Sec. 4. Renter's and homeowner's rights
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In this section: The term covered dwelling has the meaning given the term in section 4024 of the CARES Act ( 15 U.S.C. 9058 ). 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. The term Secretary means the Secretary of Housing and Urban Development. 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.
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 ). A State that receives a grant under this section shall provide to the Secretary periodic reports on the use of funds under the grant. 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.
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. 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 ).
A residential tenant of a covered dwelling unit or a commercial tenant may repay any unpaid rent during the COVID–19 emergency period— over an 18-month period, with respect to a residential tenant, beginning on the date of enactment of this Act; or over a 3-month period, with respect to a commercial tenant, beginning on the date of enactment of this Act. The Fair Credit Reporting Act ( 15 U.S.C. 1601 et seq.) is amended— in section 605(a), by adding at the end the following: 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 in section 623(a)(1) ( 15 U.S.C. 1681s–2 ), by adding at the end the following:
In this subparagraph, term covered period has the meaning given the term in subparagraph (F). 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. . 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.
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. 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.
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. 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.
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— public education and outreach; 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; equipment and technology, including broadband internet and equipment upgrades needed to ensure timely and effective service delivery; 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 administration and oversight of the grant program in accordance with the rate of the Corporation for program administration. 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. 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. 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.
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- 15 USC 1681s–2
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Sec. 4
Renter's and homeowner's rights
Cite15 USC 1681s–2
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