establishing and operating a 
 legitimate tenant organization; 
 and
 ``

    (bb) is not an employee 
 or representative of current or 
 prospective owners or agents or 
 the owners.
 ``
            (II) Building policies.--
 ``

    (aa) Policy against 
 canvassing.--If a building or 
 project has consistently 
 enforced a written policy 
 against canvassing, any tenant 
 organizer who is not a tenant 
 shall be accompanied by a 
 tenant while on the property of 
 the building or project.
 ``

    (bb) Policy in favor of 
 canvassing.--If a building or 
 project has a written policy 
 favoring canvassing, any tenant 
 organizer who is not a tenant 
 shall be afforded the same 
 privileges and rights of access 
 as any other uninvited outside 
 parties in the normal course of 
 operations of the building or 
 project.
 ``
            (cc) No policy on 
 canvassing.--If a building or 
 project does not have a 
 consistently enforced, written 
 policy against canvassing, the 
 building or project shall be 
 treated as if it has a policy 
 favoring canvassing.''.

SEC. 4. LIHTC TENANT ORGANIZATIONS.

    (a) In General.--

Section 42

    (g) of the Internal Revenue Code of 1986 
is amended by adding at the end the following new paragraph:
 ``

    (10) LIHTC tenant organizations.--
 ``
        (A) Rights of tenants.--In the case of any 
 qualified low-income housing project which is an 
 applicable project, families occupying rent-restricted 
 units in such project shall have the same right as 
 families described in 

section 8

    (o)

    (23)
        (B)
            (i) ,
            (ii) and
            (iii) of the United States Housing Act of 1937.
 ``
        (B) Responsibilities of owners and state housing 
 credit agencies.--In the case of any applicable 
 project, such project shall not be treated as a 
 qualified low-income housing project for purposes of 
 this section unless--
 ``
            (i) each owner of such project meets 
 requirements which are the same as the 
 requirements of clauses
            (i) and
            (iii) of 
 subparagraph
            (C) and subparagraph
            (D) of 
 

section 8

    (o)

    (23) of the United States Housing 
 Act of 1937, and
 ``
            (ii) each State housing credit agency 
 meets requirements which are the same as the 
 requirements of clauses
            (i) and
            (ii) of 
 subparagraph
            (C) and subparagraph
            (D) of such 
 section.
 ``
            (C) Applicable project.--For purposes of this 
 paragraph, the term `applicable project' means--
 ``
            (i) any project which is placed in 
 service after the date of enactment of this 
 Act; and
 ``
            (ii) any project--
 ``
            (I) which was placed in service 
 on or before the date of enactment of 
 such Act; and
 ``
            (II) for which the date of 
 enactment of such Act occurred before 
 the end of the compliance period for 
 such project.
 ``
            (D) Notice of right to organize.--
 ``
            (i) In general.--Each State housing 
 credit agency shall notify each tenant living 
 at a qualified low-income housing project of 
 the right to organize as described in paragraph

    (10) annually.
 ``
            (ii) Tenancy addendum.--The Secretary 
 shall require each State housing credit 
 agency--
 ``
            (I) that has implemented a 
 standard lease, lease addendum, or 
 other guidance to owners of a qualified 
 low-income housing project, to amend 
 that document to include language 
 affirming lessees' right to organize 
 provided for in this paragraph; or
 ``
            (II) that performs lease-based 
 evaluations of low income-housing tax 
 credit compliance to include in that 
 evaluation a requirement to include a 
 written affirmation of the tenant's 
 right to organize as provided for in 
 this paragraph.
 ``
        (E) Authorization of appropriations.--There are 
 authorized to be appropriated to the Secretary such 
 sums as are necessary to carry out this paragraph.''.

    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after the date of the enactment of this Act.

SEC. 5. ENFORCEMENT.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Assistant Secretary for Public and Indian 
Housing of the Department of Housing and Urban Development shall, in 
coordination with the Secretary of the Treasury, establish a protocol 
for the enforcement of paragraph

    (23) of 

section 8

    (o) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f

    (o)

    (23) ), as added by 

section 3 of this Act, and paragraph

    (10) of 

section 42

    (g) of the 
Internal Revenue Code of 1986, as added by 

section 4 of this Act, 
that--

    (1) reflects or integrates the existing enforcement 
 protocol for tenants protected under 

section 202 of the Housing 
 and Community Development Amendments Act of 1978 (12 U.S.C. 
 1715z-1b), where possible;

    (2) creates a mechanism for administrative complaints to be 
 filed, cataloged, and investigated regarding public housing 
 agencies, State housing credit agencies, owners, landlords, 
 management, and their representatives' alleged violation of 
 their obligation not to interfere with the right of tenants to 
 establish and operate a legitimate tenant organization, which 
 shall--
        (A) provide families a remedy when the agency 
 determines a violation of the obligation not to 
 interfere with the right of tenants to establish and 
 operate a legitimate tenant organization;
        (B) include an independent investigation of tenant 
 and advocate allegations of abuse;
            (C) keep tenants informed about the progression of 
 any complaint; and
            (D) provide confidentiality if necessary, including 
 in cases where alleged abuse is extreme and targeted;

    (3) prohibits withholding the tenant-based assistance under 
 such 

section 8

    (o) or the denial of the right to occupy an 
 assisted unit or a rent-restricted unit, or any other right or 
 privilege required to be provided as a condition of the tenant-
 based assistance or the project being treated as a qualified 
 low-income housing project until such complaint is closed; and

    (4) if relevant, appropriately refers complaints related to 
 potential violation of fair housing laws to the Office of Fair 
 Housing and Equal Opportunity at the Department of Housing and 
 Urban Development.

    (b) Establishment of Private Right of Action.--Tenants may file an 
action at law or in equity, in Federal or State court, including for 
injunctive relief, to enforce the various provisions of this Act.
            (c) Report.--The Secretary of Housing and Urban Development shall 
submit to the Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Financial Services of the House of 
Representatives a quarterly report on the enforcement of this section 
that--

    (1) provides all data at both the property-level and 
 jurisdiction-level; and

    (2) includes--
        (A) the volume of outstanding complaints;
        (B) the average response time to an initial 
 complaint;
            (C) the average time it takes to close a complaint; 
 and
            (D) information about the type of issues reported 
 by tenants that necessitated enforcement action.

SEC. 6. FUNDING FOR TENANT AND OTHER PARTICIPATION AND CAPACITY 
 BUILDING.

 Paragraph

    (3) of 

section 514

    (f) of the Multifamily Assisted Housing 
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is 
amended--

    (1) in subparagraph
        (A) --
        (A) in the first sentence--
            (i) by striking ``not more than'' and 
 inserting ``not less than'';
            (ii) by inserting ``for predevelopment 
 assistance to enable such transfers,'' after 
 ``owners),''; and
            (iii) by striking ``of low-income housing 
 for which project-based rental assistance is 
 provided at below market rent levels and may 
 not be renewed (including transfer of 
 developments to tenant groups, nonprofit 
 organizations, and public entities), for tenant 
 services'' and inserting the following: ``and 
 improvement of low-income housing for which 
 project-based rental assistance, public housing 
 subsidies, low-income housing tax credits, 
 Federal or State subsidized loans, enhanced 
 vouchers under 

section 8

    (t) of the United 
 States Housing Act of 1937, or project-based 
 vouchers under 

section 8

    (o) of such Act are 
 provided or proposed''; and
        (B) by adding at the end the following:
 ``
            (D) Outreach and technical assistance grants.--
 ``
            (i) In general.--Not later than 1 year 
 after the date of the enactment of this 
 subparagraph, the Secretary shall establish a 
 grant program to award amounts for the purposes 
 of, under this paragraph--
 ``
            (I) outreach and training of 
 tenants by eligible entities; and
 ``
            (II) the provision of technical 
 assistance by eligible entities to 
 tenant groups.
 ``
            (ii) Eligible entities.--To be eligible 
 for a grant under this subparagraph, an entity 
 shall be a nonprofit organization that--
 ``
            (I) has not less than 2 years of 
 experience with the organization and 
 provision of assistance to tenants; and
 ``
            (II) is independent from any 
 owners, prospective purchasers, or any 
 agents thereof of a residential 
 development.
 ``
            (iii) Assistance to eligible entities.--
 The Secretary may provide assistance and 
 training to recipients of amounts under 
 subparagraph with respect to--
 ``
            (I) administrative and fiscal 
 management; and
 ``
            (II) compliance with any Federal 
 requirements.
 ``
            (iv) Expedited funding.--The Secretary 
 shall expedite the provision of funding for the 
 fiscal year in which the date of the enactment 
 of this subparagraph occurs by entering into an 
 interagency agreement for not less than 
 $1,000,000 with the Corporation for National 
 and Community Service to conduct a tenant 
 outreach and training program.
 ``
            (v) Flexible grants.--The Secretary shall 
 make available flexible grants under this 
 subparagraph to qualified nonprofit 
 organizations that do not own eligible 
 multifamily properties, for tenant outreach in 
 underserved areas, and to experienced national 
 or regional nonprofit organizations to provide 
 specialized training or support to grantees 
 assisted under this subsection.
 ``
            (vi) Funding for subsequent fiscal 
 years.--Notwithstanding any other provision of 
 law, amounts authorized under this subparagraph 
 for any fiscal year shall be available for 
 obligation in subsequent fiscal years.
 ``
            (vii) Reports.--The Secretary shall 
 require each recipient of amounts made 
 available pursuant to this subparagraph to 
 submit to the Secretary a report, on a 
 quarterly basis, detailing the use of such 
 amounts, including such information as the 
 Secretary shall require.''.

SEC. 7. PROVISION OF FUNDS TO RESIDENT COUNCILS.

 The Secretary of Housing and Urban Development shall, not later 
than 1 year after the date of the enactment of this Act, provide each 
resident council, as described in 

section 964.100 of title 24, Code of 
Federal Regulations, $40 per unit per year, to be increased annually to 
keep pace with inflation.
 <all>