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H.R. 6314, Emergency Rental Assistance Act of 2020

Summary

H. R. 6314 was introduced in the House of Representatives on March 23, 2020 by Mr. Heck and other members and referred to Financial Services. The bill may be cited as the Emergency Rental Assistance Act of 2020. Section 2 authorizes $100,000,000,000 to be appropriated for grants under the Emergency Solutions Grants program, only for providing rental assistance to respond to needs arising from the emergency declared on March 13, 2020 relating to the Coronavirus Disease 2019 (COVID–19) pandemic. For this assistance, 80 percent is substituted for 30 percent in the income targeting provision.

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Congressional materials
Document type
Bills Bills 116Hr6314Ih Bills 116Hr6314Ih
Case
Bills Bills 116Hr6314Ih Bills 116Hr6314Ih

Cite this document

“H.R. 6314, Emergency Rental Assistance Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6314ih-bills-116hr6314ih/, SHA-256 03b7ade63369b5991b2514bee0a58c61260fb8634a9d1093e82e4510fee80911.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                             H. R. 6314
                                                                       To provide emergency rental assistance under the Emergency Solutions
                                                                          Grants program of the Secretary of Housing and Urban Development
                                                                          in response to the public health emergency resulting from the
                                                                          coronavirus, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     MARCH 23, 2020
                                                                       Mr. HECK (for himself, Mr. KILMER, Ms. DELBENE, and Mr. SMITH of
                                                                           Washington) introduced the following bill; which was referred to the Com-
                                                                           mittee on Financial Services




                                                                                                                 A BILL
                                                                       To provide emergency rental assistance under the Emergency
                                                                          Solutions Grants program of the Secretary of Housing
                                                                          and Urban Development in response to the public health
                                                                          emergency resulting from the coronavirus, and for other
                                                                          purposes.

                                                                         1               Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4               This Act may be cited as the ‘‘Emergency Rental As-




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                                                                         5 sistance Act of 2020’’.




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                                                                         1     SEC. 2. EMERGENCY RENTAL ASSISTANCE.

                                                                         2               (a) AUTHORIZATION OF APPROPRIATIONS.—There is
                                                                         3 authorized to be appropriated for grants under the Emer-
                                                                         4 gency Solutions Grants program under subtitle B of title
                                                                         5 IV of the McKinney-Vento Homeless Assistance Act (42
                                                                         6 U.S.C. 11371 et seq.) $100,000,000,000 for grants under
                                                                         7 such subtitle only for providing rental assistance in ac-
                                                                         8 cordance with section 415(a)(4) of such Act (42 U.S.C.
                                                                         9 11374(a)(4)) and this section to respond to needs arising
                                                                       10 from the emergency declared on March 13, 2020, by the
                                                                       11 President under the Robert T. Stafford Disaster Relief
                                                                       12 and Emergency Assistance Act (42 U.S.C. 4121 et seq.)
                                                                       13 relating to the Coronavirus Disease 2019 (COVID–19)
                                                                       14 pandemic.
                                                                       15                (b) INCOME TARGETING.—For purposes of assistance
                                                                       16 made available with amounts made available pursuant to
                                                                       17 subsection (a)—
                                                                       18                         (1) section 401(1)(A) of the McKinney-Vento
                                                                       19                Homeless Assistance Act (42 U.S.C. 11360(1)(A))
                                                                       20                shall be applied by substituting ‘‘80 percent’’ for
                                                                       21                ‘‘30 percent’’; and
                                                                       22                         (2) each grantee of such amounts shall use not
                                                                       23                less than 50 percent of the amounts received only
                                                                       24                for providing assistance for persons or families expe-




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                                                                       25                riencing homelessness or at risk of homelessness,
                                                                       26                who have incomes not exceeding 50 percent of the
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                                                                         1               median income for the relevant geographic area; ex-
                                                                         2               cept that the Secretary may waive the requirement
                                                                         3               under this paragraph if the grantee demonstrates to
                                                                         4               the satisfaction of the Secretary that the population
                                                                         5               in the geographic area served by the grantee having
                                                                         6               such incomes is sufficiently being served with respect
                                                                         7               to activities eligible for funding with such amounts.
                                                                         8               (c) DEFINITION OF AT RISK OF HOMELESSNESS.—
                                                                         9 For purposes of assistance made available with amounts
                                                                       10 made available pursuant to subsection (a), section 401(1)
                                                                       11 of the McKinney-Vento Homeless Assistance Act shall be
                                                                       12 applied, during the period that begins on the date of the
                                                                       13 enactment of this Act and ends upon the expiration of the
                                                                       14 6-month period that begins upon the termination by the
                                                                       15 Federal Emergency Management Agency of the emergency
                                                                       16 declared on March 13, 2020, by the President under the
                                                                       17 Robert T. Stafford Disaster Relief and Emergency Assist-
                                                                       18 ance Act (42 U.S.C. 4121 et seq.) relating to the
                                                                       19 Coronavirus Disease 2019 (COVID–19) pandemic, as if
                                                                       20 subparagraph (C) were repealed.
                                                                       21                (d)       3-YEAR              AVAILABILITY.—Each                           grantee   of
                                                                       22 amounts made available pursuant to subsection (a) shall
                                                                       23 expend—




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                                                                         1                        (1) at least 60 percent of such grant amounts
                                                                         2               within 2 years of the date that such funds became
                                                                         3               available to the grantee for obligation; and
                                                                         4                        (2) 100 percent of such grant amounts within
                                                                         5               3 years of such date.
                                                                         6 The Secretary may recapture any amounts not expended
                                                                         7 in compliance with paragraph (1) of this subsection and
                                                                         8 reallocate such amounts to grantees in compliance with
                                                                         9 the formula referred to in subsection (h)(1)(A) of this sec-
                                                                       10 tion.
                                                                       11                (e) RENT RESTRICTIONS.—Paragraph (1) of section
                                                                       12 576.106(d) of the Secretary’s regulations (24 C.F.R.
                                                                       13 576.106(d)(1)) shall be applied, with respect to rental as-
                                                                       14 sistance made available with amounts made available pur-
                                                                       15 suant to subsection (a), by substituting ‘‘120 percent of
                                                                       16 the Fair Market Rent’’ for ‘‘the Fair Market Rent’’.
                                                                       17                (f) SUBLEASES.—Notwithstanding the second sen-
                                                                       18 tence of subsection (g) of section 576.106 of the Sec-
                                                                       19 retary’s regulations (24 C.F.R. 576.106(g)), a program
                                                                       20 participant may sublet, with rental assistance made avail-
                                                                       21 able with amounts made available pursuant to subsection
                                                                       22 (a) of this section, a dwelling unit from a renter of the
                                                                       23 dwelling unit if there is a legally binding, written lease




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                                                                       24 agreement for such sublease.




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                                                                         1               (g) HOUSING RELOCATION OR STABILIZATION AC-
                                                                         2     TIVITIES.—A grantee of amounts made available pursuant

                                                                         3 to subsection (a) may expend up to 20 percent of its allo-
                                                                         4 cation for activities under section 415(a)(5) of the McKin-
                                                                         5 ney-Vento                   Homeless               Assistance               Act         (42    U.S.C.
                                                                         6 11374(a)(5)).
                                                                         7               (h) ALLOCATION OF ASSISTANCE.—
                                                                         8                        (1) IN GENERAL.—In allocating amounts made
                                                                         9               available pursuant to subsection (a), the Secretary of
                                                                       10                Housing and Urban Development shall—
                                                                       11                                  (A) not later than 30 days after the date
                                                                       12                         of the enactment of this Act, allocate any such
                                                                       13                         amounts that do not exceed $50,000,000,000
                                                                       14                         under the formula specified in subsections (a),
                                                                       15                         (b), and (e) of section 414 of the McKinney-
                                                                       16                         Vento Homeless Assistance Act (42 U.S.C.
                                                                       17                         11373) to, and notify, each State, metropolitan
                                                                       18                         city, and urban county that is to receive a di-
                                                                       19                         rect grant of such amounts; and
                                                                       20                                  (B) not later than 120 days after the date
                                                                       21                         of the enactment of this Act, allocate any re-
                                                                       22                         maining amounts to eligible grantees by a for-
                                                                       23                         mula to be developed by the Secretary of Hous-




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                                                                       24                         ing and Urban Development that takes into
                                                                       25                         consideration the formula referred to in sub-


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                                                                         1                        paragraph (A) of this paragraph, and the need
                                                                         2                        for emergency rental assistance under this sec-
                                                                         3                        tion, including severe housing cost burden
                                                                         4                        among extremely low- and very low-income
                                                                         5                        renters and disruptions in housing and eco-
                                                                         6                        nomic conditions, including unemployment.
                                                                         7                        (2) ALLOCATIONS TO STATES.—A State recipi-
                                                                         8               ent of an allocation under this section may elect to
                                                                         9               directly administer up to 50 percent of its allocation
                                                                       10                to carry out activities eligible under this section.
                                                                       11                         (3) ELECTION                    NOT         TO     ADMINISTER.—If              a
                                                                       12                grantee elects not to receive funds under this sec-
                                                                       13                tion, such funds shall be allocated to the State re-
                                                                       14                cipient in which the grantee is located.
                                                                       15                (i)      INAPPLICABILITY                     OF        MATCHING                  REQUIRE-
                                                                       16      MENT.—Subsection (a) of section 416 of the McKinney-

                                                                       17 Vento Homeless Assistance Act (42 U.S.C. 11375(a))
                                                                       18 shall not apply to any amounts made available pursuant
                                                                       19 to subsection (a) of this section.
                                                                       20                (j) PROHIBITION ON PREREQUISITES.—None of the
                                                                       21 funds authorized under this section may be used to require
                                                                       22 people experiencing homelessness to receive treatment or
                                                                       23 perform any other prerequisite activities as a condition for




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                                                                       24 receiving shelter, housing, or other services.
                                                                       25                (k) PUBLIC HEARINGS.—


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                                                                         1                        (1) INAPPLICABILITY OF IN-PERSON HEARING
                                                                         2               REQUIREMENTS.—A grantee may not be required to

                                                                         3               hold in-person public hearings in connection with its
                                                                         4               citizen participation plan, but shall provide citizens
                                                                         5               with notice and a reasonable opportunity to com-
                                                                         6               ment of not less than 15 days. Following the period
                                                                         7               that begins upon the date of the enactment of this
                                                                         8               Act and ends upon the date of the termination by
                                                                         9               the Federal Emergency Management Agency of the
                                                                       10                emergency declared on March 13, 2020, by the
                                                                       11                President under the Robert T. Stafford Disaster Re-
                                                                       12                lief and Emergency Assistance Act (42 U.S.C. 4121
                                                                       13                et seq.) relating to the Coronavirus Disease 2019
                                                                       14                (COVID–19) pandemic, and after the period de-
                                                                       15                scribed in paragraph (2), the Secretary shall direct
                                                                       16                grantees to resume pre-crisis public hearing require-
                                                                       17                ments.
                                                                       18                         (2) VIRTUAL PUBLIC HEARINGS.—During the
                                                                       19                period that national or local health authorities rec-
                                                                       20                ommend social distancing and limiting public gath-
                                                                       21                erings for public health reasons, a grantee may ful-
                                                                       22                fill applicable public hearing requirements for all
                                                                       23                grants from funds made available pursuant to this




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                                                                       24                section by carrying out virtual public hearings. Any
                                                                       25                such virtual hearings shall provide reasonable notifi-


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                                                                         1               cation and access for citizens in accordance with the
                                                                         2               grantee’s certifications, timely responses from local
                                                                         3               officials to all citizen questions and issues, and pub-
                                                                         4               lic access to all questions and responses.
                                                                         5               (l) ADMINISTRATION.—Of any amounts made avail-
                                                                         6 able pursuant to subsection (a), not more than the lesser
                                                                         7 of 0.5 percent, or $15,000,000, may be used for staffing,
                                                                         8 training, technical assistance, technology, monitoring, re-
                                                                         9 search, and evaluation activities necessary to carry out the
                                                                       10 program carried out under this section, and such amounts
                                                                       11 shall remain available until September 30, 2024.
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