I 111th CONGRESS 2d Session H. R. 6020 IN THE HOUSE OF REPRESENTATIVES July 30, 2010 Mr. Clay (for himself, Mr. Rangel, and Ms. Lee of California) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code with respect to the sale by the trustee of property that is subject to a lease.

1.

Short title

This Act may be cited as the Tenant Rights Restoration Act of 2010.

2.

Amendment

Section 363 of title 11, the United States Code, is amended by adding at the end the following: (r)Notwithstanding subsection (f), the trustee may not sell real estate that is the property of the estate free and clear of an existing leasehold interest unless the lessee is permitted to elect 1 of the following 2 options upon the entry of the order authorizing such a sale: (1)The lessee may treat such lease as terminated by the sale. (2)The lessee may retain its rights under such lease (including rights such as those relating to the amount and timing of payment of rent and other amounts payable by the lessee and any right of use, possession, quiet enjoyment, subletting, assignment, or hypothecation) that are in or appurtenant to the real property for the balance of the term of such lease and for any renewal or extension of such rights to the extent that such rights are enforceable under applicable nonbankruptcy law. .