Sec. 2. Temporary moratorium on eviction filings
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/bill/116/s/3585/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term covered dwelling means a dwelling that— is occupied by a tenant— pursuant to a residential lease; or without a lease or with a lease terminable under State law; and is on or in a covered property. The term covered property means any property that— participates in— a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a) )); or the rural housing voucher program under section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ); or has a— federally backed mortgage loan; or federally backed multifamily mortgage loan.
The term dwelling — has the meaning given the term in section 802 of the Fair Housing Act ( 42 U.S.C. 3602 ); and includes houses and dwellings described in section 803(b) of such Act ( 42 U.S.C. 3603(b) ). The term federally backed mortgage loan includes any loan (other than temporary financing such as a construction loan) that— is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
The term federally backed multifamily mortgage loan includes any loan (other than temporary financing such as a construction loan) that— is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
During the 120-day period beginning on the date of enactment of this Act, the lessor of a covered dwelling may not— make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges; or charge fees, penalties, or other charges to the tenant related to such nonpayment of rent. The lessor of a covered dwelling unit— may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the lessor provides the tenant with a notice to vacate; and may not issue a notice to vacate under paragraph
(1)until after the expiration of the period described in subsection (b).
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