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H.R. 746IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 5 · H.R. 746

Housing

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(a) Restrictions on use of assisted housing Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended— (1) in subsection (a)— (A) in paragraph (3), by striking or pursuant to the granting of asylum (which has not been terminated) under section 208 of such Act (8 U.S.C. 1158); (B) by striking paragraphs (4) and (5); and (C) by redesignating paragraphs (6) and (7) as paragraphs (4) and (5), respectively; (2) in subsection (b), by striking paragraph (2) and inserting the following: (2) The Secretary shall not provide financial assistance to a family unless the eligibility of each member of the family has been affirmatively established under the program of financial assistance and under this section.; (3) in subsection (c)(1)— (A) by striking shall take one of the following actions and all that follows through Defer the termination and inserting shall defer the termination; (B) by inserting (A) before If, following completion; (C) by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively, and moving the margins 2 ems to the left; (D) in subparagraph (B), as so redesignated, by striking clause (iii), any deferral under this subparagraph and inserting subparagraph (C), any deferral under this paragraph; and (E) in subparagraph (C), as so redesignated— (i) by striking clause (ii) and inserting subparagraph (B); and (ii) by striking or an individual seeking asylum under section 208 of that Act; (4) in subsection (i)— (A) in paragraph (1), by striking at least the individual or one family member and inserting the individual or each family member; (B) in paragraph (2)— (i) by striking United States Housing Act of 1937)— and all that follows through in carrying out subsection (d) and inserting United States Housing Act of 1937), in carrying out subsection (d); and (ii) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; and (5) by adding at the end the following: (j) Prohibition on eligibility guidelines The applicable Secretary shall not issue any guidelines relating to eligibility for financial assistance under this section.. (b) Single family housing guaranteed loan program Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the end the following: (j) Eligibility (1) In general The Secretary shall make a loan under this section only to— (A) a citizen of the United States; or (B) an occupant or resident of a housing unit that does not include— (i) any alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) who is unlawfully present in the United States; (ii) any alien granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158); (iii) any alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1126(a)(2)(B)); (iv) any alien granted temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a); (v) any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012; and (vi) any alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)). (2) Prohibition on eligibility guidelines The Secretary shall not issue any guidelines relating to eligibility under paragraph (1) for a loan under this section.. (c) Removal of Attorney General discretion to exempt housing programs from PRWORA Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.) is amended— (1) in section 401(b)(1)(D) (8 U.S.C. 1611(b)(1)(D)), by striking, crisis counseling and intervention, and short-term shelter) and inserting and crisis counseling and intervention), excluding housing programs, services, or assistance,; and (2) in section 411(b)(4) (8 U.S.C. 1621(b)(4)), by striking, crisis counseling and intervention, and short-term shelter) and inserting and crisis counseling and intervention), excluding housing programs, services, or assistance, (d) Low-Income housing credit eligibility (1) In general Paragraph (3) of section 42(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Disqualified individuals (i) In general A unit shall not be treated as a low-income unit if such unit is occupied by any disqualified individual. (ii) Disqualified individual The term disqualified individual means— (I) any alien (as defined in section 101(a) of the Immigration and Nationality Act) who is unlawfully present in the United States, (II) any alien granted asylum under section 208 of the Immigration and Nationality Act, (III) any alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act, (IV) any alien granted temporary protected status under section 244 of the Immigration and Nationality Act, (V) any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012, and (VI) any alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act.. (2) Effective date The amendment made by this subsection shall apply to all determinations made after the date of the enactment of this Act.

Sec. 5: Housing · Public Law Tracker