[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 127 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 127
To establish a whole-home repairs program for eligible homeowners and
eligible landlords, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2025
Mr. Fetterman (for himself, Ms. Lummis, Mr. Rounds, and Ms. Smith)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To establish a whole-home repairs program for eligible homeowners and
eligible landlords, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Whole-Home Repairs Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Affordable unit.--The term ``affordable unit'' means a
unit with a rental payment that is affordable to a tenant with
an income at or below 80 percent of the area median income, as
defined by the Secretary.
(2) Assisted unit.--The term ``assisted unit'' means a unit
that undergoes repair or rehabilitation work through a whole-
home repairs program administered by an implementing
organization under this Act.
(3) Eligible homeowner.--The term ``eligible homeowner''
means a homeowner--
(A) with a household income that--
(i) is not more than 80 percent of the area
median income;
(ii) is not more than 200 percent of the
Federal poverty guidelines, as determined by
the Secretary of Health and Human Services; or
(iii) meets the income eligibility criteria
of another program used by a Federal agency for
programs focusing on families of limited means,
as determined by the Secretary; and
(B) who is--
(i) an owner of record as evidenced by a
publicly recorded deed and occupies the home on
which repairs are to be conducted as their
principal residence;
(ii) an owner-occupant of the manufactured
home on which repairs are to be conducted; or
(iii) an equitable owner who can
demonstrate an ownership interest in the
property on which repairs are to be conducted,
including a person who has inherited an
interest in that property.
(4) Eligible landlord.--The term ``eligible landlord''
means an individual--
(A) who owns, as determined by the relevant
implementing organization, fewer than 10 residential
rental properties, with a majority of affordable units
and not more than 50 total units, operated as primary
residences in which a majority ownership interest is
held by the individual, the spouse of the individual,
or the dependent children of the individual, or any
closely held legal entity controlled by the individual,
the spouse of the individual, or the dependent children
of the individual, either individually or collectively;
and
(B) who agrees to the provisions described in
section 3(c).
(5) Eligible rental property.--The term ``eligible rental
property'' means a residential property that is leased, or
offered exclusively for lease, as a primary residence.
(6) Forgivable loan.--The term ``forgivable loan'' means a
loan--
(A) made to an eligible landlord;
(B) that is secured by a lien recorded against a
residential property; and
(C) that may be forgiven by the implementing
organization not later than the date that is 3 years
after the completion of the repairs if the eligible
landlord has maintained compliance with the loan
agreement described in section 3(c).
(7) Implementing organization.--The term ``implementing
organization''--
(A) means a unit of general local government or a
State that will administer a whole-home repairs program
through an agency, department, or other entity or enter
into agreements with 1 or more local governments,
municipal authorities, other governmental authorities,
or qualified nonprofits to administer a whole-home
repairs program as a subrecipient; and
(B) does not include a redundant entity in a
jurisdiction already served by a grantee under section
3.
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103).
(9) Qualified nonprofit.--The term ``qualified nonprofit''
means a nonprofit organization that has--
(A) received funding, as a recipient or
subrecipient, through--
(i) the Community Development Block Grant
program under title I of the Housing and
Community Development Act of 1974 (42 U.S.C.
5301 et seq.);
(ii) the HOME Investment Partnerships
program under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12741 et seq.);
(iii) the Lead-Based Paint Hazard Reduction
grant program under section 1011 of the
Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4852) or a grant under
the Healthy Homes Initiative administered by
the Secretary pursuant to sections 501 and 502
of the Housing and Urban Development Act of
1970 (12 U.S.C. 1701z-1, 1701z-2);
(iv) the Self-Help and Assisted
Homeownership Opportunity program authorized
under section 11 of the Housing Opportunity
Program Extension Act of 1996 (42 U.S.C. 12805
note);
(v) a rural housing program under title V
of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.);
(vi) the Neighborhood Reinvestment
Corporation established under the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101 et
seq.); or
(vii) any other program as determined by
the Secretary;
(B) coordinated, performed, or otherwise been
engaged in weatherization, lead remediation, or home-
repair work for not less than 2 years; or
(C) been certified by the Environmental Protection
Agency, or by a State authorized by the Environmental
Protection Agency to administer a certification
program, as--
(i) eligible to carry out activities under
the lead renovation, repair and painting
program; or
(ii) a Home Certification Organization
under the Energy Star program established by
section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a) or the
WaterSense program under section 324B of that
Act (42 U.S.C. 6294b), or recognized or
otherwise approved by the Environmental
Protection Agency as a Home Certification
Organization under either of those programs.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(11) State.--The term ``State'' means--
(A) each State of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) any territory or possession of the United
States; and
(E) an Indian Tribe.
(12) Whole-home repairs.--The term ``whole-home repairs''
means modifications, repairs, or updates to homeowner or
renter-occupied units to address--
(A) physical and sensory accessibility for
individuals with disabilities and older adults, such as
bathroom and kitchen modifications, installation of
grab bars and handrails, guards and guardrails, lifting
devices, ramp additions or repairs, sidewalk addition
or repair, or doorway or hallway widening;
(B) habitability and safety concerns, such as
repairs needed to ensure residential units are fit for
human habitation and free from defective conditions or
health and safety hazards;
(C) energy and water efficiency, resilience, and
weatherization; or
(D) other conditions as determined by the
Secretary.
SEC. 3. PILOT PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program to
provide grants to implementing organizations to administer a whole-home
repairs program for eligible homeowners and eligible landlords.
(b) Use of Funds.--An implementing organization that receives a
grant under this section--
(1) shall provide grants to eligible homeowners to
implement whole-home repairs up to a maximum amount per unit,
which maximum amount should--
(A) reflect local construction costs;
(B) be calculated by the implementing organization;
and
(C) be approved by the Secretary;
(2) shall provide loans, which may be forgivable loans, to
eligible landlords to implement whole-home repairs for
individual affordable units, public and common use areas within
the property, and common structural elements up to a maximum
amount per unit, area, or element, as applicable, which maximum
amount should--
(A) reflect local construction costs;
(B) be calculated by the implementing organization;
and
(C) be approved by the Secretary;
(3) shall evaluate, or provide assistance to eligible
homeowners and eligible landlords to evaluate, whole-home
repair program funds provided under this section with Federal,
State, and local home repair programs to provide the greatest
benefit to the greatest number of eligible landlords and
eligible homeowners and avoid redundancy;
(4) shall ensure that--
(A) all repairs funded or facilitated through an
award under this section have been completed;
(B) if repairs are not completed and the plan for
whole-home repairs is not updated to reflect the new
scope of work, that the loan or grant is repaid on a
prorated basis based on completed work; and
(C) any unused grant or loan balance is returned to
the implementing organization;
(5) may use not more than 10 percent of the awarded funds
to carry out related functions, including workforce training,
which shall be related to efforts to increase the number of
home repairs performed and approved by the Secretary;
(6) may use not more than 10 percent of the awarded funds
for administrative expenses; and
(7) shall comply with Federal accessibility requirements
and standards under applicable Federal fair housing and civil
rights laws and regulations, including section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(c) Loan Agreement.--In a loan agreement with an eligible landlord
under this section, an implementing organization shall include
provisions establishing that the eligible landlord shall, for each
eligible rental property for which a loan is used to fund repairs under
this section--
(1) comply with Federal accessibility requirements and
standards under applicable Federal fair housing and civil
rights laws and regulations, including section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794); and
(2)(A) if the landlord is renting the assisted units
available in the eligible rental property to tenants receiving
tenant-based rental assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)), under another
tenant-based rental assistance program administered by the
Secretary or the Secretary of Agriculture, or under a tenant-
based rental subsidy provided by a State or local government,
comply with the program requirements under the relevant tenant-
based rental assistance program; or
(B) if the eligible landlord is not renting to tenants
receiving rental-based assistance as described in subparagraph
(A)--
(i)(I) offer to extend the lease of current tenants
on current terms, other than the terms described in
clause (iv), for not less than 3 years beginning after
the completion of the repairs, unless the lease is
terminated due to failure to pay rent, property damage,
performance of an illegal act within the rental unit, a
direct threat to the safety of the tenants, or a
violation of an obligation of tenancy that the tenants
failed to correct after notice; and
(II) if the tenant of an assisted unit moves out of
the assisted unit at any point in the 3-year period
following the loan agreement, maintain the unit as an
affordable unit;
(ii) provide documentation verifying that the
property, upon completion of approved renovations, has
met all applicable State and local housing and building
codes;
(iii) attest that the landlord has no known serious
violations of renter protections that have resulted in
fines, penalties, or judgments during the preceding 10
years; and
(iv) cap annual rent increases for each assisted
unit at 5 percent of base rent or inflation, whichever
is lower, for not less than 3 years beginning after the
completion of the repairs.
(d) Application.--
(1) In general.--An implementing organization desiring an
award under this section shall submit to the Secretary an
application that includes--
(A) the geographic scope of the whole-home repairs
program to be administered by the implementing
organization, including the plan to address need in any
rural, suburban, or urban area within a jurisdiction;
(B) a plan for selecting subrecipients, if
applicable;
(C) how the implementing organization plans to
execute the coordination of Federal, State, and local
home repair programs, including programs administered
by the Department of Energy or the Department of
Agriculture, to increase efficiency and reduce
redundancy;
(D) available data on the need for affordable and
quality housing, and any plans to preserve
affordability through the term of the award;
(E) how the implementing organization plans to
process and verify applications for grants from
eligible homeowners and applications for loans from
eligible landlords; and
(F) such other information as the Secretary
requires to determine the ability of an applicant to
carry out a program under this section.
(2) Considerations.--In making awards under this section,
the Secretary shall--
(A) with respect to applications submitted by
States other than the District of Columbia and the
territories of the United States, prioritize those
applications with a demonstrated plan to--
(i) make a good faith effort to implement
the pilot program in every jurisdiction; and
(ii) provide non-metropolitan areas, or
subrecipients serving non-metropolitan areas if
applicable, with a share of total funds
commensurate to their population;
(B) aim to select applicants so that the awardees
collectively span diverse geographies, with an intent
to understand the impact of the pilot program under
this section in urban, suburban, rural, and Tribal
settings; and
(C) not disqualify implementing organizations that
were awarded grants under the pilot program in prior
application cycles.
(e) Program Information.--The Secretary shall make available to
grant recipients under this section information regarding existing
Federal programs for which grant recipients may coordinate or provide
assistance in coordinating applications for those programs in
accordance with subsection (b)(3).
(f) Grant Number.--In each year in which an award is made under
this section, the Secretary shall award assistance to--
(1) not less than 2, and not more than 10, implementing
organizations, as application numbers and funding permit; and
(2) not more tha