HR4457-119

1. Short title; table of contents This Act may be cited as the Housing Is a Human Right Act of 2025. The table of contents for this Act is as follows:

2. Definitions For purposes of this Act, the following definitions shall apply: The term at risk of homelessness means, with respect to an individual or family, that the individual or family— has an annual income that is less than 30 percent of median family income for the area, as determined by the Secretary; does not have sufficient resources or support networks, including family, friends, faith-based organizations, and other social networks, immediately available to prevent the individual or family from moving to an emergency shelter or other place described in paragraph (3)(A) of this subsection; and has moved because of economic hardship two or more times during the 60 days immediately preceding the application for homelessness prevention assistance under this Act; is living in the home of another because of economic hardship; has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days of the date of application for assistance under this Act; lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by Federal, State, or local government programs for low-income individuals; lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons, or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the United States Census Bureau; is exiting a publicly funded institution, or system of care, including health-care facilities, mental health facilities, foster care and other youth facilities, and correction programs and institutions; or otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, including those characteristics identified in the approved consolidated plan for the applicable jurisdiction. The term cost-burdened means, with respect to an individual or family, that the individual or family— spends more than 22 percent of their income on rent, or other housing-related costs, including property taxes, utility bills, and mortgage payments, or both; or otherwise compromises other basic needs in order to pay for housing. The terms governmental unit and municipality have the meanings given such terms in section 101 of title 31, United States Code. The term homeless means, with respect to an individual or family— an individual or family who lacks a fixed, regular, and adequate nighttime residence; an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing); an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided; and an individual or family who will imminently lose their housing, including housing they own, rent, or live in without paying rent, are sharing with others, and rooms in hotels or motels not paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations. The term Housing First means, with respect to addressing homelessness, an approach to quickly and successfully connect individuals and families experiencing homelessness to permanent and affordable housing opportunities and appropriate services without preconditions and low or no barriers to entry, including barriers relating to sobriety, treatment, work requirements, and service participation requirements. The term housing-unstable means, with respect to an individual or family that the individual or family— lacks a fixed, regular, and adequate nighttime residence; shares housing with other persons due to loss of housing or economic hardship; lives in hotels or motels, trailer parks, or campgrounds due to lack of alternative arrangements; is awaiting foster care placement; lives in substandard housing; is a child of migrant worker; has moved more than three times in the past year due to economic instability; would be unable to pay for housing if their income decreased by $100 or more or if they experienced a financial hardship; is paying for housing or shelter with labor or sex; has housing that is dependent on their employer; is exiting from incarceration (including pre-trial and pre-conviction detention; immigration detention; and juvenile detention) or who will be exiting from incarceration (including conditional release on bail or parole) in the next six months, or, with respect to youth, who is or has been held in the custody of the Office of Refugee Resettlement of the Department of Health and Human Services; has an income that does not exceed 50 percent of median income for the area in which they reside; has a primary income that is fixed and derived solely from Federal or State benefits; or is a survivor of domestic violence or trafficking residing with a perpetrator of domestic violence or trafficking. Such term includes an individual or family who is— at risk of homelessness, as such term in defined in this subsection; not consistently or safely housed, including individuals and families at imminent risk of eviction, who are couch-hopping, have had to move into the dwelling unit of another individual or family; or homeless in a rural area. The term justice system-involved includes persons who are or have been incarcerated or held in municipal, State, or Federal jails, prisons, juvenile facilities, or other types of detention facilities, who have been held in pre-trial or post-conviction detention, who have an arrest or conviction regardless of whether they were detained or incarcerated, who have been held in immigration detention, or, with respect to youth, who are or have been held in the custody of the Office of Refugee Resettlement of the Department of Health and Human Services. The term penalize homelessness means to impose, by a governmental unit, criminal or civil penalties on persons who are homeless or housing unstable in a manner that is related to those persons’ engagement in necessary human activities, including sleeping, resting, and eating. The term permanent supportive housing means housing that provides— indefinite leasing or rental assistance; and non-mandatory, culturally competent supportive services to assist persons to achieve housing stability and maintain their health and well-being. The term population at higher risk of homelessness means a group of persons that is defined by a common characteristic and that has been found to experience homelessness, housing instability, or to be cost-burdened at a rate higher than that of the general public. Information that may be used in demonstrating such a higher rate includes data generated by the Federal Government, by State or municipal governments, by peer-reviewed research, and by organizations having expertise in working with or advocating on behalf of homeless, housing unstable, or cost-burdened groups. Such term shall include populations for which such higher rate has already been demonstrated, including Asian, Black, Latino, Native American, Native Hawaiian, Pacific Islander and other communities of color; persons with disabilities, including mental health disabilities, elderly persons, foster and former foster youth; LGBTQ persons, gender non-binary and gender non-conforming persons, justice system-involved persons, and veterans.

101. Grant authorization The Attorney General is authorized to make grants to States, units of local government, public and community defender systems, and nonprofit organizations to create or expand alternatives to penalizing homelessness.

102. Application An entity seeking a grant under this title shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require, including an assurance described in subsection (b). An assurance described in this subsection is an assurance that the entity has in place a policy protecting employees, persons, and communities served by the entity from discrimination under applicable civil rights laws, and that such policy includes protection from discrimination on the basis of gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. In addition to the assurance described in subsection (b), a nonprofit organization seeking a grant under this title shall demonstrate in its application that it has a proven history of— successful engagement with populations experiencing homelessness and housing instability, including members of a population at higher risk of homelessness; or assisting communities to engage in alternatives to penalizing homelessness.

103. Use of funds An entity that receives a grant under this title may use funds received under this title for any of the following: Creating or expanding a diversion program, including a law enforcement assisted diversion program, which program includes— a focus on reducing racial disparity in law enforcement and prosecution; reliance on harm-reduction principles; collaboration with community-based, trauma-informed organizations; development of pre-arrest diversion programs that are designed in consultation persons experiencing homelessness and housing instability, populations at higher risk of homelessness, and community based health and service providers; and a primary focus on providing diversion services to persons and communities that are homeless or at risk of homelessness. Providing technical support to jurisdictions that are working to reduce the extent to which the laws or policies in that jurisdiction penalize homelessness, including— assisting the jurisdiction in creating procedures, programs, and infrastructure to safeguard the personal property of persons experiencing homelessness or housing instability, in consultation with persons and organizations representing such persons; developing protocols for pre-booking diversion for offenses in cases where the incident is related to homelessness or housing instability, a mental health condition, or addiction; and identifying statutes, regulations, and policies that penalize homeless and housing unstable persons, and identifying, pursuing, and implementing alternatives that promote Housing First, permanent supportive housing, and the health, safety and self-determination of such persons. Creating, supporting, expanding, or studying mobile crisis intervention teams that are trained to provide stabilization services to persons with an urgent medical or psychological need, as an alternative to a law enforcement response, which teams may include healthcare professionals, mental health professionals, addiction counselors, housing referral specialists, groups serving or representing justice system-involved or housing unstable persons, and other related resource providers.

201. CDBG Plus program Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.) is amended by adding at the end the following new subtitle: The Secretary of Housing and Urban Development shall carry out a Community Development Block Grant Plus Program under this section (in this section referred to as the CDBG Plus Program) to provide assistance to units of general local government and States for activities to benefit homeless, housing unstable, or cost-burdened households, as such terms are defined in section 2 of the Housing Is a Human Right Act of 2025. The CDBG Plus Program shall be carried out in the same manner and subject to the same requirements and limitations applicable to 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.), except to the extent otherwise provided— by this section; or by the Secretary, to account for differences between— the primary objectives of such block grant program and the CDBG Plus Program (as provided in subsection (c) of this section); and the primary benefit requirement of such block grant program under section 101(c) of such Act (42 U.S.C. 5301(c)) and the primary benefit requirement of the CDBG Plus Program (as provided in subsection (d) of this section). The primary objective of this section and of the CDBG Plus Program of each grantee under the program shall be to reduce and end homelessness and housing instability and to reduce and prevent housing-related cost-burdens, with priority given to providing housing for low-income and extremely low-income households and for members of a population at higher risk of homelessness, as such term is defined in section 2 of the Housing Is a Human Right Act of 2025. Consistent with the primary objective under subsection (c), all of the Federal assistance provided to States and units of general local government under the CDBG Plus Program shall be used for the support of activities that benefit homeless, housing unstable, or cost-burdened households. Notwithstanding any provision of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), the CDBG Plus Program shall be subject to the following requirements: Notwithstanding section 105 of such title (42 U.S.C. 5305), activities assisted under the CDBG Plus Program may include only the following activities: Projects that improve compliance with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), projects that address other barriers to full community participation, integration, and access as identified by directly impacted persons with disabilities who experience homelessness or housing instability, and projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly persons and persons with disabilities, and projects that assist elderly persons to age in place. The acquisition of real property (including air rights, water rights, and other interests therein), that— is appropriate for rehabilitation, conservation, or construction of permanent affordable housing or transitional housing; or is being acquired by or on behalf of a group of persons who are homeless, housing unstable, or at risk of homelessness to provide housing, land, or self-determination to that group of persons. The provision of public services that increase stability and housing access for persons experiencing homelessness or housing instability, including services associated with permanent supportive housing, housing search and placement support, and legal services. Activities necessary to develop, implement, or evaluate a comprehensive plan to end homelessness and housing instability. The rehabilitation, development, or construction of dignified and humane housing that is permanently affordable to persons earning 30 percent or less of the median income for the area in which the housing is located, including the construction and maintenance of public housing units and the creation of new forms of housing, such as tiny homes. The acquisition, rehabilitation, renovation, or conversion of transitional housing, temporary shelters, and other spaces, such as hotels, motels, government-owned properties, and commercial business spaces, to address urgent safety and public health needs for persons experiencing homelessness and housing instability, except that no funds shall be granted to any projects by government units or municipalities that penalize homelessness or force or coerce persons to utilize those spaces. All necessary activities to create, maintain, and offer to the public the types of infrastructure necessary to address basic human needs, including public bathrooms, water fountains, and places to sit and rest. Projects that ensure access to specialized medical respite housing and associated services and supports for persons experiencing homelessness or housing instability who are sick, injured, or who have been discharged from hospitals, nursing facilities, or similar facilities. Until the regulations required under subparagraph (B) take effect, amounts made available for assistance under this title shall be allocated pursuant to the formula established under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306). Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall issue regulations that establish a formula for allocation of amounts made available for assistance under this title that utilizes factors that more directly correlate to need of grantees for such amounts to address homelessness, housing instability, and cost-burdened households. In addition to citizen participation requirements under section 104(a) of such title (42 U.S.C. 5304(a)), the citizenship participation process of each grantee under the CDBG Plus Program shall solicit the active participation of homeless, housing unstable, and cost-burdened households in directing the use of assistance provided under the Program. Notwithstanding section 104(d) of such title (42 U.S.C. 5304(d)), each grantee under the CDBG Plus Program shall— certify that the activities funded with assistance provided under the program will not displace low- and moderate-income people; and take such actions as the Secretary considers necessary to inform residents of grantee community of a phone number for the Department of Housing and Urban Development which may be used to inform the Department of any such activities that may be causing the displacement of low- and moderate-income residents. The Secretary shall provide for expedited funding under the CDBG Plus program for any grantee that demonstrates that Federal property is available in the jurisdiction of the grantee that could be used to address homelessness and associated needs or housing instability but for the infrastructure needs that could be addressed through funds provided under the CDBG Plus Program. In allocating amounts for grants under the CDBG Plus Program, the Secretary shall prioritize affordable housing creation, permanent supportive housing, and supportive services utilizing a Housing First model, and other infrastructure to address basic human needs. Not less than 10 percent of all amounts made available for assistance pursuant to this section shall be used only for eligible activities relating to sustainability, resilience, water and energy efficiency and, at the Secretary’s discretion, other strategies to enhance the environmental sustainability and climate resilience of production, design, and construction of structures funded under the program under this section. Eligible activities shall include— construction that utilizes local, natural materials developed using sustainable methods that produce few or no carbon emissions; or other sustainable materials; use of sustainable appliances made in the United States, including all-electric appliances, and use of appliance, materials, and procedures that bring the structure into compliance with the Environmental Protection Agency’s WaterSense certification for efficient water use and Energy Star certification for energy-efficient appliances; construction or retrofit to build highly energy-efficient structures that produce on-site, or procure, enough carbon-free renewable energy to meet total energy consumption annually; use of renewable energy, which shall include— utility-, community-, and small-scale photovoltaic and thermal solar energy; utility- and small-scale wind energy; geothermal energy; microturbine hydroelectricity; energy efficiency; building electrification; energy storage; microgrids; and modern distribution grid infrastructure; and construction, retrofit, alternations, or repair that brings the structure into compliance with an Environmental Protection Agency or sustainable construction industry-recognized standard, including the Leadership in Energy and Environmental Design, International Green Construction Code, ASHRAE 189.1, National Green Building Standard, Green Globes, Living Building Challenge, and Building Research Establishment Environmental Assessment Method (BREEAM). In allocating amounts for grants under the program under this section, the Secretary shall prioritize applicants with a dedicated commitment to reducing and ending the penalization of homelessness and applicants that can demonstrate compliance with Center for Disease Control standards on appropriate responses to the coronavirus disease 2019 for persons experiencing unsheltered homelessness. Nothing in this section may be construed to affect or alter 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.). There is authorized to be appropriated for assistance under the CDBG Plus Program under this section, for the first fiscal year commencing after the date of the enactment of this Act and for each of the next nine succeeding fiscal years thereafter, an amount equal to the difference between $6,000,000,000 and the amount credited for such use for such fiscal year pursuant to section 301(3) of the Housing Is a Human Right Act of 2025. ECommunity Development Block Grant Plus Program 496.CDBG Plus program (a)AuthorityThe Secretary of Housing and Urban Development shall carry out a Community Development Block Grant Plus Program under this section (in this section referred to as the CDBG Plus Program) to provide assistance to units of general local government and States for activities to benefit homeless, housing unstable, or cost-burdened households, as such terms are defined in section 2 of the Housing Is a Human Right Act of 2025. (b)StructureThe CDBG Plus Program shall be carried out in the same manner and subject to the same requirements and limitations applicable to 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.), except to the extent otherwise provided— (1)by this section; or (2)by the Secretary, to account for differences between— (A)the primary objectives of such block grant program and the CDBG Plus Program (as provided in subsection (c) of this section); and (B)the primary benefit requirement of such block grant program under section 101(c) of such Act (42 U.S.C. 5301(c)) and the primary benefit requirement of the CDBG Plus Program (as provided in subsection (d) of this section). (c)Primary objectiveThe primary objective of this section and of the CDBG Plus Program of each grantee under the program shall be to reduce and end homelessness and housing instability and to reduce and prevent housing-related cost-burdens, with priority given to providing housing for low-income and extremely low-income households and for members of a population at higher risk of homelessness, as such term is defined in section 2 of the Housing Is a Human Right Act of 2025. (d)Primary benefit requirementConsistent with the primary objective under subsection (c), all of the Federal assistance provided to States and units of general local government under the CDBG Plus Program shall be used for the support of activities that benefit homeless, housing unstable, or cost-burdened households. (e)Program differencesNotwithstanding any provision of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), the CDBG Plus Program shall be subject to the following requirements: (1)Eligible activitiesNotwithstanding section 105 of such title (42 U.S.C. 5305), activities assisted under the CDBG Plus Program may include only the following activities: (A)Projects that improve compliance with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), projects that address other barriers to full community participation, integration, and access as identified by directly impacted persons with disabilities who experience homelessness or housing instability, and projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly persons and persons with disabilities, and projects that assist elderly persons to age in place. (B)The acquisition of real property (including air rights, water rights, and other interests therein), that— (i)is appropriate for rehabilitation, conservation, or construction of permanent affordable housing or transitional housing; or (ii)is being acquired by or on behalf of a group of persons who are homeless, housing unstable, or at risk of homelessness to provide housing, land, or self-determination to that group of persons. (C)The provision of public services that increase stability and housing access for persons experiencing homelessness or housing instability, including services associated with permanent supportive housing, housing search and placement support, and legal services. (D)Activities necessary to develop, implement, or evaluate a comprehensive plan to end homelessness and housing instability. (E)The rehabilitation, development, or construction of dignified and humane housing that is permanently affordable to persons earning 30 percent or less of the median income for the area in which the housing is located, including the construction and maintenance of public housing units and the creation of new forms of housing, such as tiny homes. (F)The acquisition, rehabilitation, renovation, or conversion of transitional housing, temporary shelters, and other spaces, such as hotels, motels, government-owned properties, and commercial business spaces, to address urgent safety and public health needs for persons experiencing homelessness and housing instability, except that no funds shall be granted to any projects by government units or municipalities that penalize homelessness or force or coerce persons to utilize those spaces. (G)All necessary activities to create, maintain, and offer to the public the types of infrastructure necessary to address basic human needs, including public bathrooms, water fountains, and places to sit and rest. (H)Projects that ensure access to specialized medical respite housing and associated services and supports for persons experiencing homelessness or housing instability who are sick, injured, or who have been discharged from hospitals, nursing facilities, or similar facilities.Notwithstanding any provision of title I of the Housing and Community Development Act of 1974, the construction of new affordable housing in accordance with this paragraph is specifically permitted as an eligible activity of the CDBG Plus Program. (2)Formula distribution (A)Use of existing regulationsUntil the regulations required under subparagraph (B) take effect, amounts made available for assistance under this title shall be allocated pursuant to the formula established under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306). (B)New formulaNot later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall issue regulations that establish a formula for allocation of amounts made available for assistance under this title that utilizes factors that more directly correlate to need of grantees for such amounts to address homelessness, housing instability, and cost-burdened households. (3)Citizen participation planIn addition to citizen participation requirements under section 104(a) of such title (42 U.S.C. 5304(a)), the citizenship participation process of each grantee under the CDBG Plus Program shall solicit the active participation of homeless, housing unstable, and cost-burdened households in directing the use of assistance provided under the Program. (4)Non-displacementNotwithstanding section 104(d) of such title (42 U.S.C. 5304(d)), each grantee under the CDBG Plus Program shall— (A)certify that the activities funded with assistance provided under the program will not displace low- and moderate-income people; and (B)take such actions as the Secretary considers necessary to inform residents of grantee community of a phone number for the Department of Housing and Urban Development which may be used to inform the Department of any such activities that may be causing the displacement of low- and moderate-income residents. (5)Expedited assistanceThe Secretary shall provide for expedited funding under the CDBG Plus program for any grantee that demonstrates that Federal property is available in the jurisdiction of the grantee that could be used to address homelessness and associated needs or housing instability but for the infrastructure needs that could be addressed through funds provided under the CDBG Plus Program. (6)Housing-firstIn allocating amounts for grants under the CDBG Plus Program, the Secretary shall prioritize affordable housing creation, permanent supportive housing, and supportive services utilizing a Housing First model, and other infrastructure to address basic human needs. (7)Sustainability, resilience, and water and energy efficiencyNot less than 10 percent of all amounts made available for assistance pursuant to this section shall be used only for eligible activities relating to sustainability, resilience, water and energy efficiency and, at the Secretary’s discretion, other strategies to enhance the environmental sustainability and climate resilience of production, design, and construction of structures funded under the program under this section. Eligible activities shall include— (A)construction that utilizes local, natural materials developed using sustainable methods that produce few or no carbon emissions; or other sustainable materials; (B)use of sustainable appliances made in the United States, including all-electric appliances, and use of appliance, materials, and procedures that bring the structure into compliance with the Environmental Protection Agency’s WaterSense certification for efficient water use and Energy Star certification for energy-efficient appliances; (C)construction or retrofit to build highly energy-efficient structures that produce on-site, or procure, enough carbon-free renewable energy to meet total energy consumption annually; (D)use of renewable energy, which shall include— (i)utility-, community-, and small-scale photovoltaic and thermal solar energy; (ii)utility- and small-scale wind energy; (iii)geothermal energy; (iv)microturbine hydroelectricity; (v)energy efficiency; (vi)building electrification; (vii)energy storage; (viii)microgrids; and (ix)modern distribution grid infrastructure; and (E)construction, retrofit, alternations, or repair that brings the structure into compliance with an Environmental Protection Agency or sustainable construction industry-recognized standard, including the Leadership in Energy and Environmental Design, International Green Construction Code, ASHRAE 189.1, National Green Building Standard, Green Globes, Living Building Challenge, and Building Research Establishment Environmental Assessment Method (BREEAM). (8)No penalization of homelessnessIn allocating amounts for grants under the program under this section, the Secretary shall prioritize applicants with a dedicated commitment to reducing and ending the penalization of homelessness and applicants that can demonstrate compliance with Center for Disease Control standards on appropriate responses to the coronavirus disease 2019 for persons experiencing unsheltered homelessness. (f)Rule of constructionNothing in this section may be construed to affect or alter 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.). (g)Authorization of appropriationsThere is authorized to be appropriated for assistance under the CDBG Plus Program under this section, for the first fiscal year commencing after the date of the enactment of this Act and for each of the next nine succeeding fiscal years thereafter, an amount equal to the difference between $6,000,000,000 and the amount credited for such use for such fiscal year pursuant to section 301(3) of the Housing Is a Human Right Act of 2025..

203. Use of unutilized and underutilized public buildings and real property to assist the homeless Section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411) is amended— in subsection (d)— in paragraph (1), strike 30 and insert 365; and in paragraph (2), strike 30-day and insert 365-day; in subsection (e)(2)(A), strike 75 and insert 365; and in subsection (f), by adding at the end the following new paragraph: In the case of a representative of the homeless who has received a grant under a CDBG Plus Program under section 496 of this Act, such representative shall, notwithstanding any other provision of this title, be considered eligible for conveyance of any real or personal property requested under the authority of this section or section 502 (42 U.S.C. 11412). A request by such a representative shall be expedited and shall not be subject to the review processes under such sections. It shall be the burden of the Secretary to present any reasons why the grantee should not receive the requested property, and absent extraordinary circumstances, including danger to the grantee or potential harmful environmental impact that would be impossible to mitigate, the representative of the homeless shall be presumed to qualify for the property requested. Conveyances of properties pursuant to this section shall be made deed, and not by lease, unless explicitly requested otherwise by the representative of the homeless. The Secretary shall identify and implement a process by which such grant recipients and applicants shall be— regularly notified of their eligibility status under this paragraph; notified of all lists of available properties; presumed to be eligible for transfers of property; prioritized and expedited for transfers of property; permitted to appeal to the Secretary for reconsideration; expedited access to properties; and conveyed properties pursuant to subparagraph (C). (5) (A)In the case of a representative of the homeless who has received a grant under a CDBG Plus Program under section 496 of this Act, such representative shall, notwithstanding any other provision of this title, be considered eligible for conveyance of any real or personal property requested under the authority of this section or section 502 (42 U.S.C. 11412). (B)A request by such a representative shall be expedited and shall not be subject to the review processes under such sections. It shall be the burden of the Secretary to present any reasons why the grantee should not receive the requested property, and absent extraordinary circumstances, including danger to the grantee or potential harmful environmental impact that would be impossible to mitigate, the representative of the homeless shall be presumed to qualify for the property requested. (C)Conveyances of properties pursuant to this section shall be made deed, and not by lease, unless explicitly requested otherwise by the representative of the homeless. (D)The Secretary shall identify and implement a process by which such grant recipients and applicants shall be— (i)regularly notified of their eligibility status under this paragraph; (ii)notified of all lists of available properties; (iii)presumed to be eligible for transfers of property; (iv)prioritized and expedited for transfers of property; (v)permitted to appeal to the Secretary for reconsideration; (vi)expedited access to properties; and (vii)conveyed properties pursuant to subparagraph (C)..

301. Treatment of revenue generated For each fiscal year, the Secretary of the Treasury shall determine the amount of revenues accruing to the general fund of the Treasury by reason of the enactment of title VI of this Act and shall credit an amount equal to such revenues to the Secretary of Housing and Urban Development as follows: The Secretary shall credit 40 percent of such revenues for assistance under the emergency solutions grant program authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.). The Secretary shall credit 40 percent of such revenues for assistance under the continuum of care program authorized under subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.). The Secretary shall credit 20 percent of such revenues for assistance under the Community Development Block Grant Plus Program, authorized under section 496 of the McKinney-Vento Homeless Assistance Act (as added by section 201 of this Act).

303. Continuum of care grant program There is authorized to be appropriated to the Secretary of Housing and Urban Development, for the first fiscal year commencing after the date of the enactment of this Act and each of the next nine succeeding fiscal years thereafter, to make grants under the continuum of care program authorized under subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.), an amount equal to the difference between $10,000,000,000 and the amount credited for such use for such fiscal year pursuant to section 301(2) of this Act.

306. GAO study of requirements regarding participation and involvement of homeless individuals The Comptroller General of the United States shall conduct a study to identify and analyze the extent to which— recipient service providers under the Emergency Food and Shelter Grants Program of the Federal Emergency Management Agency under subtitle B of title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11341 et seq.) comply with the provisions of the guidelines for such Program required under paragraphs (5) and (6) of section 316(a) of such Act (42 U.S.C. 11346(a); relating to involvement and participation of homeless individuals); and recipients under the Emergency Solutions Grant Program under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.) comply with the requirements under section 416(d) of such Act (42 U.S.C. 11375(d); relating to participation of homeless individuals). Not later than the expiration of the 36-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress detailing the findings of such study, including identifying the level of such compliance and any barriers to compliance with such requirements, and recommending models for compliance (including any effective specific models used by such recipients) and suggested support methods to assist recipients to comply.

401. Study of factors adversely affecting ability of homeless and housing-unstable individuals to vote The Election Assistance Commission shall conduct a study identifying and analyzing on a State-by-State basis the factors which adversely affect the ability of individuals who are homeless or who are housing-unstable to vote in elections for public office, including the implementation of the REAL ID Act, State laws requiring voters to provide ID as a condition of voting, and the penalization of homelessness. Not later than one year after the date of the enactment of this Act, the Commission shall submit to Congress and make available to the public a report on the study conducted under subsection (a), and shall include in the report recommendations to address the factors identified in the study. In this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

501. Permanent authorization Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended— in section 208 (42 U.S.C. 11318), by striking the first sentence and inserting the following: There is authorized to be appropriated for each fiscal year $10,000,000 to carry out this title.; by striking section 209 (42 U.S.C. 11319); and by redesignating sections 207 and 208 (42 U.S.C. 11317, 11318) as sections 208 and 209, respectively.

502. Functions Section 203 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313) is amended— in subsection (a)— in paragraph (12), by striking and at the end; in paragraph (13), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: rely on evidence-based practices; identify and promote successful practices, including the Housing First strategy and the permanent supportive housing model; and prioritize addressing disparities faced by members of a population at higher risk of homelessness, as such term is defined in section 2 of the Housing Is a Human Right Act of 2025, including by issuing reports and making recommendations to agencies. in subsection (b)— in paragraph (1), by inserting and after the semicolon; in paragraph (2), by striking the period at the end and inserting ; and; and by adding at the end the following new paragraph: make formal reports and recommendations to Federal agencies, which shall include comments on how proposed regulatory changes would impact persons experiencing homelessness, housing instability, or who are cost-burdened. (14)rely on evidence-based practices; (15)identify and promote successful practices, including the Housing First strategy and the permanent supportive housing model; and (16)prioritize addressing disparities faced by members of a population at higher risk of homelessness, as such term is defined in section 2 of the Housing Is a Human Right Act of 2025, including by issuing reports and making recommendations to agencies.; and (3)make formal reports and recommendations to Federal agencies, which shall include comments on how proposed regulatory changes would impact persons experiencing homelessness, housing instability, or who are cost-burdened..

503. Advisory board Title II of the McKinney-Vento Homeless Assistance Act is amended by inserting after section 206 (42 U.S.C. 11316) the following new section: There is established an advisory board for the Council. The advisory board shall be composed of not less than 20 individuals, selected by the Executive Director of the Council from nominees proposed pursuant to paragraph (2), as follows: Not less than 10 members shall be individuals who are homeless or experiencing housing instability, or were so during the 5 calendar years preceding appointment to the advisory board or who have been so in the last 5 calendar years. Not less than 8 members shall be individuals who are members of, or advocate on behalf of, or both, a population at higher risk of homelessness, as such term is defined in section 2 of the Housing Is a Human Right Act of 2025, including such transgender and gender non-conforming persons, Asian, Black, Latino, Native American, Native Hawaiian, Pacific Islander, and other communities of color, youth in or formerly in the foster care system, and justice-system involved youth and adults. Nominees for members of the advisory board shall be proposed by any grantee or subgrantee under this Act. Upon selection of members of the advisory board, the Executive Director of the Council shall submit a report to the Congress identifying the members selected and demonstration compliance with the provisions of this subsection. Members of the advisory board shall serve terms of 2 years. The advisory board shall review the work of the Council, make recommendations regarding how the Council can most effectively pursue the goal of ending homelessness, and raise specific points of concern with members of the Council who represent Federal agencies. The advisory board shall meet in person not less often than twice each year. The Council shall meet regularly not less often than once a year with the advisory board and shall provide timely written responses to recommendations, proposals, and concerns issued by the advisory board. The position of Chairman of the advisory board shall be filled by an individual who is a current or former member of the advisory board, is nominated by at least two members of the advisory board, and is confirmed by a vote of not less than 75 percent of the members of the advisory board. Each member of the advisory board shall receive compensation for their participation including a participation stipend in an amount determined by the Council and travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. The agencies implementing this Act shall construe this Act in a manner that facilitates and encourage the full participation of advisory board members and shall consider the barriers faced by persons experiencing homelessness and shall endeavor to overcome such barriers to participation. Section 202(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11312(a)) is amended— by redesignating paragraph (22) as paragraph (21); and by adding at the end the following new paragraph: The chairman of the advisory board established by section 207. 207.Advisory board (a)EstablishmentThere is established an advisory board for the Council. (b)Membership (1)SelectionThe advisory board shall be composed of not less than 20 individuals, selected by the Executive Director of the Council from nominees proposed pursuant to paragraph (2), as follows: (A)Not less than 10 members shall be individuals who are homeless or experiencing housing instability, or were so during the 5 calendar years preceding appointment to the advisory board or who have been so in the last 5 calendar years. (B)Not less than 8 members shall be individuals who are members of, or advocate on behalf of, or both, a population at higher risk of homelessness, as such term is defined in section 2 of the Housing Is a Human Right Act of 2025, including such transgender and gender non-conforming persons, Asian, Black, Latino, Native American, Native Hawaiian, Pacific Islander, and other communities of color, youth in or formerly in the foster care system, and justice-system involved youth and adults. (2)NominationNominees for members of the advisory board shall be proposed by any grantee or subgrantee under this Act. (3)ReportUpon selection of members of the advisory board, the Executive Director of the Council shall submit a report to the Congress identifying the members selected and demonstration compliance with the provisions of this subsection. (4)TermsMembers of the advisory board shall serve terms of 2 years. (c)FunctionsThe advisory board shall review the work of the Council, make recommendations regarding how the Council can most effectively pursue the goal of ending homelessness, and raise specific points of concern with members of the Council who represent Federal agencies. (d)MeetingsThe advisory board shall meet in person not less often than twice each year. (e)Council meetingsThe Council shall meet regularly not less often than once a year with the advisory board and shall provide timely written responses to recommendations, proposals, and concerns issued by the advisory board. (f)ChairmanThe position of Chairman of the advisory board shall be filled by an individual who is a current or former member of the advisory board, is nominated by at least two members of the advisory board, and is confirmed by a vote of not less than 75 percent of the members of the advisory board. (g)CompensationEach member of the advisory board shall receive compensation for their participation including a participation stipend in an amount determined by the Council and travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h)Rule of constructionThe agencies implementing this Act shall construe this Act in a manner that facilitates and encourage the full participation of advisory board members and shall consider the barriers faced by persons experiencing homelessness and shall endeavor to overcome such barriers to participation.. (22)The chairman of the advisory board established by section 207..

207. Advisory board There is established an advisory board for the Council. The advisory board shall be composed of not less than 20 individuals, selected by the Executive Director of the Council from nominees proposed pursuant to paragraph (2), as follows: Not less than 10 members shall be individuals who are homeless or experiencing housing instability, or were so during the 5 calendar years preceding appointment to the advisory board or who have been so in the last 5 calendar years. Not less than 8 members shall be individuals who are members of, or advocate on behalf of, or both, a population at higher risk of homelessness, as such term is defined in section 2 of the Housing Is a Human Right Act of 2025, including such transgender and gender non-conforming persons, Asian, Black, Latino, Native American, Native Hawaiian, Pacific Islander, and other communities of color, youth in or formerly in the foster care system, and justice-system involved youth and adults. Nominees for members of the advisory board shall be proposed by any grantee or subgrantee under this Act. Upon selection of members of the advisory board, the Executive Director of the Council shall submit a report to the Congress identifying the members selected and demonstration compliance with the provisions of this subsection. Members of the advisory board shall serve terms of 2 years. The advisory board shall review the work of the Council, make recommendations regarding how the Council can most effectively pursue the goal of ending homelessness, and raise specific points of concern with members of the Council who represent Federal agencies. The advisory board shall meet in person not less often than twice each year. The Council shall meet regularly not less often than once a year with the advisory board and shall provide timely written responses to recommendations, proposals, and concerns issued by the advisory board. The position of Chairman of the advisory board shall be filled by an individual who is a current or former member of the advisory board, is nominated by at least two members of the advisory board, and is confirmed by a vote of not less than 75 percent of the members of the advisory board. Each member of the advisory board shall receive compensation for their participation including a participation stipend in an amount determined by the Council and travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. The agencies implementing this Act shall construe this Act in a manner that facilitates and encourage the full participation of advisory board members and shall consider the barriers faced by persons experiencing homelessness and shall endeavor to overcome such barriers to participation.

504. Director Subsection (a) of section 204 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11314(a)) is amended— by striking (a) Director.—The Council shall appoint an Executive Director, who shall be and inserting the following: The chief executive officer of the Council shall be the Executive Director, who shall be appointed in accordance with paragraph (2) and by adding at the end the following new paragraph: A vacancy in the position of Executive Director shall be filled by an individual nominated and appointed to such position by the Council, except that the Council may not appoint any nominee who is not confirmed by approval of 75 percent of the aggregate of all members of the Council and the advisory board under section 207 pursuant to an election in which each such member’s vote is given identical weight. If the Council is unable to agree on an Executive Director, the chairperson of the advisory council shall act as interim Executive Director. (a)Director (1)In generalThe chief executive officer of the Council shall be the Executive Director, who shall be appointed in accordance with paragraph (2) and; and (2)Process for appointmentA vacancy in the position of Executive Director shall be filled by an individual nominated and appointed to such position by the Council, except that the Council may not appoint any nominee who is not confirmed by approval of 75 percent of the aggregate of all members of the Council and the advisory board under section 207 pursuant to an election in which each such member’s vote is given identical weight. If the Council is unable to agree on an Executive Director, the chairperson of the advisory council shall act as interim Executive Director..

505. Conforming amendment The table of contents in section 101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking the items relating to sections 209 and 210 and inserting the following: Sec. 209. Encouragement of State involvement..

601. Amendments to the tax code Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: There is hereby imposed on the sale or exchange of real property a tax equal to 5 percent of the amount realized from such sale or exchange. The tax imposed by this section shall not apply to a sale or exchange of property unless the amount realized from such sale or exchange (or from a series of related sales or exchanges of which such property is a part) is at least $10,000,000. The tax imposed by this section shall be paid ½ by the transferor and ½ by the transferee. In the case of property transferred to a tax exempt entity, or a State or local government (or political subdivision thereof), the tax imposed by this section shall be zero. In the case of property transferred by a tax-exempt entity, or a State or local government (or political subdivision thereof), the tax imposed by this section shall be paid by the transferee. For purposes of this section, the term tax-exempt entity means any organization which is exempt from the tax imposed by this chapter unless such property is used predominantly in an unrelated trade or business the income of which is subject to tax under section 511. The Secretary shall prescribe such rules as may be necessary or appropriate to prevent avoidance of the purposes of this section. In the case of a sale or exchange of real property to or from an applicable anonymous entity, there is hereby imposed on such transfer a tax equal to $10 for each $100 realized on such sale or exchange. For purposes of this section, the term applicable anonymous entity means any entity or trust the beneficial owners of which are not available by freely accessible public records. The term beneficial owner means, with respect to any entity, an individual who has any ownership interest in the entity and— exercises control over the entity, owns equity interest in such entity, or receives substantial economic benefits from such entity (other than in connection with employment). Paragraph (1) shall not apply to any entity that participates in the legal entity identifier program. In the case of any persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, subparagraph (A) shall only apply if each such person so treated participates in the legal entity identifier program. Each applicable anonymous entity who transfers or receives property in a sale or exchange to which this section applies shall be jointly and severally liable for payment of the tax imposed by this section. If such an applicable anonymous entity is a member of a controlled group, each member of such controlled group shall be jointly and severally liable for such payment. In the case of a covered landlord, there is hereby imposed on the rental of a dwelling unit a tax equal to 1 percent of the amount of the rent paid for such dwelling unit. For purposes of this section, the term covered landlord means any person that owns— more than 1,000 dwelling units held for rent within a single metropolitan statistical area, more than 2,000 dwelling units held for rent, or at least 500 dwelling units held for rent in at least 3 different States. Subsection (a) shall not apply to any dwelling unit subject to a rent control, just cause, or source of income discrimination law. For purposes of this subsection— The term rent control law means any State or local law which restricts the amount by which a lessor may increase rental payments for a dwelling unit and allows an affirmative defense to eviction or private right of enforcement. A law shall not be treated as a rent control law with respect to any dwelling unit for purposes of this paragraph unless the lessor of such dwelling unit may not, when the lease with respect to such unit expires, increase monthly rent by an amount greater than the percentage increase, if any, over the preceding 12 months in the Consumer Price Index for All Urban Consumers or 3 percent of the average monthly amount paid for the same unit for each month that the unit was occupied during the previous 12-month period, whichever is greater. The term just cause law means any State or local law which at least restricts a lessor from evicting lessee by limiting evictions to instances in which— the tenant has— failed to pay rent for 2 or more consecutive months despite clear and timely notice, caused substantial destruction to the rental property, caused significant danger to other tenants, or significantly and repeatedly violated an explicit lease term and failed to cure the violation after being given notice requesting that the lease term violation be cured, or the landlord seeks to occupy the unit for use as a primary residence, or seeks the availability of the unit for occupancy by an immediate relative as a primary residence. The term source of income discrimination law means a State or local law which places restrictions on a lessor from rejecting lessee applicants, or to evicting an existing lessee, due to the lessee’s source of income. For purposes of subparagraph (A), source of income includes the following: A housing voucher under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) and any form of Federal, State, or local housing assistance provided to a family or provided to a housing owner on behalf of a family, including rental vouchers, rental assistance, and rental subsidies from nongovernmental organizations. Any income received during a taxable year as Social Security benefits, as defined in section 86(d) of the Internal Revenue Code of 1986, or as supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). Any income received by court order, including spousal support and child support. Any payment from a trust, guardian, or conservator. Any other lawful source of income. All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person for purposes of applying subsection (b). The amendment made by this section shall apply to sales and exchanges after December 31, 2025. 50BReal property-related taxes Sec. 5000E–1. Luxury real property transfers. Sec. 5000E–2. Real property secrecy transfer tax. Sec. 5000E–3. Mass landlord rental tax. 5000E–1.Luxury real property transfers (a)In generalThere is hereby imposed on the sale or exchange of real property a tax equal to 5 percent of the amount realized from such sale or exchange. (b)LimitationThe tax imposed by this section shall not apply to a sale or exchange of property unless the amount realized from such sale or exchange (or from a series of related sales or exchanges of which such property is a part) is at least $10,000,000. (c)Liability for tax (1)In generalThe tax imposed by this section shall be paid ½ by the transferor and ½ by the transferee. (2)Exceptions (A)Property transferred to tax-exemptIn the case of property transferred to a tax exempt entity, or a State or local government (or political subdivision thereof), the tax imposed by this section shall be zero. (B)Property transferred by tax-exemptIn the case of property transferred by a tax-exempt entity, or a State or local government (or political subdivision thereof), the tax imposed by this section shall be paid by the transferee. (C)Tax exempt entityFor purposes of this section, the term tax-exempt entity means any organization which is exempt from the tax imposed by this chapter unless such property is used predominantly in an unrelated trade or business the income of which is subject to tax under section 511. (d)RegulationsThe Secretary shall prescribe such rules as may be necessary or appropriate to prevent avoidance of the purposes of this section. 5000E–2.Real property secrecy transfer tax (a)In generalIn the case of a sale or exchange of real property to or from an applicable anonymous entity, there is hereby imposed on such transfer a tax equal to $10 for each $100 realized on such sale or exchange. (b)Applicable anonymous taxpayer (1)In generalFor purposes of this section, the term applicable anonymous entity means any entity or trust the beneficial owners of which are not available by freely accessible public records. (2)Beneficial ownerThe term beneficial owner means, with respect to any entity, an individual who has any ownership interest in the entity and— (A)exercises control over the entity, (B)owns equity interest in such entity, or (C)receives substantial economic benefits from such entity (other than in connection with employment). (3)Special rule for entities registered in global legal identifier program (A)In generalParagraph (1) shall not apply to any entity that participates in the legal entity identifier program. (B)Controlled groupsIn the case of any persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, subparagraph (A) shall only apply if each such person so treated participates in the legal entity identifier program. (c)Liability for tax (1)In generalEach applicable anonymous entity who transfers or receives property in a sale or exchange to which this section applies shall be jointly and severally liable for payment of the tax imposed by this section. (2)Members of controlled groupIf such an applicable anonymous entity is a member of a controlled group, each member of such controlled group shall be jointly and severally liable for such payment. 5000E–3.Mass landlord rental tax (a)In generalIn the case of a covered landlord, there is hereby imposed on the rental of a dwelling unit a tax equal to 1 percent of the amount of the rent paid for such dwelling unit. (b)Covered landlordFor purposes of this section, the term covered landlord means any person that owns— (1)more than 1,000 dwelling units held for rent within a single metropolitan statistical area, (2)more than 2,000 dwelling units held for rent, or (3)at least 500 dwelling units held for rent in at least 3 different States. (c)Exceptions (1)In generalSubsection (a) shall not apply to any dwelling unit subject to a rent control, just cause, or source of income discrimination law. (2)Rent control lawFor purposes of this subsection— (A)In generalThe term rent control law means any State or local law which restricts the amount by which a lessor may increase rental payments for a dwelling unit and allows an affirmative defense to eviction or private right of enforcement. (B)Minimum amount level of rent controlA law shall not be treated as a rent control law with respect to any dwelling unit for purposes of this paragraph unless the lessor of such dwelling unit may not, when the lease with respect to such unit expires, increase monthly rent by an amount greater than the percentage increase, if any, over the preceding 12 months in the Consumer Price Index for All Urban Consumers or 3 percent of the average monthly amount paid for the same unit for each month that the unit was occupied during the previous 12-month period, whichever is greater. (3)Just cause lawThe term just cause law means any State or local law which at least restricts a lessor from evicting lessee by limiting evictions to instances in which— (A)the tenant has— (i)failed to pay rent for 2 or more consecutive months despite clear and timely notice, (ii)caused substantial destruction to the rental property, (iii)caused significant danger to other tenants, or (iv)significantly and repeatedly violated an explicit lease term and failed to cure the violation after being given notice requesting that the lease term violation be cured, or (B)the landlord seeks to occupy the unit for use as a primary residence, or seeks the availability of the unit for occupancy by an immediate relative as a primary residence. (4)Source of income discrimination law (A)In generalThe term source of income discrimination law means a State or local law which places restrictions on a lessor from rejecting lessee applicants, or to evicting an existing lessee, due to the lessee’s source of income. (B)Source of incomeFor purposes of subparagraph (A), source of income includes the following: (i)A housing voucher under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) and any form of Federal, State, or local housing assistance provided to a family or provided to a housing owner on behalf of a family, including rental vouchers, rental assistance, and rental subsidies from nongovernmental organizations. (ii)Any income received during a taxable year as Social Security benefits, as defined in section 86(d) of the Internal Revenue Code of 1986, or as supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (iii)Any income received by court order, including spousal support and child support. (iv)Any payment from a trust, guardian, or conservator. (v)Any other lawful source of income. (d)Aggregation rulesAll persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person for purposes of applying subsection (b)..

5000E–1. Luxury real property transfers There is hereby imposed on the sale or exchange of real property a tax equal to 5 percent of the amount realized from such sale or exchange. The tax imposed by this section shall not apply to a sale or exchange of property unless the amount realized from such sale or exchange (or from a series of related sales or exchanges of which such property is a part) is at least $10,000,000. The tax imposed by this section shall be paid ½ by the transferor and ½ by the transferee. In the case of property transferred to a tax exempt entity, or a State or local government (or political subdivision thereof), the tax imposed by this section shall be zero. In the case of property transferred by a tax-exempt entity, or a State or local government (or political subdivision thereof), the tax imposed by this section shall be paid by the transferee. For purposes of this section, the term tax-exempt entity means any organization which is exempt from the tax imposed by this chapter unless such property is used predominantly in an unrelated trade or business the income of which is subject to tax under section 511. The Secretary shall prescribe such rules as may be necessary or appropriate to prevent avoidance of the purposes of this section.

5000E–2. Real property secrecy transfer tax In the case of a sale or exchange of real property to or from an applicable anonymous entity, there is hereby imposed on such transfer a tax equal to $10 for each $100 realized on such sale or exchange. For purposes of this section, the term applicable anonymous entity means any entity or trust the beneficial owners of which are not available by freely accessible public records. The term beneficial owner means, with respect to any entity, an individual who has any ownership interest in the entity and— exercises control over the entity, owns equity interest in such entity, or receives substantial economic benefits from such entity (other than in connection with employment). Paragraph (1) shall not apply to any entity that participates in the legal entity identifier program. In the case of any persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, subparagraph (A) shall only apply if each such person so treated participates in the legal entity identifier program. Each applicable anonymous entity who transfers or receives property in a sale or exchange to which this section applies shall be jointly and severally liable for payment of the tax imposed by this section. If such an applicable anonymous entity is a member of a controlled group, each member of such controlled group shall be jointly and severally liable for such payment.

5000E–3. Mass landlord rental tax In the case of a covered landlord, there is hereby imposed on the rental of a dwelling unit a tax equal to 1 percent of the amount of the rent paid for such dwelling unit. For purposes of this section, the term covered landlord means any person that owns— more than 1,000 dwelling units held for rent within a single metropolitan statistical area, more than 2,000 dwelling units held for rent, or at least 500 dwelling units held for rent in at least 3 different States. Subsection (a) shall not apply to any dwelling unit subject to a rent control, just cause, or source of income discrimination law. For purposes of this subsection— The term rent control law means any State or local law which restricts the amount by which a lessor may increase rental payments for a dwelling unit and allows an affirmative defense to eviction or private right of enforcement. A law shall not be treated as a rent control law with respect to any dwelling unit for purposes of this paragraph unless the lessor of such dwelling unit may not, when the lease with respect to such unit expires, increase monthly rent by an amount greater than the percentage increase, if any, over the preceding 12 months in the Consumer Price Index for All Urban Consumers or 3 percent of the average monthly amount paid for the same unit for each month that the unit was occupied during the previous 12-month period, whichever is greater. The term just cause law means any State or local law which at least restricts a lessor from evicting lessee by limiting evictions to instances in which— the tenant has— failed to pay rent for 2 or more consecutive months despite clear and timely notice, caused substantial destruction to the rental property, caused significant danger to other tenants, or significantly and repeatedly violated an explicit lease term and failed to cure the violation after being given notice requesting that the lease term violation be cured, or the landlord seeks to occupy the unit for use as a primary residence, or seeks the availability of the unit for occupancy by an immediate relative as a primary residence. The term source of income discrimination law means a State or local law which places restrictions on a lessor from rejecting lessee applicants, or to evicting an existing lessee, due to the lessee’s source of income. For purposes of subparagraph (A), source of income includes the following: A housing voucher under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) and any form of Federal, State, or local housing assistance provided to a family or provided to a housing owner on behalf of a family, including rental vouchers, rental assistance, and rental subsidies from nongovernmental organizations. Any income received during a taxable year as Social Security benefits, as defined in section 86(d) of the Internal Revenue Code of 1986, or as supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). Any income received by court order, including spousal support and child support. Any payment from a trust, guardian, or conservator. Any other lawful source of income. All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person for purposes of applying subsection (b).