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Choice in Affordable Housing Act

Section 405 · Sec. 405 ·

What this chapter is about

This part is about checking rental homes used with housing vouchers. A home already checked under another program may count as checked here. In country areas the check may be done by video. A landlord new to the program may ask for a check before a tenant picks the home.

7 proposals indexed from this chapter.

The document says “shallWho acts: public housing agenciesHow: statuteSec. 405 in the PDF
What the document says

“``(II) the dwelling unit, during the preceding 12-month period, was physically inspected and satisfied the suitability-for-occupancy requirement in section 42(i)(3)(B)(ii) of such Code; and ``(III) the applicable public housing agency performed the inspection itself or is able to obtain the results of the inspection described in subclause (II).”

To increase the supply of housing in America, and for other purposes, Sec. 405

The section adds a new subparagraph to section 8(o)(8) of the United States Housing Act of 1937 deeming a unit to meet the inspection requirement where the building was acquired, rehabilitated, or built by an owner who may be eligible for low-income housing credits under section 42(h) of the Internal Revenue Code of 1986, the unit was physically inspected in the preceding 12 months and met the suitability for occupancy requirement in section 42(i)(3)(B)(ii) of that Code, and the public housing agency did the inspection itself or can get the results.

What the document actually says

“``(II) the dwelling unit, during the preceding 12-month period, was physically inspected and satisfied the suitability-for-occupancy requirement in section 42(i)(3)(B)(ii) of such Code; and ``(III) the applicable public housing agency performed the inspection itself or is able to obtain the results of the inspection described in subclause (II).”

To increase the supply of housing in America, and for other purposes, Sec. 405
That sentence, in plain words

The home must have been checked in person in the past year. It must have passed a test for being fit to live in. The housing office must have done the check or be able to get the results.

What this is about

A voucher home normally needs its own check. That can mean two checks in one year. This lets one check count for both.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: public housing agenciesHow: statuteSec. 405 in the PDF
What the document says

“``(II) the dwelling unit was physically inspected and passed inspection as part of the program described in subclause (I) during the preceding 12-month period; and”

To increase the supply of housing in America, and for other purposes, Sec. 405

The section deems a unit to meet the inspection requirement where it is assisted under the HOME Investment Partnerships Program in title II of the Cranston-Gonzalez National Affordable Housing Act, was physically inspected and passed within the preceding 12 months as part of that program, and the public housing agency can get the results.

What the document actually says

“``(II) the dwelling unit was physically inspected and passed inspection as part of the program described in subclause (I) during the preceding 12-month period; and”

To increase the supply of housing in America, and for other purposes, Sec. 405
That sentence, in plain words

The home must have been checked in person in the past year. It must have passed that check. The check must have been part of the other program.

What this is about

The other program is a federal housing program with its own checks. Its results can stand in for the voucher check. The housing office must be able to get them.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: public housing agenciesHow: statuteSec. 405 in the PDF
What the document says

“``(II) the dwelling unit was physically inspected and passed inspection in connection with the assistance described in subclause (I) during the preceding 12-month period; and”

To increase the supply of housing in America, and for other purposes, Sec. 405

The section deems a unit to meet the inspection requirement where it is assisted by the Rural Housing Service of the Department of Agriculture, was physically inspected and passed within the preceding 12 months in connection with that assistance, and the public housing agency can get the results.

What the document actually says

“``(II) the dwelling unit was physically inspected and passed inspection in connection with the assistance described in subclause (I) during the preceding 12-month period; and”

To increase the supply of housing in America, and for other purposes, Sec. 405
That sentence, in plain words

The home must have been checked in person in the past year. It must have passed. The check must have gone with the other help it gets.

What this is about

The Rural Housing Service is part of the farm agency. It backs homes in country places and checks them. Those results can stand in here.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “canWho acts: Secretary of Housing and Urban DevelopmentHow: statuteSec. 405 in the PDF
What the document says

“the Secretary may allow a grantee to conduct a remote or video inspection of a unit if the remote or video inspection-- ``(I) is thorough; ``(II) does not misrepresent the condition of the unit; and”

To increase the supply of housing in America, and for other purposes, Sec. 405

The section lets the Secretary allow a grantee to inspect a unit in a rural or small area remotely or by video, provided the inspection is thorough, does not misrepresent the condition of the unit, and gives the information needed to evaluate the unit fully and accurately against the relevant standards. A separate rule of construction states that nothing in these clauses affects the operation of the other housing programs they name.

What the document actually says

“the Secretary may allow a grantee to conduct a remote or video inspection of a unit if the remote or video inspection-- ``(I) is thorough; ``(II) does not misrepresent the condition of the unit; and”

To increase the supply of housing in America, and for other purposes, Sec. 405
That sentence, in plain words

The housing agency may let a check be done by video. The check must be complete. It must not give a false picture of the home.

What this is about

A country home may sit far from the nearest office. Going there takes time. Video can serve if it shows the home fully and truly.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “canWho acts: public housing agenciesHow: statuteSec. 405 in the PDF
What the document says

“Upon the request of a new landlord, a public housing agency may inspect the dwelling unit owned by the new landlord to determine whether the unit meets the housing quality standards under subparagraph (B) before the unit is selected by a tenant assisted under this subsection.”

To increase the supply of housing in America, and for other purposes, Sec. 405

The section adds a new clause to section 8(o)(8)(A) of the United States Housing Act of 1937 letting a public housing agency, at a new landlord's request, inspect a unit against the housing quality standards before a tenant with assistance chooses it. A new landlord is defined as an owner who has not previously entered a housing assistance payment contract with a public housing agency under that subsection for any unit.

What the document actually says

“Upon the request of a new landlord, a public housing agency may inspect the dwelling unit owned by the new landlord to determine whether the unit meets the housing quality standards under subparagraph (B) before the unit is selected by a tenant assisted under this subsection.”

To increase the supply of housing in America, and for other purposes, Sec. 405
That sentence, in plain words

A landlord new to the program may ask for a check. The housing office may then look at the home. It does so before a tenant with a voucher picks it.

What this is about

Normally the check comes after a tenant chooses a home. That can mean weeks of waiting. Checking early removes that wait.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: public housing agenciesHow: statuteSec. 405 in the PDF
What the document says

“An inspection conducted under subclause (II) that determines that the dwelling unit meets the housing quality standards under subparagraph (B) shall satisfy this subparagraph and subparagraph (C) if the new landlord enters into a lease agreement with a tenant assisted under this subsection not later than 60 days after the date of the inspection.”

To increase the supply of housing in America, and for other purposes, Sec. 405

The section provides that an early inspection finding a unit meets the housing quality standards satisfies the inspection requirements in subparagraphs (A) and (C), so long as the new landlord signs a lease with an assisted tenant within 60 days of the inspection.

What the document actually says

“An inspection conducted under subclause (II) that determines that the dwelling unit meets the housing quality standards under subparagraph (B) shall satisfy this subparagraph and subparagraph (C) if the new landlord enters into a lease agreement with a tenant assisted under this subsection not later than 60 days after the date of the inspection.”

To increase the supply of housing in America, and for other purposes, Sec. 405
That sentence, in plain words

An early check that finds the home in good order counts. It counts as the check the law requires. The landlord must sign a lease within 60 days.

What this is about

The 60 day limit keeps the check fresh. After that a home may have changed. Then a new check is needed.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: public housing agenciesHow: statuteSec. 405 in the PDF
What the document says

“the public housing agency shall include in the information provided to the family a list of dwelling units that have been inspected under subclause (II) and determined to meet the housing quality standards under subparagraph (B).”

To increase the supply of housing in America, and for other purposes, Sec. 405

The section requires a public housing agency, when it selects a family for the tenant-based assistance program, to include in the information it gives the family a list of units already inspected and found to meet the housing quality standards.

What the document actually says

“the public housing agency shall include in the information provided to the family a list of dwelling units that have been inspected under subclause (II) and determined to meet the housing quality standards under subparagraph (B).”

To increase the supply of housing in America, and for other purposes, Sec. 405
That sentence, in plain words

The housing office must give the family a list. It names homes already checked. Each one has been found to meet the standards.

What this is about

A family with a voucher must find a home that passes. That search can take months. The list points to homes that already have.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

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What This Page Covers, and What It Leaves Out

Each distinct thing the section does: the three cases where another program's inspection satisfies the requirement, the allowance for remote or video inspections in rural or small areas, the rule of construction protecting the other programs, the definition of a new landlord, the early inspection and what it satisfies, and the list of pre-inspected units given to a family.

Nothing the section does is left out.

The section works by amending section 8(o)(8) of the United States Housing Act of 1937, which is not indexed here, so nothing is recorded about the housing quality standards themselves. The Internal Revenue Code of 1986 and the Cranston-Gonzalez National Affordable Housing Act are likewise not indexed.