Sec. 113. Office of restorative housing justice
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/bill/117/s/2234/is/section-113A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term covered geographic area means a geographic area that is— within 20 miles of— an area that was subject to an Urban Renewal Loan and Grant Contract from the Department of Housing and Urban Development; or an area designated by the Home Owners' Loan Corporation as C—Definitely Declining or D—Hazardous ; and within the service area of a single public housing agency. The Secretary shall establish within the Department of Housing and Urban Development an Office of Restorative Housing Justice (in this section referred to as the Office ) to execute an affordable housing assistance preference policy for individuals and the parents, grandparents, or primary caretakers of people who— lost title to a personal residential property or at any point possessed title to real property in a covered geographic area; or were displaced from a tenancy or established residence in a covered geographic area; and seek to return to an area that was historically a covered geographic area.
Each public housing agency with a geographic service area that includes a covered geographic area shall be eligible to receive funding from the Office to carry out an affordable housing assistance preference policy in accordance with subsection (h). A public housing agency may use not more than 10 percent of the funding received from the Office in a fiscal year for administration and education purposes. The Office shall be headed by a Director, who shall be appointed by the Secretary.
There is established within the Office an Office of the Ombudsperson, which shall be— responsible for— ensuring that the National Advisory Council and the Community Advisory Council established under subsections
(f)and (g), respectively, are carrying out the intended mission of the Office; and advocating for individuals who are seeking housing assistance through the housing assistance preference policy established under subsection (h); and an impartial, confidential resource that is fully independent of the Department of Housing and Urban Development and the Office. The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall— be a career employee in the Senior Executive Service, as defined in section 3132(a) of title 5, United States Code; and have demonstrated experience in housing law and racial equity work. The Ombudsperson shall— monitor the National Advisory Council and the Community Advisory Council established under subsections
(f)and (g), respectively, and the Office for compliance with applicable laws and standards, including by investigating— claims of— inadequate use of funds; inequitable implementation of the preference policy established under subsection (h); and inaccurate covered geographic areas; and complaints against the Office and each of the Councils; not less frequently than quarterly, invite community stakeholders, tenants’ rights organizations, and others to participate in a meeting to ensure that Ombudsperson is aware of stakeholder concerns and priorities and to provide feedback on stakeholder requests; and establish regional offices to the Office of the Ombudsperson to sure the inclusion of pertinent local and regional issues, trends, and challenges for consideration by the Ombudsperson. The Ombudsperson may— issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and invoke the aid of any appropriate court of the United States. The Ombudsperson shall establish and maintain— a toll free telephone number to receive complaints and reports of matters for investigation; an email address to receive complaints, such reports, and requests for review of housing preference determinations; and a website to receive complaints and reports for matter of investigation. The Director of the Office shall establish within the Office an advisory council, which shall— be composed of 10 members, of whom— one shall be the Director of the Office; two shall be representatives from national nonprofit civil rights organizations and appointed by the Director; two shall be representatives from national tenant rights organizations and appointed by the Director; three shall be individuals eligible for assistance under this section and appointed by the Director; and two shall be appointed by the Secretary at the discretion of the Secretary; submit to Congress an annual report in partnership with a housing and homelessness innovation research center established under section 401; provide technical assistance to annual action plans submitted by a community advisory council established under subsection (g); and submit annual recommendations relating to the policies and regulations of the Office. Each public housing agency shall establish a community advisory council, which shall— establish an annual action plan, which shall— be submitted to the National Advisory Council established under subsection (f); govern the release of funds under this section and administer the preference scale established under subsection (h); and include demographic data and information on how funds released under this section were used during the preceding year; and be composed of 10 members with a 2-year term limit, of whom— one shall be the Executive Director of the public housing agency or an appointee from the public housing agency; two shall be representatives from a local nonprofit civil rights organizations and appointed by the Director of the council; two shall be representatives from local tenant rights organizations and appointed by the Director of the council; three shall be individuals eligible for displacement compensation under this section and appointed by the Director of the council; and two shall be appointed by the Director of the council at the discretion of the Executive Director of the public housing agency. During the 1-year period following the date on which a community advisory council is established under paragraph (1), the member described in paragraph (1)(B)(i) shall serve as Director of the council. After the 1-year period described in subparagraph (B), the Director of a community advisory council shall be appointed on an annual basis by majority vote of the council. The Director of a community advisory council shall submit to the council established under subsection
(e)on an annual basis— the action plan required under paragraph (1)(A) and an accompanying report; and policy proposals for the community advisory council. Each State shall, to the greatest extent possible, incorporate the action plan established by the applicable community advisory council into all applicable sections of the annual consolidated plan, as defined in section 110(a). Each public housing agency shall allocate $100,000 on an annual basis to the community advisory council established under this subsection. The community advisory council of a public housing agency established under subsection
(f)shall determine individual preference for funds made available under this section to applicants on a scale of 1 to 5, with 1 point awarded for each of the following factors: Whether the applicant lost title or possessed title to a property or was displaced, as described in subparagraphs
(A)and
(B)of subsection (b)(1). Whether the applicant is a descendant of someone who lost title or possessed title to a property or was displaced, as described in subparagraphs
(A)and
(B)of subsection (b)(1). Whether the income of the applicant is below 30 percent of the median income in the area in which the applicant resides. Whether the income of the applicant is below 60 percent of the median income in the area in which the applicant resides. Whether the applicant attended a school designated as a title I school for more than 5 years. There is established in the Treasury of the United States a fund to be known as the Restorative Housing Justice Fund, into which shall be deposited— amounts appropriated to the fund; and all amounts set aside for the Restorative Housing Justice Fund under any other provision of law. There is authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary each of fiscal years 2022 through 2031.