Maryland 2023 Regular Session

Maryland House Bill HB826 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0826*
96
107 HOUSE BILL 826
118 C9 3lr0633
129 CF SB 848
1310 By: Delegates Wilkins and Stewart
1411 Introduced and read first time: February 8, 2023
1512 Assigned to: Environment and Transportation
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 30, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Statewide Rental Assistance Voucher Program – Establishment 2
2519
2620 FOR the purpose of establishing a Statewide Rental Assistance Voucher Program in the 3
2721 Department of Housing and Community Development to provide vouchers and 4
2822 housing assistance payments for low–income families that are on a certain federal 5
2923 housing program waitlist; requiring the Department and public housing agencies to 6
3024 administer the State Program; and generally relating to the Statewide Rental 7
3125 Assistance Voucher Program. 8
3226
3327 BY repealing and reenacting, with amendments, 9
3428 Article – Housing and Community Development 10
3529 Section 4–101, 4–103, and 4–1401 11
3630 Annotated Code of Maryland 12
3731 (2019 Replacement Volume and 2022 Supplement) 13
3832
3933 BY adding to 14
4034 Article – Housing and Community Development 15
4135 Section 4–2901 through 4–2921 to be under the new subtitle “Subtitle 29. Statewide 16
4236 Rental Assistance Voucher Program” 17
4337 Annotated Code of Maryland 18
4438 (2019 Replacement Volume and 2022 Supplement) 19
4539
4640 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
4741 That the Laws of Maryland read as follows: 21
42+
43+Article – Housing and Community Development 22
44+
45+4–101. 23
46+
47+ (a) In this title the following words have the meanings indicated. 24
4848 2 HOUSE BILL 826
4949
5050
51-Article – Housing and Community Development 1
51+ (b) “Administration” means the Community Development Administration. 1
5252
53-4–101. 2
53+ (c) “Division” means the Division of Development Finance. 2
5454
55- (a) In this title the following words have the meanings indicated. 3
55+ (d) “Elderly household” means, EXCEPT AS PROVIDED I N § 4–2901 OF THIS 3
56+ARTICLE, one or more individuals who occupy a residential dwelling unit, at least one of 4
57+whom meets the age limit specified by the Secretary that: 5
5658
57- (b) “Administration” means the Community Development Administration. 4
59+ (1) is greater than or equal to age 55; and 6
5860
59- (c) “Division” means the Division of Development Finance. 5
61+ (2) may vary for different programs or types of projects. 7
6062
61- (d) “Elderly household” means, EXCEPT AS PROVIDED I N § 4–2901 OF THIS 6
62-ARTICLE TITLE, one or more individuals who occupy a residential dwelling unit, at least 7
63-one of whom meets the age limit specified by the Secretary that: 8
63+ (e) “Nonprofit sponsor” means a sponsor that is: 8
6464
65- (1) is greater than or equal to age 55; and 9
65+ (1) a nonprofit organization; or 9
6666
67- (2) may vary for different programs or types of projects. 10
67+ (2) a limited partnership, if: 10
6868
69- (e) “Nonprofit sponsor” means a sponsor that is: 11
69+ (i) 1. each general partner is a nonprofit organization; or 11
7070
71- (1) a nonprofit organization; or 12
71+ 2. each general partner is a wholly owned subsidiary of a 12
72+nonprofit organization; 13
7273
73- (2) a limited partnership, if: 13
74+ (ii) the limited partnership is formed to undertake a project that is 14
75+eligible as a whole or in part for a federal program or incentive, including low–income 15
76+housing tax credits; and 16
7477
75- (i) 1. each general partner is a nonprofit organization; or 14
78+ (iii) a nonprofit organization manages the project or will receive the 17
79+net cash flow or residual sale proceeds on the sale of the project. 18
7680
77- 2. each general partner is a wholly owned subsidiary of a 15
78-nonprofit organization; 16
81+4–103. 19
7982
80- (ii) the limited partnership is formed to undertake a project that is 17
81-eligible as a whole or in part for a federal program or incentive, including low–income 18
82-housing tax credits; and 19
83+ The Division includes: 20
8384
84- (iii) a nonprofit organization manages the project or will receive the 20
85-net cash flow or residual sale proceeds on the sale of the project. 21
85+ (1) the Community Development Administration; 21
8686
87-4–103. 22
87+ (2) the Disaster Relief Housing Program; 22
8888
89- The Division includes: 23
89+ (3) the Down Payment and Settlement Expense Loan Program; 23
9090
91- (1) the Community Development Administration; 24
91+ (4) federal and State weatherization programs; 24
9292
93- (2) the Disaster Relief Housing Program; 25
93+ (5) the Group Home Financing Program; 25
9494
95- (3) the Down Payment and Settlement Expense Loan Program; 26
95+ (6) the Lead Hazard Reduction Grant Program; 26
9696
97- (4) federal and State weatherization programs; 27 HOUSE BILL 826 3
97+ (7) the Lead Hazard Reduction Loan Program; 27 HOUSE BILL 826 3
9898
9999
100100
101- (5) the Group Home Financing Program; 1
101+ (8) the local government infrastructure program; 1
102102
103- (6) the Lead Hazard Reduction Grant Program; 2
103+ (9) the Maryland Home Financing Program; 2
104104
105- (7) the Lead Hazard Reduction Loan Program; 3
105+ (10) the Maryland Housing Rehabilitation Program; 3
106106
107- (8) the local government infrastructure program; 4
107+ (11) the Neighborhood Housing Services Fund; 4
108108
109- (9) the Maryland Home Financing Program; 5
109+ (12) the Operating Assistance Grants Demonstration Projects; 5
110110
111- (10) the Maryland Housing Rehabilitation Program; 6
111+ (13) the Partnership Rental Housing Program; 6
112112
113- (11) the Neighborhood Housing Services Fund; 7
113+ (14) the Radium Grant Program; 7
114114
115- (12) the Operating Assistance Grants Demonstration Projects; 8
115+ (15) the Rental Allowance Program , THE STATEWIDE RENTAL 8
116+ASSISTANCE VOUCHER PROGRAM, and other rental assistance programs; 9
116117
117- (13) the Partnership Rental Housing Program; 9
118+ (16) the Rental Housing Program; and 10
118119
119- (14) the Radium Grant Program; 10
120+ (17) the Self–Help Homeownership Technical Assistance Program. 11
120121
121- (15) the Rental Allowance Program , THE STATEWIDE RENTAL 11
122-ASSISTANCE VOUCHER PROGRAM, and other rental assistance programs; 12
122+4–1401. 12
123123
124- (16) the Rental Housing Program; and 13
124+ In this subtitle, “programs” means rental assistance programs other than the Rental 13
125+Allowance Program established under § 4–1403 of this subtitle AND THE STATEWIDE 14
126+RENTAL ASSISTANCE VOUCHER PROGRAM ESTABLISHED U NDER SUBTITLE 29 OF 15
127+THIS TITLE. 16
125128
126- (17) the Self–Help Homeownership Technical Assistance Program. 14
129+SUBTITLE 29. STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM. 17
127130
128-4–1401. 15
131+4–2901. 18
129132
130- In this subtitle, “programs” means rental assistance programs other than the Rental 16
131-Allowance Program established under § 4–1403 of this subtitle AND THE STATEWIDE 17
132-RENTAL ASSISTANCE VOUCHER PROGRAM ESTABLISHED U NDER SUBTITLE 29 OF 18
133-THIS TITLE. 19
133+ (A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS 19
134+INDICATED. 20
134135
135-SUBTITLE 29. STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM. 20
136+ (B) “DISABLED” MEANS HAVING: 21
136137
137-4–2901. 21
138+ (1) A DISABILITY UNDER 42 U.S.C. § 423; 22
138139
139- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22
140-INDICATED. 23
141-
142- (B) “DISABLED” MEANS HAVING : 24
143-
144- (1) A DISABILITY UNDER 42 U.S.C. § 423; 25
140+ (2) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRM ENT THAT IS 23
141+EXPECTED TO BE OF LONG–CONTINUED AND INDEFINI TE DURATION, IS EXPECTED 24
142+TO SUBSTANTIALLY IMP EDE AN INDIVIDUAL ’S ABILITY TO LIVE IN DEPENDENTLY, 25
143+AND MAY BE IMPROVED BY MORE SUITABLE HOU SING OPTIONS; OR 26
145144 4 HOUSE BILL 826
146145
147146
148- (2) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRM ENT THAT IS 1
149-EXPECTED TO BE OF LO NG–CONTINUED AND INDEFI NITE DURATION , IS EXPECTED 2
150-TO SUBSTANTIALLY IMP EDE AN INDIVIDUAL ’S ABILITY TO LIVE IN DEPENDENTLY , 3
151-AND MAY BE IMPROVED BY MORE SUITABLE HOU SING OPTIONS; OR 4
147+ (3) A DEVELOPMENTAL DISABI LITY AS DEFINED IN T HE FEDERAL 1
148+DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT. 2
152149
153- (3) A DEVELOP MENTAL DISABILITY AS DEFINED IN THE FEDER AL 5
154-DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT. 6
150+ (C) “ELDERLY” MEANS AN INDIVIDUAL THAT IS AT LEAST 62 YEARS OLD. 3
155151
156- (B) “DISABILITY” MEANS A PHYSICAL OR MENTAL IMPAIRMENT TH AT 7
157-SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVIT Y. 8
152+ (D) (1) “FAMILY” MEANS AN INDIVIDUAL OR GROUP OF INDIVIDUALS 4
153+ELIGIBLE FOR ASSISTANCE UNDER THE STATE PROGRAM. 5
158154
159- (C) “ELDERLY” MEANS AN INDIVIDUAL THAT IS AT LEAST 62 YEARS OLD. 9
155+ (2) “FAMILY” INCLUDES A PREFERENCE CATEGORY ESTABLISHED 6
156+UNDER § 4–2906(B) OF THIS SUBTITLE. 7
160157
161- (D) (1) “FAMILY” MEANS AN INDIVIDUAL OR GROUP OF INDIVIDU ALS 10
162-ELIGIBLE FOR ASSISTA NCE UNDER THE STATE PROGRAM. 11
158+ (E) “HOUSING ASSISTANCE PA YMENT” MEANS THE MONTHLY AS SISTANCE 8
159+PAYMENT PAID FOR A FAMILY UNDER THE STATE PROGRAM. 9
163160
164- (2) “FAMILYINCLUDES A PREFERENC E CATEGORY ESTABLISH ED 12
165-UNDER § 4–2906(B) § 4–2906 OF THIS SUBTITLE. 13
161+ (F) “HOUSING CHOICE VOUCHER PROGRAMMEANS THE PROGRAM 10
162+ESTABLISHED UNDER 24 C.F.R. PART 982. 11
166163
167- (E) “HOUSING ASSISTANCE PAYMENT ” MEANS THE MONTHLY AS SISTANCE 14
168-PAYMENT PAID FOR A F AMILY UNDER THE STATE PROGRAM. 15
164+ (G) “LIVE–IN AIDE” MEANS AN INDIVIDUAL THAT: 12
169165
170- (F) “HOUSING CHOICE VOUCHER PROGRAM” MEANS THE PROGRAM 16
171-ESTABLISHED UNDER 24 C.F.R. PART 982. 17
166+ (1) MEETS THE REQUIREMEN TS UNDER 24 C.F.R. § 5.403; AND 13
172167
173- (G) “LIVE–IN AIDE” MEANS AN INDIVIDUAL THAT: 18
168+ (2) RESIDES WITH AN ELDE RLY OR DISABLED INDI VIDUAL WHO 14
169+RECEIVES ASSISTANCE UNDER THE STATE PROGRAM. 15
174170
175- (1) MEETS THE REQUIREMENTS UNDE R 24 C.F.R. § 5.403; AND 19
171+ (H) “PAYMENT STANDARD ” MEANS THE MAXIMUM MONTHLY HOUSING 16
172+ASSISTANCE PAYMENT FOR A FAMILY ASSISTED UNDER THE STATE PROGRAM. 17
176173
177- (2) RESIDES WITH AN ELDE RLY OR DISABLED INDI VIDUAL WHO 20
178-RECEIVES ASSISTANCE UNDER THE STATE PROGRAM. 21
174+ (I) (1) “PUBLIC HOUSING AGENCY ” MEANS AN ENTITY AUTH ORIZED BY 18
175+THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ADMINISTER 19
176+THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM IN THE STATE. 20
179177
180- (H) “PAYMENT STANDARDMEANS THE MAXIMUM MO NTHLY HOUSING 22
181-ASSISTANCE PAYMENT F OR A FAMILY ASSISTED UNDER THE STATE PROGRAM. 23
178+ (2) “PUBLIC HOUSING AGENCYDOES NOT INCLUDE THE 21
179+DEPARTMENT . 22
182180
183- (I) (1) “PUBLIC HOUSING AGENCY ” MEANS AN ENTITY AUTH ORIZED BY 24
184-THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ADMINI STER 25
185-THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM IN THE STATE. 26
181+ (J) “STATE PROGRAM” MEANS THE STATEWIDE RENTAL ASSISTANCE 23
182+VOUCHER PROGRAM ESTABLISHED UNDER THIS SUBTITLE . 24
186183
187- (2) “PUBLIC HOUSING AGENCY ” DOES NOT INCLUDE THE 27
188-DEPARTMENT . 28
184+ (K) “VOUCHER” MEANS A DOCUMENT ISSUED BY THE DEPARTMENT OR A 25
185+PUBLIC HOUSING AGENC Y TO A FAMILY THAT I S SELECTED TO RECEIV E ASSISTANCE 26
186+UNDER THE STATE PROGRAM, WHICH DESCRIBES THE STATE PROGRAM AND 27
187+PROCEDURES UNDER THE STATE PROGRAM. 28
189188
190- (J) “STATE PROGRAM” MEANS THE STATEWIDE RENTAL ASSISTANCE 29
191-VOUCHER PROGRAM ESTABLISHED U NDER THIS SUBTITLE . 30 HOUSE BILL 826 5
189+4–2902. 29 HOUSE BILL 826 5
192190
193191
194192
195- (K) “VOUCHER” MEANS A DOCUMENT ISS UED BY THE DEPARTMENT OR A 1
196-PUBLIC HOUSING AGENC Y TO A FAMILY THAT I S SELECTED TO RECEIV E ASSISTANCE 2
197-UNDER THE STATE PROGRAM, WHICH DESCRIBES THE STATE PROGRAM AND 3
198-PROCEDURES UNDER THE STATE PROGRAM. 4
193+ THERE IS A STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM IN THE 1
194+DEPARTMENT . 2
199195
200-4–2902. 5
196+4–2903. 3
201197
202- THERE IS A STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM IN THE 6
203-DEPARTMENT . 7
198+ THE PURPOSE OF THE STATE PROGRAM IS TO P ROVIDE VOUCHERS AND 4
199+HOUSING ASSISTANCE PAYMENTS FOR LOW–INCOME FAMILIES THAT ARE 5
200+CURRENTLY ON A WAITI NG LIST UNDER THE FE DERAL HOUSING CHOICE VOUCHER 6
201+PROGRAM FOR HOUSING IN UNITS APPROVED BY THE DEPARTMENT OR A PUBLI C 7
202+HOUSING AGENCY , IN ACCORDANCE WITH G UIDELINES UNDER THE FEDERAL 8
203+HOUSING CHOICE VOUCHER PROGRAM. 9
204204
205-4–2903. 8
205+4–2904. 10
206206
207- THE PURPOSE OF THE STATE PROGRAM IS TO PROVIDE VOUCHERS AND 9
208-HOUSING ASSISTANCE P AYMENTS FOR LOW –INCOME FAMILIES THAT ARE 10
209-CURRENTLY ON A WAITI NG LIST UNDER THE FE DERAL HOUSING CHOICE VOUCHER 11
210-PROGRAM FOR HOUSING I N UNITS APPROVED BY THE DEPARTMENT OR A PUBLI C 12
211-HOUSING AGENCY , IN ACCORDANCE WITH G UIDELINES UNDER TH E FEDERAL 13
212-HOUSING CHOICE VOUCHER PROGRAM. 14
207+ (A) (1) IN POLITICAL SUBDIVIS IONS WITHOUT A LOCAL ADMINISTRATOR 11
208+UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, THE DEPARTMENT 12
209+SHALL ADMINISTER THE STATE PROGRAM AND ISSUE VOUCHERS A ND HOUSING 13
210+ASSISTANCE PAYMENTS TO ASSIST LOW–INCOME HOUSEHOLDS THAT ARE ELIGIBLE 14
211+FOR BUT ARE NOT CURR ENTLY RECEIVING HOUS ING CHOICE VOU CHERS UNDER THE 15
212+FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 16
213213
214-4–2904. 15
214+ (2) IN POLITICAL SUBDIVISIONS WITH A PUBLIC HOUSIN G 17
215+AGENCY–ADMINISTRATOR UNDER THE FEDERAL HOUSING CHOICE VOUCHER 18
216+PROGRAM, THE PUBLIC HOUSING AGENCY SHALL ADMINISTER THE STATE 19
217+PROGRAM AND ISSUE VOUCHERS A ND HOUSING ASSISTANC E PAYMENTS TO ASSIST 20
218+LOW–INCOME HOUSEHOLDS TH AT ARE ELIGIBLE FOR BUT ARE NOT CURRENTL Y 21
219+RECEIVING HOUSING CH OICE VOUCHERS UNDER THE FEDERAL HOUSING CHOICE 22
220+VOUCHER PROGRAM. 23
215221
216- (A) (1) IN POLITICAL SUBDIVIS IONS WITHOUT A LOCAL ADMINISTRATOR 16
217-UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, THE DEPARTMENT 17
218-SHALL ADMINISTER THE STATE PROGRAM AND ISSUE VOU CHERS AND HOUSING 18
219-ASSISTANCE PAYMENTS TO ASSI ST LOW–INCOME HOUSEHOLDS TH AT ARE ELIGIBLE 19
220-FOR BUT ARE NOT CURR ENTLY RECEIVING HOUS ING CHOICE VOUCHERS UNDER THE 20
221-FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 21
222+ (B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SU BTITLE, THE STATE 24
223+PROGRAM SHALL BE ADMI NISTERED IN ACCORDAN CE WITH FEDERAL GUID ELINES 25
224+UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 26
222225
223- (2) IN POLITICAL SUBDIVIS IONS WITH A PUBLIC H OUSING 22
224-AGENCY–ADMINISTRATOR UNDER THE FEDERAL HOUSING CHOICE VOUCHER 23
225-PROGRAM, THE PUBLIC HOUSING A GENCY SHALL ADMINIST ER THE STATE 24
226-PROGRAM AND ISSUE VOU CHERS AND HOUSING AS SISTANCE PAYMENTS TO ASSIST 25
227-LOW–INCOME HOUSEHOLDS TH AT ARE ELIGIBLE FOR BUT ARE NOT CURRENTL Y 26
228-RECEIVING HOUSING CH OICE VOUCHERS UNDER THE F EDERAL HOUSING CHOICE 27
229-VOUCHER PROGRAM. 28
226+4–2905. 27
230227
231- (B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE STATE 29
232-PROGRAM SHALL BE ADMI NISTERED IN ACCORDAN CE WITH FEDERAL GUID ELINES 30
233-UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 31
228+ TO BE ELIGIBLE FOR A HOUSING ASSIST ANCE PAYMENT UNDER T HE STATE 28
229+PROGRAM, A FAMILY SHALL: 29
234230
235-4–2905. 32
231+ (1) RESIDE IN THE STATE; 30
232+
233+ (2) BE ON A FEDERAL HOUS ING CHOICE VOUCHER W AITING LIST; AND 31
236234 6 HOUSE BILL 826
237235
238236
239- TO BE ELIGIBLE FOR A HO USING ASSISTANCE PAY MENT UNDER THE STATE 1
240-PROGRAM, A FAMILY SHALL: 2
237+ (3) MEET LOW–INCOME ELIGIBILITY L IMITS UNDER THE FEDE RAL 1
238+HOUSING CHOICE VOUCHER PROGRAM OR INCOME REQUIREMEN TS AS 2
239+DETERMINED BY THE PU BLIC HOUSING AGENCY . 3
241240
242- (1) RESIDE IN THE STATE; 3
241+4–2906. 4
243242
244- (2) BE ON A FEDERAL HOUS ING CHOICE VOUCHER W AITING LIST; AND 4
243+ THE DEPARTMENT AND EACH PUBLIC HOUSING AGENC Y SHALL PRIORITIZE 5
244+VOUCHERS AND HOUSING ASSISTAN CE PAYMENTS FOR FAMILIES THAT INCLUD E: 6
245245
246- (3) MEET LOW–INCOME ELIGIBILITY L IMITS UNDER THE FEDE RAL 5
247-HOUSING CHOICE VOUCHER PROGRAM OR INCOME REQ UIREMENTS AS 6
248-DETERMINED BY THE PU BLIC HOUSING AGENCY . 7
246+ (1) A CHILD WHO IS UNDER THE AGE OF 16 YEARS; 7
249247
250-4–2906. 8
248+ (2) A MILITARY VETERAN ; 8
251249
252- THE DEPARTMENT AND EACH P UBLIC HOUSING AGENCY SHALL EQUALLY 9
253-PRIORITIZE VOUCHERS AND HOUSING ASSISTAN CE PAYMENTS FOR FAMI LIES THAT 10
254-INCLUDE: 11
250+ (3) AN INDIVIDUAL EXPERI ENCING HOMELESSNESS ; 9
255251
256- (1) A CHILD WHO IS UNDER THE AGE OF 16 18 YEARS; 12
252+ (4) A DISABLED INDIVIDUA L; OR 10
257253
258- (2) A FOSTER CHILD WHO I S: 13
254+ (5) AN ELDERLY INDIVIDUA L. 11
259255
260- (I) AT LEAST 18 YEARS OLD; BUT 14
256+4–2907. 12
261257
262- (II) UNDER THE AGE OF 24 YEARS; 15
258+ WHEN AN OFFER OF ASSI STANCE IS MADE, A FAMILY HAS 15 DAYS TO PROVIDE 13
259+DOCUMENTATION TO VER IFY THEIR INCOME WITH THE DEPARTMENT OR THE 14
260+PUBLIC HOUSING AGENC Y. 15
263261
264- (3) A MILITARY VETERAN ; 16
262+4–2908. 16
265263
266- (3) (4) AN INDIVIDUAL EXPERI ENCING HOMELESSNESS ; 17
264+ (A) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL CALCULATE 17
265+PAYMENT STANDARDS AN D HOUSING ASSISTANCE PAYMENTS UNDER THE STATE 18
266+PROGRAM IN ACCORDANCE WITH GUIDELINES FOR THE FEDERAL HOUSING CHOICE 19
267+VOUCHER PROGRAM. 20
267268
268- (4) (5) A DISABLED INDIVIDUAL; OR 18
269+ (B) A FAMILY ASSISTED UNDER THE STATE PROGRAM SHALL BE EXPECTED 21
270+TO PAY A PROPORTION OF ITS MONTHLY ADJUS TED GROSS INCOME FOR RENT AND 22
271+UTILITIES, AS DETERMINED BY THE DEPARTMENT OR THE PUBLIC HOUSING 23
272+AGENCY. 24
269273
270- (5) (6) AN ELDERLY INDIVIDUA L. 19
274+4–2909. 25
271275
272-4–2907. 20
273-
274- WHEN AN OFFER OF ASSI STANCE IS MADE , A FAMILY HAS 15 30 DAYS TO 21
275-PROVIDE DOCUMENTATIO N TO VERIFY THEIR IN COME WITH THE DEPARTMENT OR 22
276-THE PUBLIC HOUSING A GENCY. 23
277-
278-4–2908. 24
279-
280- (A) THE DEPARTMENT OR A PU BLIC HOUSING AGENCY SHALL CALCULATE 25
281-PAYMENT STANDARDS AN D HOUSING ASSISTANCE PAYMENTS UNDER THE STATE 26
282-PROGRAM IN ACCORDANCE WITH GUIDELINES FOR THE FEDERAL HOUSING CHOICE 27
283-VOUCHER PROGRAM. 28 HOUSE BILL 826 7
276+ HOUSING ASSISTANCE PA YMENTS FOR A FAMILY SHALL CONTINUE FOR UP TO 26
277+5 YEARS OR UNTIL A FED ERAL HOUSING CHOICE VOUCHER UNDER THE FEDERAL 27
278+HOUSING CHOICE VOUCHER PROGRAM BECOMES AVAILABLE , WHICHEVER OCCURS 28
279+FIRST. 29 HOUSE BILL 826 7
284280
285281
286282
287- (B) A FAMILY ASSISTED UNDE R THE STATE PROGRAM SHALL BE EXPE CTED 1
288-TO PAY A PROPORTION NOT MORE THAN 30% OF ITS MONTHLY ADJUS TED GROSS 2
289-INCOME FOR RENT AND UTILITIES, AS DETERMINED BY THE DEPARTMENT OR THE 3
290-PUBLIC HOUSING AGENC Y. 4
283+4–2910. 1
291284
292-4–2909. 5
285+ (A) A FAMILY MAY REQUEST T HAT THE DEPARTMENT OR A PUBLI C 2
286+HOUSING AGENCY APPRO VE A LIVE–IN AIDE IF THE FAMILY IS COMP OSED OF A 3
287+DISABLED INDIVIDUAL WHO IS TH E HEAD OF HOUSEHOLD . 4
293288
294- HOUSING ASSISTANCE PA YMENTS FOR A FAMILY SHALL CONTINUE FOR U P TO 6
295-5 YEARS OR UNTIL A FED ERAL HOUSING CHOICE VOUCHER UNDER THE FE DERAL 7
296-HOUSING CHOICE VOUCHER PROGRAM BECOMES AVAIL ABLE, WHICHEVER OCCURS 8
297-FIRST. 9
289+ (B) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL APPROVE A 5
290+LIVE–IN AIDE IF A LIVE–IN AIDE IS REQUIRED AS A REASONABLE ACCO MMODATION 6
291+UNDER 24 C.F.R. § 8.11. 7
298292
299-4–2910. 10
293+ (C) THE DEPARTMENT OR A PUBLIC HOUSING AGENCY MAY NOT INCLUDE A 8
294+LIVE–IN AIDE’S INCOME WHEN DETERMINING A F AMILY’S INCOME ELIGIBILITY 9
295+UNDER THE STATE PROGRAM. 10
300296
301- (A) A FAMILY MAY REQUEST T HAT THE DEPARTMENT OR A PUBLIC 11
302-HOUSING AGENCY APPRO VE A LIVE–IN AIDE IF THE FAMILY IS COM POSED OF A 12
303-DISABLED INDIVIDUAL WHO IS THE HEAD OF H OUSEHOLD TO PROVIDE NECESSARY 13
304-SUPPORTIVE SERVICES FOR A FAMILY MEMBER WHO IS A PERSON WITH A 14
305-DISABILITY. 15
297+4–2911. 11
306298
307- (B) THE DEPARTMENT OR A PUBLIC HOUSING AGENCY SHALL APPROVE A 16
308-LIVE–IN AIDE IF A LIVE–IN AIDE IS REQUIRED AS A REASONABLE ACCO MMODATION 17
309-UNDER 24 C.F.R. § 8.11 REASONABLY MODIFY IT S POLICIES, PROCEDURES , AND 18
310-RULES TO ALLOW A FAM ILY THAT INCLUDES A PERSON WITH A DISABI LITY TO HAVE 19
311-A LIVE–IN AIDE. 20
299+ (A) (1) (I) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL 12
300+CONDUCT ANNUAL INSPECTION S OF EACH UNIT RENTED USING HOUSING 13
301+ASSISTANCE PAYMENTS TO ENSURE THE CONTIN UED COMPLIANCE WITH FEDERAL 14
302+HOUSING QUALITY STAN DARDS UNDER 24 C.F.R. § 982.401. 15
312303
313- (C) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY NOT INCLUDE A 21
314-LIVE–IN AIDE’S INCOME WHEN DETERM INING A FAMILY ’S INCOME ELIGIBILITY 22
315-UNDER THE STATE PROGRAM. 23
304+ (II) INSPECTIONS SHALL OCC UR ON THE INITIAL LEASE DA TE 16
305+AND EACH YEAR THEREA FTER. 17
316306
317-4–2911. 24
307+ (2) FOR A UNIT LOCATED IN A BUILDING WITH 3 TO 49 UNITS, THE 18
308+PROPERTY OWNER SHALL PROVIDE THE DEPARTMENT OR THE PUB LIC HOUSING 19
309+AGENCY WITH A CERTIF ICATE OF OCCUPANCY T HAT HAS BEEN COMPLET ED WITHIN 20
310+1 YEAR. 21
318311
319- (A) (1) (I) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL 25
320-CONDUCT ANNUAL INSPE CTIONS OF EACH UNIT RENTED USING HOUSING 26
321-ASSISTANCE PAYMENTS TO ENSURE THE CONTIN UED COMPLIANCE WITH FEDERAL 27
322-HOUSING QUALITY STAN DARDS UNDER 24 C.F.R. § 982.401. 28
312+ (3) FOR A UNIT LOCATED IN A BUILDING WITH 50 UNITS OR MORE, 22
313+THE PROPERTY OWNER SHALL PROVIDE THE DEPARTMENT OR THE PUB LIC 23
314+HOUSING AGENCY WITH AN INSPECTION CERTIF ICATE. 24
323315
324- (II) (2) INSPECTIONS SHALL OCCUR ON OR BEFORE THE 29
325-INITIAL LEASE DATE A ND EACH YEAR THEREAF TER. 30
316+ (B) A PROPERTY OWNER WHO H AS RECEIVED THREE OR MORE PENALTY 25
317+NOTICES FROM THE DEPARTMENT OR A PUBLI C HOUSING AGENCY FOR A VIOLATION 26
318+OF FEDERAL H OUSING QUALITY STAND ARDS IS NOT ELIGIBLE TO LEASE THE 27
319+OWNER’S PROPERTIES TO FAMILIES RECEIVIN G ASSISTANCE UNDER THE STATE 28
320+PROGRAM. 29
326321
327- (2) (B) FOR A UNIT LOCATED IN A BUILDING WITH 3 TO 49 UNITS, 31
328-THE PROPERTY OWNER S HALL PROVIDE THE DEPARTMENT OR THE PUB LIC 32 8 HOUSE BILL 826
322+4–2912. 30
323+ 8 HOUSE BILL 826
329324
330325
331-HOUSING AGENCY WITH A CERTIFICATE OF OCC UPANCY THAT HAS BEEN 1
332-COMPLETED WITHIN 1 YEAR. 2
326+ THE DEPARTMENT SHALL ENSU RE THAT SUBSIDY STAN DARDS FOR UNIT 1
327+SELECTION COMPLY WIT H FEDERAL GUIDELINES UNDER THE HOUSING CHOICE 2
328+VOUCHER PROGRAM, INCLUDING THE MANDAT E TO PROVIDE FOR THE SMALLEST 3
329+NUMBER OF BEDROOMS N EEDED TO HOUSE A FAM ILY WITHOUT OVERCROW DING. 4
333330
334- (3) (C) FOR A UNIT LOCATED IN A BUILDING WITH 50 UNITS OR 3
335-MORE, THE PROPERTY OWNER S HALL PROVIDE THE DEPARTMENT OR THE PUB LIC 4
336-HOUSING AGENCY WITH AN INSPECTION CERTIF ICATE. 5
331+4–2913. 5
337332
338- (B) A PROPERTY OWNER WHO H AS RECEIVED THREE OR MORE PENALTY 6
339-NOTICES FROM THE DEPARTMENT OR A PUBLI C HOUSING AGENCY FOR A VIOLATION 7
340-OF FEDERAL HOUSING Q UALITY STANDARDS IS NOT ELIGIBLE TO LEAS E THE 8
341-OWNER’S PROPERTIES TO FAMI LIES RECEIVING ASSIS TANCE UNDER THE STATE 9
342-PROGRAM. 10
333+ (A) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY DENY 6
334+ASSISTANCE UNDER THE STATE PROGRAM BY: 7
343335
344-4–2912. 11
336+ (I) DENYING LISTING ON T HE STATE PROGRAM LIST; 8
345337
346- THE DEPARTMENT SHALL ENSURE THAT SU BSIDY STANDARDS FOR UNIT 12
347-SELECTION COMPLY WIT H FEDERAL GUIDELINES UNDER THE HOUSING CHOICE 13
348-VOUCHER PROGRAM, INCLUDING THE MANDAT E TO PROVIDE FOR THE SMALLEST 14
349-NUMBER OF BEDROOMS N EEDED TO HOUSE A FAM ILY WITHOUT OVERCROW DING. 15
338+ (II) DENYING A VOUCHER UNDER THE STATE PROGRAM; 9
350339
351-4–2913. 16
340+ (III) WITHDRAWING A STATE PROGRAM VOUCHER; 10
352341
353- (A) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY DENY 17
354-ASSISTANCE UNDER THE STATE PROGRAM BY: 18
342+ (IV) REFUSING TO ENTER IN TO A CONTRACT FOR HO USING 11
343+ASSISTANCE PAYMENTS ; OR 12
355344
356- (I) DENYING LISTING ON T HE STATE PROGRAM LIST; 19
345+ (V) REFUSING TO APPROVE A LEASE UNDE R THE STATE 13
346+PROGRAM. 14
357347
358- (II) (I) DENYING A VOUCHER UN DER THE STATE PROGRAM; 20
348+ (2) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL DENY 15
349+ASSISTANCE UNDER THE STATE PROGRAM TO: 16
359350
360- (III) (II) WITHDRAWING A STATE PROGRAM VOUCHER ; 21
351+ (I) SEX OFFENDERS WHO AR E SUBJECT TO A LIFET IME 17
352+REGISTRATION REQUIRE MENT UNDER A STATE SEX OFFENDER RE GISTRATION 18
353+PROGRAM; AND 19
361354
362- (IV) (III) REFUSING TO ENTER IN TO A CONTRACT FOR HO USING 22
363-ASSISTANCE PAYMENTS ; OR 23
355+ (II) ALL OTHER SEX OFFEND ERS, FOR 10 YEARS FOLLOWING 20
356+THEIR CONVICTION FOR A SEX–RELATED CRIME . 21
364357
365- (V) (IV) REFUSING TO APPROVE A LEASE UNDER THE STATE 24
366-PROGRAM. 25
358+ (3) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY DENY 22
359+ASSISTANCE UNDER THE STATE PROGRAM IF THE DEPARTMENT OR A PUBLI C 23
360+HOUSING AGENCY FIND S THAT ANY INDIVIDUAL IN A FAMILY HAS BEEN CONVICTED 24
361+OF: 25
367362
368- (2) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL DENY 26
369-ASSISTANCE UNDER THE STATE PROGRAM TO: 27
363+ (I) A DRUG–RELATED CRIME UNDER STATE LAW; OR 26
370364
371- (I) SEX OFFENDERS WHO AR E SUBJECT TO A LIFET IME 28
372-REGISTRATION REQUIRE MENT UNDER A STATE SEX OFFENDER RE GISTRATION 29
373-PROGRAM; AND 30
374- HOUSE BILL 826 9
365+ (II) A VIOLENT CRIME. 27
366+
367+ (4) IF THE DEPARTMENT OR PUBLIC HOUSING AGENCY DENIE S 28
368+ASSISTANCE UNDER THE STATE PROGRAM, THE DEPARTMENT OR THE PUB LIC 29 HOUSE BILL 826 9
375369
376370
377- (II) ALL OTHER SEX OFFEND ERS, FOR 10 YEARS FOLLOWING 1
378-THEIR CONVICTION FOR A SEX–RELATED CRIME . 2
371+HOUSING AGENCY SHALL PROMPTLY PROVIDE THE APPLICANT WITH A NOT ICE 1
372+EXPLAINING THE DENIA L AND INDICATING THA T THE APPLICANT MAY REQUEST AN 2
373+INFORMAL REVIEW . 3
379374
380- (3) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY DENY 3
381-ASSISTANCE UNDER THE STATE PROGRAM IF THE DEPARTMENT OR A PUBLI C 4
382-HOUSING AGENCY FINDS THAT ANY INDIVIDUAL IN A FAMILY RESIDING IN A UNIT 5
383-RENTED USING ASSISTA NCE FROM THE STATE PROGRAM HAS BEEN CONVICTED O F: 6
375+ (B) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY 4
376+TERMINATE ASSISTANCE UNDER THE STATE PROGRAM B Y: 5
384377
385- (I) A DRUG–RELATED CRIME UNDER STATE LAW; OR 7
378+ (I) REFUSING TO ENTER IN TO A STATE PROGRAM CONTRACT ; 6
386379
387- (II) A VIOLENT CRIME . 8
380+ (II) REFUSING TO APPROVE A LEASE UNDER THE STATE 7
381+PROGRAM; OR 8
388382
389- (4) IF THE DEPARTMENT OR PUBLIC HOUSING AGENCY DENIE S 9
390-ASSISTANCE UNDER THE STATE PROGRAM, THE DEPARTMENT OR THE PUB LIC 10
391-HOUSING AGENCY SHALL PROMPTLY PROVIDE THE APPLICANT WITH A NOTICE 11
392-EXPLAINING THE DENIA L AND INDICATING THA T THE APPLICANT MAY REQUEST AN 12
393-INFORMAL REVIEW . 13
383+ (III) TERMINATING HOUSING ASSISTANCE PAYMENTS UNDER A 9
384+STATE PROGRAM CONTRACT . 10
394385
395- (B) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY 14
396-TERMINATE ASSISTANCE UNDER THE STATE PROGRAM BY: 15
386+ (2) THE DEPARTMENT OR A PUBLIC AGENCY SHALL TERMINATE 11
387+ASSISTANCE UNDER THE STATE PROGRAM FOR : 12
397388
398- (I) REFUSING TO ENTER IN TO A STATE PROGRAM CONTRAC T; 16
389+ (I) FAMILIES WHO WERE EV ICTED UNDER THE STATE 13
390+PROGRAM FOR SERIOUS VIOLATIONS OF THE LE ASE; 14
399391
400- (II) REFUSING TO APPROVE A LEASE UNDER THE STATE 17
401-PROGRAM; OR 18
392+ (II) FAMILIES WHO FAIL TO SIGN ANY FORMS FROM THE 15
393+DEPARTMENT OR A PUBLI C HOUSING AGENCY IND ICATING CONSENT TO OBTAIN 16
394+INFORMATION ; 17
402395
403- (III) TERMINATING HOUSING ASSISTANCE PAYMENTS UNDER A 19
404-STATE PROGRAM CONTRACT . 20
396+ (III) SEX OFFENDERS SUBJEC T TO A LIFETIME REGI STRATION 18
397+REQUIREMENT UNDER A STATE SEX OFFENDER RE GISTRATION PROGRAM ; 19
405398
406- (2) THE DEPARTMENT OR A PUBLI C AGENCY SHALL TERMI NATE 21
407-ASSISTANCE UNDER THE STATE PROGRAM FOR : 22
399+ (IV) ALL OTHER SEX OFFENDERS , FOR 10 YEARS FOLLOWING 20
400+THEIR CONVICTION FOR A SEX–RELATED CRIME UNDER STATE LAW; AND 21
408401
409- (I) FAMILIES WHO WERE EVI CTED UNDER THE STATE 23
410-PROGRAM FOR SERIOUS VIOLATIONS OF THE LE ASE; 24
402+ (V) FAMILIES THAT ARE AB SENT FROM A STATE PROGRAM UNIT 22
403+FOR MORE THAN 180 CONSECUTIVE DAYS . 23
411404
412- (II) FAMILIES WHO FAIL TO SIGN ANY FORMS FROM THE 25
413-DEPARTMENT OR A PUBLI C HOUSING AGENCY IND ICATING CONSENT TO O BTAIN 26
414-INFORMATION ; AND 27
405+ (C) AFTER CONSIDERING ALL RELEVANT CIRCUMSTANC ES, INCLUDING THE 24
406+SERIOUSNESS OF THE C ASE, THE EXTENT OF PARTIC IPATION OR CULPABILI TY OF 25
407+INDIVIDUAL FAMILY MEMBERS , MITIGATING CIRCUMSTA NCES RELATED TO THE 26
408+DISABILITY OF A FAMI LY MEMBER, AND THE EFFECTS OF D ENIAL OR TERMINATION 27
409+OF ASSISTANCE ON OTH ER FAMILY MEMBERS WH O WERE NOT INVOLVED IN THE 28
410+ACTION OR FAILURE , THE DEPARTMENT OR THE PUB LIC HOUSING AGEN CY MAY 29
411+DENY ADMISSION INTO OR TERMINATE AS SISTANCE UNDER THE STATE PROGRAM IF 30
412+A FAMILY MEMBER : 31
413+ 10 HOUSE BILL 826
415414
416- (III) SEX OFFENDERS SUBJEC T TO A LIFETIME REGIST RATION 28
417-REQUIREMENT UNDER A STATE SEX OFFENDER RE GISTRATION PROGRAM ;. 29
418415
419- (IV) ALL OTHER SEX OFFEND ERS, FOR 10 YEARS FOLLOWING 30
420-THEIR CONVICTION FOR A SEX–RELATED CRIME UNDER STATE LAW; AND 31 10 HOUSE BILL 826
416+ (1) VIOLATES ANY OBLIGAT IONS UNDER THE STATE PROGRAM; 1
417+
418+ (2) HAS BEEN EVICTED FROM FEDERALLY ASSISTED HOUSING WIT HIN 2
419+THE PRECEDING 3 YEARS; 3
420+
421+ (3) HAS COMMITT ED FRAUD, BRIBERY, OR ANY OTHER CORRUPT OR 4
422+CRIMINAL ACT IN CONN ECTION WITH THE STATE PROGRAM; 5
423+
424+ (4) OWES A FINANCIAL OBL IGATION TO THE DEPARTMENT OR PUBLIC 6
425+HOUSING AGENCY IN CONNECTION WITH ANOTHER HOUSING OR RENTAL 7
426+ASSISTANCE PROGRAM ; 8
427+
428+ (5) BREACHES A REPAYMENT AGREEMENT TO PAY AMOUNTS OWED 9
429+TO THE DEPARTMENT OR PUBLIC HOUSING AG ENCY; OR 10
430+
431+ (6) HAS ENGAGED IN OR TH REATENED ABUSIVE OR VIOLENT 11
432+BEHAVIOR TOWARD DEPARTMENT OR PUBLIC HOUSING AGENCY EMPLO YEES. 12
433+
434+ (D) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY PROHIBIT 13
435+OTHER FAMILY MEMBERS WHO PARTICIPATED IN OR WERE CULPABLE FOR ACTIONS 14
436+SPECIFIED UNDER THIS SECTION F ROM RESIDING IN A UNIT RENTED USING 15
437+ASSISTANCE FROM THE STATE PROGRAM. 16
438+
439+ (2) IN MAKING THE DETERMI NATION UNDER PARAGRA PH (1) OF THIS 17
440+SUBSECTION, THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY CONSIDER: 18
441+
442+ (I) THE SERIOUSNESS OF T HE CASE; 19
443+
444+ (II) THE EXTENT OF PARTIC IPATION BY OR CULPABILITY OF 20
445+INDIVIDUAL FAMILY ME MBERS; 21
446+
447+ (III) MITIGATING CIRCUMSTA NCES RELATED TO THE DISABILITY 22
448+OF A FAMILY MEMBER; AND 23
449+
450+ (IV) THE EFFECTS OF THE PROHIBITION ON OTHER FAMILY 24
451+MEMBERS WHO WERE NOT INVOLVED IN THE ACTI ON OR FAILURE. 25
452+
453+4–2914. 26
454+
455+ (A) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 27
456+SHALL: 28
457+ HOUSE BILL 826 11
458+
459+
460+ (1) SUPPLY ANY INFORMATIO N TO THE DEPARTMENT OR THE PUB LIC 1
461+HOUSING AGENCY NECES SARY FOR THE ADMINIS TRATION OF THE STATE PROGRAM; 2
462+
463+ (2) NOTIFY THE DEPARTMENT OR THE PUB LIC HOUSING AGENCY 3
464+BEFORE VACATING THE UNIT; 4
465+
466+ (3) USE THE UNIT ONLY AS A PRINCIPAL PLACE OF RESIDENCE; AND 5
467+
468+ (4) MAINTAIN ALL UTILITIES THA T ARE NOT PAID THROU GH THE 6
469+HOUSING ASSISTANCE P AYMENT. 7
470+
471+ (B) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 8
472+MAY NOT: 9
473+
474+ (1) HAVE A FINANCIAL INTE REST IN THE UNIT; 10
475+
476+ (2) COMMIT FRAUD IN CONNE CTION WITH THE STATE PROGRAM; OR 11
477+
478+ (3) SUBLEASE OR ASSIGN TH E LEASE OR TRANSFER THE UNIT. 12
479+
480+4–2915. 13
481+
482+ THE DEPARTMENT OR A PUBLIC HOUSING AGENCY SHALL GIVE EACH FAMILY 14
483+THAT RECEIVES ASSIST ANCE UNDER THE STATE PROGRAM A WRITTEN 15
484+DESCRIPTION OF : 16
485+
486+ (1) THE FAMILY’S OBLIGATIONS UNDER THE STATE PROGRAM; 17
487+
488+ (2) THE GROUNDS ON WHICH THE DEPARTMENT OR THE PUBLIC 18
489+HOUSING AGENCY MAY DENY OR TERMINAT E ASSISTANCE UNDER T HE STATE 19
490+PROGRAM; AND 20
491+
492+ (3) THE PROCESS TO REQUES T A HEARING. 21
493+
494+4–2916. 22
495+
496+ THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL RECERTIFY A 23
497+FAMILY FOR CONTINUED ADMISSION UNDER THE STATE PROGRAM, IN 24
498+ACCORDANCE WITH FEDE RAL GUIDELINES UNDER THE FEDERAL HOUSING CHOICE 25
499+VOUCHER PROGRAM. 26
500+
501+4–2917. 27
502+ 12 HOUSE BILL 826
503+
504+
505+ (A) IF THE HEAD OF HOUSE HOLD WHO WAS RECEIVING AS SISTANCE UNDER 1
506+THE STATE PROGRAM DIES, A SURVIVING F AMILY MEMBER MAY REC EIVE THE 2
507+ASSISTANCE. 3
508+
509+ (B) (1) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEIVING 4
510+ASSISTANCE UNDER THE STATE PROGRAM DIES: 5
511+
512+ (I) A REMAINING ELDERLY IN DIVIDUAL IN THE UNIT SHALL 6
513+RECEIVE THE ASSISTANCE; OR 7
514+
515+ (II) HOUSING ASSISTANCE PAYMENTS SHALL TERMI NATE. 8
516+
517+ (2) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEIVING 9
518+ASSISTANCE UNDER THE STATE PROGRAM MOVES TO A FEDERALLY ASSISTED 10
519+LONG–TERM CARE FACILITY , THE HOUSING ASSISTAN CE PAYMENTS SHALL 11
520+TERMINATE. 12
521+
522+4–2918. 13
523+
524+ ANY GUIDELINES ON THE TERMINATION OF A SSISTANCE OR ON EVICTIONS 14
525+ESTABLISHED BY THE DEPARTMENT OR A PUBLI C HOUSING AGENCY UND ER THIS 15
526+SUBTITLE SHALL BE AT LEAST AS PROTECTIVE OF TENANTS’ RIGHTS AS GUIDELINES 16
527+ESTABLISHED UNDER TH E FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 17
528+
529+4–2919. 18
530+
531+ (A) (1) FOR FISCAL YEAR S 2025, 2026, AND 2027, THE GOVERNOR SHALL 19
532+INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $15,000,000 TO THE 20
533+DEPARTMENT FOR THE STATE PROGRAM. 21
534+
535+ (2) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR THEREAFTER , 22
536+THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N 23
537+SUFFICIENT TO FUND A T LEAST THE SAME NUM BER OF VOUCHERS ISSU ED IN THE 24
538+PRIOR FISCAL YEAR . 25
539+
540+ (B) OF THE AMOUNT SPECIFIED UNDER SUBS ECTION (A) OF THIS SECTION, 26
541+THE DEPARTMENT SHALL DISTRIBUTE 1% EACH YEAR TO PUBLIC HOUSING 27
542+AGENCIES TO HELP DEF RAY STAFFING EXPENSES RELATED TO THE 28
543+ADMINISTRATION OF THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM AND 29
544+THE STATE PROGRAM. 30
545+ HOUSE BILL 826 13
546+
547+
548+ (C) THE DEPARTMENT SHALL DEVELOP A FORMULA FO R DISTRIBUTING 1
549+STATE PROGRAM FUNDS TO THE DEPARTMENT AND EACH PUBLIC HOUSING 2
550+AGENCY. 3
551+
552+4–2920. 4
553+
554+ ON OR BEFORE DECEMBER 30, 2024, AND EACH YEAR THEREA FTER, THE 5
555+DEPARTMENT AND EACH POLITICAL S UBDIVISION THAT HAS A PUBLIC HOUSING 6
556+AGENCY SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 7
557+OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 8
558+
559+ (1) THE NUMBER OF FAMILI ES RECEIVING ASSISTA NCE UNDER THE 9
560+STATE PROGRAM; 10
561+
562+ (2) COMPLIANCE WITH INCO ME ELIGIBILITY REQUI REMENTS UNDER 11
563+THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM; 12
564+
565+ (3) THE TOTAL AMOUNT OF FUNDS RECEIVED ; 13
566+
567+ (4) THE NUMBER OF HOUSEH OLDS TERMINATED FROM THE STATE 14
568+PROGRAM; 15
569+
570+ (5) THE INCOMES OF FAMIL IES RECEIVING ASSIST ANCE UNDER THE 16
571+STATE PROGRAM; 17
572+
573+ (6) THE GEOGRAPHIC LOCATIONS WHERE FAMILIES RECEI VING 18
574+ASSISTANCE UNDER THE STATE PROGRAM HAVE BEEN HOUSED ; 19
575+
576+ (7) THE RACE AND GENDER OF INDIVIDUALS IN FAMILIES RECEIVING 20
577+ASSISTANCE UNDER THE STATE PROGRAM; 21
578+
579+ (8) THE HOUSEHOLD SIZE F OR FAMILIES RECEIVING ASSISTAN CE 22
580+UNDER THE STATE PROGRAM; 23
581+
582+ (9) THE NUMBER OF FAMILIES RECEIVIN G ASSISTANCE UNDER THE 24
583+STATE PROGRAM, BASED ON THE PREFERENCES LISTED IN § 4–2905(B) OF THIS 25
584+SUBTITLE; 26
585+
586+ (10) THE LENGTH OF TIME T HAT EACH FAMILY HAS RECEIVED 27
587+ASSISTANCE UNDER THE STATE PROGRAM; 28
588+
589+ (11) THE AVERAGE LENGTH OF TI ME FROM APPLICATION INTO THE 29
590+STATE PROGRAM AND RECEIPT O F HOUSING ASSISTANCE PAYMENTS; 30 14 HOUSE BILL 826
421591
422592
423593
424- (V) FAMILIES THAT ARE AB SENT FROM A STATE PROGRAM UNIT 1
425-FOR MORE THAN 180 CONSECUTIVE DAYS . 2
594+ (12) ANY REFERRALS MADE F OR FAMILIES UNDER TH E STATE 1
595+PROGRAM FOR WRAPAROUND SERVICES, INCLUDING JOB TRAINI NG; AND 2
426596
427- (C) AFTER CONSIDERING WHEN DETERMINING THE DENIAL OR 3
428-TERMINATION OF ASSIS TANCE UNDER THE STATE PROGRAM, THE DEPARTMENT 4
429-MAY CONSIDER ALL RELEVANT CIRCUMS TANCES, INCLUDING THE SERIOU SNESS OF 5
430-THE CASE, THE EXTENT OF PARTICIPATION OR CULPABILITY OF IN DIVIDUAL FAMILY 6
431-MEMBERS, MITIGATING CIRCUMSTA NCES RELATED TO THE DISABILITY OF A FAMI LY 7
432-MEMBER, AND THE EFFECTS OF D ENIAL OR TERMINATION OF ASSISTANCE ON 8
433-OTHER FAMILY MEMBERS WHO WERE NOT INVOLVE D IN THE ACTION OR F AILURE, 9
434-THE DEPARTMENT OR THE PUB LIC HOUSING AGENCY M AY DENY ADMISSION INTO 10
435-OR TERMINATE ASSISTA NCE UNDER THE STATE PROGRAM IF A FAMILY MEMBER : 11
597+ (13) ANY RESOURCES USED TO AD VERTISE THE STATE PROGRAM. 3
436598
437- (1) VIOLATES ANY OBLIGAT IONS UNDER THE STATE PROGRAM; 12
599+4–2921. 4
438600
439- (2) HAS BEEN EVICTED FRO M FEDERALLY ASSISTED HOUSING FOR 13
440-VIOLENT CRIMINAL ACT IVITY THAT THREATENE D THE HEALTH , SAFETY, OR 14
441-WELFARE OF OTHER RES IDENTS WITHIN THE PRECEDING 3 YEARS; 15
601+ THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS SUBTITLE . 5
442602
443- (3) HAS COMMITTED FRAUD , BRIBERY, OR ANY OTHER CORRUPT OR 16
444-CRIMINAL ACT IN CONN ECTION WITH THE STATE PROGRAM; 17
445-
446- (4) OWES A FINANCIAL OBLIGATION TO THE DEPARTMENT OR PUBLIC 18
447-HOUSING AGENCY IN CO NNECTION WITH ANOTHE R HOUSING OR RENTAL 19
448-ASSISTANCE PROGRAM ; 20
449-
450- (5) BREACHES A REPAYMENT AGREEMENT TO PAY AMO UNTS OWED 21
451-TO THE DEPARTMENT OR PUBLIC HOUSING AGENCY ; OR 22
452-
453- (6) HAS ENGAGED IN OR T HREATENED ABUSIVE OR VIOLENT 23
454-BEHAVIOR TOWARD DEPARTMENT OR PUBLIC HOUSING AGENCY EMPLO YEES, THE 24
455-PROPERTY OWNER OR PR OPERTY MANAGEMENT ST AFF, OR OTHER RESIDENTS ; OR 25
456-
457- (7) RECEIVES ASSISTANCE UNDER THE STATE PROGRAM AND IS 26
458-ABSENT FROM THE UNIT FOR MORE THAN 180 CONSECUTIVE DAYS . 27
459-
460- (D) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY PROHIBIT 28
461-OTHER FAMILY MEMBERS WHO PARTICIPATED IN OR WERE CULPABLE FOR ACTIONS 29
462-SPECIFIED UNDER THIS SECTION FROM RESIDIN G IN A UNIT RENTED U SING 30
463-ASSISTANCE FROM THE STATE PROGRAM. 31
464-
465- (2) IN MAKING THE DETERMI NATION UNDER PARAGRA PH (1) OF THIS 32
466-SUBSECTION, THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY CONSIDER: 33 HOUSE BILL 826 11
467-
468-
469-
470- (I) THE SERIOUSNESS OF T HE CASE; 1
471-
472- (II) THE EXTENT OF PARTIC IPATION BY OR CULPAB ILITY OF 2
473-INDIVIDUAL FAMILY ME MBERS; 3
474-
475- (III) MITIGATING CIRCUMSTA NCES RELATED TO THE DISABILITY 4
476-OF A FAMILY MEMBER ; AND 5
477-
478- (IV) THE EFFECTS OF THE P ROHIBITION ON OTHER FAMILY 6
479-MEMBERS WHO WERE NOT INVOLVED IN THE ACTI ON OR FAILURE. 7
480-
481-4–2914. 8
482-
483- (A) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 9
484-SHALL: 10
485-
486- (1) SUPPLY ANY INFORMATI ON TO THE DEPARTMENT OR THE PUB LIC 11
487-HOUSING AGENCY NECES SARY FOR THE ADMINIS TRATION OF THE STATE PROGRAM; 12
488-
489- (2) NOTIFY THE DEPARTMENT OR THE PUB LIC HOUSING AGENCY 13
490-BEFORE VACATING THE UNIT; 14
491-
492- (3) USE THE UNIT ONLY AS A PRINCIPAL PLACE OF RESIDENCE ; AND 15
493-
494- (4) MAINTAIN ALL UTILITI ES THAT ARE NOT PAID THROUGH THE 16
495-HOUSING ASSISTANCE P AYMENT. 17
496-
497- (B) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 18
498-MAY NOT: 19
499-
500- (1) HAVE A FINANCIAL INT EREST IN THE UNIT OWN THE UNIT THAT 20
501-THE ASSISTANCE IS PR OVIDED FOR; 21
502-
503- (2) COMMIT FRAUD IN CONN ECTION WITH THE STATE PROGRAM; OR 22
504-
505- (3) SUBLEASE OR ASSIGN T HE LEASE OR TRANSFER THE UNIT; OR 23
506-
507- (4) ALLOW ANYONE NOT ON THE UNIT LEASE TO RE SIDE IN THE UNIT. 24
508-
509-4–2915. 25
510-
511- THE DEPARTMENT OR A PUBLIC HOUSING AGENCY SHALL GIVE EA CH FAMILY 26
512-THAT RECEIVES ASSIST ANCE UNDER THE STATE PROGRAM A WRITTEN 27
513-DESCRIPTION OF : 28 12 HOUSE BILL 826
514-
515-
516-
517- (1) THE FAMILY’S OBLIGATIONS UNDER THE STATE PROGRAM; 1
518-
519- (2) THE GROUNDS ON WHICH THE DEPARTMENT OR THE PUB LIC 2
520-HOUSING AGENCY M AY DENY OR TERMINATE ASSISTANCE UNDER THE STATE 3
521-PROGRAM; AND 4
522-
523- (3) THE PROCESS TO REQUE ST A AN INFORMAL HEARING. 5
524-
525-4–2916. 6
526-
527- THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL RECERTIFY A 7
528-FAMILY FOR CONTINUED ADMISSION UNDER THE STATE PROGRAM, IN 8
529-ACCORDANCE WITH FEDERAL GUIDELI NES UNDER THE FEDERA L HOUSING CHOICE 9
530-VOUCHER PROGRAM. 10
531-
532-4–2917. 11
533-
534- (A) IF THE HEAD OF HOUSEH OLD WHO WAS RECEIVIN G ASSISTANCE UNDER 12
535-THE STATE PROGRAM DIES , A SURVIVING FAMILY M EMBER MAY CONTINUE TO 13
536-RECEIVE THE ASSISTAN CE IF THE HOUSEHOLD I S SOLELY OCCUPIED BY REMAINING 14
537-FAMILY MEMBERS IN AC CORDANCE WITH THIS S UBTITLE. 15
538-
539- (B) (1) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEI VING 16
540-ASSISTANCE UNDER THE STATE PROGRAM DIES : 17
541-
542- (I) A REMAINING ELDERLY INDIVIDUAL IN THE UN IT SHALL 18
543-RECEIVE THE ASSISTAN CE; OR 19
544-
545- (II) HOUSING ASSISTANCE P AYMENTS SHALL TERMIN ATE. 20
546-
547- (2) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEI VING 21
548-ASSISTANCE UNDER THE STATE PROGRAM MOVES TO A FE DERALLY ASSISTED 22
549-LONG–TERM CARE FACILITY , THE HOUSING ASSISTAN CE PAYMENTS SHALL 23
550-TERMINATE. 24
551-
552-4–2918. 25
553-
554- ANY GUIDELINES ON THE TERMINATION OF ASSIS TANCE OR ON EVICTION S 26
555-ESTABLISHED BY THE DEPARTMENT OR A PUBLI C HOUSING AGENCY UND ER THIS 27
556-SUBTITLE SHALL BE AT LEAST AS PROTECTIVE OF TENANTS’ RIGHTS AS GUIDELINES 28
557-ESTABLISHED UNDER TH E FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 29
558-
559-4–2919. 30 HOUSE BILL 826 13
560-
561-
562-
563- (A) (1) FOR FISCAL YEARS 2025, 2026, AND 2027, THE GOVERNOR SHALL 1
564-INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $15,000,000 2
565-$10,000,000 TO THE DEPARTMENT FOR THE STATE PROGRAM. 3
566-
567- (2) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR THEREAFTER , 4
568-THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 5
569-SUFFICIENT TO FUND A T LEAST THE SAME NUM BER OF VOUCHERS ISSU ED IN THE 6
570-PRIOR FISCAL YEAR . 7
571-
572- (B) OF THE AMOUNT SPECIFI ED UNDER SUBSECTION (A) OF THIS SECTION, 8
573-THE DEPARTMENT SHALL DIST RIBUTE 1% 6% EACH YEAR TO PUBLIC HOUSING 9
574-AGENCIES TO HELP DEF RAY STAFFING EXPENSE S RELATED TO THE 10
575-ADMINISTRATION OF TH E FEDERAL HOUSING CHOICE VOUCHER PROGRAM AND 11
576-THE STATE PROGRAM. 12
577-
578- (C) THE DEPARTMENT SHALL DEVE LOP A FORMULA FOR DISTRI BUTING 13
579-STATE PROGRAM FUNDS TO THE DEPARTMENT AND EACH P UBLIC HOUSING 14
580-AGENCY. 15
581-
582-4–2920. 16
583-
584- ON OR BEFORE DECEMBER 30, 2024, AND EACH YEAR THEREA FTER, THE 17
585-DEPARTMENT AND EACH P OLITICAL SUBDIVISION THAT HAS A PUBLIC HO USING 18
586-AGENCY SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 19
587-OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 20
588-
589- (1) THE NUMBER OF FAMILI ES RECEIVING ASSISTA NCE UNDER THE 21
590-STATE PROGRAM; 22
591-
592- (2) COMPLIANCE WITH INCO ME ELIGIBILITY REQUI REMENTS UNDER 23
593-THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM; 24
594-
595- (3) THE TOTAL AMOUNT OF FUNDS RECEIVED ; 25
596-
597- (4) THE NUMBER OF HOUSEH OLDS TERMINATED FROM THE STATE 26
598-PROGRAM; 27
599-
600- (5) THE INCOMES OF FAMIL IES RECEIVING ASSIST ANCE UNDER THE 28
601-STATE PROGRAM; 29
602-
603- (6) THE GEOGRAPHIC LOCAT IONS WHERE FAMILIES RECEI VING 30
604-ASSISTANCE UNDER THE STATE PROGRAM HAVE BEEN HOU SED; 31
605- 14 HOUSE BILL 826
606-
607-
608- (7) THE RACE AND GENDER OF INDIVIDUALS IN FA MILIES RECEIVING 1
609-ASSISTANCE UNDER THE STATE PROGRAM; 2
610-
611- (8) THE HOUSEHOLD SIZE F OR FAMILIES RECEIVIN G ASSISTANCE 3
612-UNDER THE STATE PROGRAM; 4
613-
614- (9) THE NUMBER OF FAMILI ES RECEIVING ASSISTA NCE UNDER THE 5
615-STATE PROGRAM, BASED ON THE PREFERE NCES LISTED IN § 4–2905(B) 4–2906 OF 6
616-THIS SUBTITLE; 7
617-
618- (10) THE LENGTH OF TIME T HAT EACH FAMILY HAS RECEIVED 8
619-ASSISTANCE UNDER THE STATE PROGRAM; 9
620-
621- (11) THE AVERAGE LENGTH O F TIME FROM APPLICAT ION INTO THE 10
622-STATE PROGRAM AND RECEIPT O F HOUSING ASSISTANCE PAYMENTS; 11
623-
624- (12) ANY REFERRALS MADE F OR FAMILIES UNDER TH E STATE 12
625-PROGRAM FOR WRAPAROUN D SERVICES, INCLUDING JOB TRAINI NG; AND 13
626-
627- (13) ANY RESOURCES USED T O ADVERTISE THE STATE PROGRAM; 14
628-
629- (14) THE DISABILITY STATU S OF HOUSEHOLDS SERV ED; AND 15
630-
631- (15) THE NUMBER OF HOUSEH OLDS IN WHICH STATE PROGRAM 16
632-ASSISTANCE ENDED WIT HOUT THE HOUSEHOLDS HAVING RECEIVED FEDE RAL 17
633-HOUSING CHOICE VOUCH ERS. 18
634-
635-4–2921. 19
636-
637- THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS SUBTITLE . 20
638-
639- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
640-October 1, 2023. 22
641-
642-
643-
644-
645-Approved:
646-________________________________________________________________________________
647- Governor.
648-________________________________________________________________________________
649- Speaker of the House of Delegates.
650-________________________________________________________________________________
651- President of the Senate.
603+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
604+October 1, 2023. 7