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.
Italics indicate opposite chamber/conference committee amendments.
*sb0848*
SENATE BILL 848
C9 (3lr0858)
ENROLLED BILL
— Education, Energy, and the Environment and Budget and Taxation/Environment
and Transportation —
Introduced by Senators Guzzone, Smith, and Watson Augustine, Brooks, Hester,
Kagan, Lewis Young, M. Washington, and Watson
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 848
(2019 Replacement Volume and 2022 Supplement) 1
BY adding to 2
Article – Housing and Community Development 3
Section 4–2901 through 4–2921 to be under the new subtitle “Subtitle 29. Statewide 4
Rental Assistance Voucher Program” 5
Annotated Code of Maryland 6
(2019 Replacement Volume and 2022 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Housing and Community Development 10
4–101. 11
(a) In this title the following words have the meanings indicated. 12
(b) “Administration” means the Community Development Administration. 13
(c) “Division” means the Division of Development Finance. 14
(d) “Elderly household” means, EXCEPT AS PROVIDED I N § 4–2901 OF THIS 15
TITLE, one or more individuals who occupy a residential dwelling unit, at least one of whom 16
meets the age limit specified by the Secretary that: 17
(1) is greater than or equal to age 55; and 18
(2) may vary for different programs or types of projects. 19
(e) “Nonprofit sponsor” means a sponsor that is: 20
(1) a nonprofit organization; or 21
(2) a limited partnership, if: 22
(i) 1. each general partner is a nonprofit organization; or 23
2. each general partner is a wholly owned subsidiary of a 24
nonprofit organization; 25
(ii) the limited partnership is formed to undertake a project that is 26
eligible as a whole or in part for a federal program or incentive, including low–income 27
housing tax credits; and 28
(iii) a nonprofit organization manages the project or will receive the 29
net cash flow or residual sale proceeds on the sale of the project. 30 SENATE BILL 848 3
4–103. 1
The Division includes: 2
(1) the Community Development Administration; 3
(2) the Disaster Relief Housing Program; 4
(3) the Down Payment and Settlement Expense Loan Program; 5
(4) federal and State weatherization programs; 6
(5) the Group Home Financing Program; 7
(6) the Lead Hazard Reduction Grant Program; 8
(7) the Lead Hazard Reduction Loan Program; 9
(8) the local government infrastructure program; 10
(9) the Maryland Home Financing Program; 11
(10) the Maryland Housing Rehabilitation Program; 12
(11) the Neighborhood Housing Services Fund; 13
(12) the Operating Assistance Grants Demonstration Projects; 14
(13) the Partnership Rental Housing Program; 15
(14) the Radium Grant Program; 16
(15) the Rental Allowance Program , THE STATEWIDE RENTAL 17
ASSISTANCE VOUCHER PROGRAM, and other rental assistance programs; 18
(16) the Rental Housing Program; and 19
(17) the Self–Help Homeownership Technical Assistance Program. 20
4–1401. 21
In this subtitle, “programs” means rental assistance programs other than the Rental 22
Allowance Program established under § 4–1403 of this subtitle AND THE STATEWIDE 23
RENTAL ASSISTANCE VOUCHER PROGRAM ESTABLISHED U NDER SUBTITLE 29 OF 24
THIS TITLE. 25 4 SENATE BILL 848
SUBTITLE 29. STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM. 1
4–2901. 2
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(B) “DISABLED” MEANS HAVING : 5
(1) A DISABILITY UNDER 42 U.S.C. § 423; 6
(2) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRM ENT THAT IS 7
EXPECTED TO BE OF LO NG–CONTINUED AND INDEFI NITE DURATION , IS EXPECTED 8
TO SUBSTANTIALLY IMP EDE AN INDIVIDUAL’S ABILITY TO LIVE IN DEPENDENTLY , 9
AND MAY BE IMPROVED BY MORE SUITABLE HOU SING OPTIONS; OR 10
(3) A DEVELOPMENTAL DISA BILITY AS DEFINED IN THE FEDERAL 11
DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT. 12
(B) “DISABILITY” MEANS A PHYSI CAL OR MENTAL IMPAIR MENT THAT 13
SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVIT Y. 14
(C) “ELDERLY” MEANS AN INDIVIDUAL THAT IS AT LEAST 62 YEARS OLD. 15
(D) (1) “FAMILY” MEANS AN INDIVIDUAL OR GROUP OF INDIVIDU ALS 16
ELIGIBLE FOR ASSISTA NCE UNDER THE STATE PROGRAM. 17
(2) “FAMILY” INCLUDES A PREFERENC E CATEGORY ESTABLISH ED 18
UNDER § 4–2906(B) § 4–2906 OF THIS SUBTITLE. 19
(E) “HOUSING ASSISTANCE PA YMENT” MEANS THE MONTHLY AS SISTANCE 20
PAYMENT PAID FOR A F AMILY UNDER THE STATE PROGRAM. 21
(F) “HOUSING CHOICE VOUCHER PROGRAM” MEANS THE PROGRAM 22
ESTABLISHED UNDER 24 C.F.R. PART 982. 23
(G) “LIVE–IN AIDE” MEANS AN INDIVIDUAL THAT: 24
(1) MEETS THE REQUIREMEN TS UNDER 24 C.F.R. § 5.403; AND 25
(2) RESIDES WITH AN ELDE RLY OR DISABLED INDI VIDUAL WHO 26
RECEIVES ASSISTANCE UNDER THE STATE PROGRAM. 27
SENATE BILL 848 5
(H) “PAYMENT STANDARD ” MEANS THE MAXIMUM MO NTHLY HOUSING 1
ASSISTANCE PAYMENT F OR A FAMILY ASSISTED UNDER THE STATE PROGRAM. 2
(I) (1) “PUBLIC HOUSING AGENCY ” MEANS AN ENTITY AUTH ORIZED BY 3
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ADMINI STER 4
THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM IN THE STATE. 5
(2) “PUBLIC HOUSING AGENCY ” DOES NOT INCLUDE THE 6
DEPARTMENT . 7
(J) “STATE PROGRAM” MEANS THE STATEWIDE RENTAL ASSISTANCE 8
VOUCHER PROGRAM ESTABLISHED U NDER THIS SUBTITLE . 9
(K) “VOUCHER” MEANS A DOCUMENT ISS UED BY THE DEPARTMENT OR A 10
PUBLIC HOUSING AGENC Y TO A FAMILY THAT I S SELECTED TO RECEIV E ASSISTANCE 11
UNDER THE STATE PROGRAM, WHICH DESCRIBES THE STATE PROGRAM AND 12
PROCEDURES UNDER THE STATE PROGRAM. 13
4–2902. 14
THERE IS A STATEWIDE RENTAL ASSISTANCE VOUCHER PROGRAM IN THE 15
DEPARTMENT . 16
4–2903. 17
THE PURPOSE OF THE STATE PROGRAM IS TO PROVIDE VOUCHERS AND 18
HOUSING ASSISTANCE P AYMENTS FOR LOW –INCOME FAMILIES THAT ARE 19
CURRENTLY ON A WAITI NG LIST UNDER THE FE DERAL HOUSING CHOICE VOUCHER 20
PROGRAM FOR HOUSING I N UNITS APPROVED BY THE DEPARTMENT OR A PUBLI C 21
HOUSING AGENCY , IN ACCORDANCE WITH G UIDELINES UNDER THE FEDERAL 22
HOUSING CHOICE VOUCHER PROGRAM. 23
4–2904. 24
(A) (1) IN POLITICAL SUBDIVIS IONS WITHOUT A LOCAL ADMINISTRATOR 25
UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, THE DEPARTMENT 26
SHALL ADMINISTER THE STATE PROGRAM AND ISSUE VOU CHERS AND HOUSING 27
ASSISTANCE PAYMENTS TO ASSIST LOW–INCOME HOUSEHOLDS THAT ARE ELIGIBLE 28
FOR BUT ARE NOT CURR ENTLY RECEIVING HOUS ING CHOICE VOUCHERS UNDER THE 29
FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 30
(2) IN POLITICAL SUBDIVIS IONS WITH A PUBLIC H OUSING 31
AGENCY–ADMINISTRATOR UNDER THE FEDERAL HOUSING CHOICE VOUCHER 32
PROGRAM, THE PUBLIC HOUSING A GENCY SHALL ADMINIST ER THE STATE 33 6 SENATE BILL 848
PROGRAM AND ISSUE VOU CHERS AND HOUSING AS SISTANCE PAYMENTS TO ASSIST 1
LOW–INCOME HOUSEHOLDS TH AT ARE ELIGIBLE FOR BUT ARE NOT CURRENTL Y 2
RECEIVING HOUSING CH OICE VOUCHERS UNDER THE FEDERAL HOUSING CHOICE 3
VOUCHER PROGRAM. 4
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE STATE 5
PROGRAM SHALL BE ADMI NISTERED IN ACCORDAN CE WITH FEDERAL GUID ELINES 6
UNDER THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 7
4–2905. 8
TO BE ELIGIBLE FOR A HOUSING ASSISTANCE PAYMENT U NDER THE STATE 9
PROGRAM, A FAMILY SHALL: 10
(1) RESIDE IN THE STATE; 11
(2) BE ON A FEDERAL HOUS ING CHOICE VOUCHER W AITING LIST; AND 12
(3) MEET LOW–INCOME ELIGIBILITY L IMITS UNDER THE FEDE RAL 13
HOUSING CHOICE VOUCHER PROGRAM OR INCOME REQ UIREMENTS AS 14
DETERMINED BY THE PU BLIC HOUSING AGENCY . 15
4–2906. 16
THE DEPARTMENT AND EACH P UBLIC HOUSING AGENCY SHALL EQUALLY 17
PRIORITIZE VOUCHERS AND HOUSING ASSISTAN CE PAYMENTS FOR FAMI LIES THAT 18
INCLUDE: 19
(1) A CHILD WHO IS UNDER THE AGE OF 16 18 YEARS; 20
(2) A FOSTER CHILD WHO I S UNDER THE AGE OF 18: 21
(I) AT LEAST 18 YEARS OLD; BUT 22
(II) UNDER THE AGE OF 24 YEARS; 23
(3) A MILITARY VETERAN ; 24
(3) (4) AN INDIVIDUAL EXPERI ENCING HOMELESSNESS ; 25
(4) (5) A DISABLED INDIVIDUA L; OR 26
(5) (6) AN ELDERLY INDIVIDUAL . 27
SENATE BILL 848 7
4–2907. 1
WHEN AN OFFER OF ASSI STANCE IS MADE , A FAMILY HAS 15 30 DAYS TO 2
PROVIDE DOCUMENTATIO N TO VERIFY THEIR IN COME WITH THE DEPARTMENT OR 3
THE PUBLIC HOUSING A GENCY. 4
4–2908. 5
(A) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL CALCULATE 6
PAYMENT STANDARDS AN D HOUSING ASSISTANCE PAYMENTS UNDER THE STATE 7
PROGRAM IN ACCORDANCE WITH GUIDELINES FOR THE FEDERAL HOUSING CHOICE 8
VOUCHER PROGRAM. 9
(B) A FAMILY ASSISTED UNDE R THE STATE PROGRAM SHALL BE EXPE CTED 10
TO PAY A PROPORTION NOT MORE T HAN 30% OF ITS MONTHLY ADJUS TED GROSS 11
INCOME FOR RENT AND UTILITIES, AS DETERMINED BY THE DEPARTMENT OR THE 12
PUBLIC HOUSING AGENC Y. 13
4–2909. 14
HOUSING ASSISTANCE PA YMENTS FOR A FAMILY SHALL CONTINUE FOR U P TO 15
5 YEARS OR UNTIL A FED ERAL HOUSING CHOICE VOUCHER UNDER THE FE DERAL 16
HOUSING CHOICE VOUCHER PROGRAM BECOMES AVAIL ABLE, WHICHEVER OCCURS 17
FIRST. 18
4–2910. 19
(A) A FAMILY MAY REQUEST T HAT THE DEPARTMENT OR A PUBLIC 20
HOUSING AGENCY APPRO VE A LIVE–IN AIDE IF THE FAMILY IS COM POSED OF A 21
DISABLED INDIVIDUAL WHO IS THE HEAD OF H OUSEHOLD TO PROVIDE NECESSARY 22
SUPPORTIVE SERVICES FOR A FAMILY MEMBER WHO IS A PERSON WITH A 23
DISABILITY. 24
(B) THE DEPARTMENT OR A PUBLIC HOUSING AGENCY SHALL APPROVE A 25
LIVE–IN AIDE IF A LIVE–IN AIDE IS REQUIRED AS A REASONABLE ACCO MMODATION 26
UNDER 24 C.F.R. § 8.11 REASONABLY MODIFY IT S POLICIES, PROCEDURES , AND 27
RULES TO ALLOW A FAM ILY THAT INCLUDES A PERSON WITH A DISABI LITY TO HAVE 28
A LIVE–IN AIDE. 29
(C) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY NOT INCLUDE A 30
LIVE–IN AIDE’S INCOME WHEN DETERM INING A FAMILY ’S INCOME ELIGIBILITY 31
UNDER THE STATE PROGRAM. 32
4–2911. 33 8 SENATE BILL 848
(A) (1) (I) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL 1
CONDUCT ANNUAL INSPE CTIONS OF EACH UNIT RENTED USING HOUSING 2
ASSISTANCE PAYMENTS TO ENSURE THE CONTIN UED COMPLIANCE WITH FEDERAL 3
HOUSING QUALITY STAN DARDS UNDER 24 C.F.R. § 982.401. 4
(II) (2) INSPECTIONS SHALL OCC UR ON OR BEFORE THE 5
INITIAL LEASE DATE A ND EACH YEAR THEREAF TER. 6
(2) (B) FOR A UNIT LOCATED IN A BUILDING WITH 3 TO 49 UNITS, 7
THE PROPERTY OWNER S HALL PROVIDE THE DEPARTMENT OR THE PUB LIC 8
HOUSING AGENCY WITH A CERTIFICATE OF OCC UPANCY THAT HAS BEEN 9
COMPLETED WITHIN 1 YEAR. 10
(3) (C) FOR A UNIT LOCATED IN A BUILDING WITH 50 UNITS OR 11
MORE, THE PROPERTY OWNER S HALL PROVIDE THE DEPARTMENT OR THE PUB LIC 12
HOUSING AGENCY WITH AN INSPECTION CERTIF ICATE. 13
(B) A PROPERTY OWNER WHO H AS RECEIVED THREE OR MORE PENA LTY 14
NOTICES FROM THE DEPARTMENT OR A PUBLI C HOUSING AGENCY FOR A VIOLATION 15
OF FEDERAL HOUSING Q UALITY STANDARDS IS NOT ELIGIBLE TO LEAS E THE 16
OWNER’S PROPERTIES TO FAMI LIES RECEIVING ASSIS TANCE UNDER THE STATE 17
PROGRAM. 18
4–2912. 19
THE DEPARTMENT SHALL ENSU RE THAT SUBSIDY STAN DARDS FOR UNIT 20
SELECTION COMPLY WIT H FEDERAL GUIDELINES UNDER THE HOUSING CHOICE 21
VOUCHER PROGRAM, INCLUDING THE MANDAT E TO PROVIDE FOR THE SMALLEST 22
NUMBER OF BEDROOMS N EEDED TO HOUSE A FAM ILY WITHOUT OVERCROW DING. 23
4–2913. 24
(A) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY DENY 25
ASSISTANCE UNDER THE STATE PROGRAM BY: 26
(I) DENYING LISTING ON T HE STATE PROGRAM LIST; 27
(II) (I) DENYING A VOUCHER UN DER THE STATE PROGRAM; 28
(III) (II) WITHDRAWING A STATE PROGRAM VOUCHER ; 29
(IV) (III) REFUSING TO ENTER IN TO A CONTRACT FOR HO USING 30
ASSISTANCE PAYMENTS ; OR 31 SENATE BILL 848 9
(V) (IV) REFUSING TO APPROVE A LEASE UNDER THE STATE 1
PROGRAM. 2
(2) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL DENY 3
ASSISTANCE UNDER THE STATE PROGRAM TO: 4
(I) SEX OFFENDERS WHO AR E SUBJECT TO A LIFET IME 5
REGISTRATION REQUIRE MENT UNDER A STATE SEX OFFENDER RE GISTRATION 6
PROGRAM; AND 7
(II) ALL OTHER SEX OFFEND ERS, FOR 10 YEARS FOLLOWING 8
THEIR CONVICTION FOR A SEX–RELATED CRIME . 9
(3) THE DEPARTMENT OR A PUBLIC HOUSING AGENCY MAY D ENY 10
ASSISTANCE UNDER THE STATE PROGRAM IF THE DEPARTMENT OR A PUBLI C 11
HOUSING AGENCY FINDS THAT ANY INDIVIDUAL IN A FAMILY RESIDING IN A UNIT 12
RENTED USING ASSISTA NCE FROM THE STATE PROGRAM HAS BEEN CONVICTED O F: 13
(I) A DRUG–RELATED CRIME UNDER STATE LAW; OR 14
(II) A VIOLENT CRIME . 15
(4) IF THE DEPARTMENT OR PUBLIC HOUSING AGENCY DENIE S 16
ASSISTANCE UNDER THE STATE PROGRAM, THE DEPARTMENT OR THE PUB LIC 17
HOUSING AGENCY SHALL PROMPTLY PROVIDE THE APPLICANT WITH A NOTICE 18
EXPLAINING THE DENIA L AND INDICATING THA T THE APPLICANT MAY REQUEST AN 19
INFORMAL REVIEW . 20
(B) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY 21
TERMINATE ASSISTANCE UNDER THE STATE PROGRAM BY: 22
(I) REFUSING TO ENTER IN TO A STATE PROGRAM CONTRACT ; 23
(II) REFUSING TO APPROVE A LEASE UNDER THE STATE 24
PROGRAM; OR 25
(III) TERMINATING HOUSING ASSISTANCE PAYMENTS UNDER A 26
STATE PROGRAM CONTRACT . 27
(2) THE DEPARTMENT OR A PUBLI C AGENCY SHALL TERMI NATE 28
ASSISTANCE UNDER THE STATE PROGRAM FOR : 29
10 SENATE BILL 848
(I) FAMILIES WHO WERE EVICT ED UNDER THE STATE 1
PROGRAM FOR SERIOUS VIOLATIONS OF THE LE ASE; 2
(II) FAMILIES WHO FAIL TO SIGN ANY FORMS FROM THE 3
DEPARTMENT OR A PUBLI C HOUSING AGENCY IND ICATING CONSENT TO O BTAIN 4
INFORMATION ; AND 5
(III) SEX OFFENDERS SUBJEC T TO A LIFETIME REGISTRAT ION 6
REQUIREMENT UNDER A STATE SEX OFFENDER RE GISTRATION PROGRAM ;. 7
(IV) ALL OTHER SEX OFFEND ERS, FOR 10 YEARS FOLLOWING 8
THEIR CONVICTION FOR A SEX–RELATED CRIME UNDER STATE LAW; AND 9
(V) FAMILIES THAT ARE AB SENT FROM A STATE PROGRAM UNIT 10
FOR MORE THAN 180 CONSECUTIVE DAYS . 11
(C) AFTER CONSIDERING WHEN DETERMINING THE DENIAL OR 12
TERMINATION OF ASSIS TANCE UNDER THE STATE PROGRAM, THE DEPARTMENT 13
MAY CONSIDER ALL RELEVANT CIRCUMS TANCES, INCLUDING THE SERIOU SNESS OF 14
THE CASE, THE EXTENT OF PARTICIPATIO N OR CULPABILITY OF INDIVIDUAL FAMILY 15
MEMBERS, MITIGATING CIRCUMSTA NCES RELATED TO THE DISABILITY OF A FAMI LY 16
MEMBER, AND THE EFFECTS OF D ENIAL OR TERMINATION OF ASSISTANCE ON 17
OTHER FAMILY MEMBERS WHO WERE NOT INVOLVE D IN THE ACTION OR FAILURE, 18
THE DEPARTMENT OR THE PUB LIC HOUSING AGENCY M AY DENY ADMISSION INTO 19
OR TERMINATE ASSISTA NCE UNDER THE STATE PROGRAM IF A FAMILY MEMBER : 20
(1) VIOLATES ANY OBLIGAT IONS UNDER THE STATE PROGRAM; 21
(2) HAS BEEN EVICTED FRO M FEDERALLY ASSISTED HOUSING FOR 22
VIOLENT CRIMINAL ACT IVITY THAT THREATENE D THE HEALTH , SAFETY, OR 23
WELFARE OF OTHER RES IDENTS WITHIN THE PRECEDING 3 YEARS; 24
(3) HAS COMMITTED FRAUD , BRIBERY, OR ANY OTHER CORRUPT OR 25
CRIMINAL ACT IN CONN ECTION WITH THE STATE PROGRAM; 26
(4) OWES A FINANCIAL OBLIGATION TO THE DEPARTMENT OR PUBLIC 27
HOUSING AGENCY IN CO NNECTION WITH ANOTHE R HOUSING OR RENTAL 28
ASSISTANCE PROGRAM ; 29
(5) BREACHES A REPAYMENT AGREEMENT TO PAY AMO UNTS OWED 30
TO THE DEPARTMENT OR PUBLIC HOUSING AGENCY ; OR 31
SENATE BILL 848 11
(6) HAS ENGAGED IN OR THREATENED ABUSIV E OR VIOLENT 1
BEHAVIOR TOWARD DEPARTMENT OR PUBLIC HOUSING AGENCY EMPLO YEES, THE 2
PROPERTY OWNER OR PR OPERTY MANAGEMENT ST AFF, OR OTHER RESIDENTS ; OR 3
(7) RECEIVES ASSISTANCE UNDER THE STATE PROGRAM AND IS 4
ABSENT FROM THE UNIT FOR MORE THAN 180 CONSECUTIVE DAYS . 5
(D) (1) THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY PROHIBIT 6
OTHER FAMILY MEMBERS WHO PARTICIPATED IN OR WERE CULPABLE FOR ACTIONS 7
SPECIFIED UNDER THIS SECTION FROM RESIDIN G IN A UNIT RENTED U SING 8
ASSISTANCE FROM THE STATE PROGRAM. 9
(2) IN MAKING THE DETERMI NATION UNDER PARAGRA PH (1) OF THIS 10
SUBSECTION, THE DEPARTMENT OR A PUBLI C HOUSING AGENCY MAY CONSIDER: 11
(I) THE SERIOUSNESS OF T HE CASE; 12
(II) THE EXTENT OF PARTIC IPATION BY OR CULPAB ILITY OF 13
INDIVIDUAL FAMILY MEMBERS; 14
(III) MITIGATING CIRCUMSTA NCES RELATED TO THE DISABILITY 15
OF A FAMILY MEMBER ; AND 16
(IV) THE EFFECTS OF THE P ROHIBITION ON OTHER FAMILY 17
MEMBERS WHO WERE NOT INVOLVED IN THE ACTI ON OR FAILURE. 18
4–2914. 19
(A) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 20
SHALL: 21
(1) SUPPLY ANY INFORMATI ON TO THE DEPARTMENT OR THE PUB LIC 22
HOUSING AGENCY NECES SARY FOR THE ADMINIS TRATION OF THE STATE PROGRAM; 23
(2) NOTIFY THE DEPARTMENT OR THE PUB LIC HOUSING AGENCY 24
BEFORE VACATING THE UNIT; 25
(3) USE THE UNIT ONLY AS A PRINCIPAL PLACE OF R ESIDENCE; AND 26
(4) MAINTAIN ALL UTILITI ES THAT ARE NOT PAID THROUGH THE 27
HOUSING ASSISTANCE P AYMENT. 28
(B) A FAMILY THAT RECEIVES A VOUCHER UNDER THE STATE PROGRAM 29
MAY NOT: 30 12 SENATE BILL 848
(1) HAVE A FINANCIAL INT EREST IN THE U NIT OWN THE UNIT THAT 1
THE ASSISTANCE IS PR OVIDED FOR; 2
(2) COMMIT FRAUD IN CONN ECTION WITH THE STATE PROGRAM; OR 3
(3) SUBLEASE OR ASSIGN T HE LEASE OR TRANSFER THE UNIT; OR 4
(4) ALLOW ANYONE NOT ON THE UNIT LEASE TO RE SIDE IN THE UNIT. 5
4–2915. 6
THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL GIVE EACH FAMILY 7
THAT RECEIVES ASSIST ANCE UNDER THE STATE PROGRAM A WRITTEN 8
DESCRIPTION OF : 9
(1) THE FAMILY’S OBLIGATIONS UNDER THE STATE PROGRAM; 10
(2) THE GROUNDS ON WHICH THE DEPARTMENT OR THE PUB LIC 11
HOUSING AGENCY MAY DENY O R TERMINATE ASSISTAN CE UNDER THE STATE 12
PROGRAM; AND 13
(3) THE PROCESS TO REQUE ST A AN INFORMAL HEARING. 14
4–2916. 15
THE DEPARTMENT OR A PUBLI C HOUSING AGENCY SHA LL RECERTIFY A 16
FAMILY FOR CONTINUED ADMISSION UNDER THE STATE PROGRAM, IN 17
ACCORDANCE WITH FEDE RAL GUIDELINES UNDER THE FEDERAL HOUSING CHOICE 18
VOUCHER PROGRAM. 19
4–2917. 20
(A) IF THE HEAD OF HOUSEH OLD WHO WAS RECEIVIN G ASSISTANCE UNDER 21
THE STATE PROGRAM DIES , A SURVIVING FAMILY M EMBER MAY CONTINUE TO 22
RECEIVE THE ASSISTAN CE IF THE HOUSEHOLD IS SOLELY OCCUPIED BY REMAININ G 23
FAMILY MEMBERS IN AC CORDANCE WITH THIS S UBTITLE. 24
(B) (1) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEI VING 25
ASSISTANCE UNDER THE STATE PROGRAM DIES : 26
(I) A REMAINING ELDERLY INDIVIDUAL IN THE UN IT SHALL 27
RECEIVE THE ASSISTAN CE; OR 28
SENATE BILL 848 13
(II) HOUSING ASSISTANCE P AYMENTS SHALL TERMIN ATE. 1
(2) IF AN ELDERLY FAMILY MEMBER WHO WAS RECEI VING 2
ASSISTANCE UNDER THE STATE PROGRAM MOVES TO A FE DERALLY ASSISTED 3
LONG–TERM CARE FACILITY , THE HOUSING ASSISTAN CE PAYMENTS SHALL 4
TERMINATE. 5
4–2918. 6
ANY GUIDELINES ON THE TERMINATION OF ASSIS TANCE OR ON EVICTION S 7
ESTABLISHED BY THE DEPARTMENT OR A PUBLI C HOUSING AGENCY UND ER THIS 8
SUBTITLE SHALL BE AT LEAST AS PROTECTIVE OF TENANTS’ RIGHTS AS GUIDELINES 9
ESTABLISHED UNDER TH E FEDERAL HOUSING CHOICE VOUCHER PROGRAM. 10
4–2919. 11
(A) (1) FOR FISCAL YEARS 2025, 2026, AND 2027, THE GOVERNOR SHALL 12
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $15,000,000 13
$10,000,000 TO THE DEPARTMENT FOR THE STATE PROGRAM. 14
(2) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR THEREAFTER , 15
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 16
SUFFICIENT TO FUND A T LEAST THE SAME NUM BER OF VOUCHERS ISSU ED IN THE 17
PRIOR FISCAL YEAR . 18
(B) OF THE AMOUNT SPECIFI ED UNDER SUBSECTION (A) OF THIS SECTION, 19
THE DEPARTMENT SHALL DIST RIBUTE 1% 6% EACH YEAR TO PUBLIC HOUSING 20
AGENCIES TO HELP DEF RAY STAFFING EXPENSE S RELATED TO THE 21
ADMINISTRATION OF TH E FEDERAL HOUSING CHOICE VOUCHER PROGRAM AND 22
THE STATE PROGRAM. 23
(C) THE DEPARTMENT SHALL DEVE LOP A FORMULA FOR DISTRI BUTING 24
STATE PROGRAM FUNDS TO THE DEPARTMENT AND EACH P UBLIC HOUSING 25
AGENCY. 26
4–2920. 27
ON OR BEFORE DECEMBER 30, 2024, AND EACH YEAR THEREA FTER, THE 28
DEPARTMENT AND EACH P OLITICAL SUBDIVISION THAT HAS A PUBLIC HO USING 29
AGENCY SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 30
OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 31
(1) THE NUMBER OF FAMILI ES RECEIVING ASSISTA NCE UNDER THE 32
STATE PROGRAM; 33 14 SENATE BILL 848
(2) COMPLIANCE WITH INCO ME ELIGIBILITY REQUI REMENTS UNDER 1
THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM; 2
(3) THE TOTAL AMOUNT OF FUNDS RECEIVED ; 3
(4) THE NUMBER OF HOUSEH OLDS TERMINATED FROM THE STATE 4
PROGRAM; 5
(5) THE INCOMES OF FAMIL IES RECEIVING ASSIST ANCE UNDER THE 6
STATE PROGRAM; 7
(6) THE GEOGRAPHIC LOCAT IONS WHERE FAMILIES RECEI VING 8
ASSISTANCE UNDER THE STATE PROGRAM HAVE BEEN HOU SED; 9
(7) THE RACE AND GENDER OF INDIVIDUALS IN FA MILIES RECEIVING 10
ASSISTANCE UNDER THE STATE PROGRAM; 11
(8) THE HOUSEHOLD SIZE F OR FAMILIES RECEIVIN G ASSISTANCE 12
UNDER THE STATE PROGRAM; 13
(9) THE NUMBER OF FAMILI ES RECEIVING ASSISTA NCE UNDER THE 14
STATE PROGRAM, BASED ON THE PREFERE NCES LISTED IN § 4–2905(B) 4–2906 OF 15
THIS SUBTITLE; 16
(10) THE LENGTH OF TIME T HAT EACH FAMILY HAS RECEIVED 17
ASSISTANCE UNDER THE STATE PROGRAM; 18
(11) THE AVERAGE LENGTH O F TIME FROM APPLICAT ION INTO THE 19
STATE PROGRAM AND RECEIPT O F HOUSING ASSISTANCE PAYMENTS; 20
(12) ANY REFERRALS MADE F OR FAMILIES UNDER TH E STATE 21
PROGRAM FOR WRAPAROUN D SERVICES, INCLUDING JOB TRAINI NG; AND 22
(13) ANY RESOURCES USED T O ADVERTISE THE STATE PROGRAM; 23
(14) THE DISABILITY STATU S OF HOUSEHOLDS SERV ED; AND 24
(15) THE NUMBER OF HOUSEH OLDS IN WHICH STATE PROGRAM 25
ASSISTANCE ENDED WIT HOUT THE HOUSEHOLDS HAVING RECEIVED FEDE RAL 26
HOUSING CHOICE VOUCH ERS. 27
4–2921. 28
SENATE BILL 848 15
THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS SUBTITLE . 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2023. 3
Approved:
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Governor.
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President of the Senate.
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Speaker of the House of Delegates.