IN THE SENATE OF THE UNITED STATES
February 2, 2022
Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs
To require owners of covered federally assisted rental dwelling units to install temperature sensors in such units, and for other purposes.
This Act may be cited as the
Housing Temperature Safety Act of 2022.
In this Act:
The term assistance—
means any grant, loan, subsidy, contract, cooperative agreement, or other form of financial assistance; and
does not include the insurance or guarantee of a loan, mortgage, or pool of loans or mortgages.
Covered federally assisted rental dwelling unit
The term covered federally assisted rental dwelling unit means a residential dwelling unit that is made available for rental and for which assistance is provided, or that is part of a housing project for which assistance is provided, under—
the public housing program under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.);
the programs for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), including—
the program for project-based rental assistance; and
the program for tenant-based rental assistance;
the AIDS Housing Opportunities program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);
the program for supportive housing for the elderly under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or
the programs under sections 514, 515, and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486).
The term owner means, with respect to a covered federally assisted rental dwelling unit, any private person or entity, including a cooperative, an agency of the Federal Government, or a public housing agency, having the legal right to lease or sublease the dwelling unit.
The term Secretary means the Secretary of Housing and Urban Development.
The term temperature sensor means an internet capable temperature reporting device able to track the ambient air temperature to the tenth degree Fahrenheit and Celsius.
Installation and maintenance
Not later than 1 year after the date of enactment of this Act, each owner of a covered federally assisted rental dwelling unit shall ensure that each temperature sensor in the covered federally assisted rental dwelling unit is installed and maintained in accordance with the rule issued by the Secretary under paragraph (2) on each level of the covered federally assisted rental dwelling unit.
Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a rule that establishes standards and requirements for the installation and maintenance of temperature sensors in covered federally assisted rental dwelling units.
Each owner of a covered federally assisted rental dwelling unit shall, 6 times each day, collect data from temperature sensors installed pursuant to subsection (b), which shall include—
the temperature recorded during each temperature reading; and
the time and date of each temperature reading.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish guidance with respect to—
the collection of temperature sensor data by owners of covered federally assisted rental dwelling units, including the protection of personally identifiable information;
the retention of the data described in subparagraph (A) by owners of covered federally assisted rental dwelling units for not less than 2 years; and
the reporting of the data described in subparagraph (A) to the Secretary unless a tenant of the covered federally assisted dwelling unit has opted out of having that data reported by the owner to the Secretary.
Not later than 1 year after the date of the enactment of this Act, and each year thereafter, the Secretary shall submit to Congress a report that—
describes the status of the implementation of subsection (b), and includes—
the percentage of covered federally assisted dwelling units without a temperature sensor pursuant to subsection (b);
the percentage of temperature sensors that have been installed by owners of covered federally assisted dwelling units; and
the number of fatalities that occurred due to fire, hypothermia, heat exhaustion, and other temperature-related causes in covered federally assisted dwelling units and whether a temperature sensor was present in the dwelling unit; and
discloses the results of data collection instituted by the Secretary before the date of enactment of this Act to determine the prevalence of temperature sensors in covered federally assisted dwelling units.
Relation to State law
Rule of construction
Nothing in this section shall be construed to annul, alter, or affect, or exempt any person subject to the provisions of this section from complying with, the laws of any State with respect to installing or maintaining temperature sensors, except to the extent that those laws are inconsistent with any provision of this section, and then only to the extent of the inconsistency.
Determination of inconsistencies
The Secretary is authorized to determine whether the inconsistencies described in paragraph (1) exist and may not determine that any State law is inconsistent with any provision of this section if the Secretary determines that the State law provides for greater protection or safety.
Authorization of appropriations
There is authorized to be appropriated such sums as are necessary to carry out this Act.