[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3049 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3049
To amend the United States Housing Act of 1937 and the Internal Revenue
Code to promote the establishment of tenant organizations, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2025
Mrs. Ramirez (for herself, Ms. Tlaib, Mr. Gomez, Mr. Casar, and Ms.
Pressley) introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the United States Housing Act of 1937 and the Internal Revenue
Code to promote the establishment of tenant organizations, 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 ``Tenants' Right to Organize Act''.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that all members of a household
receiving tenant-based rental assistance have the right to decent,
safe, stable, and sanitary housing.
SEC. 3. HOUSING CHOICE VOUCHER TENANT ORGANIZATIONS.
Section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) is amended by adding at the end the following:
``(23) Right to organize.--
``(A) In general.--A tenant--
``(i) has the right to establish, operate,
and participate in a legitimate tenant
organization for the purpose of addressing
issues related to their living environment,
which includes--
``(I) the terms and conditions of
their tenancy; and
``(II) activities related to
housing and community development;
``(ii) has the right to speak to the
public, including media, elected officials, and
government agencies with respect to their right
to decent, safe, and sanitary housing in
compliance with relevant housing codes, fair
housing statutes, and any other requirements;
and
``(iii) may not be retaliated against for
asserting such rights.
``(B) Required engagement.--
``(i) Public housing agencies.--Each public
housing agency shall--
``(I) recognize legitimate tenant
organizations;
``(II) give reasonable
consideration to concerns raised by
legitimate tenant organizations;
``(III) solicit feedback from any
legitimate tenant organization within
the public housing agency, including--
``(aa) if a public housing
agency is required to complete
an annual public housing agency
plan, feedback with respect to
the plan; or
``(bb) if a public housing
agency has an exemption under
section 5(b)(3), soliciting
feedback not less than once
each year;
``(IV) after receiving feedback
from a legitimate tenant organization--
``(aa) except as provided
in item (bb), meaningfully
respond in writing to such
comment not later than 60 days
after receiving such feedback;
and
``(bb) with respect to
exigent poor housing
conditions, respond in writing
to the feedback not later than
30 days after receiving such
feedback; and
``(V) seek resident advisory board
appointments from legitimate tenant
organizations.
``(ii) Owners of units.--Each owner shall--
``(I) recognize legitimate tenant
organizations;
``(II) give reasonable
consideration to concerns raised by
legitimate tenant organizations; and
``(III) allow tenant organizers to
assist tenants in the establishment and
operation of legitimate tenant
organizations.
``(C) Protections.--
``(i) In general.--Each public housing
agency and each owner may not--
``(I) interfere with the right of
any tenant to establish and operate a
legitimate tenant organization; and
``(II) retaliate against any tenant
or tenant organizer because of their
association with or participation in
activities related to a legitimate
tenant organization.
``(ii) Protected activities.--Each public
housing agency, each owner, and agents thereof
shall permit tenants and tenant organizers to
conduct the following activities related to the
establishment or operation of a legitimate
tenant organization:
``(I) Distributing leaflets in
lobby areas.
``(II) Placing leaflets at or under
doors of tenants.
``(III) Distributing leaflets in
common areas.
``(IV) Initiating contact with
tenants.
``(V) Conducting door-to-door
surveys of tenants to ascertain
interest in establishing a legitimate
tenant organization and to offer
information about tenant organizations.
``(VI) Posting information on
bulletin boards.
``(VII) Assisting tenants with
participation in tenant organization
activities.
``(VIII) Convening regularly
scheduled tenant organization meetings
in a space on-site and accessible to
tenants, in a manner that is fully
independent of representatives of the
public housing agency or the owner,
unless invited by the tenant
organization to specific meetings to
discuss a specific issue or issues.
``(IX) Assisting tenants in--
``(aa) creating a resident
advisory board or resident
council; and
``(bb) appointing tenants
to serve on a resident advisory
board or resident council.
``(X) Speaking to the public,
including the media, elected officials,
and government agencies.
``(XI) Formulating a response to a
request by the owner or public housing
agency for approval of rent increases
or other discretionary decisions
affecting residents.
``(XII) Other reasonable activities
related to the establishment or
operation of a legitimate tenant
organization.
``(iii) Permission.--A public housing
agency or owner may not require tenants or
tenant organizers to obtain prior permission
before engaging in the activities permitted
under this paragraph.
``(iv) Presumption.--If a public housing
agency or owner takes an adverse action against
a tenant or tenant organizer that is a member
of a legitimate tenant organization during the
180-day period beginning on the date on which
the tenant engages in a protected activity
under this subparagraph, there shall be a
rebuttable presumption that the adverse action
is an act of retaliation relating to the
participation of the tenant in the tenant
organization.
``(D) Notice of right to organize.--Each public
housing agency shall notify each tenant of the rights
described under this paragraph.
``(E) Prohibition on interference and
retaliation.--Each public housing agency and each owner
may not--
``(i) interfere with the right of tenants
to establish and operate a legitimate tenant
organization; or
``(ii) retaliate against any tenant or
tenant organizer because of their association
with or participation in activities related to
a legitimate tenant organization.
``(F) Meeting spaces.--
``(i) In general.--Each public housing
agency and owner shall make available the use
of any community room or other available space
appropriate for meetings within the building or
project when requested by a legitimate tenant
organization and used for activities related to
the establishment or operation of a legitimate
tenant organization.
``(ii) Accessibility.--If the building or
project has an accessible common area or areas,
such facilities shall reasonably be made
available for legitimate tenant organization
meetings to ensure such meetings are accessible
to persons with disabilities, unless it is
impractical for reasons beyond the control of
the public housing agency or owner.
``(iii) Fees.--An owner of a building or
project may charge a reasonable, customary, and
usual fee, as may normally be imposed for the
use of such facilities.
``(G) Definitions.--In this paragraph:
``(i) Adverse action.--The term `adverse
action' means, in response to a tenant's
exercise of rights described in this
paragraph--
``(I) the termination or non-
renewal of a lease;
``(II) the termination of
assistance under this section;
``(III) a decrease or delay in
services provided to the tenant by the
owner or public housing agency;
``(IV) an unplanned increase of
rent or fees;
``(V) the threat or initiation of a
lawsuit against a lessee;
``(VI) a violation of tenant
privacy; or
``(VII) the harassment of a tenant
or tenant organizers.
``(ii) Legitimate tenant organization.--The
term `legitimate tenant organization' means, in
a building or project with 3 or more families
receiving assistance under this section, an
organization that--
``(I) meets regularly and operates
democratically;
``(II) is representative of all
tenants in the building or project;
``(III) is completely independent
from a public housing agency, owner,
landlord, management of the building or
development, and any representatives of
such entities;
``(IV) has been established for the
purpose described in subparagraph (A);
and
``(V) includes newly formed
resident organizing committees, which
do not require specific structures,
written by-laws, elections, or resident
petitions.
``(iii) Tenant.--The term `tenant' means a
family or any member of a family that receives
assistance under this section.
``(iv) Tenant organizer.--
``(I) In general.--The term `tenant
organizer' means an individual who--
``(aa) assists tenants in
establishing and operating a
legitimate tenant organization;
and
``(bb) is not an employee
or representative of current or
prospective owners or agents or
the owners.
``(II) Building policies.--
``(aa) Policy against
canvassing.--If a building or
project has consistently
enforced a written policy
against canvassing, any tenant
organizer who is not a tenant
shall be accompanied by a
tenant while on the property of
the building or project.
``(bb) Policy in favor of
canvassing.--If a building or
project has a written policy
favoring canvassing, any tenant
organizer who is not a tenant
shall be afforded the same
privileges and rights of access
as any other uninvited outside
parties in the normal course of
operations of the building or
project.
``(cc) No policy on
canvassing.--If a building or
project does not have a
consistently enforced, written
policy against canvassing, the
building or project shall be
treated as if it has a policy
favoring canvassing.''.
SEC. 4. LIHTC TENANT ORGANIZATIONS.
(a) In General.--Section 42(g) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(10) LIHTC tenant organizations.--
``(A) Rights of tenants.--In the case of any
qualified low-income housing project which is an
applicable project, families occupying rent-restricted
units in such project shall have the same right as
families described in section 8(o)(23)(B)(i), (ii) and
(iii) of the United States Housing Act of 1937.
``(B) Responsibilities of owners and state housing
credit agencies.--In the case of any applicable
project, such project shall not be treated as a