I 112th CONGRESS 1st Session H. R. 3619 IN THE HOUSE OF REPRESENTATIVES December 8, 2011 Mr. Ellison (for himself and Mr. Stark) introduced the following bill; which was referred to the Committee on Financial Services A BILL To permanently extend the Protecting Tenants at Foreclosure Act of 2009 and establish a private right of action to enforce compliance with such Act.

1.

Short title

This Act may be cited as the Permanently Protecting Tenants at Foreclosure Act of 2011.

2.

Repeal of sunset provision

Section 704 of the Protecting Tenants at Foreclosure Act of 2009 (12 U.S.C. 5201 note; 12 U.S.C. 5220 note; 42 U.S.C. 1437f note) is hereby repealed.

3.

Private right of action

The Protecting Tenants at Foreclosure Act of 2009, as amended by section 2 of this Act, is further amended by adding at the end the following new section:

704.

Private right of action

(a)

Right of action

Any person aggrieved by a violation referred to in subsection (b) may bring a civil action in a court of competent jurisdiction for damages resulting from such violation, and may obtain other appropriate relief, including equitable relief. If the plaintiff prevails in any such action, the court shall award the plaintiff any litigation costs reasonably incurred, together with reasonable attorneys’ fees and reasonable expert witness fees, as determined by the court. (b)

Violation

A violation referred to in this subsection is a violation of— (1)section 702 of this title; or (2)the matter in subparagraph (C) or (F) of section 8(o)(7) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(7)) that was added by the amendments made by section 703 of this title

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