Housing choice voucher tenant organizations

Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following: (23) Right to organize (A) In general A tenant— (i) has the right to establish, operate, and participate in a legitimate tenant organization for the purpose of addressing issues related to their living environment, which includes— (I) the terms and conditions of their tenancy; and (II) activities related to housing and community development; (ii) has the right to speak to the public, including media, elected officials, and government agencies with respect to their right to decent, safe, and sanitary housing in compliance with relevant housing codes, fair housing statutes, and any other requirements; and (iii) may not be retaliated against for asserting such rights. (B) Required engagement (i) Public Housing Agencies Each public housing agency shall— (I) recognize legitimate tenant organizations; (II) give reasonable consideration to concerns raised by legitimate tenant organizations; (III) solicit feedback from any legitimate tenant organization within the public housing agency, including— (aa) if a public housing agency is required to complete an annual public housing agency plan, feedback with respect to the plan; or (bb) if a public housing agency has an exemption under section 5(b)(3), soliciting feedback not less than once each year; (IV) after receiving feedback from a legitimate tenant organization— (aa) except as provided in item (bb), meaningfully respond in writing to such comment not later than 60 days after receiving such feedback; and (bb) with respect to exigent poor housing conditions, respond in writing to the feedback not later than 30 days after receiving such feedback; and (V) seek resident advisory board appointments from legitimate tenant organizations. (ii) Owners of units Each owner shall— (I) recognize legitimate tenant organizations; (II) give reasonable consideration to concerns raised by legitimate tenant organizations; and (III) allow tenant organizers to assist tenants in the establishment and operation of legitimate tenant organizations. (C) Protections (i) In general Each public housing agency and each owner may not— (I) interfere with the right of any tenant to establish and operate a legitimate tenant organization; and (II) retaliate against any tenant or tenant organizer because of their association with or participation in activities related to a legitimate tenant organization. (ii) Protected activities Each public housing agency, each owner, and agents thereof shall permit tenants and tenant organizers to conduct the following activities related to the establishment or operation of a legitimate tenant organization: (I) Distributing leaflets in lobby areas. (II) Placing leaflets at or under doors of tenants. (III) Distributing leaflets in common areas. (IV) Initiating contact with tenants. (V) Conducting door-to-door surveys of tenants to ascertain interest in establishing a legitimate tenant organization and to offer information about tenant organizations. (VI) Posting information on bulletin boards. (VII) Assisting tenants with participation in tenant organization activities. (VIII) Convening regularly scheduled tenant organization meetings in a space on-site and accessible to tenants, in a manner that is fully independent of representatives of the public housing agency or the owner, unless invited by the tenant organization to specific meetings to discuss a specific issue or issues. (IX) Assisting tenants in— (aa) creating a resident advisory board or resident council; and (bb) appointing tenants to serve on a resident advisory board or resident council. (X) Speaking to the public, including the media, elected officials, and government agencies. (XI) Formulating a response to a request by the owner or public housing agency for approval of rent increases or other discretionary decisions affecting residents. (XII) Other reasonable activities related to the establishment or operation of a legitimate tenant organization. (iii) Permission A public housing agency or owner may not require tenants or tenant organizers to obtain prior permission before engaging in the activities permitted under this paragraph. (iv) Presumption If a public housing agency or owner takes an adverse action against a tenant or tenant organizer that is a member of a legitimate tenant organization during the 180-day period beginning on the date on which the tenant engages in a protected activity under this subparagraph, there shall be a rebuttable presumption that the adverse action is an act of retaliation relating to the participation of the tenant in the tenant organization. (D) Notice of right to organize Each public housing agency shall notify each tenant of the rights described under this paragraph. (E) Prohibition on interference and retaliation Each public housing agency and each owner may not— (i) interfere with the right of tenants to establish and operate a legitimate tenant organization; or (ii) retaliate against any tenant or tenant organizer because of their association with or participation in activities related to a legitimate tenant organization. (F) Meeting spaces (i) In general Each public housing agency and owner shall make available the use of any community room or other available space appropriate for meetings within the building or project when requested by a legitimate tenant organization and used for activities related to the establishment or operation of a legitimate tenant organization. (ii) Accessibility If the building or project has an accessible common area or areas, such facilities shall reasonably be made available for legitimate tenant organization meetings to ensure such meetings are accessible to persons with disabilities, unless it is impractical for reasons beyond the control of the public housing agency or owner. (iii) Fees An owner of a building or project may charge a reasonable, customary, and usual fee, as may normally be imposed for the use of such facilities. (G) Definitions In this paragraph: (i) Adverse action The term adverse action means, in response to a tenant’s exercise of rights described in this paragraph— (I) the termination or non-renewal of a lease; (II) the termination of assistance under this section; (III) a decrease or delay in services provided to the tenant by the owner or public housing agency; (IV) an unplanned increase of rent or fees; (V) the threat or initiation of a lawsuit against a lessee; (VI) a violation of tenant privacy; or (VII) the harassment of a tenant or tenant organizers. (ii) Legitimate tenant organization The term legitimate tenant organization means, in a building or project with 3 or more families receiving assistance under this section, an organization that— (I) meets regularly and operates democratically; (II) is representative of all tenants in the building or project; (III) is completely independent from a public housing agency, owner, landlord, management of the building or development, and any representatives of such entities; (IV) has been established for the purpose described in subparagraph (A); and (V) includes newly formed resident organizing committees, which do not require specific structures, written by-laws, elections, or resident petitions. (iii) Tenant The term tenant means a family or any member of a family that receives assistance under this section. (iv) Tenant organizer (I) In general The term tenant organizer means an individual who— (aa) assists tenants in establishing and operating a legitimate tenant organization; and (bb) is not an employee or representative of current or prospective owners or agents or the owners. (II) Building policies (aa) Policy against canvassing If a building or project has consistently enforced a written policy against canvassing, any tenant organizer who is not a tenant shall be accompanied by a tenant while on the property of the building or project. (bb) Policy in favor of canvassing If a building or project has a written policy favoring canvassing, any tenant organizer who is not a tenant shall be afforded the same privileges and rights of access as any other uninvited outside parties in the normal course of operations of the building or project. (cc) No policy on canvassing If a building or project does not have a consistently enforced, written policy against canvassing, the building or project shall be treated as if it has a policy favoring canvassing..