Additional tenant protections announced by Biden Administration

The Biden Administration announced new initiatives expanding on its Blueprint for a Renters Bill of Rights that offer tenant protections to the nation’s renters. The Administration highlighted three concrete steps: ensure tenants have an opportunity to address incorrect credit and criminal screening reports, provide funding for tenant organizing efforts, and ensure tenants receive reasonable notice of eviction. Five federal agencies released best practice guidance for landlords and other operators who rely on screening reports for tenant selection. The best practices outline the Administration’s expectations on telling renters what information in their screening reports can lead to denying their applications. These announcements come a few days before the July 31 deadline for an open request for comment by the Federal Housing Finance Agency regarding tenant protections.

Investments for tenant organizing efforts are provided by the U.S. Department of Housing and Urban Development (HUD), allocating $10 million available for tenant education and outreach in properties supported by the Section 8 Project-Based Rental Assistance program. The funding will support capacity-building efforts for tenants to engage with management to sustain quality affordable housing. Applications for this funding must be submitted by Jan. 1, 2024.

HUD also committed to issuing a notice of proposed rulemaking requiring residents of public housing and properties with project-based rental assistance (PBRA) to receive at minimum 30 days’ notice before terminating leases due to nonpayment of rent. The proposal intends to help curtail unnecessary evictions by providing time for residents to address their nonpayment violations. While tenants living in public housing and properties with PBRA are already entitled to receive these 30-day notices, this proposed rule will make that entitlement permanent in HUD’s regulations.

The Administration’s Fact Sheet of these announcements further noted that HUD published new guidance for public housing authorities and multifamily owners participating in the Rental Assistance Demonstration program. The guidance updates resident engagement requirements and ensures renters have a seat at the table by prioritizing engagement with tenants and tenant organizers. 

Biden Administration expands Housing Supply Action Plan

The Biden Administration announced efforts to build on its Housing Supply Action Plan. The measures include reducing barriers to building housing and expanding financing for green housing initiatives. To reduce the obstacles to building, the Administration addresses restrictive land use and zoning rules with an announcement from HUD of a new Pathways to Removing Obstacles to Housing program. This first-of-its-kind program will commit $85 million to provide communities with the capital needed to identify and remove barriers to producing affordable housing in their jurisdictions. HUD will grant up to $10 million to communities with an acute demand for more affordable units that are working to identify ways to increase production and preservation. The Economic Development Administration also updated its “Investment Priorities” guide to prioritize the agency’s grantmaking on land use.

HUD also announced a Notice of Funding Opportunity (NOFO) for research on office-to-residential conversions. The NOFO seeks case studies on conversion projects to improve understanding of financing limitations and opportunities for subsidies to support conversions. Data and information gathered from this research will serve as a toolkit for local leaders and development practitioners to improve economic viability and metrics of conversions. Proposals are due by Oct. 12.

These actions reiterated other announcements earlier this year to address transportation and efficient and climate-resilient housing. This includes a new program from the Department of Transportation called Reconnecting Communities and Neighborhoods that will provide $3.16 billion for planning and construction projects to connect disadvantaged neighborhoods to affordable housing and daily destinations, a $27 billion Greenhouse Gas Reduction Fund commitment from the Environmental Protection Agency to finance clean energy projects, and further updates to guidelines for Low-Income Housing Tax Credit and Rental Assistance Demonstration programs that help boost production efforts.

The announcement coincided with a roundtable with housing leaders and HUD Deputy Secretary Adrianne Todman. National Multifamily Housing Council President Sharon Wilson Géno who participated in the forum said, “Policies that actually move the needle and expand housing supply are the only real way we are going to lower the cost of housing and broaden housing availability.” Noting areas of agreement between tenant advocates and housing providers, Géno stated that “now more than ever, housing providers and residents need to work closely together to convince lawmakers to expand programs that support renters in need, including emergency rental assistance and housing choice vouchers, as well as incentives to increase housing supply.”

One-third of Congress supports AHCIA

The Affordable Housing Tax Credit Coalition (AHTCC) announced a major milestone for the Affordable Housing Credit Improvement Act (AHCIA) of 2023. One-third of Congress, 151 Representatives and 28 Senators, now support AHCIA. Support is balanced among Democrats and Republicans, and the number of cosponsors is over double what it was at this point in the last Congress. NHC strongly supports the legislation.

“With one-third of Congress supporting this bill on a bipartisan basis, the momentum behind this legislation is driven by a compelling show of support,” said AHTCC Chief Executive Officer Emily Cadik. “This demonstrates to members across the political spectrum that the AHCIA is a well-vetted, viable solution to address a problem that impacts states and districts across the country.”