§ 9058. Temporary moratorium on eviction filings

605 words·~3 min read·/usc/title-15/section-9058

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(a)Definitions In this section:

(1)Covered dwelling The term “covered dwelling” means a dwelling that—

(A)is occupied by a tenant—

(i)pursuant to a residential lease; or

(ii)without a lease or with a lease terminable under State law; and

(B)is on or in a covered property.

(2)Covered property The term “covered property” means any property that—

(A)participates in—

(i)a covered housing program (as defined in section 12491(a) of title 34); or

(ii)the rural housing voucher program under section 1490r of title 42; or

(B)has a—

(i)Federally backed mortgage loan; or

(ii)Federally backed multifamily mortgage loan.

(3)Dwelling The term “dwelling”—

(A)has the meaning given the term in section 3602 of title 42; and

(B)includes houses and dwellings described in section 3603(b) of title 42.

(4)Federally backed mortgage loan The term “Federally backed mortgage loan” includes any loan (other than temporary financing such as a construction loan) that—

(A)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

(B)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.

(5)Federally backed multifamily mortgage loan The term “Federally backed multifamily mortgage loan” includes any loan (other than temporary financing such as a construction loan) that—

(A)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

(b)Moratorium During the 120-day period beginning on March 27, 2020, the lessor of a covered dwelling may not—

(1)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

(2)charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.

(c)Notice The lessor of a covered dwelling unit—

(1)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

(2)may not issue a notice to vacate under paragraph

(1)until after the expiration of the period described in subsection (b).

(Pub. L. 116–136, div. A, title IV, § 4024, Mar. 27, 2020, 134 Stat. 492.)

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