U.S. House Financial Services Committee Proposes One-for-One Public Housing Unit Replacement Legislation

In 2010 the Shriver Center continued its advocacy with the U.S. House Financial Services Committee, chaired by Rep. Barney Frank (D-MA), to restore the one-for-one replacement requirement for demolished or disposed of public housing units.  The one-for-one replacement requirement was repealed in 1996 and has resulted in the permanent loss of over 100,000 public housing units.   Working with other advocates from the Housing Justice Network, the Shriver Center proposed language to the committee for introduction in the U.S. House. 

In April, Rep. Maxine Waters (D-CA) proposed legislation requiring one-for-one replacement of lost public housing units.  A public hearing was held on April 28, where HUD Assistant Secretary for Public and Indian Housing Sandra B. Henriques testified, along with industry and public housing groups, and tenant organizations.  Key features of the proposed legislation, entitled the “Public Housing One-for-One Replacement and Tenant Protection Act of 2010,” include:

• One-for-One Replacement.  Each public housing unit lost after January 1, 2005 must be replaced on a one-for-one basis with newly-constructed, rehabilitated or purchased unit—including through project-based assistance—that is subject to  “requirements” that are “consistent” with public housing requirements.
• Location of Replacement Units.  At least 1/3 of demolished units must be built on the site of the demolished public housing units unless to do so would violate a consent decree or be environmentally unsafe. The remaining units must be located in low poverty areas in the jurisdiction of the public housing authority in a manner that furthers economic and educational opportunities for residents.
• Maintain Rights of Public Housing Residents.  Provides that tenants occupying replacement housing units shall have all the rights of public housing residents under the U.S. Housing Act.
• Right to Return.  Allows any person who occupied a public housing unit and whose right of occupancy had not been validly terminated is eligible to occupy a replacement housing unit without rescreening.
  

While the committee did not adopt all of the recommendations of the Housing Justice Network and the Shriver Center, the bill as drafted would be a clear improvement over present practice.  While awaiting formal introduction of the bill, continued advocacy will focus on the following issues:

• All replacement units should be rental units.
• The location of replacement units should be expanded to include the neighborhoods adjacent to the original public housing development and should allow more than 1/3 of the replacement units to be provided to public housing residents if more than 1/3 wish to return to the site or the neighborhood.
• All off-site housing should be made available prior to any resident relocation.
• Housing mobility counseling should be provided to those residents who wish to move to low-poverty and non-racially impacted neighborhoods throughout the metropolitan area.