[Congressional Record Volume 171, Number 112 (Saturday, June 28, 2025)]
[Senate]
[Page S3990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2447. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the bill H.R. 1, to provide for reconciliation pursuant to
title II of H. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. END JUNK FEES FOR RENTERS.
(a) Definitions.--In this section:
(1) Appropriate regulator.--The term ``appropriate
regulator'' means--
(A) the Secretary of Housing and Urban Development, with
respect to covered dwelling units described in--
(i) paragraph (2)(A);
(ii) paragraph (2)(B), to the extent the Federally backed
mortgage loan referred to in such paragraph is described in
subparagraph (A), (B), or (C) of paragraph (3); or
(iii) paragraph (2)(B), to the extent the Federally backed
mortgage loan referred to in such paragraph is described in
paragraph (4) and is made in whole or in part, or insured,
guaranteed, supplemented, or assisted in any way under or in
connection with a housing or urban development program
administered by the Secretary of Housing and Urban
Development;
(B) the Secretary of Veterans Affairs, with respect to
covered dwelling units described in paragraph (2)(B), to the
extent the Federally backed mortgage loan referred to in such
paragraph is described in--
(i) paragraph (3)(D); or
(ii) paragraph (4) and is made in whole or in part, or
insured, guaranteed, supplemented, or assisted in any way, by
the Secretary of Veterans Affairs or under or in connection
with a housing or related program administered by Secretary
of Veterans Affairs;
(C) the Secretary of Agriculture, with respect to covered
dwelling units described in paragraph (2)(B), to the extent
the Federally backed mortgage loan referred to in such
paragraph is described in--
(i) subparagraph (E) or (F) of paragraph (3); or
(ii) paragraph (4) and is made in whole or in part, or
insured, guaranteed, supplemented, or assisted in any way, by
the Secretary of Agriculture or under or in connection with a
housing or related program administered by Secretary of
Agriculture; and
(D) the Director of the Federal Housing Finance Agency,
with respect to covered dwelling units described in paragraph
(2)(B), to the extent the Federally backed mortgage loan
referred to in such paragraph is described in--
(i) paragraph (3)(G); or
(ii) paragraph (4) and is purchased or securitized by the
Federal Home Loan Mortgage Corporation or the Federal
National Mortgage Association.
(2) Covered dwelling unit.--The term ``covered dwelling
unit'' means a dwelling unit that--
(A) is provided assistance within the jurisdiction of the
Department, as defined in section 102(m) of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C.
3545(m)); or
(B) is subject to, or is on or in a property that is
subject to, a Federally backed single-family mortgage loan or
a Federally backed multifamily mortgage loan.
(3) Federally backed single-family mortgage loan.--The term
``Federally backed single-family mortgage loan'' includes any
loan that 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 that is--
(A) insured by the Federal Housing Administration under
title II of the National Housing Act (12 U.S.C. 1707 et
seq.);
(B) insured under section 255 of the National Housing Act
(12 U.S.C. 1715z-20);
(C) guaranteed under section 184 or 184A of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a,
1715z-13b);
(D) guaranteed or insured by the Department of Veterans
Affairs;
(E) guaranteed or insured by the Department of Agriculture;
(F) made by the Department of Agriculture; or
(G) purchased or securitized by the Federal Home Loan
Mortgage Corporation or the Federal National Mortgage
Association.
(4) 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) 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) Owner.--The term ``owner'' means, with respect to a
dwelling unit, any private person or entity, including a
cooperative, an agency of the Federal Government, or a public
housing agency, having the legal right to lease or sublease
the dwelling unit.
(b) Rental Junk Fees.--
(1) Application fees.--The appropriate regulator shall
prohibit the owner of a covered dwelling unit from assessing
or collecting a fee or charge, from any household in
connection with the submission of an application for rental
of the dwelling unit.
(2) Tenant screening fees.--The appropriate regulator shall
prohibit the owner of a covered dwelling unit from assessing
to or collecting from any household applying to rent the
dwelling unit any fee or charge for costs of conducting any
criminal history, tenant screening, consumer report, or other
background check of the household.
(3) Late fees.--The appropriate regulator shall require
that owners of covered dwelling units--
(A) only impose fees or charges on tenants in connection
with the late payment of rent for a covered dwelling unit if
the amount of the fee or charge is less than 3 percent of the
monthly rent the tenant pays for the covered dwelling unit;
(B) only impose fees or charges on tenants in connection
with the late payment of rent for a covered dwelling unit if
15 days have elapsed since the date on which the rent was
due; and
(C) disclose the requirements imposed under subparagraphs
(A) and (B) in any lease entered for a covered dwelling unit
on or after the date on which rules are issued under
subsection (c).
(4) Required disclosures.--The appropriate regulator shall
require each owner of a covered dwelling unit to disclose to
the tenant before a lease is signed--
(A) the total amount due each month, including any fees;
(B) to the degree practicable, a summary of any past
litigation between the the owner and any former or current
tenants;
(C) a description of any ongoing pest and maintenance
issues; and
(D) the amount rent increase for the property in each of
the 10 previous years.
(c) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Bureau of Consumer Financial
Protection and the Federal Trade Commission shall issue a
rule that--
(1) defines the term ``junk fee'' with respect to rental
housing; and
(2) finds the furnishing of any information about a unpaid
junk fee (as such term is defined pursuant to paragraph (1))
to a consumer reporting agency to be a unfair or
unconscionable means to collect or attempt to collect debt in
violation of section 808 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692f).
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