Rent Emergencies Leave Impacts on Evicted Families Act or the RELIEF Act
This bill generally revises housing protections established in response to the COVID-19 (i.e., coronavirus disease 2019) pandemic, including by expanding protections for renters and mortgage holders, providing consumer protections regarding credit reports and utility access, and increasing oversight regarding housing protections. Among other things, the bill
The bill also generally revises bankruptcy provisions, including by excluding COVID-19 aid from property subject to bankruptcy proceedings.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4519 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4519
To provide mortgage relief and to provide eviction relief for renters
related to the COVID-19 pandemic, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 10, 2020
Ms. Harris introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide mortgage relief and to provide eviction relief for renters
related to the COVID-19 pandemic, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rent Emergencies Leave Impacts on
Evicted Families Act'' or the ``RELIEF Act''.
SEC. 2. MORTGAGE RELIEF.
(a) Short Title.--This section may be cited as the ``COVID-19
Mortgage Relief Act''.
(b) Mortgage Relief.--
(1) Forbearance and foreclosure moratorium for covered
mortgage loans.--Section 4022 of the CARES Act (15 U.S.C. 9056)
is amended--
(A) by striking ``Federally backed mortgage loan''
each place such term appears and inserting ``covered
mortgage loan''; and
(B) in subsection (a)--
(i) by amending paragraph (2) to read as
follows:
``(2) Covered mortgage loan.--The term `covered mortgage
loan'--
``(A) means any credit transaction that is secured
by a mortgage, deed of trust, or other equivalent
consensual security interest on--
``(i) a 1- to 4-unit dwelling or on
residential real property that includes a 1- to
4-unit dwelling;
``(ii) a manufactured home; or
``(iii) a covered recreational vehicle; and
``(B) does not include a credit transaction under
an open end credit plan other than a reverse
mortgage.''; and
(ii) by adding at the end the following:
``(3) Covered period.--The term `covered period' means the
12-month period beginning on the date of enactment of this Act.
``(4) Covered recreational vehicle.--The term ```covered
recreational vehicle''' means a recreational vehicle that is--
``(A) rented or leased to a tenant by the owner;
and
``(B) occupied by the tenant as the residence of
the tenant.
``(5) Manufactured home.--The term `manufactured home' has
the meaning given the term in section 603 of the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5402).''.
(2) Automatic forbearance for delinquent borrowers.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)) is amended
by inserting after paragraph (8), as added by paragraph (5) of
this subsection, the following:
``(9) Automatic forbearance for delinquent borrowers.--
``(A) In general.--Notwithstanding any other law
governing forbearance relief--
``(i) any borrower whose covered mortgage
loan became 60 days delinquent between March
13, 2020, and the date of enactment of this
paragraph, and who has not already received a
forbearance under subsection (b), shall
automatically be granted a 60-day forbearance
that begins on the date of enactment of this
paragraph, provided that a borrower shall not
be considered delinquent for purposes of this
paragraph while making timely payments or
otherwise performing under a trial modification
or other loss mitigation agreement; and
``(ii) any borrower whose covered mortgage
loan becomes 60 days delinquent between the
date of enactment of this paragraph and the end
of the covered period, and who has not already
received a forbearance under subsection (b),
shall automatically be granted a 60-day
forbearance that begins on the 60th day of
delinquency, provided that a borrower shall not
be considered delinquent for purposes of this
paragraph while making timely payments or
otherwise performing under a trial modification
or other loss mitigation agreement.
``(B) Initial extension.--An automatic forbearance
provided under subparagraph (A) shall be extended for
up to an additional 120 days upon the request of the
borrower, oral or written, submitted to the servicer of
the borrower affirming that the borrower is
experiencing a financial hardship that prevents the
borrower from making timely payments on the covered
mortgage loan due, directly or indirectly, to the
COVID-19 emergency.
``(C) Subsequent extension.--A forbearance extended
under subparagraph (B) shall be extended for up to an
additional 180 days, up to a maximum of 360 days
(including the period of automatic forbearance), upon
the borrower's request, oral or written, submitted to
the borrower's servicer affirming that the borrower is
experiencing a financial hardship that prevents the
borrower from making timely payments on the covered
mortgage loan due, directly or indirectly, to the
COVID-19 emergency.
``(D) Right to elect to continue making payments.--
``(i) In general.--With respect to a
forbearance provided under this paragraph, the
borrower of the covered mortgage loan may elect
to continue making regular payments on the
covered mortgage loan.
``(ii) Loss mitigation.--A borrower who
makes an election described in clause (i) shall
be offered a loss mitigation option pursuant to
subsection (d) within 30 days of resuming
regular payments to address any payment
deficiency during the forbearance.
``(E) Right to shorten forbearance.--
``(i) In general.--At the request of a
borrower, any period of forbearance provided to
the borrower under this paragraph may be
shortened.
``(ii) Loss mitigation.--A borrower who
makes a request under clause (i) shall be
offered a loss mitigation option pursuant to
subsection (d) within 30 days of resuming
regular payments to address any payment
deficiency during the forbearance.
``(10) Automatic forbearance for certain reverse mortgage
loans.--
``(A) In general.--When any covered mortgage loan
that is also a federally insured reverse mortgage loan,
during the covered period, is due and payable due to
the death of the last borrower or end of a deferral
period or eligible to be called due and payable due to
a property charge default, or if the borrower defaults
on a property charge repayment plan, or if the borrower
defaults for failure to complete property repairs, or
if an obligation of the borrower under the Security
Instrument is not performed, the mortgagee
automatically shall be granted a 6-month extension of--
``(i) the mortgagee's deadline to request
due and payable status from the Department of
Housing and Urban Development;
``(ii) the mortgagee's deadline to send
notification to the mortgagor or his or her
heirs that the loan is due and payable;
``(iii) the deadline to initiate
foreclosure;
``(iv) any reasonable diligence period
related to foreclosure or the Mortgagee
Optional Election;
``(v) if applicable, the deadline to obtain
the due and payable appraisal; and
``(vi) any claim submission deadline,
including the 6-month acquired property
marketing period.
``(B) Forbearance period.--The mortgagee shall not
request due and payable status from the Secretary of
Housing and Urban Development nor initiate foreclosure
during this 6-month period described in subparagraph
(A), which shall be considered a forbearance period.
``(C) Extension.--A forbearance provided under
subparagraph (B) and related deadline extension
authorized under subparagraph (A) shall be extended for
an additional 180 days upon--
``(i) the request of the borrower, oral or
written, submitted to the servicer o the
borrower affirming that the borrower is
experiencing a financial hardship that prevents
the borrower from making payments on property
charges, completing property repairs, or
performing an obligation of the borrower under
the Security Instrument due, directly or
indirectly, to the COVID-19 emergency;
``(ii) the request of a non-borrowing
spouse, oral or written, submitted to the
servicer affirming that the non-borrowing
spouse has been unable to satisfy all criteria
for the Mortgagee Optional Election program
due, directly or indirectly, to the COVID-19
emergency, or to perform all actions necessary
to become an eligible non-borrowing spouse
following the death of all borrowers; or
``(iii) the request of a successor-in-
interest of the borrower, oral or written,
submitted to the servicer affirming the
difficulty of the heir in satisfying the
reverse mortgage loan due, directly or
indirectly, to the COVID-19 emergency.
``(D) Curtailment of debenture interest.--Where any
covered mortgage loan that is also a federally insured
reverse mortgage loan is in default during the covered
period and subject to a prior event which provides for
curtailment of debenture interest in connection with a
claim for insurance benefits, the curtailment of
debenture interest shall be suspended during any
forbearance period provided herein.''.
(3) Additional foreclosure and repossession protections.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)) is
amended--
(A) in paragraph (2), by striking ``may not
initiate any judicial or non-judicial foreclosure
process, move for a foreclosure judgment or order of
sale, or execute a foreclosure-related eviction or
foreclosure sale for not less than the 60-day period
beginning on March 18, 2020'' and inserting ``may not
initiate or proceed with any judicial or non-judicial
foreclosure process, schedule a foreclosure sale, move
for a foreclosure judgment or order of sale, execute a
foreclosure related eviction or foreclosure sale for 6
months after the date of enactment of the COVID-19
Mortgage Relief Act''; and
(B) by adding at the end the following:
``(3) Repossession moratorium.--In the case of personal
property, including any recreational or motor vehicle, used as
a dwelling, no person may use any judicial or non-judicial
procedure to repossess or otherwise take possession of the
property for the 6-month period beginning on the date of
enactment of this paragraph.''.
(4) Mortgage forbearance reforms.--Section 4022 of the
CARES Act (15 U.S.C. 9056) is amended--
(A) in subsection (b), by striking paragraphs (1),
(2), and (3) and inserting the following:
``(1) In general.--During the covered period, a borrower
with a covered mortgage loan who has not obtained automatic
forbearance pursuant to this section and who is experiencing a
financial hardship that prevents the borrower from making
timely payments on the covered mortgage loan due, directly or
indirectly, to the COVID-19 emergency may request forbearance
on the covered mortgage loan, regardless of delinquency status,
by--
``(A) submitting a request, orally or in writing,
to the servicer of the covered mortgage loan; and
``(B) affirming that the borrower is experiencing a
financial hardship that prevents the borrower from
making timely payments on the covered mortgage loan
due, directly or indirectly, to the COVID-19 emergency.
``(2) Duration of forbearance.--
``(A) In general.--Upon a request by a borrower to
a servicer for forbearance under paragraph (1), the
forbearance shall be granted by the servicer for the
period requested by the borrower, up to an initial
length not more than 180 days, the length of which
shall be extended by the servicer, at the request of
the borrower for the period or periods requested, for a
total forbearance period of not more than 12 months.
``(B) Minimum forbearance amounts.--For purposes of
granting a forbearance under this paragraph, a servicer
may grant an initial forbearance with a term of not
less than 90 days, provided that it is automatically
extended for an additional 90 days unless the servicer
confirms the borrower does not want to renew the
forbearance or that the borrower is no longer
experiencing a financial hardship that prevents the
borrower from making timely mortgage payments due,
directly or indirectly, to the COVID-19 emergency.
``(C) Right to shorten forbearance.--
``(i) In general.--At the request of a
borrower, any period of forbearance described
under this paragraph may be shortened.
``(ii) Loss mitigation.--A borrower who
makes a request under clause (i) shall be
offered a loss mitigation option pursuant to
subsection (d) within 30 days of resuming
regular payments to address any payment
deficiency during the forbearance.
``(3) Accrual of interest or fees.--A servicer shall not
charge a borrower any fees, penalties, or interest (beyond the
amounts scheduled or calculated as if the borrower made all
contractual payments on time and in full under the terms of the
mortgage contract) in connection with a forbearance, provided
that a servicer may offer the borrower a modification option at
the end of a forbearance period granted hereunder that includes
the capitalization of past due principal and interest and
escrow payments as long as the principal and interest payment
of the borrower under such modification remains at or below the
contractual principal and interest payments owed under the
terms of the mortgage contract before such forbearance period
except as the result of a change in the index of an adjustable
rate mortgage.
``(4) Communication with servicers.--Any communication
between a borrower and a servicer described in this section may
be made in writing or orally, at the election of the borrower.
``(5) Communication with borrowers with a disability.--
``(A) In general.--Upon request from a borrower,
servicers shall communicate with borrowers who have a
disability in the preferred method of communication of
the borrower.
``(B) Definition.--In this paragraph, the term
`disability' has the meaning given the term--
``(i) `handicap' in section 802 of the Fair
Housing Act (42 U.S.C. 3602);
``(ii) in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102); or
``(iii) section 7 of the Rehabilitation Act
of 1973 (29 U.S.C. 705.''; and
(B) in subsection (c), by amending paragraph (1) to
read as follows:
``(1) No documentation required.--A servicer of a covered
mortgage loan shall not require any documentation with respect
to a forbearance under this section other than the oral or
written affirmation of the borrower to a financial hardship
that prevents the borrower from making timely payments on the
covered mortgage loan due, directly or indirectly, to the
COVID-19 emergency. An oral request for forbearance and oral
affirmation of hardship by the borrower shall be sufficient for
the borrower to obtain or extend a forbearance.''.
(5) Other servicer requirements during forbearance.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as
amended by paragraph (3) of this subsection, is amended by
adding at the end the following:
``(4) Forbearance terms notice.--Within 30 days of a
servicer of a covered mortgage loan providing forbearance to a
borrower under subsection (b) or paragraph (9) or (10), or 10
days if the forbearance is for a term of less than 60 days, but
only where the forbearance was provided in response to a
request by the borrower for forbearance or when an automatic
forbearance was initially provided under paragraph (9) or (10),
and not when an existing forbearance is automatically extended,
the servicer shall provide the borrower with a notice in
accordance with the terms in paragraph (5).
``(5) Contents of notice.--The written notice required
under paragraph (4) shall state in plain language--
``(A) the specific terms of the forbearance;
``(B) the beginning and ending dates of the
forbearance;
``(C) that the borrower is eligible for not more
than 12 months of forbearance;
``(D) that the borrower may request an extension of
the forbearance unless the borrower will have reached
the maximum period at the end of the forbearance;
``(E) that the borrower may request that the
initial or extended period be shortened at any time;
``(F) that the borrower should contact the servicer
before the end of the forbearance period;
``(G) a description of the loss mitigation options
that may be available to the borrower at the end of the
forbearance period based on the specific covered
mortgage loan of the borrower;
``(H) information on how to find a housing
counseling agency approved by the Department of Housing
and Urban Development;
``(I) in the case of a forbearance provided
pursuant to paragraph (9) or (10), that the forbearance
was automatically provided and how to contact the
servicer to make arrangements for further assistance,
including any renewal; and
``(J) where applicable, that the forbearance is
subject to an automatic extension, including the terms
of any such automatic extensions and when any further
extension would require a borrower request.
``(6) Treatment of escrow accounts.--During any forbearance
provided under this section, a servicer shall pay or advance
funds to make disbursements in a timely manner from any escrow
account established on the covered mortgage loan.
``(7) Notification for borrowers.--During the period
beginning on the date that is 90 days after the date of the
enactment of this paragraph and ending on the last day of the
covered period, each servicer of a covered mortgage loan shall
be required to--
``(A) make available in a clear and conspicuous
manner on their web page accurate information, in
English and in the top 10 most widely spoken languages
used by limited English proficient borrowers, for
borrowers regarding the availability of forbearance as
provided under subsection (b); and
``(B) notify every borrower whose payments on a
covered mortgage loan are delinquent in any oral
communication with or to the borrower that the borrower
may be eligible to request forbearance as provided
under subsection (b), except that such notice shall not
be required if the borrower already has requested
forbearance under subsection (b).
``(8) Certain treatment under respa.--As long as a payment
of a borrower on a covered mortgage loan was not more than 30
days delinquent on March 13, 2020, a servicer may not deem the
borrower as delinquent while a forbearance granted under
subsection (b) is in effect for purposes of the application of
sections 6 and 10 of the Real Estate Settlement Procedures Act
(12 U.S.C. 2605, 2609) and any applicable regulations.''.
(6) Post-forbearance loss mitigation.--
(A) Amendment to cares act.--Section 4022 of the
CARES Act (15 U.S.C. 9056) is amended by adding at the
end the following:
``(d) Post-Forbearance Loss Mitigation.--
``(1) Notice of availability of additional forbearance.--
With respect to any covered mortgage loan as to which
forbearance under this section has been granted and not
otherwise extended, including by automatic extension, a
servicer shall, not later than 30 days before the end of the
forbearance period, in writing, notify the borrower that
additional forbearance may be available and how to request such
forbearance, except that no such notice is required where the
borrower already has requested an extension of the forbearance
period, is subject to automatic extension pursuant to
subsection (b)(2)(B), or no additional forbearance is
available.
``(2) Loss mitigation offer before expiration of
forbearance.--Not later than 30 days before the end of any
forbearance period that has not been extended or 30 days after
a request by a consumer to terminate the forbearance, which
time shall be before the servicer initiates or engages in any
foreclosure activity listed in subsection (c)(2), including
incurring or charging to a borrower any fees or corporate
advances related to a foreclosure, the servicer shall, in
writing--
``(A) offer the borrower a loss mitigation option,
without the charging of any fees or penalties other
than interest, such that the principal and interest
payment of the borrower remains the same as it was
prior to the forbearance, subject to any adjustment of
the index pursuant to the terms of an adjustable rate
mortgage, and that--
``(i) defers the payment of total
arrearages, including any escrow advances, to
the end of the existing term of the loan,
without the charging or collection of any
additional interest on the deferred amounts; or
``(ii) extends the term of the mortgage
loan, and capitalizes, defers, or forgives all
escrow advances and other arrearages,
provided, however, that the servicer may offer the
borrower a loss mitigation option that reduces the
principal and interest payment on the loan and
capitalizes, defers, or forgives all escrow advances or
arrearages if the servicer has information indicating
that the borrower cannot resume the pre-forbearance
mortgage payments; and
``(B) concurrent with the loss mitigation offer in
subparagraph (A), notify the borrower that the borrower
has the right to be evaluated for other loss mitigation
options if the borrower is not able to make the payment
under the option offered in subparagraph (A).
``(3) Evaluation for loss mitigation prior to foreclosure
initiation.--Before a servicer may initiate or engage in any
foreclosure activity listed in subsection (c)(2), including
incurring or charging to a borrower any fees or corporate
advances related to a foreclosure on the basis that the
borrower has failed to perform under the loss mitigation offer
in paragraph (2)(A) within the first 90 days after the option
is offered, including a failure to accept the loss mitigation
offer in paragraph (2)(A), the servicer shall--
``(A) unless the borrower has already submitted a
complete application that the servicer is reviewing--
``(i) notify the borrower in writing of the
documents and information, if any, needed by
the servicer to enable the servicer to consider
the borrower for all available loss mitigation
options; and
``(ii) exercise reasonable diligence to
obtain the documents and information needed to
complete the loss mitigation application of the
borrower; and
``(B) upon receipt of a complete application or if,
despite the exercise by the servicer of reasonable
diligence, the loss mitigation application remains
incomplete 60 days after the notice in paragraph (2)(A)
is sent--
``(i) conduct an evaluation of the complete
or incomplete loss mitigation application
without reference to whether the borrower has
previously submitted a complete loss mitigation
application; and
``(ii) offer the borrower all available
loss mitigation options for which the borrower
qualifies under applicable investor guidelines,
including guidelines regarding required
documentation.
``(4) Effect on future requests for loss mitigation
review.--An application, offer, or evaluation for loss
mitigation under this section shall not be the basis for the
denial of an application of a borrower as duplicative or for a
reduction in the appeal rights of the borrower under Regulation
X in part 1024 of title 12, Code of Federal Regulations, in
regard to any loss mitigation application submitted after the
servicer has complied with the requirements of paragraphs (2)
and (3).
``(5) Safe harbor.--Any loss mitigation option authorized
by the Federal National Mortgage Association, the Federal Home
Loan Corporation, or the Federal Housing Administration shall
be deemed to comply with the requirements of paragraph (1)(B)
if the loss mitigation option--
``(A) defers the payment of total arrearages,
including any escrow advances, to the end of the
existing term of the loan, without the charging or
collection of any additional interest on the deferred
amounts; or
``(B) extends the term of the mortgage loan, and
capitalizes, defers, or forgives all escrow advances
and other arrearages, without the charging of any fees
or penalties beyond interest on any amount capitalized
into the loan principal.
``(6) Home retention options for certain reverse mortgage
loans.--
``(A) In general.--For a covered mortgage loan that
is also a federally insured reverse mortgage loan, the
conduct of a servicer shall be deemed to comply with
this section, provided that if the loan is eligible to
be called due and payable due to a property charge
default, the mortgagee shall, as a precondition to
sending a due and payable request to the Secretary or
initiating or continuing a foreclosure process--
``(i) make a good faith effort to
communicate with the borrower regarding
available home retention options to cure the
property charge default, including encouraging
the borrower to apply for home retention
options; and
``(ii) consider the borrower for all
available home retention options as allowed by
the Secretary.
``(B) Permissible repayment plans.--The Secretary
shall amend the allowable home retention options of the
Secretary to permit a repayment plan of not more than
120 months in length, and to permit a repayment plan
without regard to prior defaults on repayment plans.
``(C) Limitation on interest curtailment.--The
Secretary may not curtail interest paid to mortgagees
who engage in loss mitigation or home retention actions
through interest curtailment during such loss
mitigation or home retention review or during the
period when a loss mitigation or home retention plan is
in effect and ending 90 days after any such plan
terminates.''.
(B) Amendment to housing act of 1949.--Section 505
of the Housing Act of 1949 (42 U.S.C. 1475) is
amended--
(i) by striking the section heading and
inserting ``loss mitigation and foreclosure
procedures'';
(ii) in subsection (a), by striking the
section designation and all that follows
through ``During any'' and inserting the
following:
``Sec. 505. (a) Moratorium.--(1) In determining the eligibility of
a borrower for relief eligibility for relief, the Secretary shall make
all eligibility decisions based on the household income, expenses, and
circumstances of the borrower.
``(2) During any'';
(iii) by redesignating subsection (b) as
subsection (c); and
(iv) by inserting after subsection (a) the
following:
``(b) Loan Modification.--(1) Notwithstanding any other provision
of this title, for any loan made under section 502 or 504, the
Secretary may modify the interest rate and extend the term of such loan
for up to 30 years from the date of such modification.
``(2) At the end of any moratorium period granted under this
section or under the COVID-19 Mortgage Relief Act, the Secretary shall
determine whether the borrower can reasonably resume making principal
and interest payments after the Secretary modifies the loan obligation
of the borrower obligations in accordance with paragraph (1).''.
(7) Multifamily mortgage forbearance.--Section 4023 of the
CARES Act (15 U.S.C. 9057) is amended--
(A) in the section heading, by striking ``federally
backed loans'';
(B) by striking ``Federally backed multifamily
mortgage loan'' each place that term appears and
inserting ``multifamily mortgage loan'';
(C) in subsection (b), by striking ``during'' and
inserting ``due, directly or indirectly, to'';
(D) in subsection (c)(1)--
(i) in subparagraph (A), by adding ``and''
at the end; and
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) provide the forbearance for up to the end of
the period described in section 4024(b).'';
(E) by redesignating subsection (f) as subsection
(g);
(F) by inserting after subsection (e) the
following:
``(f) Treatment After Forbearance.--
``(1) In general.--With respect to a multifamily mortgage
loan provided a forbearance under this section, the servicer of
the loan--
``(A) shall provide the borrower with a 12-month
period beginning at the end of the forbearance to
become current on the payments under the loan;
``(B) may not charge any late fees, penalties, or
other charges with respect to payments on the loan that
were due during the forbearance period, if the payments
are made before the end of the 12-month period; and
``(C) may not report any adverse information to a
credit rating agency (as defined in section 603 of the
Fair Credit Reporting Act (12 U.S.C. 1681a)) with
respect to any payments on the loan that were due
during the forbearance period, if the payments are made
before the end of the 12-month period.
``(2) Penalty.--A violation of paragraph (1)(C) shall be
treated as a violation of the Fair Credit Reporting Act (15
U.S.C. 1601 et seq.) for purposes of subsections (a) and (b) of
section 621 of that Act (15 U.S.C. 1681s) (relating to
administrative enforcement by Federal agencies).''; and
(G) in subsection (g), as so redesignated--
(i) in paragraph (2)--
(I) in the paragraph heading, by
striking ``Federally backed
multifamily'' and inserting
``Multifamily'';
(II) by striking ``that--'' and all
that follows through ``(A) is secured
by'' and inserting ``that is secured
by'';
(III) by striking ``; and'' and
inserting a period; and
(IV) by striking subparagraph (B);
and
(ii) by amending paragraph (5) to read as
follows:
``(5) Covered period.--The term `covered period' has the
meaning given the term in section 4022(a)(3).''.
(8) Renter protections during forbearance period.--A
borrower that receives a forbearance pursuant to section 4022
or 4023 of the CARES Act (15 U.S.C. 9056 or 9057) may not, for
the duration of the forbearance--
(A) evict, initiate, or file and execute the
eviction of a tenant solely for nonpayment of rent or
other fees or charges; or
(B) charge any late fees, penalties, or other
charges to a tenant for late payment of rent.
(9) Extension of gse patch.--
(A) Non-applicability of existing sunset.--Section
1026.43(e)(4)(iii)(B) of title 12, Code of Federal
Regulations, shall have no force or effect.
(B) Extended sunset.--The special rules in section
1026.43(e)(4) of title 12, Code of Federal Regulations,
shall apply to covered transactions consummated prior
to June 1, 2022, or such later date as the Director of
the Bureau of Consumer Financial Protection may
determine, by rule.
(10) Servicer safe harbor from investor liability.--
(A) Safe harbor.--
(i) In general.--A servicer of covered
mortgage loans or multifamily mortgage loans--
(I) shall be deemed not to have
violated any duty or contractual
obligation owed to investors or other
parties regarding those mortgage loans
on account of offering or implementing
in good faith forbearance during the
covered period or offering or
implementing in good faith post-
forbearance loss mitigation (including
after the expiration of the covered
period) in accordance with the terms of
sections 4022 and 4023 of the CARES Act
(15 U.S.C. 9056, 9057) to borrowers,
respectively, on covered or multifamily
mortgage loans that the servicer
services; and
(II) shall not be liable to any
party who is owed such a duty or
obligation or subject to any
injunction, stay, or other equitable
relief to such party on account of such
offer or implementation of forbearance
or post-forbearance loss mitigation.
(ii) Other persons.--Any person, including
a trustee of a securitization vehicle or other
party involved in a securitization or other
investment vehicle, who in good faith
cooperates with a servicer of covered or
multifamily mortgage loans held by that
securitization or investment vehicle to comply
with the terms of section 4022 and 4023 of the
CARES Act (15 U.S.C. 9056, 9057), respectively,
to borrowers on covered or multifamily mortgage
loans owned by the securitization or other
investment vehicle shall not be liable to any
party who is owed such a duty or obligation or
subject to any injunction, stay, or other
equitable relief to such party on account of
the cooperation of the servicer with an offer
or implementation of forbearance during the
covered period or post-forbearance loss
mitigation, including after the expiration of
the covered period.
(B) Standard industry practice.--During the covered
period, notwithstanding any contractual restrictions,
it is deemed to be standard industry practice for a
servicer to offer forbearance or loss mitigation
options in accordance with the terms of sections 4022
and 4023 of the CARES Act (15 U.S.C. 9056, 9057) to
borrowers, respectively, on all covered or multifamily
mortgage loans serviced by the servicer.
(C) Rule of construction.--Nothing in this
paragraph may be construed as affecting the liability
of a servicer or other person for actual fraud in the
servicing of a mortgage loan or for the violation of a
State or Federal law.
(D) Definitions.--In this paragraph:
(i) Covered mortgage loan.--The term
``covered mortgage loan'' has the meaning given
the term in section 4022(a) of the CARES Act
(15 U.S.C. 9056(a)).
(ii) Covered period.--The term ``covered
period'' has the meaning given that term in
section 4023(g) of the CARES Act (15 U.S.C.
9057(g)).
(iii) Multifamily mortgage loan.--The term
``multifamily mortgage loan'' has the meaning
given the term in section 4023(g) of the CARES
Act (15 U.S.C. 9057(g)).
(iv) Servicer.--The term ``servicer''--
(I) has the meaning given the term
in section 6(i) of the Real Estate
Settlement Procedures Act of 1974 (12
U.S.C. 2605(i)); and
(II) means a master servicer and a
subservicer, as those terms are defined
in section 1024.31 of title 12, Code of
Federal Regulations.
(v) Securitization vehicle.--The term
``securitization vehicle'' has the meaning
given that term in section 129A(f) of the Truth
in Lending Act (15 U.S.C. 1639a(f)).
(11) Amendments to national housing act.--Section 306(g)(1)
of the National Housing Act (12 U.S.C. 1721(g)(1)) is amended--
(A) in the fifth sentence, by inserting after
``issued'' the following: ``, subject to any pledge or
grant of security interest of the Federal Reserve under
section 4003(a) of the CARES Act (15 U.S.C. 9042(a))
and to any such mortgage or mortgages or any interest
therein and the proceeds thereon, which the Association
may elect to approve''; and
(B) in the sixth sentence--
(i) by striking ``or (C)'' and inserting
``(C)''; and
(ii) by inserting before the period the
following: ``, or (D) its approval and honoring
of any pledge or grant of security interest of
the Federal Reserve under section 4003(a) of
the CARES Act (15 U.S.C. 9042(a)) and to any
such mortgage or mortgages or any interest
therein and proceeds thereon.''.
(12) Bankruptcy protections.--
(A) Bankruptcy protections for federal coronavirus
relief payments.--Section 541(b) of title 11, United
States Code, is amended--
(i) in paragraph (9), in the matter
following subparagraph (B), by striking ``or'';
(ii) in paragraph (10)(C), by striking the
period at the end and inserting ``; or''; and
(iii) by inserting after paragraph (10) the
following:
``(11) payments made under Federal law relating to the
national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
Coronavirus disease 2019 (COVID-19).''.
(B) Protection against discriminatory treatment of
homeowners in bankruptcy.--Section 525 of title 11,
United States Code, is amended by adding at the end the
following:
``(d) A person may not be denied any forbearance, assistance, or
loan modification relief made available to borrowers by a mortgage
creditor or servicer because the person is or has been a debtor, or has
received a discharge, in a case under this title.''.
(C) Increasing the homestead exemption.--Section
522 of title 11, United States Code, is amended--
(i) in subsection (d)(1), by striking
``$15,000'' and inserting ``$100,000''; and
(ii) by adding at the end the following:
``(r) Notwithstanding any other provision of applicable
nonbankruptcy law, a debtor in any State may exempt from property of
the estate the property described in subsection (d)(1) not to exceed
the value in subsection (d)(1) if the exemption for such property
permitted by applicable nonbankruptcy law is lower than that amount.''.
(D) Effect of missed mortgage payments on
discharge.--Section 1328 of title 11, United States
Code, is amended by adding at the end the following:
``(i) A debtor shall not be denied a discharge under this section
because, as of the date of discharge, the debtor did not make 6 or
fewer payments directly to the holder of a debt secured by real
property.
``(j) Notwithstanding subsections (a) and (b), upon the debtor's
request, the court shall grant a discharge of all debts provided for in
the plan that are dischargeable under subsection (a) if the debtor--
``(1) has made payments under a confirmed plan for at least
1 year; and
``(2) who is experiencing or has experienced a material
financial hardship due, directly or indirectly, to the
Coronavirus disease 2019 (COVID-19) pandemic.''.
(E) Expanded eligibility for chapter 13.--Section
109(e) of title 11, United States Code, is amended--
(i) by striking ``$250,000'' each place the
term appears and inserting ``$850,000''; and
(ii) by striking ``$750,000'' each place
the term appears and inserting ``$2,600,000''.
(F) Extended cure period for homeowners harmed by
covid-19 pandemic.--
(i) In general.--Chapter 13 of title 11,
United States Code, is amended by adding at the
end thereof the following:
``Sec. 1331. Special provisions related to COVID-19 pandemic
``(a) Notwithstanding subsections (b)(2) and (d) of section 1322,
if the debtor is experiencing or has experienced a material financial
hardship due, directly or indirectly, to the Coronavirus disease 2019
(COVID-19) pandemic, a plan may provide for the curing of any default
within a reasonable time, not to exceed 7 years after the time that the
first payment under the original confirmed plan was due, and
maintenance of payments while the case is pending on any unsecured
claim or secured claim on which the last payment is due after the
expiration of such time. Any such plan provision shall not affect the
applicable commitment period under section 1325(b).
``(b) For purposes of sections 1328(a) and 1328(b), any cure or
maintenance payments under subsection (a) that are made after the end
of the period during which the plan provides for payments (other than
payments under subsection (a)) shall not be treated as payments under
the plan.
``(c) Notwithstanding section 1329(c), a plan modified under
section 1329 at the debtor's request may provide for cure or
maintenance payments under subsection (a) over a period that is not
longer than 7 years after the time that the first payment under the
original confirmed plan was due.
``(d) Notwithstanding section 362(c)(2), during the period after
the debtor receives a discharge and the period during which the plan
provides for the cure of any default and maintenance of payments under
the plan, section 362(a) shall apply to the holder of a claim for which
a default is cured and payments are maintained under subsection (a) and
to any property securing such claim.
``(e) Notwithstanding section 1301(a)(2), the stay of section
1301(a) terminates upon the granting of a discharge under section 1328
with respect to all creditors other than the holder of a claim for
which a default is cured and payments are maintained under subsection
(a).''.
(ii) Table of contents.--The table of
sections of chapter 13, title 11, United States
Code, is amended by adding at the end thereof
the following:
``Sec. 1331. Special provisions related to COVID-19 pandemic.''.
(iii) Application.--The amendments made by
this paragraph shall apply only to any case
under title 11, United States Code, commenced
or pending during the 3-year period beginning
on the date of enactment of this Act in which a
plan under chapter 13 of title 11, United
States Code, was not confirmed before March 27,
2020.
(13) Liquidity for mortgage servicers and residential
rental property owners.--
(A) In general.--Section 4003 of the CARES Act (15
U.S.C. 9042) is amended by adding at the end the
following:
``(i) Liquidity for Mortgage Servicers.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall ensure that servicers of covered mortgage loans (as
defined in section 4022) and multifamily mortgage loans (as
defined in section 4023) are provided--
``(A) the opportunity to participate in the loans,
loan guarantees, or other investments made by the
Secretary under this section; and
``(B) with access to such opportunities under
equitable terms and conditions regardless of their
size.
``(2) Mortgage servicer eligibility.--In order to receive
assistance under subsection (b)(4), a mortgage servicer shall--
``(A) demonstrate that the mortgage servicer has
established policies and procedures to use such funds
only to replace funds used for borrower assistance,
including to advance funds as a result of forbearance
or other loss mitigation provided to borrowers;
``(B) demonstrate that the mortgage servicer has
established policies and procedures to provide
forbearance, post-forbearance loss mitigation, and
other assistance to borrowers in compliance with the
terms of section 4022 or 4023, as applicable;
``(C) demonstrate that the mortgage servicer has
established policies and procedures to ensure that
forbearance and post-forbearance assistance is
available to all borrowers in a non-discriminatory
fashion and in compliance with the Fair Housing Act (42
U.S.C. 3601 et seq.), the Equal Credit Opportunity Act
(15 U.S.C. 1691 et seq.), and other applicable fair
housing and fair lending laws; and
``(D) comply with the limitations on compensation
set forth in section 4004.
``(3) Mortgage servicer requirements.--A mortgage servicer
receiving assistance under subsection (b)(4) may not, while the
servicer is under any obligation to repay funds provided or
guaranteed under this section--
``(A) pay dividends with respect to the common
stock of the mortgage servicer or purchase an equity
security of the mortgage servicer or any parent company
of the mortgage servicer if the security is listed on a
national securities exchange, except to the extent
required under a contractual obligation that is in
effect on the date of enactment of this subsection; or
``(B) prepay any debt obligation.''.
(B) Credit facility for residential rental property
owners.--
(i) In general.--The Board of Governors of
the Federal Reserve System shall--
(I) establish a facility, using
amounts made available under section
4003(b)(4) of the CARES Act (15 U.S.C.
9042(b)(4)), to make long-term, low-
cost loans to residential rental
property owners as to temporarily
compensate such owners for documented
financial losses caused by reductions
in rent payments; and
(II) defer such owners' required
payments on such loans until after 6
months after the date of enactment of
this Act.
(ii) Requirements.--A borrower that
receives a loan under this subparagraph may
not, for the duration of the loan--
(I) evict, initiate, or file and
execute the eviction of a tenant solely
for nonpayment of rent or other fees or
charges;
(II) charge any late fees,
penalties, or other charges to a tenant
for late payment of rent; and
(III) with respect to a person or
entity described in clause (iv),
discriminate on the basis of source of
income.
(iii) Report on residential rental property
owners.--The Board of Governors of the Federal
Reserve System shall issue a report to Congress
containing the following, with respect to each
property owner receiving a loan under this
subparagraph:
(I) The number of borrowers that
received assistance under this
subparagraph.
(II) The average total loan amount
that each borrower received.
(III) The total number of rental
units that each borrower owned.
(IV) The average rent charged by
each borrower.
(iv) Report on large residential rental
property owners.--The Board of Governors shall
issue a report to Congress that identifies any
person or entity that in aggregate owns or
holds a controlling interest in any entity
that, in aggregate, owns--
(I) more than 100 rental units that
are located within a single
metropolitan statistical area;
(II) more than 1,000 rental units
in the United States; or
(III) rental units in 3 or more
States.
(C) Mortgage performance data.--Section 4003(c) of
the CARES Act (15 U.S.C. 9042(c)) is amended by adding
at the end the following:
``(4) Mortgage performance data.--
``(A) Monthly report.--
``(i) In general.--A servicer of a
residential mortgage loan receiving a loan,
loan guarantee, or any other investment under
this section shall, beginning in the first
month in which the loan, loan guarantee, or
investment was received, collect and provide
loan-level data to the Bureau of Consumer
Financial Protection on a monthly basis with
respect all residential mortgage loans serviced
by the servicer.
``(ii) Contents.--Each monthly report
required under this subparagraph shall contain
identifying information and loan performance
data for the most recent month as well as
cumulative data since the servicer began
reporting under this paragraph.
``(iii) Time period for reports.--Reports
under this paragraph shall be provided by a
servicer every month in which a loan, loan
guarantee, or any other investment under this
section has been received and for 2 years
following such receipt.
``(B) Identifying information.--Each monthly report
required under subparagraph (A) shall include the
following loan-level identifying information:
``(i) Demographic data, for each borrower,
including race, ethnicity, sex, and age.
``(ii) The location of the property,
including by State, metropolitan statistical
area, postal code, census tract, and
metropolitan division, if applicable.
``(iii) Loan origination information,
including original unpaid principal balance,
original interest rate, first payment date,
original loan term, and lien status (first or
subordinate).
``(iv) Loan type and type of loan
purchaser, as described in section 304 of the
Home Mortgage Disclosure Act of 1975 (12 U.S.C.
2803) and the rules issued to carry out that
section.
``(C) Loan performance data.--Each monthly report
required under subparagraph (A) shall include the
following loan-level loan performance data:
``(i) Current loan information, including
current actual unpaid principal balance,
current interest rate, current loan delinquency
status (based on the number of days the
borrower is delinquent in payments based on the
due date of the last paid loan payment), loan
performance status (including current,
forbearance, repayment plan, referred to
foreclosure, trial modification, permanent
modification, or foreclosed), and the date of
the event leading to such status.
``(ii) Loss mitigation information,
including--
``(I) whether the loan is currently
being evaluated for loss mitigation,
and if so the date upon which the
current loss mitigation process was
initiated and the date of complete
application, if any;
``(II) the disposition of any
previous loss mitigation evaluation
reported pursuant to subclause (I) and
the date of disposition, including--
``(aa) denied;
``(bb) temporary or short-
term agreement, such as a
repayment agreement or
forbearance, and the length of
such agreement (in months);
``(cc) trial loan
modification;
``(dd) permanent loan
modification; or
``(ee) other type of loss
mitigation; and
``(III) for each permanent
modification--
``(aa) whether the
permanent modification included
1 or more of--
``(AA) additions of
delinquent payments and
fees to loan balances;
``(BB) interest
rate reductions and
freezes;
``(CC) term
extensions;
``(DD) reductions
of principal; or
``(EE) deferrals of
principal; and
``(bb) whether the total
monthly principal and interest
payment, as a result of the
permanent modification--
``(AA) increased;
``(BB) remained the
same;
``(CC) decreased
less than 10 percent;
``(DD) decreased
between 10 and 20
percent; or
``(EE) decreased 20
percent or more.
``(D) Forbearance data.--Each monthly report
required under subparagraph (A) shall include, with
respect to each loan for which a forbearance has been
reported under subparagraph (C)(i), forbearance-
specific data, including--
``(i) the total months of total forbearance
granted to date; and
``(ii) the number of renewals of
forbearance to date.
``(E) Public availability of aggregate data.--
``(i) In general.--Using data submitted by
servicers under this paragraph, the Director of
the Bureau of Consumer Financial Protection
shall make available aggregate data by servicer
for each State, metropolitan statistical area,
and metropolitan division, as defined by the
Office of Management and Budget. Such aggregate
data shall be provided monthly by the Director
to Congress and posted on the website of the
Bureau of Consumer Financial Protection.
``(ii) Exception for certain personally
identifiable data.--If aggregate data described
under clause (i) is nonetheless reasonably
personally identifiable, the Director may
report the aggregate data by servicer on the
next larger geographic unit (such that, for
example, data would not be reported by
municipal division but only by metropolitan
statistical area and State).
``(F) Implementation.--The Director of the Bureau
of Consumer Financial Protection shall, within 60 days
of the date of enactment of this paragraph, and in
consultation with the Director of the Federal Housing
Finance Agency and the Comptroller of the Currency,
prescribe the format and method of submission of the
data required under this paragraph. The Director of the
Bureau may prescribe rules for the collection of the
data in order to ensure accuracy, transparency, and
complete data collection, including the collection and
reporting of additional data elements, but may not
require reporting of fewer data elements than
prescribed by this paragraph nor less frequent
reporting than required by this paragraph.
``(G) Definitions.--In this paragraph:
``(i) Residential mortgage loan.--The term
`residential mortgage loan' has the meaning
given the term in section 103 of the Truth in
Lending Act (15 U.S.C. 1602).
``(ii) Servicer.--The term `servicer' has
the meaning given the term in section 6 of the
Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2605).''.
(14) Small property owner grant program.--
(A) Definitions.--In this paragraph:
(i) COVID-19 emergency period.--The term
``COVID-19 emergency period'' means the period
in which the national emergency concerning the
novel Coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020,
under the National Emergencies Act (50 U.S.C.
1601 et seq.) is in effect.
(ii) Secretary.--The term ``Secretary''
means the Secretary of Housing and Urban
Development.
(iii) Small property owner.--The term
``small property owner'' means an owner of not
more than 10 residential properties.
(B) Grant program.--The Secretary shall establish a
program to award grants to State and local housing
finance agencies to provide assistance to small
property owners.
(C) Eligible small property owners.--To be eligible
for assistance provided under this paragraph, a small
property owner shall submit proof of hardship to the
State or local housing finance agency, as applicable,
which shall provide that, during the COVID-19 emergency
period--
(i) tenants of dwelling units in the
residential properties owned by the small
property owner have been unable to pay rent;
and
(ii) the small property owner has not
evicted any such tenants.
(D) Prohibitions.--
(i) Private equity, real estate, or venture
capital firms.--Any private equity firm, real
estate firm, or venture capital firm that has
accepted funding from an investment company, as
such term is defined in section 3(a) of the
Investment Company Act of 1940 (15 U.S.C. 80a-
3(a)), shall not be eligible for--
(I) a grant under this section; or
(II) a loan, loan guarantee, or
other investment made by the Secretary
of the Treasury under section 4003 of
the CARES Act (15 U.S.C. 9042), as
amended by this section.
(ii) Undeveloped or uninhabited
properties.--A small property owner may not
receive any funds under this paragraph with
respect to any undeveloped property, plot of
land, or uninhabited property owned by the
small property owner.
(iii) Rent payments.--A small property
owner that receives a grant with respect to a
property under this paragraph may not require
tenants of the property to make rental payments
for the duration of the grant.
(E) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$1,000,000,000 for fiscal year 2020, to remain
available until September 30, 2021, to carry out this
paragraph.
SEC. 3. EXPANDED EVICTION RELIEF FOR RENTERS UNDER THE CARES ACT.
Section 4024 of the CARES Act (15 U.S.C. 9058) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered dwelling.--The term `covered dwelling' means
a dwelling that is occupied by a tenant--
``(A) pursuant to a residential lease; or
``(B) without a lease or with a lease terminable
under State law.'';
(B) by striking paragraphs (2), (4), and (5);
(C) by redesignating paragraph (3) as paragraph
(2); and
(D) in paragraph (2)(B), as so redesignated--
(i) by striking ``includes houses'' and
inserting the following: ``includes--
``(i) houses'';
(ii) in clause (i), as so designated, by
striking the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(ii) a manufactured home, as defined in
section 4022; and
``(iii) a covered recreational vehicle, as
defined in section 4022.''; and
(2) in subsection (b), by striking ``120-day period'' and
inserting ``365-day period.''.
SEC. 4. RENTER'S AND HOMEOWNER'S RIGHTS.
(a) Definitions.--In this section:
(1) Covered dwelling.--The term ``covered dwelling'' has
the meaning given the term in section 4024 of the CARES Act (15
U.S.C. 9058).
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period in which the national
emergency concerning the novel Coronavirus disease (COVID-19)
outbreak declared by the President on March 13, 2020, under the
National Emergencies Act (50 U.S.C. 1601 et seq.) is in effect.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) State.--The term ``State'' means any State of the
United States, the District of Columbia, any territory of the
United States, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
(b) Grant Program To Provide Tenants With Right to Attorney.--
(1) In general.--The Secretary shall provide grants to
States that provide a right to legal assistance for tenants
facing eviction in housing courts in violation of the eviction
moratorium described in section 4024 of the CARES Act (15
U.S.C. 9058).
(2) Report.--A State that receives a grant under this
section shall provide to the Secretary periodic reports on the
use of funds under the grant.
(3) Rule of construction.--Nothing in this subsection shall
be construed as modifying, limiting, or superseding the
operation of any provision of an enumerated Federal consumer
law that relates to the authority of a State attorney general
or State regulator to enforce such Federal law.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $25,000,000 for fiscal year
2020, to remain available until expended, to make grants under
this subsection.
(c) Private Right of Action.--A tenant that resides in any covered
dwelling may bring a civil action against a landlord or managing agent
for injunctive relief, direct money damages, or other relief if the
landlord or managing agent is in violation of Federal, State, or local
eviction moratorium laws, including under section 4024 of the CARES Act
(15 U.S.C. 9058).
(d) Repayment.--A residential tenant of a covered dwelling unit or
a commercial tenant may repay any unpaid rent during the COVID-19
emergency period--
(1) over an 18-month period, with respect to a residential
tenant, beginning on the date of enactment of this Act; or
(2) over a 3-month period, with respect to a commercial
tenant, beginning on the date of enactment of this Act.
(e) Credit Reporting.--The Fair Credit Reporting Act (15 U.S.C.
1601 et seq.) is amended--
(1) in section 605(a), by adding at the end the following:
``(9) Any eviction, unpaid rent, or other debt with respect
to a consumer occurring during the covered period, as defined
in section 623(a)(1)(G).''; and
(2) in section 623(a)(1) (15 U.S.C. 1681s-2), by adding at
the end the following:
``(G) Reporting of evictions or unpaid rent during
covid-19 pandemic.--
``(i) Definitions.--In this subparagraph,
term `covered period' has the meaning given the
term in subparagraph (F).
``(ii) Prohibition on reporting.--A
landlord of any residential dwelling, including
a manufactured home or a covered recreational
vehicle (as those terms are defined in section
4022 of the CARES Act (15 U.S.C. 9056)) shall
not report any eviction, unpaid rent, or other
debt occurring during the covered period with
respect to a consumer to any furnisher or
consumer reporting agency.''.
(f) Rent Increases.--The owner or management company of a covered
dwelling (as defined in section 4024 of the CARES Act (15 U.S.C. 9058)
or any servicer of a covered mortgage loan (as defined in section 4022
of the CARES Act (15 U.S.C. 9056)) shall not, during the 1-year period
following the date of enactment of this Act, increase the rent on any
dwelling unit of such a covered dwelling in an amount that is more than
the rate of inflation.
(g) Allocation of Funds for Housing Legal Aid and Housing
Counseling.--
(1) Housing legal aid.--
(A) In general.--The Secretary shall provide grants
to housing legal aid organizations that target services
to minority and low- and moderate-income (as defined by
the Secretary) homeowners, renters, individuals
experiencing homelessness, and individuals at risk of
experiencing homelessness or provide those services in
neighborhoods in the United States with high
concentrations of those individuals.
(B) Report.--A housing legal aid organization that
receives a grant under this subsection shall provide to
the Secretary periodic reports on the use of funds
under the grant.
(C) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary for
fiscal year 2020, to remain available until expended,
$500,000,000 for grants provided under this paragraph
for housing legal aid services.
(2) Housing counseling.--
(A) Authorization of appropriations.--There is
authorized to be appropriated to the Neighborhood
Reinvestment Corporation established under the
Neighborhood Reinvestment Corporation Act (42 U.S.C.
8101 et seq.) $700,000,000 for fiscal year 2020, which
shall remain available until September 30, 2023, to
provide funds to counseling organizations for housing
counseling services.
(B) Eligible uses.--Subject to subparagraph (C),
amounts made available under subparagraph (A) may be
used in such amounts as the Neighborhood Reinvestment
Corporation determines for the costs of--
(i) public education and outreach;
(ii) direct services, including the full
range of services provided by housing
counselors to assist homeowners, including
manufactured homeowners, regardless of
financing type, renters, individuals
experiencing homelessness, and individuals at
risk of homelessness, including the practices,
tools, and innovations in foreclosure
mitigation that were utilized in the National
Foreclosure Mitigation Counseling Program, and
financial capability, credit counseling,
homeless counseling, and rental counseling;
(iii) equipment and technology, including
broadband internet and equipment upgrades
needed to ensure timely and effective service
delivery;
(iv) training, including capacitating
housing counseling staff in various modes of
counseling, including rental and foreclosure,
delivery of remote counseling utilizing
improved technology, enhanced network security,
and supportive options for the delivery of
client services; and
(v) administration and oversight of the
grant program in accordance with the rate of
the Corporation for program administration.
(C) Prioritization of housing counseling
services.--Of amounts made available under subparagraph
(A), not less than 40 percent shall be provided to
counseling organizations that target counseling
services to minority and low-income homeowners,
renters, individuals experiencing homelessness, and
individuals at risk of homelessness or provide such
services in neighborhoods with high concentrations of
minority and low-income homeowners, renters,
individuals experiencing homelessness, and individuals
at risk of homelessness.
(h) Notice of Eviction After the Conclusion of the Moratorium.--On
and after the date on which the eviction moratorium under 4024 of the
CARES Act (15 U.S.C. 9058) expires, the owner of a covered dwelling (as
defined in that section) shall provide notice to a tenant not less than
120 days before filing an eviction against the tenant.
(i) Taxability.--For purposes of the Internal Revenue Code of 1986,
any amount which (but for a provision of this Act or an amendment made
by this Act) would be includible in gross income of a person by reason
of forgiveness of a required rent or mortgage payment shall be excluded
from gross income.
SEC. 5. ASSISTANCE FOR HOME ENERGY SERVICE AND HOUSEHOLD DRINKING WATER
AND WASTEWATER SERVICES.
(a) Definitions.--In this section:
(1) Home energy service.--The term ``home energy service''
means a service to provide home energy, as such term is defined
in section 2603 of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8622), and electric service, as that term is
used in the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2601 et seq.).
(2) Household drinking water and wastewater services.--The
term ``household drinking water and wastewater services'' has
the meaning given that term in section 1459A(a)(2) of the Safe
Drinking Water Act (42 U.S.C. 300j-19a(a)(2)).
(3) Indian tribe.--The term ``Indian Tribe''--
(A) used with respect to assistance for home
energy, means--
(i) an Indian tribe within the meaning of
section 2604(d) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8623(d)); and
(ii) an entity that is eligible to receive
funds under that section on behalf of an Indian
tribe described in clause (i); and
(B) used with respect to assistance for household
drinking water and wastewater services, means any
Indian Tribe, band, group, or community recognized by
the Secretary of the Interior and exercising
governmental authority over a Federal Indian
reservation, as defined in section 518(h) of the
Federal Water Pollution Control Act (33 U.S.C. 1377).
(4) Municipality.--The term ``municipality'' has the
meaning given such term in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362).
(5) Public health emergency.--The term ``public health
emergency'' means the public health emergency described in
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b-5(g)(1)(B)).
(6) Public health emergency period.--The term ``public
health emergency period'' has the meaning given the term
``emergency period'' in that section 1135(g)(1)(B).
(7) Public water system.--The term ``public water system''
has the meaning given that term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(9) State.--The term ``State'' means--
(A) any of the 50 States, and the District of
Columbia; and
(B) the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
(b) Assistance for Low-Income Households.--The Secretary shall make
grants from allotments and payments described in subsection (d) to
States and Indian Tribes to assist low-income households, particularly
those with the lowest incomes, that pay a high proportion of household
income for home energy service and household drinking water and
wastewater services. Half of the funds for each such grant shall be
made available from funds appropriated under subsection (k)(1), and
half from funds appropriated under subsection (k)(2).
(c) Use of LIHEAP Resources.--In carrying out this section, the
Secretary, States, and Indian Tribes, as applicable, shall use the
existing (as of the date of implementation) systems in place to carry
out the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621
et seq.) as the Secretary determines appropriate.
(d) Allotments.--
(1) States.--The Secretary shall allot to each State an
amount that bears the same relationship to the funds
appropriated under this section and available for carrying out
this subsection as the number of individuals with a household
income of less than 200 percent of the poverty line in that
State bears to the total number of such individuals in all
States.
(2) Indian tribes.--At the request of an Indian Tribe in a
State, the Secretary shall reserve, from the amount that would
otherwise be payable to such State from the allotment under
paragraph (1) for the fiscal year involved, a payment for the
Indian Tribe in a sum determined to be appropriate by the
Secretary.
(3) Notification to congress.--Not later than 15 days after
determining the amounts of allotments and payments for States
and Indian Tribes pursuant to this subsection, and prior to
making grants under this section, the Secretary shall notify
Congress of such amounts.
(e) Requirements.--Each State or Indian Tribe desiring to receive a
grant under this section shall agree to--
(1) establish or maintain in effect a moratorium policy to
ensure that no home energy service, household drinking water
service, or wastewater service to an individual or household,
that is regulated or provided by the State or Indian Tribe or
subrecipient of grant funds from the State or Tribe, shall be
or remain disconnected (including interrupted) until the end of
the period of the applicable repayment plan described in
paragraph (2)(B); and
(2) ensure that the moratorium policy provides, and
requires a subrecipient of grant funds to provide--
(A) for a waiver of applicable interest or
penalties on a late payment for home energy, household
drinking service, or wastewater service, if the late
payment is related to an arrearage that occurred during
the public health emergency period; and
(B) for a repayment plan of at least 18 months in
duration, beginning on the last date of the public
health emergency period, based on the household income
of the household involved, for any remaining late
payment described in subparagraph (A) that is not
covered by funding provided under this section.
(f) Use of Funds.--A State or Indian Tribe that receives a grant
under this Act shall use the grant funds to assist low-income
households by paying for late home energy service payments and late
household drinking water and wastewater services payments, and
reconnection fees for households who have been disconnected from any
type of service specified in this subsection due to nonpayment, if the
related arrearages and disconnections occurred during the public health
emergency period.
(g) State Agreements.--
(1) Home energy service providers.--To the maximum extent
practicable, a State that receives a grant under this section
shall enter into agreements with home energy service providers,
local governments, nonprofit organizations associated with
providing home energy services to rural and small communities,
and Indian Tribes, to assist in identifying low-income
households and to carry out this section.
(2) Household drinking water and wastewater services
providers.--To the maximum extent practicable, a State that
receives a grant under this section shall enter into agreements
with public water systems, municipalities, nonprofit
organizations associated with providing household drinking
water and wastewater services to rural and small communities,
and Indian Tribes, to assist in identifying low-income
households and to carry out this section.
(h) Determination of Low-Income Households.--In determining whether
a household in a State or under the jurisdiction of an Indian Tribe is
considered low-income for the purposes of this Act, the State or Indian
Tribe shall--
(1) ensure that, at a minimum, all households with a
household income at or below 200 percent of the Federal poverty
line are included as low-income households;
(2) ensure that households already eligible for assistance
under the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.) are included as low-income households; and
(3) consider households that have not previously received
assistance under the Low-Income Home Energy Assistance Act of
1981 in the same manner as households that have previously
received such assistance.
(i) Audits.--The Secretary shall require each State and Indian
Tribe receiving a grant under subsection (b) to undertake periodic
audits and evaluations of expenditures made by such State or Indian
Tribe pursuant to this section.
(j) Reports to Congress.--The Secretary shall prepare reports on
the results of activities carried out pursuant to this section and
submit the reports to Congress--
(1) not later than 1 year after the date of enactment of
this Act; and
(2) upon disbursement of all funds appropriated to carry
out this section.
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section--
(A) $10,000,000,000 for grant funds and
administration relating to assistance for home energy
service; and
(B) $10,000,000,000 for grant funds and
administration relating to assistance for household
drinking water and wastewater services.
(2) Availability.--Sums appropriated under paragraph (1)
shall remain available until expended.
SEC. 6. BUSINESS LANDLORD OVERSIGHT.
(a) Congressional Oversight Commission.--Section 4020 of the CARES
Act (15 U.S.C. 9055) is amended--
(1) in subsection (b)(2)(A), by adding at the end the
following:
``(v) The use of rental property assistance
received by entities under section 7(a)(36) of
the Small Business Act (15 U.S.C. 636(a)(36))
or other Federal Government relief assistance
under this subtitle.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``5'' and inserting ``9''; and
(ii) in subparagraphs (A) through (D),
strike ``1'' each place the term appears and
insert ``2''; and
(B) by adding at the end the following:
``(8) Qualifications.--Not fewer than 2 of the 8 members
appointed under subparagraphs (A) through (D) shall be from a
group that has been historically underrepresented or
disproportionately negatively impacted by the Coronavirus
disease 2019 (COVID-19), and not fewer than 1 of those 8
members shall be a woman.''.
(b) Prohibition on Use of Federal COVID-Relief Loans or Grants To
Buy Distressed Mortgages, Foreclosed Properties, or Real-Estate-Owned
Properties.--Except with respect to a nonprofit organization or a
local, mission-focused affordable housing developer, a business entity
shall not use the proceeds of any loan or grant received under this Act
or the CARES Act (Public Law 116-136), or any amendments made under
those Acts, to purchase distressed mortgages, foreclosed properties, or
real-estate-owned properties.
(c) Rent Arrears.--If a landlord receives Federal funds under
subtitle IV of the CARES Act (Public Law 116-136) that are used to
cover rent arrears during the period beginning on March 27, 2020, and
ending on December 31, 2020, the landlord may not collect rent arrears
from tenants that were received upon the expiration of applicable
Federal and State eviction and foreclosure moratoriums relating to the
COVID-19 pandemic, including under sections 4022 and 4024 of the CARES
Act (15 U.S.C. 9056, 9058).
<all>
Introduced in Senate
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line