H.R. 4457 — Housing Is a Human Right Act of 2025

This section authorizes the Attorney General 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.

This section requires entities seeking grants under this title to submit to the Attorney General an application containing (1) an assurance of a policy protecting employees, persons served, and communities from discrimination under civil rights laws, including on the basis of gender-related identity, appearance, mannerisms, or other gender-related characteristics regardless of designated sex at birth; and, for nonprofits, (2) a demonstration of proven history either successfully engaging populations experiencing homelessness or housing instability (including those at higher risk) or assisting communities to pursue alternatives to penalizing homelessness.

This section specifies allowable uses for grants under this title, including (1) creating or expanding diversion programs—such as law enforcement assisted diversion programs—with a focus on reducing racial disparities in law enforcement and prosecution, harm reduction, collaboration with community-based trauma-informed organizations, pre-arrest diversion developed in consultation with persons experiencing homelessness or housing instability and relevant providers, and primarily serving homeless or at-risk populations; (2) providing technical support to jurisdictions for reducing penalization of homelessness, including procedures to safeguard personal property of such persons, pre-booking diversion protocols for related offenses, and replacing penalizing statutes, regulations, or policies with Housing First and permanent supportive housing alternatives; and (3) creating, supporting, expanding, or studying mobile crisis intervention teams trained to provide stabilization services as an alternative to law enforcement responses, incorporating healthcare and mental health professionals, addiction counselors, housing specialists, and related providers.

This section authorizes appropriations of $100 million annually for the first fiscal year after enactment and each of the next nine fiscal years to carry out this title.

This section establishes the Community Development Block Grant Plus (CDBG Plus) Program, administered by the Secretary of Housing and Urban Development to provide assistance to states and units of general local government for activities benefiting homeless, housing unstable, or cost-burdened households, as defined in the Housing Is a Human Right Act of 2025. (As background, the program operates in the same manner as the Community Development Block Grant (CDBG) program—i.e., formula block grants primarily benefiting specified households—except that its primary objective is to reduce and end homelessness and housing instability with priority for low-income and extremely low-income households and those at higher risk of homelessness; all funds must benefit homeless, housing unstable, or cost-burdened households; and eligible activities are limited to the following: (1) projects improving Americans with Disabilities Act compliance, addressing barriers identified by impacted persons with disabilities, removing architectural barriers, or assisting elderly to age in place; (2) acquiring real property for permanent or transitional affordable housing or by/for homeless groups; (3) public services increasing stability and housing access (e.g., permanent supportive housing, housing search, legal services); (4) developing, implementing, or evaluating plans to end homelessness and housing instability; (5) rehabilitating, developing, or constructing permanently affordable housing for households earning 30% or less of area median income (including public housing and tiny homes); (6) acquiring, rehabilitating, or converting properties into transitional housing or shelters (excluding projects penalizing homelessness); (7) infrastructure for basic needs (e.g., public bathrooms, water fountains); and (8) medical respite housing and services. Thus, new construction of affordable housing is authorized notwithstanding CDBG restrictions.) Allocations initially follow the existing CDBG formula under 42 U.S.C. 5306, with a new formula to be developed within 12 months.

This section authorizes the Institute of Museum and Library Services (IMLS) to award competitive grants to municipal, county, and State library administrative agencies for subgrants to public libraries, school libraries, and public law school libraries to carry out pilot programs creating or expanding projects and services primarily addressing the needs of homeless and housing-unstable persons. Grants and subgrants prioritize proposals integrating with existing federal or state programs serving homeless persons, housing-unstable individuals, and cost-burdened households; subgrant awards consider the proposed number of libraries and homeless persons served. IMLS may consult with the Department of Housing and Urban Development or the Interagency Council on Homelessness on fund disbursement, and grantees must report annually on progress. The section authorizes $10 million for the first fiscal year after enactment and each of the next nine fiscal years.

This section amends the process for using federal unutilized and underutilized public buildings and real property to assist the homeless under Section 501 of the McKinney-Vento Homeless Assistance Act by (1) extending the deadline for the Secretary of Housing and Urban Development (HUD) to publish in the Federal Register a list of suitable properties after receiving agency responses to 365 days (from 30 days); (2) extending the application period for such properties to a 365-day period (from 30 days); and (3) extending HUD's selection period after applications to 365 days (from 75 days). The section further establishes special eligibility and expedited conveyance procedures in subsection (f)(5) for representatives of the homeless who have received grants under the CDBG Plus Program (under section 496 of the Act). Such representatives are presumed eligible for property conveyance by deed (unless they request a lease), with requests exempt from standard review processes, the burden on HUD to justify denial absent extraordinary circumstances (e.g., danger to grantee or unmitigable environmental harm), and HUD required to implement a process for regular notifications of eligibility and available properties, presumptive and prioritized eligibility, expedited access and transfers, appeals, and deed conveyances.

This section directs the Secretary of the Treasury, for each fiscal year, to credit to the Secretary of Housing and Urban Development (HUD) an amount equal to revenues accruing to the general fund of the Treasury from the enactment of title VI of this Act, allocated as follows: (1) 40% for assistance under the Emergency Solutions Grants program (i.e., rapid re-housing, emergency shelter, and homelessness prevention) authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.); (2) 40% for assistance under the Continuum of Care program (i.e., permanent supportive housing and services for the homeless) authorized under subtitle C of title IV of such Act (42 U.S.C. 11381 et seq.); and (3) 20% for assistance under the Community Development Block Grant Plus Program authorized under section 496 of such Act (as added by section 201 of this Act).

This section authorizes appropriations to HUD of up to $10 billion annually for the Emergency Solutions Grant (ESG) program—under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, which funds emergency shelter, rapid re-housing, homeless prevention, and related services—for the first fiscal year after enactment and the next nine fiscal years, reduced by amounts credited for such use pursuant to section 301(1) of this Act.

This section authorizes appropriations to the Secretary of Housing and Urban Development of up to $10 billion annually for the first fiscal year after enactment and each of the next nine fiscal years for grants under the Continuum of Care program (i.e., competitive grants to public and private entities to provide housing and services to assist homeless individuals and families) authorized under subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.). The amount authorized for each fiscal year equals $10 billion minus the amount credited for such use pursuant to section 301(2) of this Act.

This section authorizes $1 billion annually for FYs following enactment through the 10th succeeding fiscal year for emergency food and shelter grants under the Emergency Food and Shelter Program (EFSP) of the McKinney-Vento Homeless Assistance Act (i.e., grants to local governments and nonprofits for immediate assistance such as food, shelter, and prevention activities for people experiencing or at risk of homelessness). It also (1) revises EFSP National Board membership to at least 8 appointed members plus the FEMA Director (from 6 members), with 4 appointed from the 6 specified national organizations and at least 4 from organizations representing populations at higher risk of homelessness as identified by the FEMA Director in consultation with the U.S. Interagency Council on Homelessness; (2) expands eligible activities to include hygiene items; rehabilitation of existing facilities for safety, sanitation, and code compliance; flexible temporary shelter access; construction and maintenance of new safe shelters including tiny homes; and supports such as shelter, transitional housing, and medical respite for elderly, disabled, ill/injured, or recently discharged homeless or housing-unstable individuals; (3) requires the distribution formula to consider regional variations in housing costs, cost of living, homelessness and housing instability rates, and income inequality; (4) requires the National Board and local boards to adopt, and service providers to comply with, a nondiscrimination policy prohibiting discrimination based on classes protected under federal law and explicitly on gender-related identity, appearance, mannerisms, or characteristics regardless of sex assigned at birth; (5) directs the GAO to study the EFSP allocation formula and submit recommendations to Congress within 12 months of enactment; and (6) directs the GAO to study recipient compliance with homeless participation guidelines and submit findings and recommendations within 24 months of enactment.

This section establishes eligibility requirements for recipients of assistance under this Act. For governmental units, it (1) waives non-Federal matching funds requirements if the unit demonstrates use of a Housing First strategy, plans to cease penalizing homelessness and address bias against high-risk populations, facilitates issuance of identification documents, ensures voting access for homeless persons, and implements property-handling procedures (i.e., three days' notice before moving or disposal, 30-day safeguarding of non-trash items, and easy retrieval); and (2) prohibits assistance unless the unit is not enforcing laws criminalizing sleeping outside on public property and has due process protections for homeless persons' property. For non-governmental entities, it requires procedures for community input on serving homeless and housing-unstable individuals and, for entities receiving over $1 million annually, training of relevant personnel in harm reduction, de-escalation, trauma-informed care, implicit bias, cultural competency, and disability rights. For all entities, it requires a written non-discrimination policy prohibiting discrimination based on federally protected classes and gender-related identity or characteristics.

This section directs the Government Accountability Office (GAO) to study the extent of compliance by recipients and service providers under the Emergency Food and Shelter Program (EFSP, 42 U.S.C. 11341 et seq.) with guidelines requiring involvement of homeless individuals and families (42 U.S.C. 11346(a)(5)-(6)) and by recipients under the Emergency Solutions Grants (ESG) program (42 U.S.C. 11371 et seq.) with comparable participation requirements (42 U.S.C. 11375(d)). GAO must submit a report to Congress within 36 months of enactment detailing compliance levels, barriers, recommended compliance models, and support methods.

This section directs the Election Assistance Commission to conduct a state-by-state study of factors adversely affecting the ability of homeless and housing-unstable individuals to vote in public elections, including REAL ID Act implementation, state voter ID requirements, and penalization of homelessness. The Commission must submit a report to Congress with recommendations within one year of enactment and make it publicly available.

This section establishes a grant program under the Election Assistance Commission (EAC) to provide funds to eligible nonprofit corporations and units of local government for programs and activities facilitating voting by homeless or housing-unstable individuals. Eligible applicants must submit applications to the EAC, with nonprofits required to certify a non-discrimination policy protecting against discrimination based on federal categories plus gender-related identity, appearance, mannerisms, or other characteristics regardless of designated sex at birth. In selecting nonprofits, the EAC must prioritize those with a proven history of (1) working with homeless, housing-unstable, and cost-burdened households; (2) encouraging civic participation; (3) including such households in leadership and decision-making; or (4) engaging at-risk populations such as LGBTQ persons, foster youth, communities of color, low-income older adults, persons with disabilities, justice-system-involved persons, and immigrants. The section authorizes $5 million for the first fiscal year after enactment and each of the next nine fiscal years.

This section provides a permanent authorization of $10 million for each fiscal year to carry out Title II of the McKinney-Vento Homeless Assistance Act (i.e., activities of the United States Interagency Council on Homelessness); strikes the prior authorization provision (sec. 209); and makes conforming redesignations of sections 207 and 208 as sections 208 and 209, respectively. (Thus, the council—which coordinates the federal response to homelessness across agencies—receives ongoing annual funding authority.)

This section amends the duties of the United States Interagency Council on Homelessness by adding requirements to (1) rely on evidence-based practices; (2) identify and promote successful practices, including the Housing First strategy (i.e., prioritizing rapid placement in permanent housing without preconditions or service barriers) and the permanent supportive housing model (i.e., long-term community-based housing combined with flexible, voluntary supportive services); and (3) prioritize addressing disparities faced by members of populations at higher risk of homelessness, as defined in section 2 of the Housing Is a Human Right Act of 2025, including by issuing reports and making recommendations to agencies. The section further directs the council to make formal reports and recommendations to federal agencies, including comments on how proposed regulatory changes would impact persons experiencing homelessness, housing instability, or who are cost-burdened.

This section establishes an advisory board to the United States Interagency Council on Homelessness (USICH)—which coordinates the federal response to homelessness—with not less than 20 members selected by the USICH Executive Director from nominees by grantees and subgrantees under the McKinney-Vento Homeless Assistance Act. Membership requires (1) at least 10 individuals who have been homeless or experienced housing instability in the last five calendar years and (2) at least eight individuals who are members of or advocates for populations at higher risk of homelessness (per the Housing Is a Human Right Act of 2025), including 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 foster care; and justice-system involved youth and adults. Members serve two-year terms; the board reviews USICH activities, advises on ending homelessness, and raises concerns with federal agency representatives; it meets in person at least twice yearly, and USICH must meet with it at least annually and respond in writing to its recommendations. The board chair—selected by nomination of at least two members and 75% vote—is compensated with a stipend set by USICH plus travel expenses (per 5 U.S.C. §§5702-5703), and agencies must facilitate homeless members' participation. This section also adds the advisory board chair as a member of USICH (redesignating former paragraph (22) as (21)).

This section revises the appointment and related authorities for the Executive Director of the United States Interagency Council on Homelessness (USICH)—which coordinates the federal response to homelessness—by (1) designating the Executive Director as the Council's chief executive officer; (2) eliminating the compensation limit at level V of the Executive Schedule and the requirement to appoint at the Council's first meeting; and (3) requiring any nominee to receive nomination and appointment by the Council plus confirmation by 75% of the aggregate members of the Council and advisory board under section 207 (with equal voting weight), with the advisory council chairperson serving as interim Executive Director if no agreement is reached.

This section amends the table of contents for the McKinney-Vento Homeless Assistance Act by striking the items relating to sections 209 and 210 and inserting a new item for section 209 titled "Encouragement of State involvement."

This section adds a new chapter 50B to Subtitle D of the Internal Revenue Code of 1986 establishing three new taxes. First, it imposes a 5% tax on the sale or exchange of real property realizing at least $10 million (split equally between transferor and transferee), with exceptions reducing the tax to zero for transfers to tax-exempt entities or state/local governments and shifting full liability to the transferee for transfers by such entities. Second, it imposes a tax equal to $10 for each $100 realized on sales or exchanges of real property to or from an applicable anonymous entity (i.e., an entity or trust whose beneficial owners are not identified in freely accessible public records, excluding participants in the legal entity identifier program), with joint and several liability on the entity (and controlled group members). Third, it imposes a 1% tax on rent paid for dwelling units owned by a covered landlord (i.e., owning more than 1,000 units for rent in a single metropolitan statistical area, more than 2,000 units total, or at least 500 units in at least three states), excluding units subject to state or local rent control laws (limiting annual increases to CPI or 3% of prior average, whichever greater), just cause eviction laws, or source of income discrimination laws.