[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5043 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5043
To provide for a moratorium on evictions from and foreclosures on
residences during a major disaster or emergency, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 17, 2021
Mrs. Demings (for herself and Mr. Lawson of Florida) introduced the
following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To provide for a moratorium on evictions from and foreclosures on
residences during a major disaster or emergency, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Disaster Housing Stability
Act of 2021''.
SEC. 2. EVICTION MORATORIUM.
(a) Moratorium.--In the case of any disaster, the lessor of a
covered dwelling that is located within the disaster area with respect
to such disaster may not, during the eviction moratorium period with
respect to such area--
(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;
(2) charge fees, penalties, or other charges to the tenant
related to such nonpayment of rent;
(3) increase the amount charged for rental of the dwelling
unit, including by recouping such increased rent through fees
or charges after the conclusion of such period;
(4) in any manner prevent the tenant of the dwelling unit,
if such tenant has temporarily relocated, from returning to the
dwelling unit and re-establishing occupancy or require the
tenant to be re-screened to determine any eligibility for such
occupancy; or
(5) otherwise terminate a lease or fail to renew a lease.
(b) Notice To Vacate.--In the case of any disaster, the lessor of a
covered dwelling unit that is located within the disaster area with
respect to such disaster may not--
(1) 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) issue a notice to vacate under paragraph (1) until
after the expiration of the eviction moratorium period with
respect to such area.
(c) Notice of Assistance.--Each lessor of a covered dwelling unit
that is located within a disaster area with respect to a disaster shall
notify the lessee of such unit--
(1) as soon as possible after the declaration of the
disaster of--
(A) the damage assessment status of the dwelling
unit, with respect to disaster assistance from the
Federal Emergency Management Agency and the Small
Business Administration;
(B) disaster assistance from the Federal Emergency
Management Agency and the Small Business Administration
for which the lessee may be eligible, with respect to
such dwelling unit; and
(C) disaster assistance from the Federal Emergency
Management Agency and the Small Business Administration
for which the lessor may be eligible, with respect to
such dwelling unit; and
(2) in the case of assistance referred to in paragraph
(1)(C) applied for by the lessor--
(A) that such assistance has been applied for, upon
such application; and
(B) that such assistance has been received, upon
such receipt.
SEC. 3. FORECLOSURE MORATORIUM.
Except with respect to a vacant or abandoned property, in the case
of any disaster, a servicer of a Federally backed mortgage loan on a
property located within the disaster area with respect to such disaster
may not, during the foreclosure moratorium period with respect to such
area, initiate any judicial or non-judicial foreclosure process, move
for a foreclosure judgment or order of sale, or execute a foreclosure-
related eviction or foreclosure sale.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Covered dwelling.--The term ``covered dwelling'' means
a dwelling that is occupied by a tenant--
(A) pursuant to a residential lease; or
(B) without a lease or with a lease terminable
under State law; and
(2) Disaster.--The term ``disaster'' means--
(A) any national emergency declared by the
President under the National Emergencies Act (50 U.S.C.
1601 et seq.); or
(B) any major disaster or emergency declared by the
President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 4121 et seq.).
(3) Disaster area.--The term ``disaster area'' means, with
respect to a disaster, any area that at any time is subject to
the declaration of such disaster.
(4) Dwelling.--The term ``dwelling''--
(A) has the meaning given the term in section 802
of the Fair Housing Act (42 U.S.C. 3602); and
(B) includes houses and dwellings described in
section 803(b) of such Act (42 U.S.C. 3603(b)).
(5) Eviction moratorium period.--The term ``eviction
moratorium period'' means, with respect to a disaster area, the
90-day period that begins upon--
(A) in the case of a covered dwelling unit that is
eligible for assistance under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) or disaster loan assistance from the
Small Business Administration, with respect to such
disaster, the sooner of--
(i) receipt by the owner of the dwelling
unit of all or part of such assistance; or
(ii) the expiration of the period of
eligibility for assistance under such Act for
such dwelling unit with respect to such
disaster; or
(B) in the case of a covered dwelling unit that is
not eligible for assistance referred to in subparagraph
(A) with respect to such disaster, the declaration of
the disaster for which such declaration was made.
(6) 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.
(7) Foreclosure moratorium period.--The term ``foreclosure
moratorium period'' means, with respect to a disaster area, the
6-month period that begins upon the declaration of the disaster
for which such declaration was made.
SEC. 5. APPLICABILITY.
This Act shall apply with respect to any disaster for which the
declaration of the disaster is in effect on the date of the enactment
of this Act and any disaster for which such declaration is made after
such date of enactment.
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