EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0826*
HOUSE BILL 826
C9 3lr0633
CF SB 848
By: Delegates Wilkins and Stewart
Introduced and read first time: February 8, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 30, 2023
CHAPTER ______
AN ACT concerning 1
Statewide Rental Assistance Voucher Program – Establishment 2
FOR the purpose of establishing a Statewide Rental Assistance Voucher Program in the 3
Department of Housing and Community Development to provide vouchers and 4
housing assistance payments for low–income families that are on a certain federal 5
housing program waitlist; requiring the Department and public housing agencies to 6
administer the State Program; and generally relating to the Statewide Rental 7
Assistance Voucher Program. 8
BY repealing and reenacting, with amendments, 9
Article – Housing and Community Development 10
Section 4–101, 4–103, and 4–1401 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2022 Supplement) 13
BY adding to 14
Article – Housing and Community Development 15
Section 4–2901 through 4–2921 to be under the new subtitle “Subtitle 29. Statewide 16
Rental Assistance Voucher Program” 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 HOUSE BILL 826
Article – Housing and Community Development 1
4–101. 2
(a) In this title the following words have the meanings indicated. 3
(b) “Administration” means the Community Development Administration. 4
(c) “Division” means the Division of Development Finance. 5
(d) “Elderly household” means, EXCEPT AS PROVIDED I N § 4–2901 OF THIS 6
ARTICLE TITLE, one or more individuals who occupy a residential dwelling unit, at least 7
one of whom meets the age limit specified by the Secretary that: 8
(1) is greater than or equal to age 55; and 9
(2) may vary for different programs or types of projects. 10
(e) “Nonprofit sponsor” means a sponsor that is: 11
(1) a nonprofit organization; or 12
(2) a limited partnership, if: 13
(i) 1. each general partner is a nonprofit organization; or 14
2. each general partner is a wholly owned subsidiary of a 15
nonprofit organization; 16
(ii) the limited partnership is formed to undertake a project that is 17
eligible as a whole or in part for a federal program or incentive, including low–income 18
housing tax credits; and 19
(iii) a nonprofit organization manages the project or will receive the 20
net cash flow or residual sale proceeds on the sale of the project. 21
4–103. 22
The Division includes: 23
(1) the Community Development Administration; 24
(2) the Disaster Relief Housing Program; 25
(3) the Down Payment and Settlement Expense Loan Program; 26
(4) federal and State weatherization programs; 27 HOUSE BILL 826 3
(5) the Group Home Financing Program; 1
(6) the Lead Hazard Reduction Grant Program; 2
(7) the Lead Hazard Reduction Loan Program; 3
(8) the local government infrastructure program; 4
(9) the Maryland Home Financing Program; 5
(10) the Maryland Housing Rehabilitation Program; 6
(11) the Neighborhood Housing Services Fund; 7
(12) the Operating Assistance Grants Demonstration Projects; 8
(13) the Partnership Rental Housing Program; 9
(14) the Radium Grant Program; 10
(15) the Rental Allowance Program , THE STATEWIDE RENTAL 11
ASSISTANCE VOUCHER PROGRAM, and other rental assistance programs; 12
(16) the Rental Housing Program; and 13
(17) the Self–Help Homeownership Technical Assistance Program. 14
4–1401. 15
In this subtitle, “programs” means rental assistance programs other than the Rental 16
Allowance Program established under § 4–1403 of this subtitle AND THE STATEWIDE 17
RENTAL ASSISTANCE VOUCHER PROGRAM ESTABLISHED U NDER SUBTITLE 29 OF 18
THIS TITLE. 19
SUBTITLE 29. STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM. 20
4–2901. 21
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(B) “DISABLED” MEANS HAVING : 24
(1) A DISABILITY UNDER 42 U.S.C. § 423; 25
4 HOUSE BILL 826
(2) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRM ENT THAT IS 1
EXPECTED TO BE OF LO NG–CONTINUED AND INDEFI NITE DURATION , IS EXPECTED 2
TO SUBSTANTIALLY IMP EDE AN INDIVIDUAL ’S ABILITY TO LIVE IN DEPENDENTLY , 3
AND MAY BE IMPROVED BY MORE SUITABLE HOU SING OPTIONS; OR 4
(3) A DEVELOP MENTAL DISABILITY AS DEFINED IN THE FEDER AL 5
DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT. 6
(B) “DISABILITY” MEANS A PHYSICAL OR MENTAL IMPAIRMENT TH AT 7
SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVIT Y. 8
(C) “ELDERLY” MEANS AN INDIVIDUAL THAT IS AT LEAST 62 YEARS OLD. 9
(D) (1) “FAMILY” MEANS AN INDIVIDUAL OR GROUP OF INDIVIDU ALS 10
ELIGIBLE FOR ASSISTA NCE UNDER THE STATE PROGRAM. 11
(2) “FAMILY” INCLUDES A PREFERENC E CATEGORY ESTABLISH ED 12
UNDER § 4–2906(B) § 4–2906 OF THIS SUBTITLE. 13
(E) “HOUSING ASSISTANCE PAYMENT ” MEANS THE MONTHLY AS SISTANCE 14
PAYMENT PAID FOR A F AMILY UNDER THE STATE PROGRAM. 15
(F) “HOUSING CHOICE VOUCHER PROGRAM” MEANS THE PROGRAM 16
ESTABLISHED UNDER 24 C.F.R. PART 982. 17
(G) “LIVE–IN AIDE” MEANS AN INDIVIDUAL THAT: 18
(1) MEETS THE REQUIREMENTS UNDE R 24 C.F.R. § 5.403; AND 19
(2) RESIDES WITH AN ELDE RLY OR DISABLED INDI VIDUAL WHO 20
RECEIVES ASSISTANCE UNDER THE STATE PROGRAM. 21
(H) “PAYMENT STANDARD ” MEANS THE MAXIMUM MO NTHLY HOUSING 22
ASSISTANCE PAYMENT F OR A FAMILY ASSISTED UNDER THE STATE PROGRAM. 23
(I) (1) “PUBLIC HOUSING AGENCY ” MEANS AN ENTITY AUTH ORIZED BY 24
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ADMINI STER 25
THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM IN THE STATE. 26
(2) “PUBLIC HOUSING AGENCY ” DOES NOT INCLUDE THE 27
DEPARTMENT . 28
(J) “STATE PROGRAM” MEANS THE STATEWIDE RENTAL ASSISTANCE 29
VOUCHER PROGRAM ESTABLISHED U NDER THIS SUBTITLE . 30 HOUSE BILL 826 5
(K) “VOUCHER” MEANS A DOCUMENT ISS UED BY THE DEPARTMENT OR A 1
PUBLIC HOUSING AGENC Y TO A FAMILY THAT I S SELECTED TO RECEIV E ASSISTANCE 2
UNDER THE STATE PROGRAM, WHICH DESCRIBES THE STATE PROGRAM AND 3
PROCEDURES UNDER THE STATE PROGRAM. 4
4–2902. 5
THERE IS A STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM IN THE 6
DEPARTMENT . 7
4–2903. 8
THE PURPOSE OF THE STATE PROGRAM IS TO PROVIDE VOUCHERS AND 9
HOUSING ASSISTANCE P AYMENTS FOR LOW –INCOME FAMILIES THAT ARE 10
CURRENTLY ON A WAITI NG LIST UNDER THE FE DERAL HOUSING CHOICE VOUCHER 11
PROGRAM FOR HOUSING I N UNITS APPROVED BY THE DEPARTMENT OR A PUBLI C 12
HOUSING AGENCY , IN ACCORDANCE WITH G UIDELINES UNDER TH E FEDERAL 13
HOUSING CHOICE VOUCHER PROGRAM. 14
4–2904. 15
(A) (1) IN POLITICAL SUBDIVIS IONS WITHOUT A LOCAL ADMINISTRATOR 16
UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, THE DEPARTMENT 17
SHALL ADMINISTER THE STATE PROGRAM AND ISSUE VOU CHERS AND HOUSING 18
ASSISTANCE PAYMENTS TO ASSI ST LOW–INCOME HOUSEHOLDS TH AT ARE ELIGIBLE 19
FOR BUT ARE NOT CURR ENTLY RECEIVING HOUS ING CHOICE VOUCHERS UNDER THE 20
FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 21
(2) IN POLITICAL SUBDIVIS IONS WITH A PUBLIC H OUSING 22
AGENCY–ADMINISTRATOR UNDER THE FEDERAL HOUSING CHOICE VOUCHER 23
PROGRAM, THE PUBLIC HOUSING A GENCY SHALL ADMINIST ER THE STATE 24
PROGRAM AND ISSUE VOU CHERS AND HOUSING AS SISTANCE PAYMENTS TO ASSIST 25
LOW–INCOME HOUSEHOLDS TH AT ARE ELIGIBLE FOR BUT ARE NOT CURRENTL Y 26
RECEIVING HOUSING CH OICE VOUCHERS UNDER THE F EDERAL HOUSING CHOICE 27
VOUCHER PROGRAM. 28
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE STATE 29
PROGRAM SHALL BE ADMI NISTERED IN ACCORDAN CE WITH FEDERAL GUID ELINES 30
UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 31
4–2905. 32
6 HOUSE BILL 826
TO BE ELIGIBLE FOR A HO USING ASSISTANCE PAY MENT UNDER THE STATE 1
PROGRAM, A FAMILY SHALL: 2
(1) RESIDE IN THE STATE; 3
(2) BE ON A FEDERAL HOUS ING CHOICE VOUCHER W AITING LIST; AND 4
(3) MEET LOW–INCOME ELIGIBILITY L IMITS UNDER THE FEDE RAL 5
HOUSING CHOICE VOUCHER PROGRAM OR INCOME REQ UIREMENTS AS 6
DETERMINED BY THE PU BLIC HOUSING AGENCY . 7
4–2906. 8
THE DEPARTMENT AND EACH P UBLIC HOUSING AGENCY SHALL EQUALLY 9
PRIORITIZE VOUCHERS AND HOUSING ASSISTAN CE PAYMENTS FOR FAMI LIES THAT 10
INCLUDE: 11
(1) A CHILD WHO IS UNDER THE AGE OF 16 18 YEARS; 12
(2) A FOSTER CHILD WHO I S: 13
(I) AT LEAST 18 YEARS OLD; BUT 14
(II) UNDER THE AGE OF 24 YEARS; 15
(3) A MILITARY VETERAN ; 16
(3) (4) AN INDIVIDUAL EXPERI ENCING HOMELESSNESS ; 17
(4) (5) A DISABLED INDIVIDUAL; OR 18
(5) (6) AN ELDERLY INDIVIDUA L. 19
4–2907. 20
WHEN AN OFFER OF ASSI STANCE IS MADE , A FAMILY HAS 15 30 DAYS TO 21
PROVIDE DOCUMENTATIO N TO VERIFY THEIR IN COME WITH THE DEPARTMENT OR 22
THE PUBLIC HOUSING A GENCY. 23
4–2908. 24
(A) THE DEPARTMENT OR A PU BLIC HOUSING AGENCY SHALL CALCULATE 25
PAYMENT STANDARDS AN D HOUSING ASSISTANCE PAYMENTS UNDER THE STATE 26
PROGRAM IN ACCORDANCE WITH GUIDELINES FOR THE FEDERAL HOUSING CHOICE 27
VOUCHER PROGRAM. 28 HOUSE BILL 826 7
(B) A FAMILY ASSISTED UNDE R THE STATE PROGRAM SHALL BE EXPE CTED 1
TO PAY A PROPORTION NOT MORE THAN 30% OF ITS MONTHLY ADJUS TED GROSS 2
INCOME FOR RENT AND UTILITIES, AS DETERMINED BY THE DEPARTMENT OR THE 3
PUBLIC HOUSING AGENC Y. 4
4–2909. 5
HOUSING ASSISTANCE PA YMENTS FOR A FAMILY SHALL CONTINUE FOR U P TO 6
5 YEARS OR UNTIL A FED ERAL HOUSING CHOICE VOUCHER UNDER THE FE DERAL 7
HOUSING CHOICE VOUCHER PROGRAM BECOMES AVAIL ABLE, WHICHEVER OCCURS 8
FIRST. 9
4–2910. 10
(A) A FAMILY MAY REQUEST T HAT THE DEPARTMENT OR A PUBLIC 11
HOUSING AGENCY APPRO VE A LIVE–IN AIDE IF THE FAMILY IS COM POSED OF A 12
DISABLED INDIVIDUAL WHO IS THE HEAD OF H OUSEHOLD TO PROVIDE NECESSARY 13
SUPPORTIVE SERVICES FOR A FAMILY MEMBER WHO IS A PERSON WITH A 14
DISABILITY. 15
(B) THE DEPARTMENT OR A PUBLIC HOUSING AGENCY SHALL APPROVE A 16
LIVE–IN AIDE IF A LIVE–IN AIDE IS REQUIRED AS A REASONABLE ACCO MMODATION 17
UNDER 24 C.F.R. § 8.11 REASONABLY MODIFY IT S POLICIES, PROCEDURES , AND 18
RULES TO ALLOW A FAM ILY THAT INCLUDES A PERSON WITH A DISABI LITY TO HAVE 19
A LIVE–IN AIDE. 20
(C) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY NOT INCLUDE A 21
LIVE–IN AIDE’S INCOME WHEN DETERM INING A FAMILY ’S INCOME ELIGIBILITY 22
UNDER THE STATE PROGRAM. 23
4–2911. 24
(A) (1) (I) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL 25
CONDUCT ANNUAL INSPE CTIONS OF EACH UNIT RENTED USING HOUSING 26
ASSISTANCE PAYMENTS TO ENSURE THE CONTIN UED COMPLIANCE WITH FEDERAL 27
HOUSING QUALITY STAN DARDS UNDER 24 C.F.R. § 982.401. 28
(II) (2) INSPECTIONS SHALL OCCUR ON OR BEFORE THE 29
INITIAL LEASE DATE A ND EACH YEAR THEREAF TER. 30
(2) (B) FOR A UNIT LOCATED IN A BUILDING WITH 3 TO 49 UNITS, 31
THE PROPERTY OWNER S HALL PROVIDE THE DEPARTMENT OR THE PUB LIC 32 8 HOUSE BILL 826
HOUSING AGENCY WITH A CERTIFICATE OF OCC UPANCY THAT HAS BEEN 1
COMPLETED WITHIN 1 YEAR. 2
(3) (C) FOR A UNIT LOCATED IN A BUILDING WITH 50 UNITS OR 3
MORE, THE PROPERTY OWNER S HALL PROVIDE THE DEPARTMENT OR THE PUB LIC 4
HOUSING AGENCY WITH AN INSPECTION CERTIF ICATE. 5
(B) A PROPERTY OWNER WHO H AS RECEIVED THREE OR MORE PENALTY 6
NOTICES FROM THE DEPARTMENT OR A PUBLI C HOUSING AGENCY FOR A VIOLATION 7
OF FEDERAL HOUSING Q UALITY STANDARDS IS NOT ELIGIBLE TO LEAS E THE 8
OWNER’S PROPERTIES TO FAMI LIES RECEIVING ASSIS TANCE UNDER THE STATE 9
PROGRAM. 10
4–2912. 11
THE DEPARTMENT SHALL ENSURE THAT SU BSIDY STANDARDS FOR UNIT 12
SELECTION COMPLY WIT H FEDERAL GUIDELINES UNDER THE HOUSING CHOICE 13
VOUCHER PROGRAM, INCLUDING THE MANDAT E TO PROVIDE FOR THE SMALLEST 14
NUMBER OF BEDROOMS N EEDED TO HOUSE A FAM ILY WITHOUT OVERCROW DING. 15
4–2913. 16
(A) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY DENY 17
ASSISTANCE UNDER THE STATE PROGRAM BY: 18
(I) DENYING LISTING ON T HE STATE PROGRAM LIST; 19
(II) (I) DENYING A VOUCHER UN DER THE STATE PROGRAM; 20
(III) (II) WITHDRAWING A STATE PROGRAM VOUCHER ; 21
(IV) (III) REFUSING TO ENTER IN TO A CONTRACT FOR HO USING 22
ASSISTANCE PAYMENTS ; OR 23
(V) (IV) REFUSING TO APPROVE A LEASE UNDER THE STATE 24
PROGRAM. 25
(2) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL DENY 26
ASSISTANCE UNDER THE STATE PROGRAM TO: 27
(I) SEX OFFENDERS WHO AR E SUBJECT TO A LIFET IME 28
REGISTRATION REQUIRE MENT UNDER A STATE SEX OFFENDER RE GISTRATION 29
PROGRAM; AND 30
HOUSE BILL 826 9
(II) ALL OTHER SEX OFFEND ERS, FOR 10 YEARS FOLLOWING 1
THEIR CONVICTION FOR A SEX–RELATED CRIME . 2
(3) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY DENY 3
ASSISTANCE UNDER THE STATE PROGRAM IF THE DEPARTMENT OR A PUBLI C 4
HOUSING AGENCY FINDS THAT ANY INDIVIDUAL IN A FAMILY RESIDING IN A UNIT 5
RENTED USING ASSISTA NCE FROM THE STATE PROGRAM HAS BEEN CONVICTED O F: 6
(I) A DRUG–RELATED CRIME UNDER STATE LAW; OR 7
(II) A VIOLENT CRIME . 8
(4) IF THE DEPARTMENT OR PUBLIC HOUSING AGENCY DENIE S 9
ASSISTANCE UNDER THE STATE PROGRAM, THE DEPARTMENT OR THE PUB LIC 10
HOUSING AGENCY SHALL PROMPTLY PROVIDE THE APPLICANT WITH A NOTICE 11
EXPLAINING THE DENIA L AND INDICATING THA T THE APPLICANT MAY REQUEST AN 12
INFORMAL REVIEW . 13
(B) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY 14
TERMINATE ASSISTANCE UNDER THE STATE PROGRAM BY: 15
(I) REFUSING TO ENTER IN TO A STATE PROGRAM CONTRAC T; 16
(II) REFUSING TO APPROVE A LEASE UNDER THE STATE 17
PROGRAM; OR 18
(III) TERMINATING HOUSING ASSISTANCE PAYMENTS UNDER A 19
STATE PROGRAM CONTRACT . 20
(2) THE DEPARTMENT OR A PUBLI C AGENCY SHALL TERMI NATE 21
ASSISTANCE UNDER THE STATE PROGRAM FOR : 22
(I) FAMILIES WHO WERE EVI CTED UNDER THE STATE 23
PROGRAM FOR SERIOUS VIOLATIONS OF THE LE ASE; 24
(II) FAMILIES WHO FAIL TO SIGN ANY FORMS FROM THE 25
DEPARTMENT OR A PUBLI C HOUSING AGENCY IND ICATING CONSENT TO O BTAIN 26
INFORMATION ; AND 27
(III) SEX OFFENDERS SUBJEC T TO A LIFETIME REGIST RATION 28
REQUIREMENT UNDER A STATE SEX OFFENDER RE GISTRATION PROGRAM ;. 29
(IV) ALL OTHER SEX OFFEND ERS, FOR 10 YEARS FOLLOWING 30
THEIR CONVICTION FOR A SEX–RELATED CRIME UNDER STATE LAW; AND 31 10 HOUSE BILL 826
(V) FAMILIES THAT ARE AB SENT FROM A STATE PROGRAM UNIT 1
FOR MORE THAN 180 CONSECUTIVE DAYS . 2
(C) AFTER CONSIDERING WHEN DETERMINING THE DENIAL OR 3
TERMINATION OF ASSIS TANCE UNDER THE STATE PROGRAM, THE DEPARTMENT 4
MAY CONSIDER ALL RELEVANT CIRCUMS TANCES, INCLUDING THE SERIOU SNESS OF 5
THE CASE, THE EXTENT OF PARTICIPATION OR CULPABILITY OF IN DIVIDUAL FAMILY 6
MEMBERS, MITIGATING CIRCUMSTA NCES RELATED TO THE DISABILITY OF A FAMI LY 7
MEMBER, AND THE EFFECTS OF D ENIAL OR TERMINATION OF ASSISTANCE ON 8
OTHER FAMILY MEMBERS WHO WERE NOT INVOLVE D IN THE ACTION OR F AILURE, 9
THE DEPARTMENT OR THE PUB LIC HOUSING AGENCY M AY DENY ADMISSION INTO 10
OR TERMINATE ASSISTA NCE UNDER THE STATE PROGRAM IF A FAMILY MEMBER : 11
(1) VIOLATES ANY OBLIGAT IONS UNDER THE STATE PROGRAM; 12
(2) HAS BEEN EVICTED FRO M FEDERALLY ASSISTED HOUSING FOR 13
VIOLENT CRIMINAL ACT IVITY THAT THREATENE D THE HEALTH , SAFETY, OR 14
WELFARE OF OTHER RES IDENTS WITHIN THE PRECEDING 3 YEARS; 15
(3) HAS COMMITTED FRAUD , BRIBERY, OR ANY OTHER CORRUPT OR 16
CRIMINAL ACT IN CONN ECTION WITH THE STATE PROGRAM; 17
(4) OWES A FINANCIAL OBLIGATION TO THE DEPARTMENT OR PUBLIC 18
HOUSING AGENCY IN CO NNECTION WITH ANOTHE R HOUSING OR RENTAL 19
ASSISTANCE PROGRAM ; 20
(5) BREACHES A REPAYMENT AGREEMENT TO PAY AMO UNTS OWED 21
TO THE DEPARTMENT OR PUBLIC HOUSING AGENCY ; OR 22
(6) HAS ENGAGED IN OR T HREATENED ABUSIVE OR VIOLENT 23
BEHAVIOR TOWARD DEPARTMENT OR PUBLIC HOUSING AGENCY EMPLO YEES, THE 24
PROPERTY OWNER OR PR OPERTY MANAGEMENT ST AFF, OR OTHER RESIDENTS ; OR 25
(7) RECEIVES ASSISTANCE UNDER THE STATE PROGRAM AND IS 26
ABSENT FROM THE UNIT FOR MORE THAN 180 CONSECUTIVE DAYS . 27
(D) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY PROHIBIT 28
OTHER FAMILY MEMBERS WHO PARTICIPATED IN OR WERE CULPABLE FOR ACTIONS 29
SPECIFIED UNDER THIS SECTION FROM RESIDIN G IN A UNIT RENTED U SING 30
ASSISTANCE FROM THE STATE PROGRAM. 31
(2) IN MAKING THE DETERMI NATION UNDER PARAGRA PH (1) OF THIS 32
SUBSECTION, THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY CONSIDER: 33 HOUSE BILL 826 11
(I) THE SERIOUSNESS OF T HE CASE; 1
(II) THE EXTENT OF PARTIC IPATION BY OR CULPAB ILITY OF 2
INDIVIDUAL FAMILY ME MBERS; 3
(III) MITIGATING CIRCUMSTA NCES RELATED TO THE DISABILITY 4
OF A FAMILY MEMBER ; AND 5
(IV) THE EFFECTS OF THE P ROHIBITION ON OTHER FAMILY 6
MEMBERS WHO WERE NOT INVOLVED IN THE ACTI ON OR FAILURE. 7
4–2914. 8
(A) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 9
SHALL: 10
(1) SUPPLY ANY INFORMATI ON TO THE DEPARTMENT OR THE PUB LIC 11
HOUSING AGENCY NECES SARY FOR THE ADMINIS TRATION OF THE STATE PROGRAM; 12
(2) NOTIFY THE DEPARTMENT OR THE PUB LIC HOUSING AGENCY 13
BEFORE VACATING THE UNIT; 14
(3) USE THE UNIT ONLY AS A PRINCIPAL PLACE OF RESIDENCE ; AND 15
(4) MAINTAIN ALL UTILITI ES THAT ARE NOT PAID THROUGH THE 16
HOUSING ASSISTANCE P AYMENT. 17
(B) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 18
MAY NOT: 19
(1) HAVE A FINANCIAL INT EREST IN THE UNIT OWN THE UNIT THAT 20
THE ASSISTANCE IS PR OVIDED FOR; 21
(2) COMMIT FRAUD IN CONN ECTION WITH THE STATE PROGRAM; OR 22
(3) SUBLEASE OR ASSIGN T HE LEASE OR TRANSFER THE UNIT; OR 23
(4) ALLOW ANYONE NOT ON THE UNIT LEASE TO RE SIDE IN THE UNIT. 24
4–2915. 25
THE DEPARTMENT OR A PUBLIC HOUSING AGENCY SHALL GIVE EA CH FAMILY 26
THAT RECEIVES ASSIST ANCE UNDER THE STATE PROGRAM A WRITTEN 27
DESCRIPTION OF : 28 12 HOUSE BILL 826
(1) THE FAMILY’S OBLIGATIONS UNDER THE STATE PROGRAM; 1
(2) THE GROUNDS ON WHICH THE DEPARTMENT OR THE PUB LIC 2
HOUSING AGENCY M AY DENY OR TERMINATE ASSISTANCE UNDER THE STATE 3
PROGRAM; AND 4
(3) THE PROCESS TO REQUE ST A AN INFORMAL HEARING. 5
4–2916. 6
THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL RECERTIFY A 7
FAMILY FOR CONTINUED ADMISSION UNDER THE STATE PROGRAM, IN 8
ACCORDANCE WITH FEDERAL GUIDELI NES UNDER THE FEDERA L HOUSING CHOICE 9
VOUCHER PROGRAM. 10
4–2917. 11
(A) IF THE HEAD OF HOUSEH OLD WHO WAS RECEIVIN G ASSISTANCE UNDER 12
THE STATE PROGRAM DIES , A SURVIVING FAMILY M EMBER MAY CONTINUE TO 13
RECEIVE THE ASSISTAN CE IF THE HOUSEHOLD I S SOLELY OCCUPIED BY REMAINING 14
FAMILY MEMBERS IN AC CORDANCE WITH THIS S UBTITLE. 15
(B) (1) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEI VING 16
ASSISTANCE UNDER THE STATE PROGRAM DIES : 17
(I) A REMAINING ELDERLY INDIVIDUAL IN THE UN IT SHALL 18
RECEIVE THE ASSISTAN CE; OR 19
(II) HOUSING ASSISTANCE P AYMENTS SHALL TERMIN ATE. 20
(2) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEI VING 21
ASSISTANCE UNDER THE STATE PROGRAM MOVES TO A FE DERALLY ASSISTED 22
LONG–TERM CARE FACILITY , THE HOUSING ASSISTAN CE PAYMENTS SHALL 23
TERMINATE. 24
4–2918. 25
ANY GUIDELINES ON THE TERMINATION OF ASSIS TANCE OR ON EVICTION S 26
ESTABLISHED BY THE DEPARTMENT OR A PUBLI C HOUSING AGENCY UND ER THIS 27
SUBTITLE SHALL BE AT LEAST AS PROTECTIVE OF TENANTS’ RIGHTS AS GUIDELINES 28
ESTABLISHED UNDER TH E FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 29
4–2919. 30 HOUSE BILL 826 13
(A) (1) FOR FISCAL YEARS 2025, 2026, AND 2027, THE GOVERNOR SHALL 1
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $15,000,000 2
$10,000,000 TO THE DEPARTMENT FOR THE STATE PROGRAM. 3
(2) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR THEREAFTER , 4
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 5
SUFFICIENT TO FUND A T LEAST THE SAME NUM BER OF VOUCHERS ISSU ED IN THE 6
PRIOR FISCAL YEAR . 7
(B) OF THE AMOUNT SPECIFI ED UNDER SUBSECTION (A) OF THIS SECTION, 8
THE DEPARTMENT SHALL DIST RIBUTE 1% 6% EACH YEAR TO PUBLIC HOUSING 9
AGENCIES TO HELP DEF RAY STAFFING EXPENSE S RELATED TO THE 10
ADMINISTRATION OF TH E FEDERAL HOUSING CHOICE VOUCHER PROGRAM AND 11
THE STATE PROGRAM. 12
(C) THE DEPARTMENT SHALL DEVE LOP A FORMULA FOR DISTRI BUTING 13
STATE PROGRAM FUNDS TO THE DEPARTMENT AND EACH P UBLIC HOUSING 14
AGENCY. 15
4–2920. 16
ON OR BEFORE DECEMBER 30, 2024, AND EACH YEAR THEREA FTER, THE 17
DEPARTMENT AND EACH P OLITICAL SUBDIVISION THAT HAS A PUBLIC HO USING 18
AGENCY SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 19
OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 20
(1) THE NUMBER OF FAMILI ES RECEIVING ASSISTA NCE UNDER THE 21
STATE PROGRAM; 22
(2) COMPLIANCE WITH INCO ME ELIGIBILITY REQUI REMENTS UNDER 23
THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM; 24
(3) THE TOTAL AMOUNT OF FUNDS RECEIVED ; 25
(4) THE NUMBER OF HOUSEH OLDS TERMINATED FROM THE STATE 26
PROGRAM; 27
(5) THE INCOMES OF FAMIL IES RECEIVING ASSIST ANCE UNDER THE 28
STATE PROGRAM; 29
(6) THE GEOGRAPHIC LOCAT IONS WHERE FAMILIES RECEI VING 30
ASSISTANCE UNDER THE STATE PROGRAM HAVE BEEN HOU SED; 31
14 HOUSE BILL 826
(7) THE RACE AND GENDER OF INDIVIDUALS IN FA MILIES RECEIVING 1
ASSISTANCE UNDER THE STATE PROGRAM; 2
(8) THE HOUSEHOLD SIZE F OR FAMILIES RECEIVIN G ASSISTANCE 3
UNDER THE STATE PROGRAM; 4
(9) THE NUMBER OF FAMILI ES RECEIVING ASSISTA NCE UNDER THE 5
STATE PROGRAM, BASED ON THE PREFERE NCES LISTED IN § 4–2905(B) 4–2906 OF 6
THIS SUBTITLE; 7
(10) THE LENGTH OF TIME T HAT EACH FAMILY HAS RECEIVED 8
ASSISTANCE UNDER THE STATE PROGRAM; 9
(11) THE AVERAGE LENGTH O F TIME FROM APPLICAT ION INTO THE 10
STATE PROGRAM AND RECEIPT O F HOUSING ASSISTANCE PAYMENTS; 11
(12) ANY REFERRALS MADE F OR FAMILIES UNDER TH E STATE 12
PROGRAM FOR WRAPAROUN D SERVICES, INCLUDING JOB TRAINI NG; AND 13
(13) ANY RESOURCES USED T O ADVERTISE THE STATE PROGRAM; 14
(14) THE DISABILITY STATU S OF HOUSEHOLDS SERV ED; AND 15
(15) THE NUMBER OF HOUSEH OLDS IN WHICH STATE PROGRAM 16
ASSISTANCE ENDED WIT HOUT THE HOUSEHOLDS HAVING RECEIVED FEDE RAL 17
HOUSING CHOICE VOUCH ERS. 18
4–2921. 19
THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS SUBTITLE . 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2023. 22
Approved:
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Governor.
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Speaker of the House of Delegates.
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President of the Senate.