Court filing
Bill text (engrossed House) — H.R. 7301, Emergency Housing Protections and Relief Act of 2020 (2020-07-01)
Filed July 1, 2020 in Hr7301 Emergency Housing Relief; one of 3 filings from this case.
Record facts
| Court | U.S. Congress |
|---|---|
| Filed | 2020-07-01 |
Full text
116TH CONGRESS 2D SESSION H. R. 7301 AN ACT To prevent evictions, foreclosures, and unsafe housing condi- tions resulting from the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 2 •HR 7301 EH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Emergency Housing Protections and Relief Act of 3 2020’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 Sec. 1. Short title; table of contents. TITLE I—PROTECTING RENTERS AND HOMEOWNERS FROM EVICTIONS AND FORECLOSURES Sec. 101. Emergency rental assistance. Sec. 102. Homeowner Assistance Fund. Sec. 103. Protecting renters and homeowners from evictions and foreclosures. Sec. 104. Liquidity for mortgage servicers and residential rental property own- ers. Sec. 105. Rural rental assistance. Sec. 106. Funding for public housing and tenant-based rental assistance. Sec. 107. Supplemental funding for supportive housing for the elderly, sup- portive housing for persons with disabilities, supportive housing for persons with AIDS, and project-based section 8 rental as- sistance. Sec. 108. Fair Housing. Sec. 109. Funding for housing counseling services. TITLE II—PROTECTING PEOPLE EXPERIENCING HOMELESSNESS Sec. 201. Homeless assistance funding. Sec. 202. Emergency rental assistance voucher program. TITLE I—PROTECTING RENTERS 7 AND HOMEOWNERS FROM 8 EVICTIONS AND FORE- 9 CLOSURES 10 SEC. 101. EMERGENCY RENTAL ASSISTANCE. 11 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated to the Secretary of Housing 13 and Urban Development (referred to in this section as the 14 ‘‘Secretary’’) $100,000,000,000 for an additional amount 15 3 •HR 7301 EH for grants under the Emergency Solutions Grants pro- 1 gram under subtitle B of title IV of the McKinney-Vento 2 Homeless Assistance Act (42 U.S.C. 11371 et seq.), to 3 remain available until expended (subject to subsections (d) 4 and (n) of this section), to be used for providing short- 5 or medium-term assistance with rent and rent-related 6 costs (including tenant-paid utility costs, utility- and rent- 7 arrears, fees charged for those arrears, and security and 8 utility deposits) in accordance with paragraphs (4) and (5) 9 of section 415(a) of such Act (42 U.S.C. 11374(a)) and 10 this section. 11 (b) DEFINITION OF AT RISK OF HOMELESSNESS.— 12 Notwithstanding section 401(1) of the McKinney-Vento 13 Homeless Assistance Act (42 U.S.C. 11360(1)), for pur- 14 poses of assistance made available with amounts made 15 available pursuant to subsection (a), the term ‘‘at risk of 16 homelessness’’ means, with respect to an individual or 17 family, that the individual or family— 18 (1) has an income below 80 percent of the me- 19 dian income for the area as determined by the Sec- 20 retary; and 21 (2) has an inability to attain or maintain hous- 22 ing stability or has insufficient resources to pay for 23 rent or utilities due to financial hardships. 24 4 •HR 7301 EH (c) INCOME TARGETING AND CALCULATION.—For 1 purposes of assistance made available with amounts made 2 available pursuant to subsection (a)— 3 (1) each recipient of such amounts shall use— 4 (A) not less than 40 percent of the 5 amounts received only for providing assistance 6 for individuals or families experiencing home- 7 lessness, or for persons or families at risk of 8 homelessness who have incomes not exceeding 9 30 percent of the median income for the area 10 as determined by the Secretary; 11 (B) not less than 70 percent of the 12 amounts received only for providing assistance 13 for individuals or families experiencing home- 14 lessness, or for persons or families at risk of 15 homelessness who have incomes not exceeding 16 50 percent of the median income for the area 17 as determined by the Secretary; and 18 (C) the remainder of the amounts received 19 only for providing assistance to individuals or 20 families experiencing homelessness, or for per- 21 sons or families at risk of homelessness who 22 have incomes not exceeding 80 percent of the 23 median income for the area as determined by 24 the Secretary, but such recipient may establish 25 5 •HR 7301 EH a higher percentage limit for purposes of sub- 1 section (b)(1), which shall not in any case ex- 2 ceed 120 percent of the area median income, if 3 the recipient states that it will serve such popu- 4 lation in its plan; and 5 (2) in determining the income of a household 6 for homelessness prevention assistance— 7 (A) the calculation of income performed at 8 the time of application for such assistance, in- 9 cluding arrearages, shall consider only income 10 that the household is currently receiving at such 11 time and any income recently terminated shall 12 not be included; 13 (B) any calculation of income performed 14 with respect to households receiving ongoing as- 15 sistance (such as medium-term rental assist- 16 ance) 3 months after initial receipt of assist- 17 ance shall consider only the income that the 18 household is receiving at the time of such re- 19 view; and 20 (C) the calculation of income performed 21 with respect to households receiving assistance 22 for arrearages shall consider only the income 23 that the household was receiving at the time 24 such arrearages were incurred. 25 6 •HR 7301 EH (d) 3-YEAR AVAILABILITY.— 1 (1) IN GENERAL.—Each recipient of amounts 2 made available pursuant to subsection (a) shall— 3 (A) expend not less than 60 percent of 4 such grant amounts within 2 years of the date 5 that such funds became available to the recipi- 6 ent for obligation; and 7 (B) expend 100 percent of such grant 8 amounts within 3 years of such date. 9 (2) REALLOCATION AFTER 2 YEARS.—The Sec- 10 retary may recapture any amounts not expended in 11 compliance with paragraph (1)(A) and reallocate 12 such amounts to recipients in compliance with the 13 formula referred to in subsection (h)(1)(A). 14 (e) RENT RESTRICTIONS.— 15 (1) INAPPLICABILITY.—Section 576.106(d) of 16 title 24, Code of Federal Regulations, shall not 17 apply with respect to homelessness prevention assist- 18 ance made available with amounts made available 19 under subsection (a). 20 (2) AMOUNT OF RENTAL ASSISTANCE.—In pro- 21 viding homelessness prevention assistance with 22 amounts made available under subsection (a), the 23 maximum amount of rental assistance that may be 24 provided shall be the greater of— 25 7 •HR 7301 EH (A) 120 percent of the higher of— 1 (i) the Fair Market Rent established 2 by the Secretary for the metropolitan area 3 or county; or 4 (ii) the applicable Small Area Fair 5 Market Rent established by the Secretary; 6 or 7 (B) such higher amount as the Secretary 8 shall determine is needed to cover market rents 9 in the area. 10 (f) SUBLEASES.—A recipient shall not be prohibited 11 from providing assistance authorized under subsection (a) 12 with respect to subleases that are valid under State law. 13 (g) HOUSING RELOCATION OR STABILIZATION AC- 14 TIVITIES.—A recipient of amounts made available pursu- 15 ant to subsection (a) may expend up to 25 percent of its 16 allocation for activities under section 415(a)(5) of the 17 McKinney-Vento Homeless Assistance Act (42 U.S.C. 18 11374(a)(5)), except that notwithstanding such section, 19 activities authorized under this subsection may be pro- 20 vided only for individuals or families who have incomes 21 not exceeding 50 percent of the area median income and 22 meet the criteria in subsection (b)(2) of this section or 23 section 103 of the McKinney-Vento Homeless Assistance 24 Act (42 U.S.C. 11302). This subsection shall not apply 25 8 •HR 7301 EH to rent-related costs that are specifically authorized under 1 subsection (a) of this section. 2 (h) ALLOCATION OF ASSISTANCE.— 3 (1) IN GENERAL.—In allocating amounts made 4 available pursuant to subsection (a), the Secretary 5 shall— 6 (A)(i) for any purpose authorized in this 7 section— 8 (I) allocate 2 percent of such amount 9 for Indian tribes and tribally designated 10 housing entities (as such terms are defined 11 in section 4 of the Native American Hous- 12 ing Assistance and Self-Determination Act 13 of 1996 (25 U.S.C. 4103)) under the for- 14 mula established pursuant to section 302 15 of such Act (25 U.S.C. 4152), except that 16 0.3 percent of the amount allocated under 17 this clause shall be allocated for the De- 18 partment of Hawaiian Home Lands; and 19 (II) allocate 0.3 percent of such 20 amount for the Virgin Islands, Guam, 21 American Samoa, and the Northern Mar- 22 iana Islands; 23 (ii) not later than 30 days after the date 24 of enactment of this Act, obligate and disburse 25 9 •HR 7301 EH the amounts allocated pursuant to clause (i) in 1 accordance with such allocations and provide 2 such recipient with any necessary guidance for 3 use of the funds; and 4 (B)(i) not later than 7 days after the date 5 of enactment of this Act and after setting aside 6 amounts under subparagraph (A), allocate 50 7 percent of any such remaining amounts under 8 the formula specified in subsections (a), (b), 9 and (e) of section 414 of the McKinney-Vento 10 Homeless Assistance Act (42 U.S.C. 11373) 11 for, and notify, each State, metropolitan city, 12 and urban county that is to receive a direct 13 grant of such amounts; and 14 (ii) not later than 30 days after the date 15 of enactment of this Act, obligate and disburse 16 the amounts allocated pursuant to clause (i) in 17 accordance with such allocations and provide 18 such recipient with any necessary guidance for 19 use of the funds; and 20 (C)(i) not later than 45 days after the date 21 of enactment of this Act, allocate any remaining 22 amounts for eligible recipients according to a 23 formula to be developed by the Secretary that 24 takes into consideration the formula referred to 25 10 •HR 7301 EH in subparagraph (A) and the need for emer- 1 gency rental assistance under this section, in- 2 cluding the severe housing cost burden among 3 extremely low- and very low-income renters and 4 disruptions in housing and economic conditions, 5 including unemployment; and 6 (ii) not later than 30 days after the date 7 of the allocation of such amounts pursuant to 8 clause (i), obligate and disburse such amounts 9 in accordance with such allocations. 10 (2) ALLOCATIONS TO STATES.— 11 (A) IN GENERAL.—Notwithstanding sub- 12 section (a) of section 414 of the McKinney- 13 Vento Homeless Assistance Act (42 U.S.C. 14 11373(a)) and section 576.202(a) of title 24, 15 Code of Federal Regulations, a State recipient 16 of an allocation under this section may elect to 17 use up to 100 percent of its allocation to carry 18 out activities eligible under this section directly. 19 (B) REQUIREMENT.—Any State recipient 20 making an election described in subparagraph 21 (A) shall serve households throughout the entire 22 State, including households in rural commu- 23 nities and small towns. 24 11 •HR 7301 EH (3) ELECTION NOT TO ADMINISTER.—If a re- 1 cipient other than a State elects not to receive funds 2 under this section, such funds shall be allocated to 3 the State recipient in which the recipient is located. 4 (4) PARTNERSHIPS, SUBGRANTS, AND CON- 5 TRACTS.—A recipient of a grant under this section 6 may distribute funds through partnerships, sub- 7 grants, or contracts with an entity, such as a public 8 housing agency (as such term is defined in section 9 3(b) of the United States Housing Act of 1937 (42 10 U.S.C. 1437a(b))), that is capable of carrying activi- 11 ties under this section. 12 (5) REVISION TO RULE.—The Secretary shall 13 revise section 576.3 of tile 24, Code of Federal Reg- 14 ulations, to change the set aside for allocation to the 15 territories to exactly 0.3 percent. 16 (i) INAPPLICABILITY OF MATCHING REQUIRE- 17 MENT.—Subsection (a) of section 416 of the McKinney- 18 Vento Homeless Assistance Act (42 U.S.C. 11375(a)) 19 shall not apply to any amounts made available pursuant 20 to subsection (a) of this section. 21 (j) REIMBURSEMENT OF ELIGIBLE ACTIVITIES.— 22 Amounts made available pursuant to subsection (a) may 23 be used by a recipient to reimburse expenditures incurred 24 12 •HR 7301 EH for eligible activities under this section after March 27, 1 2020. 2 (k) PROHIBITION ON PREREQUISITES.—None of the 3 funds made available pursuant to this section may be used 4 to require any individual receiving assistance under the 5 program under this section to receive treatment or per- 6 form any other prerequisite activities as a condition for 7 receiving shelter, housing, or other services. 8 (l) WAIVERS AND ALTERNATIVE REQUIREMENTS.— 9 (1) IN GENERAL.— 10 (A) AUTHORITY.—In administering the 11 amounts made available pursuant to subsection 12 (a), the Secretary may waive, or specify alter- 13 native requirements for, any provision of any 14 statute or regulation that the Secretary admin- 15 isters in connection with the obligation by the 16 Secretary or the use by the recipient of such 17 amounts (except for requirements related to fair 18 housing, nondiscrimination, labor standards, 19 prohibition on prerequisites, minimum data re- 20 porting, and the environment), if the Secretary 21 finds that good cause exists for the waiver or 22 alternative requirement and such waiver or al- 23 ternative requirement is necessary to expedite 24 the use of funds made available pursuant to 25 13 •HR 7301 EH this section, to respond to public health orders 1 or conditions related to the COVID-19 emer- 2 gency, or to ensure that eligible individuals can 3 attain or maintain housing stability. 4 (B) PUBLIC NOTICE.—The Secretary shall 5 notify the public through the Federal Register 6 or other appropriate means of any waiver or al- 7 ternative requirement under this paragraph, 8 and that such public notice shall be provided, at 9 a minimum, on the internet at the appropriate 10 Government website or through other electronic 11 media, as determined by the Secretary. 12 (C) ELIGIBILITY REQUIREMENTS.—Eligi- 13 bility for rental assistance or housing relocation 14 and stabilization services shall not be restricted 15 based upon the prior receipt of assistance under 16 the program during the preceding three years. 17 (2) PUBLIC HEARINGS.— 18 (A) INAPPLICABILITY OF IN-PERSON HEAR- 19 ING REQUIREMENTS DURING THE COVID-19 20 EMERGENCY.— 21 (i) IN GENERAL.—A recipient under 22 this section shall not be required to hold 23 in-person public hearings in connection 24 with its citizen participation plan, but shall 25 14 •HR 7301 EH provide citizens with notice, including pub- 1 lication of its plan for carrying out this 2 section on the internet, and a reasonable 3 opportunity to comment of not less than 5 4 days. 5 (ii) RESUMPTION OF IN-PERSON 6 HEARING REQUIREMENTS.—After the pe- 7 riod beginning on the date of enactment of 8 this Act and ending on the date of the ter- 9 mination by the Federal Emergency Man- 10 agement Agency of the emergency declared 11 on March 13, 2020, by the President 12 under the Robert T. Stafford Disaster Re- 13 lief and Emergency Assistance Act (42 14 U.S.C. 4121 et seq.) relating to the 15 Coronavirus Disease 2019 (COVID-19) 16 pandemic, and after the period described 17 in subparagraph (B), the Secretary shall 18 direct recipients under this section to re- 19 sume pre-crisis public hearing require- 20 ments. 21 (B) VIRTUAL PUBLIC HEARINGS.— 22 (i) IN GENERAL.—During the period 23 that national or local health authorities 24 recommend social distancing and limiting 25 15 •HR 7301 EH public gatherings for public health reasons, 1 a recipient may fulfill applicable public 2 hearing requirements for all grants from 3 funds made available pursuant to this sec- 4 tion by carrying out virtual public hear- 5 ings. 6 (ii) REQUIREMENTS.—Any virtual 7 hearings held under clause (i) by a recipi- 8 ent under this section shall provide reason- 9 able notification and access for citizens in 10 accordance with the recipient’s certifi- 11 cations, timely responses from local offi- 12 cials to all citizen questions and issues, 13 and public access to all questions and re- 14 sponses. 15 (m) CONSULTATION.—In addition to any other cit- 16 izen participation and consultation requirements, in devel- 17 oping and implementing a plan to carry out this section, 18 each recipient of funds made available pursuant to this 19 section shall consult with the applicable Continuum or 20 Continuums of Care for the area served by the recipient 21 and organizations representing underserved communities 22 and populations and organizations with expertise in af- 23 fordable housing, fair housing, and services for people with 24 disabilities. 25 16 •HR 7301 EH (n) ADMINISTRATION.— 1 (1) BY SECRETARY.—Of any amounts made 2 available pursuant to subsection (a)— 3 (A) not more than the lesser of 0.5 per- 4 cent, or $15,000,000, may be used by the Sec- 5 retary for staffing, training, technical assist- 6 ance, technology, monitoring, research, and 7 evaluation activities necessary to carry out the 8 program carried out under this section, and 9 such amounts shall remain available until Sep- 10 tember 30, 2024; and 11 (B) not more than $2,000,000 shall be 12 available to the Office of the Inspector General 13 for audits and investigations of the program au- 14 thorized under this section. 15 (2) BY RECIPIENTS.—Notwithstanding section 16 576.108 of title 24 of the Code of Federal Regula- 17 tions, with respect to amounts made available pursu- 18 ant to this section, a recipient may use up to 10 per- 19 cent of the recipient’s grant for payment of adminis- 20 trative costs related to the planning and execution of 21 activities. 22 SEC. 102. HOMEOWNER ASSISTANCE FUND. 23 (a) DEFINITIONS.—In this section: 24 17 •HR 7301 EH (1) FUND.—The term ‘‘Fund’’ means the 1 Homeowner Assistance Fund established under sub- 2 section (b). 3 (2) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of the Treasury. 5 (3) STATE.—The term ‘‘State’’ means any 6 State of the United States, the District of Columbia, 7 any territory of the United States, Puerto Rico, 8 Guam, American Samoa, the Virgin Islands, and the 9 Northern Mariana Islands. 10 (b) ESTABLISHMENT OF FUND.—There is estab- 11 lished at the Department of the Treasury a Homeowner 12 Assistance Fund to provide such funds as are made avail- 13 able under subsection (g) to State housing finance agen- 14 cies for the purpose of preventing homeowner mortgage 15 defaults, foreclosures, and displacements of individuals 16 and families experiencing financial hardship after January 17 21, 2020. 18 (c) ALLOCATION OF FUNDS.— 19 (1) ADMINISTRATION.—Of any amounts made 20 available for the Fund, the Secretary of the Treas- 21 ury may allocate, in the aggregate, an amount not 22 exceeding 5 percent— 23 (A) to the Office of Financial Stability es- 24 tablished under section 101(a) of the Emer- 25 18 •HR 7301 EH gency Economic Stabilization Act of 2008 (12 1 U.S.C. 5211(a)) to administer and oversee the 2 Fund, and to provide technical assistance to 3 States for the creation and implementation of 4 State programs to administer assistance from 5 the Fund; and 6 (B) to the Inspector General of the De- 7 partment of the Treasury for oversight of the 8 program under this section. 9 (2) FOR STATES.—The Secretary shall establish 10 such criteria as are necessary to allocate the funds 11 available within the Fund for each State. The Sec- 12 retary shall allocate such funds among all States 13 taking into consideration the number of unemploy- 14 ment claims within a State relative to the nationwide 15 number of unemployment claims. 16 (3) SMALL STATE MINIMUM.—The amount allo- 17 cated for each State shall not be less than 18 $250,000,000. 19 (4) SET-ASIDE FOR INSULAR AREAS.—Notwith- 20 standing any other provision of this section, of any 21 amounts authorized to be appropriated pursuant to 22 subsection (g), the Secretary shall reserve 23 $200,000,000 to be disbursed to Guam, American 24 Samoa, the Virgin Islands, and the Northern Mar- 25 19 •HR 7301 EH iana Islands based on each such territory’s share of 1 the combined total population of all such territories, 2 as determined by the Secretary. For the purposes of 3 this paragraph, population shall be determined based 4 on the most recent year for which data are available 5 from the United States Census Bureau. 6 (5) SET-ASIDE FOR INDIAN TRIBES AND NATIVE 7 HAWAIIANS.— 8 (A) INDIAN TRIBES.—Notwithstanding any 9 other provision of this section, of any amounts 10 authorized to be appropriated pursuant to sub- 11 section (g), the Secretary shall use 5 percent to 12 make grants in accordance with subsection (f) 13 to eligible recipients for the purposes described 14 in subsection (e)(1). 15 (B) NATIVE HAWAIIANS.— Of the funds 16 set aside under subparagraph (A), the Sec- 17 retary shall use 0.3 percent to make grants to 18 the Department of Hawaiian Home Lands in 19 accordance with subsection (f) for the purposes 20 described in subsection (e)(1). 21 (d) DISBURSEMENT OF FUNDS.— 22 (1) ADMINISTRATION.—Except for amounts 23 made available for assistance under subsection (f), 24 State housing finance agencies shall be primarily re- 25 20 •HR 7301 EH sponsible for administering amounts disbursed from 1 the Fund, but may delegate responsibilities and sub- 2 allocate amounts to community development finan- 3 cial institutions and State agencies that administer 4 Low-Income Home Energy Assistance Program of 5 the Department of Health and Human Services. 6 (2) NOTICE OF FUNDING.—The Secretary shall 7 provide public notice of the amounts that will be 8 made available to each State and the method used 9 for determining such amounts not later than the ex- 10 piration of the 14-day period beginning on the date 11 of the enactment of this Act of enactment. 12 (3) SHFA PLANS.— 13 (A) ELIGIBILITY.—To be eligible to receive 14 funding allocated for a State under the section, 15 a State housing finance agency for the State 16 shall submit to the Secretary a plan for the im- 17 plementation of State programs to administer, 18 in part or in full, the amount of funding the 19 state is eligible to receive, which shall provide 20 for the commencement of receipt of applications 21 by homeowners for assistance, and funding of 22 such applications, not later than the expiration 23 of the 6-month period beginning upon the ap- 24 proval under this paragraph of such plan. 25 21 •HR 7301 EH (B) MULTIPLE PLANS.—. A State housing 1 finance agency may submit multiple plans, each 2 covering a separate portion of funding for 3 which the State is eligible. 4 (C) TIMING.—The Secretary shall approve 5 or disapprove a plan within 30 days after the 6 plan’s submission and, if disapproved, explain 7 why the plan could not be approved. 8 (D) DISBURSEMENT UPON APPROVAL.— 9 The Secretary shall disburse to a State housing 10 finance agency the appropriate amount of fund- 11 ing upon approval of the agency’s plan. 12 (E) AMENDMENTS.—A State housing fi- 13 nance agency may subsequently amend a plan 14 that has previously been approved, provided 15 that any plan amendment shall be subject to 16 the approval of the Secretary. The Secretary 17 shall approve any plan amendment or dis- 18 approve such amendment explain why the plan 19 amendment could not be approved within 45 20 days after submission to the Secretary of such 21 amendment. 22 (F) TECHNICAL ASSISTANCE.—The Sec- 23 retary shall provide technical assistance for any 24 22 •HR 7301 EH State housing finance agency that twice fails to 1 have a submitted plan approved. 2 (4) PLAN TEMPLATES.—The Secretary shall, 3 not later than 30 days after the date of the enact- 4 ment of this Act, publish templates that States may 5 utilize in drafting the plans required under para- 6 graph (3)(A). The template plans shall include 7 standard program terms and requirements, as well 8 as any required legal language, which State housing 9 finance agencies may modify with the consent of the 10 Secretary. 11 (e) PERMISSIBLE USES OF FUND.— 12 (1) IN GENERAL.—Funds made available to 13 State housing finance agencies pursuant to this sec- 14 tion may be used for the purposes established under 15 subsection (b), which may include— 16 (A) mortgage payment assistance, includ- 17 ing financial assistance to allow a borrower to 18 reinstate their mortgage or to achieve a more 19 affordable mortgage payment, which may in- 20 clude principal reduction or rate reduction, pro- 21 vided that any mortgage payment assistance is 22 tailored to a borrower’s needs and their ability 23 to repay, and takes into consideration the loss 24 mitigation options available to the borrower; 25 23 •HR 7301 EH (B) assistance with payment of taxes, haz- 1 ard insurance, flood insurance, mortgage insur- 2 ance, or homeowners’ association fees; 3 (C) utility payment assistance, including 4 electric, gas, water, and internet service, includ- 5 ing broadband internet access service (as such 6 term is defined in section 8.1(b) of title 47, 7 Code of Federal Regulations (or any successor 8 regulation)); 9 (D) reimbursement of funds expended by a 10 State or local government during the period be- 11 ginning on January 21, 2020, and ending on 12 the date that the first funds are disbursed by 13 the State under the Fund, for the purpose of 14 providing housing or utility assistance to indi- 15 viduals or otherwise providing funds to prevent 16 foreclosure or eviction of a homeowner or pre- 17 vent mortgage delinquency or loss of housing or 18 critical utilities as a response to the coronavirus 19 disease 2019 (COVID–19) pandemic; and 20 (E) any other assistance for homeowners 21 to prevent eviction, mortgage delinquency or de- 22 fault, foreclosure, or the loss of essential utility 23 services. 24 (2) TARGETING.— 25 24 •HR 7301 EH (A) REQUIREMENT.—Not less than 60 per- 1 cent of amounts made available for each State 2 or other entity allocated amounts under sub- 3 section (c) shall be used for activities under 4 paragraph (1) that assist homeowners having 5 incomes equal to or less than 80 percent of the 6 area median income. 7 (B) DETERMINATION OF INCOME.— In de- 8 termining the income of a household for pur- 9 poses of this paragraph, income shall be consid- 10 ered to include only income that the household 11 is receiving at the time of application for assist- 12 ance from the Fund and any income recently 13 terminated shall not be included, except that for 14 purposes of households receiving assistance for 15 arrearages income shall include only the income 16 that the household was receiving at the time 17 such arrearages were incurred. 18 (C) LANGUAGE ASSISTANCE.—Each State 19 housing finance agency or other entity allocated 20 amounts under subsection (c) shall make avail- 21 able to each applicant for assistance from 22 amounts from the Fund language assistance in 23 any language that such language assistance is 24 available in and shall provide notice to each 25 25 •HR 7301 EH such applicant that such language assistance is 1 available. 2 (3) ADMINISTRATIVE EXPENSES.—Not more 3 than 15 percent of the amount allocated to a State 4 pursuant to subsection (c) may be used by a State 5 housing financing agency for administrative ex- 6 penses. Any amounts allocated to administrative ex- 7 penses that are no longer necessary for administra- 8 tive expenses may be used in accordance with para- 9 graph (1). 10 (f) TRIBAL AND NATIVE HAWAIIAN ASSISTANCE.— 11 (1) DEFINITIONS.—In this subsection: 12 (A) DEPARTMENT OF HAWAIIAN HOME 13 LANDS.—The term ‘‘Department of Hawaiian 14 Home Lands’’ has the meaning given the term 15 in section 801 of the Native American Housing 16 Assistance and Self-Determination Act of 1996 17 (42 U.S.C. 4221). 18 (B) ELIGIBLE RECIPIENT.—The term ‘‘eli- 19 gible recipient’’ means any entity eligible to re- 20 ceive a grant under section 101 of the Native 21 American Housing Assistance and Self-Deter- 22 mination Act of 1996 (25 U.S.C. 4111). 23 (2) REQUIREMENTS.— 24 26 •HR 7301 EH (A) ALLOCATION.—Except for the funds 1 set aside under subsection (c)(5)(B), the Sec- 2 retary shall allocate the funds set aside under 3 subsection (c)(5)(A) using the allocation for- 4 mula described in subpart D of part 1000 of 5 title 24, Code of Federal Regulations (or any 6 successor regulations). 7 (B) NATIVE HAWAIIANS.—The Secretary 8 shall use the funds made available under sub- 9 section (c)(5)(B) in accordance with part 1006 10 of title 24, Code of Federal Regulations (or suc- 11 cessor regulations). 12 (3) TRANSFER.—The Secretary shall transfer 13 any funds made available under subsection (c)(5) 14 that have not been allocated by an eligible recipient 15 or the Department of Hawaiian Home Lands, as ap- 16 plicable, to provide the assistance described in sub- 17 section (e)(1) by December 31, 2030, to the Sec- 18 retary of Housing and Urban Development to carry 19 out the Native American Housing Assistance and 20 Self-Determination Act of 1996 (25 U.S.C. 4101 et 21 seq.). 22 (g) FUNDING.—There is authorized to be appro- 23 priated to the Homeowner Assistance Fund established 24 under subsection (b) $75,000,000,000, to remain available 25 27 •HR 7301 EH until expended or transferred or credited under subsection 1 (i). 2 (h) USE OF HOUSING FINANCE AGENCY INNOVATION 3 FUND FOR THE HARDEST HIT HOUSING MARKETS 4 FUNDS.—A State housing finance agency may reallocate 5 any administrative or programmatic funds it has received 6 as an allocation from the Housing Finance Agency Inno- 7 vation Fund for the Hardest Hit Housing Markets created 8 pursuant to section 101(a) of the Emergency Economic 9 Stabilization Act of 2008 (12 U.S.C. 5211(a)) that have 10 not been otherwise allocated or disbursed as of the date 11 of enactment of this Act to supplement any administrative 12 or programmatic funds received from the Housing Assist- 13 ance Fund. Such reallocated funds shall not be considered 14 when allocating resources from the Housing Assistance 15 Fund using the process established under subsection (c) 16 and shall remain available for the uses permitted and 17 under the terms and conditions established by the contract 18 with Secretary created pursuant to subsection (d)(1) and 19 the terms of subsection (i). 20 (i) REPORTING REQUIREMENTS.—The Secretary 21 shall provide public reports not less frequently than quar- 22 terly regarding the use of funds provided by the Home- 23 owner Assistance Fund. Such reports shall include the fol- 24 lowing data by State and by program within each State, 25 28 •HR 7301 EH both for the past quarter and throughout the life of the 1 program— 2 (1) the amount of funds allocated; 3 (2) the amount of funds disbursed; 4 (3) the number of households and individuals 5 assisted; 6 (4) the acceptance rate of applicants; 7 (5) the type or types of assistance provided to 8 each household; 9 (6) whether the household assisted had a feder- 10 ally backed loan and identification of the Federal en- 11 tity backing such loan; 12 (7) the average amount of funding provided per 13 household receiving assistance and per type of as- 14 sistance provided; 15 (8) the average number of monthly payments 16 that were covered by the funding amount that a 17 household received, as applicable, disaggregated by 18 type of assistance provided; 19 (9) the income level of each household receiving 20 assistance; and 21 (10) the outcome 12 months after the house- 22 hold has received assistance. 23 Each report under this subsection shall disaggregate the 24 information provided under paragraphs (3) through (10) 25 29 •HR 7301 EH by State, zip code, racial and ethnic composition of the 1 household, and whether or not the person from the house- 2 hold applying for assistance speaks English as a second 3 language. 4 SEC. 103. PROTECTING RENTERS AND HOMEOWNERS FROM 5 EVICTIONS AND FORECLOSURES. 6 (a) EVICTION MORATORIUM.—The CARES Act is 7 amended by striking section 4024 (15 U.S.C. 9058; Public 8 Law 116–136; 134 Stat. 492) and inserting the following 9 new section: 10 ‘‘SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FIL- 11 INGS. 12 ‘‘(a) CONGRESSIONAL FINDINGS.—The Congress 13 finds that— 14 ‘‘(1) according to the 2018 American Commu- 15 nity Survey, 36 percent of households in the United 16 States—more than 43 million households—are rent- 17 ers; 18 ‘‘(2) in 2019 alone, renters in the United States 19 paid $512 billion in rent; 20 ‘‘(3) according to the Joint Center for Housing 21 Studies of Harvard University, 20.8 million renters 22 in the United States spent more than 30 percent of 23 their incomes on housing in 2018 and 10.9 million 24 30 •HR 7301 EH renters spent more than 50 percent of their incomes 1 on housing in the same year; 2 ‘‘(4) according to data from the Department of 3 Labor, more than 30 million people have filed for 4 unemployment since the COVID-19 pandemic began; 5 ‘‘(5) the impacts of the spread of COVID-19, 6 which is now considered a global pandemic, are ex- 7 pected to negatively impact the incomes of poten- 8 tially millions of renter households, making it dif- 9 ficult for them to pay their rent on time; and 10 ‘‘(6) evictions in the current environment would 11 increase homelessness and housing instability which 12 would be counterproductive towards the public 13 health goals of keeping individuals in their homes to 14 the greatest extent possible. 15 ‘‘(b) MORATORIUM.—During the period beginning on 16 the date of the enactment of this Act and ending 12 17 months after such date of enactment, the lessor of a cov- 18 ered dwelling located in such State may not make, or 19 cause to be made, any filing with the court of jurisdiction 20 to initiate a legal action to recover possession of the cov- 21 ered dwelling from the tenant for nonpayment of rent or 22 other fees or charges. 23 ‘‘(c) DEFINITIONS.—For purposes of this section, the 24 following definitions shall apply: 25 31 •HR 7301 EH ‘‘(1) COVERED DWELLING.—The term ‘covered 1 dwelling’ means a dwelling that is occupied by a ten- 2 ant— 3 ‘‘(A) pursuant to a residential lease; or 4 ‘‘(B) without a lease or with a lease ter- 5 minable at will under State law. 6 ‘‘(2) DWELLING.—The term ‘dwelling’ has the 7 meaning given such term in section 802 of the Fair 8 Housing Act (42 U.S.C. 3602) and includes houses 9 and dwellings described in section 803(b) of such 10 Act (42 U.S.C. 3603(b)). 11 ‘‘(d) NOTICE TO VACATE AFTER MORATORIUM EXPI- 12 RATION DATE.—After the expiration of the period de- 13 scribed in subsection (b), the lessor of a covered dwelling 14 may not require the tenant to vacate the covered dwelling 15 by reason of nonpayment of rent or other fees or charges 16 before the expiration of the 30-day period that begins 17 upon the provision by the lessor to the tenant, after the 18 expiration of the period described in subsection (b), of a 19 notice to vacate the covered dwelling.’’. 20 (b) MORTGAGE RELIEF.— 21 (1) FORBEARANCE AND FORECLOSURE MORA- 22 TORIUM FOR COVERED MORTGAGE LOANS.—Section 23 4022 of the CARES Act (15 U.S.C. 9056) is 24 amended— 25 32 •HR 7301 EH (A) by striking ‘‘Federally backed mort- 1 gage loan’’ each place such term appears and 2 inserting ‘‘covered mortgage loan’’; and 3 (B) in subsection (a)— 4 (i) by amending paragraph (2) to read 5 as follows: 6 ‘‘(2) COVERED MORTGAGE LOAN.—The term 7 ‘covered mortgage loan’ means any credit trans- 8 action that is secured by a mortgage, deed of trust, 9 or other equivalent consensual security interest on a 10 1- to 4-unit dwelling or on residential real property 11 that includes a 1- to 4-unit dwelling, except that it 12 shall not include a credit transaction under an open 13 end credit plan other than a reverse mortgage.’’; and 14 (ii) by adding at the end the fol- 15 lowing: 16 ‘‘(3) COVERED PERIOD.—With respect to a 17 loan, the term ‘covered period’ means the period be- 18 ginning on the date of enactment of this Act and 19 ending 12 months after such date of enactment.’’. 20 (2) AUTOMATIC FORBEARANCE FOR DELIN- 21 QUENT BORROWERS.—Section 4022(c) of the 22 CARES Act (15 U.S.C. 9056(c)), as amended by 23 paragraph (5) of this subsection, is further amended 24 by adding at the end the following: 25 33 •HR 7301 EH ‘‘(9) AUTOMATIC FORBEARANCE FOR DELIN- 1 QUENT BORROWERS.— 2 ‘‘(A) IN GENERAL.—Notwithstanding any 3 other law governing forbearance relief— 4 ‘‘(i) any borrower whose covered mort- 5 gage loan became 60 days delinquent be- 6 tween March 13, 2020, and the date of en- 7 actment of this paragraph, and who has 8 not already received a forbearance under 9 subsection (b), shall automatically be 10 granted a 60-day forbearance that begins 11 on the date of enactment of this para- 12 graph, provided that a borrower shall not 13 be considered delinquent for purposes of 14 this paragraph while making timely pay- 15 ments or otherwise performing under a 16 trial modification or other loss mitigation 17 agreement; and 18 ‘‘(ii) any borrower whose covered 19 mortgage loan becomes 60 days delinquent 20 between the date of enactment of this 21 paragraph and the end of the covered pe- 22 riod, and who has not already received a 23 forbearance under subsection (b), shall 24 automatically be granted a 60-day forbear- 25 34 •HR 7301 EH ance that begins on the 60th day of delin- 1 quency, provided that a borrower shall not 2 be considered delinquent for purposes of 3 this paragraph while making timely pay- 4 ments or otherwise performing under a 5 trial modification or other loss mitigation 6 agreement. 7 ‘‘(B) INITIAL EXTENSION.—An automatic 8 forbearance provided under subparagraph (A) 9 shall be extended for up to an additional 120 10 days upon the borrower’s request, oral or writ- 11 ten, submitted to the borrower’s servicer affirm- 12 ing that the borrower is experiencing a financial 13 hardship that prevents the borrower from mak- 14 ing timely payments on the covered mortgage 15 loan due, directly or indirectly, to the COVID– 16 19 emergency. 17 ‘‘(C) SUBSEQUENT EXTENSION.—A for- 18 bearance extended under subparagraph (B) 19 shall be extended for up to an additional 180 20 days, up to a maximum of 360 days (including 21 the period of automatic forbearance), upon the 22 borrower’s request, oral or written, submitted to 23 the borrower’s servicer affirming that the bor- 24 rower is experiencing a financial hardship that 25 35 •HR 7301 EH prevents the borrower from making timely pay- 1 ments on the covered mortgage loan due, di- 2 rectly or indirectly, to the COVID–19 emer- 3 gency. 4 ‘‘(D) RIGHT TO ELECT TO CONTINUE MAK- 5 ING PAYMENTS.—With respect to a forbearance 6 provided under this paragraph, the borrower of 7 such loan may elect to continue making regular 8 payments on the loan. A borrower who makes 9 such election shall be offered a loss mitigation 10 option pursuant to subsection (d) within 30 11 days of resuming regular payments to address 12 any payment deficiency during the forbearance. 13 ‘‘(E) RIGHT TO SHORTEN FORBEAR- 14 ANCE.—At a borrower’s request, any period of 15 forbearance provided under this paragraph may 16 be shortened. A borrower who makes such a re- 17 quest shall be offered a loss mitigation option 18 pursuant to subsection (d) within 30 days of re- 19 suming regular payments to address any pay- 20 ment deficiency during the forbearance. 21 ‘‘(10) AUTOMATIC FORBEARANCE FOR CERTAIN 22 REVERSE MORTGAGE LOANS.— 23 ‘‘(A) IN GENERAL.—When any covered 24 mortgage loan which is also a federally-insured 25 36 •HR 7301 EH reverse mortgage loan, during the covered pe- 1 riod, is due and payable due to the death of the 2 last borrower or end of a deferral period or eli- 3 gible to be called due and payable due to a 4 property charge default, or if the borrower de- 5 faults on a property charge repayment plan, or 6 if the borrower defaults for failure to complete 7 property repairs, or if an obligation of the bor- 8 rower under the Security Instrument is not per- 9 formed, the mortgagee automatically shall be 10 granted a six-month extension of— 11 ‘‘(i) the mortgagee’s deadline to re- 12 quest due and payable status from the De- 13 partment of Housing and Urban Develop- 14 ment; 15 ‘‘(ii) the mortgage’s deadline to send 16 notification to the mortgagor or his or her 17 heirs that the loan is due and payable; 18 ‘‘(iii) the deadline to initiate fore- 19 closure; 20 ‘‘(iv) any reasonable diligence period 21 related to foreclosure or the Mortgagee Op- 22 tional Election; 23 ‘‘(v) if applicable, the deadline to ob- 24 tain the due and payable appraisal; and 25 37 •HR 7301 EH ‘‘(vi) any claim submission deadline, 1 including the 6-month acquired property 2 marketing period. 3 ‘‘(B) FORBEARANCE PERIOD.—The mort- 4 gagee shall not request due and payable status 5 from the Secretary of Housing and Urban De- 6 velopment nor initiate foreclosure during this 7 six-month period described under subparagraph 8 (A), which shall be considered a forbearance pe- 9 riod. 10 ‘‘(C) EXTENSION.—A forbearance provided 11 under subparagraph (B) and related deadline 12 extension authorized under subparagraph (A) 13 shall be extended for an additional 180 days 14 upon— 15 ‘‘(i) the borrower’s request, oral or 16 written, submitted to the borrower’s 17 servicer affirming that the borrower is ex- 18 periencing a financial hardship that pre- 19 vents the borrower from making payments 20 on property charges, completing property 21 repairs, or performing an obligation of the 22 borrower under the Security Instrument 23 due, directly or indirectly, to the COVID– 24 19 emergency; 25 38 •HR 7301 EH ‘‘(ii) a non-borrowing spouse’s re- 1 quest, oral or written, submitted to the 2 servicer affirming that the non-borrowing 3 spouse has been unable to satisfy all cri- 4 teria for the Mortgagee Optional Election 5 program due, directly or indirectly, to the 6 COVID-19 emergency, or to perform all 7 actions necessary to become an eligible 8 non-borrowing spouse following the death 9 of all borrowers; or 10 ‘‘(iii) a successor-in-interest of the 11 borrower’s request, oral or written, sub- 12 mitted to the servicer affirming the heir’s 13 difficulty satisfying the reverse mortgage 14 loan due, directly or indirectly, to the 15 COVID-19 emergency. 16 ‘‘(D) CURTAILMENT OF DEBENTURE IN- 17 TEREST.—Where any covered mortgage loan 18 which is also a federally insured reverse mort- 19 gage loan is in default during the covered pe- 20 riod and subject to a prior event which provides 21 for curtailment of debenture interest in connec- 22 tion with a claim for insurance benefits, the 23 curtailment of debenture interest shall be sus- 24 39 •HR 7301 EH pended during any forbearance period provided 1 herein.’’. 2 (3) ADDITIONAL FORECLOSURE AND REPOSSES- 3 SION PROTECTIONS.—Section 4022(c) of the 4 CARES Act (15 U.S.C. 9056(c)) is amended— 5 (A) in paragraph (2), by striking ‘‘may not 6 initiate any judicial or non-judicial foreclosure 7 process, move for a foreclosure judgment or 8 order of sale, or execute a foreclosure-related 9 eviction or foreclosure sale for not less than the 10 60-day period beginning on March 18, 2020’’ 11 and inserting ‘‘may not initiate or proceed with 12 any judicial or non-judicial foreclosure process, 13 schedule a foreclosure sale, move for a fore- 14 closure judgment or order of sale, execute a 15 foreclosure related eviction or foreclosure sale 16 for six months after the date of enactment of 17 the Emergency Housing Protections and Relief 18 Act of 2020’’; and 19 (B) by adding at the end the following: 20 ‘‘(3) REPOSSESSION MORATORIUM.—In the case 21 of personal property, including any recreational or 22 motor vehicle, used as a dwelling, no person may use 23 any judicial or non-judicial procedure to repossess or 24 40 •HR 7301 EH otherwise take possession of such property for six 1 months after date of enactment of this paragraph.’’. 2 (4) MORTGAGE FORBEARANCE REFORMS.—Sec- 3 tion 4022 of the CARES Act (15 U.S.C. 9056) is 4 amended— 5 (A) in subsection (b), by striking para- 6 graphs (1), (2), and (3) and inserting the fol- 7 lowing: 8 ‘‘(1) IN GENERAL.—During the covered period, 9 a borrower with a covered mortgage loan who has 10 not obtained automatic forbearance pursuant to this 11 section and who is experiencing a financial hardship 12 that prevents the borrower from making timely pay- 13 ments on the covered mortgage loan due, directly or 14 indirectly, to the COVID–19 emergency may request 15 forbearance on the loan, regardless of delinquency 16 status, by— 17 ‘‘(A) submitting a request, orally or in 18 writing, to the servicer of the loan; and 19 ‘‘(B) affirming that the borrower is experi- 20 encing a financial hardship that prevents the 21 borrower from making timely payments on the 22 covered mortgage loan due, directly or indi- 23 rectly, to the COVID–19 emergency. 24 ‘‘(2) DURATION OF FORBEARANCE.— 25 41 •HR 7301 EH ‘‘(A) IN GENERAL.—Upon a request by a 1 borrower to a servicer for forbearance under 2 paragraph (1), such forbearance shall be grant- 3 ed by the servicer for the period requested by 4 the borrower, up to an initial length of 180 5 days, the length of which shall be extended by 6 the servicer, at the request of the borrower for 7 the period or periods requested, for a total for- 8 bearance period of up to 12-months. 9 ‘‘(B) MINIMUM FORBEARANCE 10 AMOUNTS.—For purposes of granting a forbear- 11 ance under this paragraph, a servicer may 12 grant an initial forbearance with a term of not 13 less than 90 days, provided that it is automati- 14 cally extended for an additional 90 days unless 15 the servicer confirms the borrower does not 16 want to renew the forbearance or that the bor- 17 rower is no longer experiencing a financial 18 hardship that prevents the borrower from mak- 19 ing timely mortgage payments due, directly or 20 indirectly, to the COVID–19 emergency. 21 ‘‘(C) RIGHT TO SHORTEN FORBEAR- 22 ANCE.—At a borrower’s request, any period of 23 forbearance described under this paragraph 24 may be shortened. A borrower who makes such 25 42 •HR 7301 EH a request shall be offered a loss mitigation op- 1 tion pursuant to subsection (d) within 30 days 2 of resuming regular payments to address any 3 payment deficiency during the forbearance. 4 ‘‘(3) ACCRUAL OF INTEREST OR FEES.—A 5 servicer shall not charge a borrower any fees, pen- 6 alties, or interest (beyond the amounts scheduled or 7 calculated as if the borrower made all contractual 8 payments on time and in full under the terms of the 9 mortgage contract) in connection with a forbearance, 10 provided that a servicer may offer the borrower a 11 modification option at the end of a forbearance pe- 12 riod granted hereunder that includes the capitaliza- 13 tion of past due principal and interest and escrow 14 payments as long as the borrower’s principal and in- 15 terest payment under such modification remains at 16 or below the contractual principal and interest pay- 17 ments owed under the terms of the mortgage con- 18 tract before such forbearance period except as the 19 result of a change in the index of an adjustable rate 20 mortgage. 21 ‘‘(4) COMMUNICATION WITH SERVICERS.—Any 22 communication between a borrower and a servicer 23 described under this section may be made in writing 24 or orally, at the borrower’s choice. 25 43 •HR 7301 EH ‘‘(5) COMMUNICATION WITH BORROWERS WITH 1 A DISABILITY.—Upon request from a borrower, 2 servicers shall communicate with borrowers who 3 have a disability in the borrower’s preferred method 4 of communication. For purposes of this paragraph, 5 the term ‘disability’ has the meaning given that term 6 in the Fair Housing Act, the Americans with Dis- 7 abilities Act of 1990, or the Rehabilitation Act of 8 1973.’’; and 9 (B) in subsection (c), by amending para- 10 graph (1) to read as follows: 11 ‘‘(1) NO DOCUMENTATION REQUIRED.—A 12 servicer of a covered mortgage loan shall not require 13 any documentation with respect to a forbearance 14 under this section other than the borrower’s affirma- 15 tion (oral or written) to a financial hardship that 16 prevents the borrower from making timely payments 17 on the covered mortgage loan due, directly or indi- 18 rectly, to the COVID–19 emergency. An oral request 19 for forbearance and oral affirmation of hardship by 20 the borrower shall be sufficient for the borrower to 21 obtain or extend a forbearance.’’. 22 (5) OTHER SERVICER REQUIREMENTS DURING 23 FORBEARANCE.—Section 4022(c) of the CARES Act 24 (15 U.S.C. 9056(c)), as amended by paragraph (3) 25 44 •HR 7301 EH of this subsection, is further amended by adding at 1 the end the following: 2 ‘‘(4) FORBEARANCE TERMS NOTICE.—Within 3 30 days of a servicer of a covered mortgage loan 4 providing forbearance to a borrower under sub- 5 section (b) or paragraph (9) or (10), or 10 days if 6 the forbearance is for a term of less than 60 days, 7 but only where the forbearance was provided in re- 8 sponse to a borrower’s request for forbearance or 9 when an automatic forbearance was initially pro- 10 vided under paragraph (9) or (10), and not when an 11 existing forbearance is automatically extended, the 12 servicer shall provide the borrower with a notice in 13 accordance with the terms in paragraph (5). 14 ‘‘(5) CONTENTS OF NOTICE.—The written no- 15 tice required under paragraph (4) shall state in 16 plain language— 17 ‘‘(A) the specific terms of the forbearance; 18 ‘‘(B) the beginning and ending dates of the 19 forbearance; 20 ‘‘(C) that the borrower is eligible for up to 21 12 months of forbearance; 22 ‘‘(D) that the borrower may request an ex- 23 tension of the forbearance unless the borrower 24 45 •HR 7301 EH will have reached the maximum period at the 1 end of the forbearance; 2 ‘‘(E) that the borrower may request that 3 the initial or extended period be shortened at 4 any time; 5 ‘‘(F) that the borrower should contact the 6 servicer before the end of the forbearance pe- 7 riod; 8 ‘‘(G) a description of the loss mitigation 9 options that may be available to the borrower at 10 the end of the forbearance period based on the 11 borrower’s specific loan; 12 ‘‘(H) information on how to find a housing 13 counseling agency approved by the Department 14 of Housing and Urban Development; 15 ‘‘(I) in the case of a forbearance provided 16 pursuant to paragraph (9) or (10), that the for- 17 bearance was automatically provided and how 18 to contact the servicer to make arrangements 19 for further assistance, including any renewal; 20 and 21 ‘‘(J) where applicable, that the forbearance 22 is subject to an automatic extension including 23 the terms of any such automatic extensions and 24 46 •HR 7301 EH when any further extension would require a bor- 1 rower request. 2 ‘‘(6) TREATMENT OF ESCROW ACCOUNTS.— 3 During any forbearance provided under this section, 4 a servicer shall pay or advance funds to make dis- 5 bursements in a timely manner from any escrow ac- 6 count established on the covered mortgage loan. 7 ‘‘(7) NOTIFICATION FOR BORROWERS.—During 8 the period that begins 90 days after the date of the 9 enactment of this paragraph and ends at the end of 10 the covered period, each servicer of a covered mort- 11 gage loan shall be required to— 12 ‘‘(A) make available in a clear and con- 13 spicuous manner on their webpage accurate in- 14 formation, in English and Spanish, for bor- 15 rowers regarding the availability of forbearance 16 as provided under subsection (b); and 17 ‘‘(B) notify every borrower whose pay- 18 ments on a covered mortgage loan are delin- 19 quent in any oral communication with or to the 20 borrower that the borrower may be eligible to 21 request forbearance as provided under sub- 22 section (b), except that such notice shall not be 23 required if the borrower already has requested 24 forbearance under subsection (b). 25 47 •HR 7301 EH ‘‘(8) CERTAIN TREATMENT UNDER RESPA.—As 1 long as a borrower’s payment on a covered mortgage 2 loan was not more than 30 days delinquent on 3 March 13, 2020, a servicer may not deem the bor- 4 rower as delinquent while a forbearance granted 5 under subsection (b) is in effect for purposes of the 6 application of sections 6 and 10 of the Real Estate 7 Settlement Procedures Act and any applicable regu- 8 lations.’’. 9 (6) POST-FORBEARANCE LOSS MITIGATION.— 10 (A) AMENDMENT TO CARES ACT.—Section 11 4022 of the CARES Act (15 U.S.C. 9056) is 12 amended by adding at the end the following: 13 ‘‘(d) POST-FORBEARANCE LOSS MITIGATION.— 14 ‘‘(1) NOTICE OF AVAILABILITY OF ADDITIONAL 15 FORBEARANCE.—With respect to any covered mort- 16 gage loan as to which forbearance under this section 17 has been granted and not otherwise extended, in- 18 cluding by automatic extension, a servicer shall, no 19 later than 30 days before the end of the forbearance 20 period, in writing, notify the borrower that addi- 21 tional forbearance may be available and how to re- 22 quest such forbearance, except that no such notice 23 is required where the borrower already has requested 24 an extension of the forbearance period, is subject to 25 48 •HR 7301 EH automatic extension pursuant to subsection 1 (b)(2)(B), or no additional forbearance is available. 2 ‘‘(2) LOSS MITIGATION OFFER BEFORE EXPIRA- 3 TION OF FORBEARANCE.—No later than 30 days be- 4 fore the end of any forbearance period that has not 5 been extended or 30 days after a request by a con- 6 sumer to terminate the forbearance, which time shall 7 be before the servicer initiates or engages in any 8 foreclosure activity listed in subsection (c)(2), in- 9 cluding incurring or charging to a borrower any fees 10 or corporate advances related to a foreclosure, the 11 servicer shall, in writing— 12 ‘‘(A) offer the borrower a loss mitigation 13 option, without the charging of any fees or pen- 14 alties other than interest, such that the bor- 15 rower’s principal and interest payment remains 16 the same as it was prior to the forbearance, 17 subject to any adjustment of the index pursuant 18 to the terms of an adjustable rate mortgage, 19 and that either— 20 ‘‘(i) defers the payment of total ar- 21 rearages, including any escrow advances, 22 to the end of the existing term of the loan, 23 without the charging or collection of any 24 49 •HR 7301 EH additional interest on the deferred 1 amounts; or 2 ‘‘(ii) extends the term of the mortgage 3 loan, and capitalizes, defers, or forgives all 4 escrow advances and other arrearages; 5 provided, however, that the servicer may offer 6 the borrower a loss mitigation option that re- 7 duces the principal and interest payment on the 8 loan and capitalizes, defers, or forgives all es- 9 crow advances or arrearages if the servicer has 10 information indicating that the borrower cannot 11 resume the pre-forbearance mortgage payments; 12 and 13 ‘‘(B) concurrent with the loss mitigation 14 offer in subparagraph (A), notify the borrower 15 that the borrower has the right to be evaluated 16 for other loss mitigation options if the borrower 17 is not able to make the payment under the op- 18 tion offered in subparagraph (A). 19 ‘‘(3) EVALUATION FOR LOSS MITIGATION PRIOR 20 TO FORECLOSURE INITIATION.—Before a servicer 21 may initiate or engage in any foreclosure activity 22 listed in subsection (c)(2), including incurring or 23 charging to a borrower any fees or corporate ad- 24 vances related to a foreclosure on the basis that the 25 50 •HR 7301 EH borrower has failed to perform under the loss miti- 1 gation offer in paragraph (2)(A) within the first 90 2 days after the option is offered, including a failure 3 to accept the loss mitigation offer in paragraph 4 (2)(A), the servicer shall— 5 ‘‘(A) unless the borrower has already sub- 6 mitted a complete application that the servicer 7 is reviewing— 8 ‘‘(i) notify the borrower in writing of 9 the documents and information, if any, 10 needed by the servicer to enable the 11 servicer to consider the borrower for all 12 available loss mitigation options; 13 ‘‘(ii) exercise reasonable diligence to 14 obtain the documents and information 15 needed to complete the borrower’s loss 16 mitigation application; 17 ‘‘(B) upon receipt of a complete applica- 18 tion or if, despite the servicer’s exercise of rea- 19 sonable diligence, the loss mitigation application 20 remains incomplete sixty days after the notice 21 in paragraph (2)(A) is sent, conduct an evalua- 22 tion of the complete or incomplete loss mitiga- 23 tion application without reference to whether 24 the borrower has previously submitted a com- 25 51 •HR 7301 EH plete loss mitigation application and offer the 1 borrower all available loss mitigation options for 2 which the borrower qualifies under applicable 3 investor guidelines, including guidelines regard- 4 ing required documentation. 5 ‘‘(4) EFFECT ON FUTURE REQUESTS FOR LOSS 6 MITIGATION REVIEW.—An application, offer, or eval- 7 uation for loss mitigation under this section shall 8 not be the basis for the denial of a borrower’s appli- 9 cation as duplicative or for a reduction in the bor- 10 rower’s appeal rights under Regulation X (12 CFR 11 1024) in regard to any loss mitigation application 12 submitted after the servicer has complied with the 13 requirements of paragraphs (2) and (3). 14 ‘‘(5) SAFE HARBOR.—Any loss mitigation op- 15 tion authorized by the Federal National Mortgage 16 Association, the Federal Home Loan Corporation, or 17 the Federal Housing Administration that either— 18 ‘‘(A) defers the payment of total arrear- 19 ages, including any escrow advances, to the end 20 of the existing term of the loan, without the 21 charging or collection of any additional interest 22 on the deferred amounts, or 23 ‘‘(B) extends the term of the mortgage 24 loan, and capitalizes, defers, or forgives all es- 25 52 •HR 7301 EH crow advances and other arrearages, without 1 the charging of any fees or penalties beyond in- 2 terest on any amount capitalized into the loan 3 principal, 4 shall be deemed to comply with the requirements of 5 paragraph (1)(B). 6 ‘‘(6) HOME RETENTION OPTIONS FOR CERTAIN 7 REVERSE MORTGAGE LOANS.— 8 ‘‘(A) IN GENERAL.—For a covered mort- 9 gage loan which is also a federally-insured re- 10 verse mortgage loan, a servicer’s conduct shall 11 be deemed to comply with this section provided 12 that if the loan is eligible to be called due and 13 payable due to a property charge default, the 14 mortgagee shall, as a precondition to sending a 15 due and payable request to the Secretary or ini- 16 tiating or continuing a foreclosure process— 17 ‘‘(i) make a good faith effort to com- 18 municate with the borrower regarding 19 available home retention options to cure 20 the property charge default, including en- 21 couraging the borrower to apply for home 22 retention options; and 23 53 •HR 7301 EH ‘‘(ii) consider the borrower for all 1 available home retention options as allowed 2 by the Secretary. 3 ‘‘(B) PERMISSIBLE REPAYMENT PLANS.— 4 The Secretary shall amend its allowable home 5 retention options to permit a repayment plan of 6 up to 120 months in length, and to permit a re- 7 payment plan without regard to prior defaults 8 on repayment plans. 9 ‘‘(C) LIMITATION ON INTEREST CURTAIL- 10 MENT.—The Secretary may not curtail interest 11 paid to mortgagees who engage in loss mitiga- 12 tion or home retention actions through interest 13 curtailment during such loss mitigation or home 14 retention review or during the period when a 15 loss mitigation or home retention plan is in ef- 16 fect and ending 90 days after any such plan 17 terminates.’’. 18 (B) AMENDMENT TO HOUSING ACT OF 19 1949.—Section 505 of the Housing Act of 1949 20 (42 U.S.C. 1475) is amended— 21 (i) by striking the section heading and 22 inserting ‘‘LOSS MITIGATION AND FORE- 23 CLOSURE PROCEDURES’’; 24 54 •HR 7301 EH (ii) in subsection (a), by striking the 1 section designation and all that follows 2 through ‘‘During any’’ and inserting the 3 following: 4 ‘‘SEC. 505. (a) MORATORIUM.—(1) In determining a 5 borrower’s eligibility for relief, the Secretary shall make 6 all eligibility decisions based on the borrower’s household’s 7 income, expenses, and circumstances. 8 ‘‘(2) During any’’. 9 (iii) by redesignating subsection (b) as 10 subsection (c); and 11 (iv) by inserting after subsection (a) 12 the following new subsection: 13 ‘‘(b) LOAN MODIFICATION.—(1) Notwithstanding 14 any other provision of this title, for any loan made under 15 section 502 or 504, the Secretary may modify the interest 16 rate and extend the term of such loan for up to 30 years 17 from the date of such modification. 18 ‘‘(2) At the end of any moratorium period granted 19 under this section or under the Emergency Housing Pro- 20 tections and Relief Act of 2020, the Secretary shall deter- 21 mine whether the borrower can reasonably resume making 22 principal and interest payments after the Secretary modi- 23 fies the borrower’s loan obligations in accordance with 24 paragraph (1).’’. 25 55 •HR 7301 EH (7) MULTIFAMILY MORTGAGE FORBEARANCE.— 1 Section 4023 of the CARES Act (15 U.S.C. 9057) 2 is amended— 3 (A) by striking ‘‘Federally backed multi- 4 family mortgage loan’’ each place such term ap- 5 pears and inserting ‘‘multifamily mortgage 6 loan’’; 7 (B) in subsection (b), by striking ‘‘during’’ 8 and inserting ‘‘due, directly or indirectly, to’’; 9 (C) in subsection (c)(1)— 10 (i) in subparagraph (A), by adding 11 ‘‘and’’ at the end; 12 (ii) by striking subparagraphs (B) and 13 (C) and inserting the following: 14 ‘‘(B) provide the forbearance for up to the 15 end of the period described under section 16 4024(b).’’; and 17 (D) by redesignating subsection (f) as sub- 18 section (g); 19 (E) by inserting after subsection (e) the 20 following: 21 ‘‘(f) TREATMENT AFTER FORBEARANCE.—With re- 22 spect to a multifamily mortgage loan provided a forbear- 23 ance under this section, the servicer of such loan— 24 56 •HR 7301 EH ‘‘(1) shall provide the borrower with a 12- 1 month period beginning at the end of such forbear- 2 ance to become current on the payments under such 3 loan; 4 ‘‘(2) may not charge any late fees, penalties, or 5 other charges with respect to payments on the loan 6 that were due during the forbearance period, if such 7 payments are made before the end of the 12-month 8 period; and 9 ‘‘(3) may not report any adverse information to 10 a credit rating agency (as defined under section 603 11 of the Fair Credit Reporting Act with respect to any 12 payments on the loan that were due during the for- 13 bearance period, if such payments are made before 14 the end of the 12-month period.).’’; and 15 (F) in subsection (g), as so redesignated— 16 (i) in paragraph (2)— 17 (I) by striking ‘‘that—’’ and all 18 that follows through ‘‘(A) is secured 19 by’’ and inserting ‘‘that is secured 20 by’’; 21 (II) by striking ‘‘; and’’ and in- 22 serting a period; and 23 (III) by striking subparagraph 24 (B); and 25 57 •HR 7301 EH (ii) by amending paragraph (5) to 1 read as follows: 2 ‘‘(5) COVERED PERIOD.—With respect to a 3 loan, the term ‘covered period’ has the meaning 4 given that term under section 4022(a)(3).’’. 5 (8) RENTER PROTECTIONS DURING FORBEAR- 6 ANCE PERIOD.—A borrower that receives a forbear- 7 ance pursuant to section 4022 or 4023 of the 8 CARES Act (15 U.S.C. 9056 or 9057) may not, for 9 the duration of the forbearance— 10 (A) evict or initiate the eviction of a tenant 11 solely for nonpayment of rent or other fees or 12 charges; or 13 (B) charge any late fees, penalties, or 14 other charges to a tenant for late payment of 15 rent. 16 (9) EXTENSION OF GSE PATCH.— 17 (A) NON-APPLICABILITY OF EXISTING 18 SUNSET.—Section 1026.43(e)(4)(iii)(B) of title 19 12, Code of Federal Regulations, shall have no 20 force or effect. 21 (B) EXTENDED SUNSET.—The special 22 rules in section 1026.43(e)(4) of title 12, Code 23 of Federal Regulations, shall apply to covered 24 transactions consummated prior to June 1, 25 58 •HR 7301 EH 2022, or such later date as the Director of the 1 Bureau of Consumer Financial Protection may 2 determine, by rule. 3 (10) SERVICER SAFE HARBOR FROM INVESTOR 4 LIABILITY.— 5 (A) SAFE HARBOR.— 6 (i) IN GENERAL.—A servicer of cov- 7 ered mortgage loans or multifamily mort- 8 gage loans shall be deemed not to have vio- 9 lated any duty or contractual obligation 10 owed to investors or other parties regard- 11 ing such mortgage loans on account of of- 12 fering or implementing in good faith for- 13 bearance during the covered period or of- 14 fering or implementing in good faith post- 15 forbearance loss mitigation (including after 16 the expiration of the covered period) in ac- 17 cordance with the terms of sections 4022 18 and 4023 of the CARES Act to borrowers, 19 respectively, on covered or multifamily 20 mortgage loans that it services and shall 21 not be liable to any party who is owed such 22 a duty or obligation or subject to any in- 23 junction, stay, or other equitable relief to 24 such party on account of such offer or im- 25 59 •HR 7301 EH plementation of forbearance or post-for- 1 bearance loss mitigation. 2 (ii) OTHER PERSONS.—Any person, 3 including a trustee of a securitization vehi- 4 cle or other party involved in a 5 securitization or other investment vehicle, 6 who in good faith cooperates with a 7 servicer of covered or multifamily mortgage 8 loans held by that securitization or invest- 9 ment vehicle to comply with the terms of 10 section 4022 and 4023 of the CARES Act, 11 respectively, to borrowers on covered or 12 multifamily mortgage loans owned by the 13 securitization or other investment vehicle 14 shall not be liable to any party who is owed 15 such a duty or obligation or subject to any 16 injunction, stay, or other equitable relief to 17 such party on account of its cooperation 18 with an offer or implementation of forbear- 19 ance during the covered period or post-for- 20 bearance loss mitigation, including after 21 the expiration of the covered period. 22 (B) STANDARD INDUSTRY PRACTICE.— 23 During the covered period, notwithstanding any 24 contractual restrictions, it is deemed to be 25 60 •HR 7301 EH standard industry practice for a servicer to 1 offer forbearance or loss mitigation options in 2 accordance with the terms of sections 4022 and 3 4023 of the CARES Act to borrowers, respec- 4 tively, on all covered or multifamily mortgage 5 loans it services. 6 (C) RULE OF CONSTRUCTION.—Nothing in 7 this paragraph may be construed as affecting 8 the liability of a servicer or other person for ac- 9 tual fraud in the servicing of a mortgage loan 10 or for the violation of a State or Federal law. 11 (D) DEFINITIONS.—In this paragraph: 12 (i) COVERED MORTGAGE LOAN.—The 13 term ‘‘covered mortgage loan’’ has the 14 meaning given that term under section 15 4022(a) of the CARES Act. 16 (ii) COVERED PERIOD.—The term 17 ‘‘covered period’’ has the meaning given 18 that term under section 4023(g) of the 19 CARES Act. 20 (iii) MULTIFAMILY MORTGAGE 21 LOAN.—The term ‘‘multifamily mortgage 22 loan’’ has the meaning given that term 23 under section 4023(g) of the CARES Act. 24 61 •HR 7301 EH (iv) SERVICER.—The term 1 ‘‘servicer’’— 2 (I) has the meaning given the 3 term under section 6(i) of the Real 4 Estate Settlement Procedures Act of 5 1974 (12 U.S.C. 2605(i)); and 6 (II) means a master servicer and 7 a subservicer, as such terms are de- 8 fined, respectively, under section 9 1024.31 of title 12, Code of Federal 10 Regulations. 11 (v) SECURITIZATION VEHICLE.—The 12 term ‘‘securitization vehicle’’ has the 13 meaning give that term under section 14 129A(f) of the Truth in Lending Act (15 15 U.S.C. 1639a(f)). 16 (c) BANKRUPTCY PROTECTIONS.— 17 (1) BANKRUPTCY PROTECTIONS FOR FEDERAL 18 CORONAVIRUS RELIEF PAYMENTS.—Section 541(b) 19 of title 11, United States Code, is amended— 20 (A) in paragraph (9), in the matter fol- 21 lowing subparagraph (B), by striking ‘‘or’’; 22 (B) in paragraph (10)(C), by striking the 23 period at the end and inserting ‘‘; or’’; and 24 62 •HR 7301 EH (C) by inserting after paragraph (10) the 1 following: 2 ‘‘(11) payments made under Federal law relat- 3 ing to the national emergency declared by the Presi- 4 dent under the National Emergencies Act (50 5 U.S.C. 1601 et seq.) with respect to the coronavirus 6 disease 2019 (COVID–19).’’. 7 (2) PROTECTION AGAINST DISCRIMINATORY 8 TREATMENT OF HOMEOWNERS IN BANKRUPTCY.— 9 Section 525 of title 11, United States Code, is 10 amended by adding at the end the following: 11 ‘‘(d) A person may not be denied any forbearance, 12 assistance, or loan modification relief made available to 13 borrowers by a mortgage creditor or servicer because the 14 person is or has been a debtor, or has received a discharge, 15 in a case under this title.’’. 16 (3) INCREASING THE HOMESTEAD EXEMP- 17 TION.—Section 522 of title 11, United States Code, 18 is amended— 19 (A) in subsection (d)(1), by striking 20 ‘‘$15,000’’ and inserting ‘‘$100,000’’; and 21 (B) by adding at the end the following: 22 ‘‘(r) Notwithstanding any other provision of applica- 23 ble nonbankruptcy law, a debtor in any State may exempt 24 from property of the estate the property described in sub- 25 63 •HR 7301 EH section (d)(1) not to exceed the value in subsection (d)(1) 1 if the exemption for such property permitted by applicable 2 nonbankruptcy law is lower than that amount.’’. 3 (4) EFFECT OF MISSED MORTGAGE PAYMENTS 4 ON DISCHARGE.—Section 1328 of title 11, United 5 States Code, is amended by adding at the end the 6 following: 7 ‘‘(i) A debtor shall not be denied a discharge under 8 this section because, as of the date of discharge, the debtor 9 did not make 6 or fewer payments directly to the holder 10 of a debt secured by real property. 11 ‘‘(j) Notwithstanding subsections (a) and (b), upon 12 the debtor’s request, the court shall grant a discharge of 13 all debts provided for in the plan that are dischargeable 14 under subsection (a) if the debtor— 15 ‘‘(1) has made payments under a confirmed 16 plan for at least 1 year; and 17 ‘‘(2) is experiencing or has experienced a mate- 18 rial financial hardship due, directly or indirectly, to 19 the coronavirus disease 2019 (COVID–19) pan- 20 demic.’’. 21 (5) EXPANDED ELIGIBILITY FOR CHAPTER 22 13.—Section 109(e) of title 11, United States Code, 23 is amended— 24 64 •HR 7301 EH (A) by striking ‘‘$250,000’’ each place the 1 term appears and inserting ‘‘$850,000’’; and 2 (B) by striking ‘‘$750,000’’ each place the 3 term appears and inserting ‘‘$2,600,000’’. 4 (6) EXTENDED CURE PERIOD FOR HOME- 5 OWNERS HARMED BY COVID–19 PANDEMIC.— 6 (A) IN GENERAL.—Chapter 13 of title 11, 7 United States Code, is amended by adding at 8 the end thereof the following: 9 ‘‘§ 1331. Special provisions related to COVID–19 pan- 10 demic 11 ‘‘(a) Notwithstanding subsections (b)(2) and (d) of 12 section 1322, if the debtor is experiencing or has experi- 13 enced a material financial hardship due, directly or indi- 14 rectly, to the coronavirus disease 2019 (COVID–19) pan- 15 demic, a plan may provide for the curing of any default 16 within a reasonable time, not to exceed 7 years after the 17 time that the first payment under the original confirmed 18 plan was due, and maintenance of payments while the case 19 is pending on any unsecured claim or secured claim on 20 which the last payment is due after the expiration of such 21 time. Any such plan provision shall not affect the applica- 22 ble commitment period under section 1325(b). 23 ‘‘(b) For purposes of sections 1328(a) and 1328(b), 24 any cure or maintenance payments under subsection (a) 25 65 •HR 7301 EH that are made after the end of the period during which 1 the plan provides for payments (other than payments 2 under subsection (a)) shall not be treated as payments 3 under the plan. 4 ‘‘(c) Notwithstanding section 1329(c), a plan modi- 5 fied under section 1329 at the debtor’s request may pro- 6 vide for cure or maintenance payments under subsection 7 (a) over a period that is not longer than 7 years after 8 the time that the first payment under the original con- 9 firmed plan was due. 10 ‘‘(d) Notwithstanding section 362(c)(2), during the 11 period after the debtor receives a discharge and the period 12 during which the plan provides for the cure of any default 13 and maintenance of payments under the plan, section 14 362(a) shall apply to the holder of a claim for which a 15 default is cured and payments are maintained under sub- 16 section (a) and to any property securing such claim. 17 ‘‘(e) Notwithstanding section 1301(a)(2), the stay of 18 section 1301(a) terminates upon the granting of a dis- 19 charge under section 1328 with respect to all creditors 20 other than the holder of a claim for which a default is 21 cured and payments are maintained under subsection 22 (a).’’. 23 (B) TABLE OF CONTENTS.—The table of 24 sections of chapter 13, title 11, United States 25 66 •HR 7301 EH Code, is amended by adding at the end thereof 1 the following: 2 ‘‘Sec. 1331. Special provisions related to COVID–19 Pandemic.’’. (C) APPLICATION.—The amendments 3 made by this paragraph shall apply only to any 4 case under title 11, United States Code, com- 5 menced before 3 years after the date of enact- 6 ment of this Act and pending on or commenced 7 after such date of enactment, in which a plan 8 under chapter 13 of title 11, United States 9 Code, was not confirmed before March 27, 10 2020. 11 SEC. 104. LIQUIDITY FOR MORTGAGE SERVICERS AND RESI- 12 DENTIAL RENTAL PROPERTY OWNERS. 13 (a) IN GENERAL.—Section 4003 of the CARES Act 14 (15 U.S.C. 9042), is amended by adding at the end the 15 following: 16 ‘‘(i) LIQUIDITY FOR MORTGAGE SERVICERS.— 17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 18 the Secretary shall ensure that servicers of covered 19 mortgage loans (as defined under section 4022) and 20 multifamily mortgage loans (as defined under sec- 21 tion 4023) are provided the opportunity to partici- 22 pate in the loans, loan guarantees, or other invest- 23 ments made by the Secretary under this section. The 24 Secretary shall ensure that servicers are provided 25 67 •HR 7301 EH with access to such opportunities under equitable 1 terms and conditions regardless of their size. 2 ‘‘(2) MORTGAGE SERVICER ELIGIBILITY.—In 3 order to receive assistance under subsection (b)(4), 4 a mortgage servicer shall— 5 ‘‘(A) demonstrate that the mortgage 6 servicer has established policies and procedures 7 to use such funds only to replace funds used for 8 borrower assistance, including to advance funds 9 as a result of forbearance or other loss mitiga- 10 tion provided to borrowers; 11 ‘‘(B) demonstrate that the mortgage 12 servicer has established policies and procedures 13 to provide forbearance, post-forbearance loss 14 mitigation, and other assistance to borrowers in 15 compliance with the terms of section 4022 or 16 4023, as applicable; 17 ‘‘(C) demonstrate that the mortgage 18 servicer has established policies and procedures 19 to ensure that forbearance and post-forbearance 20 assistance is available to all borrowers in a non- 21 discriminatory fashion and in compliance with 22 the Fair Housing Act, the Equal Credit Oppor- 23 tunity Act, and other applicable fair housing 24 and fair lending laws; and 25 68 •HR 7301 EH ‘‘(D) comply with the limitations on com- 1 pensation set forth in section 4004. 2 ‘‘(3) MORTGAGE SERVICER REQUIREMENTS.—A 3 mortgage servicer receiving assistance under sub- 4 section (b)(4) may not, while the servicer is under 5 any obligation to repay funds provided or guaran- 6 teed under this section— 7 ‘‘(A) pay dividends with respect to the 8 common stock of the mortgage servicer or pur- 9 chase an equity security of the mortgage 10 servicer or any parent company of the mortgage 11 servicer if the security is listed on a national se- 12 curities exchange, except to the extent required 13 under a contractual obligation that is in effect 14 on the date of enactment of this subsection; or 15 ‘‘(B) prepay any debt obligation.’’. 16 (b) CREDIT FACILITY FOR RESIDENTIAL RENTAL 17 PROPERTY OWNERS.— 18 (1) IN GENERAL.—The Board of Governors of 19 the Federal Reserve System shall— 20 (A) establish a facility, using amounts 21 made available under section 4003(b)(4) of the 22 CARES Act (15 U.S.C. 9042(b)(4)), to make 23 long-term, low-cost loans to residential rental 24 property owners as to temporarily compensate 25 69 •HR 7301 EH such owners for documented financial losses 1 caused by reductions in rent payments; and 2 (B) defer such owners’ required payments 3 on such loans until after six months after the 4 date of enactment of this Act. 5 (2) REQUIREMENTS.—A borrower that receives 6 a loan under this subsection may not, for the dura- 7 tion of the loan— 8 (A) evict or initiate the eviction of a tenant 9 solely for nonpayment of rent or other fees or 10 charges; 11 (B) charge any late fees, penalties, or 12 other charges to a tenant for late payment of 13 rent; and 14 (C) with respect to a person or entity de- 15 scribed under paragraph (4), discriminate on 16 the basis of source of income. 17 (3) REPORT ON RESIDENTIAL RENTAL PROP- 18 ERTY OWNERS.—The Board of Governors shall issue 19 a report to the Congress containing the following, 20 with respect to each property owner receiving a loan 21 under this subsection: 22 (A) The number of borrowers that received 23 assistance under this subsection. 24 70 •HR 7301 EH (B) The average total loan amount that 1 each borrower received. 2 (C) The total number of rental units that 3 each borrower owned. 4 (D) The average rent charged by each bor- 5 rower. 6 (4) REPORT ON LARGE RESIDENTIAL RENTAL 7 PROPERTY OWNERS.—The Board of Governors shall 8 issue a report to Congress that identifies any person 9 or entity that in aggregate owns or holds a control- 10 ling interest in any entity that, in aggregate, owns— 11 (A) more than 100 rental units that are lo- 12 cated within in a single Metropolitan Statistical 13 Area; 14 (B) more than 1,000 rental units nation- 15 wide; or 16 (C) rental units in three or more States. 17 (c) AMENDMENTS TO NATIONAL HOUSING ACT.— 18 Section 306(g)(1) of the National Housing Act (12 U.S.C. 19 1721(a)) is amended— 20 (1) in the fifth sentence, by inserting after 21 ‘‘issued’’ the following: ‘‘, subject to any pledge or 22 grant of security interest of the Federal Reserve 23 under section 4003(a) of the CARES Act (Public 24 Law 116–136; 134 Stat. 470; 15 U.S.C. 9042(a)) 25 71 •HR 7301 EH and to any such mortgage or mortgages or any in- 1 terest therein and the proceeds thereon, which the 2 Association may elect to approve’’; and 3 (2) in the sixth sentence— 4 (A) by striking ‘‘or (C)’’ and inserting 5 ‘‘(C)’’; and 6 (B) by inserting before the period the fol- 7 lowing: ‘‘, or (D) its approval and honoring of 8 any pledge or grant of security interest of the 9 Federal Reserve under section 4003(a) of the 10 CARES Act and to any such mortgage or mort- 11 gages or any interest therein and proceeds 12 thereon as’’. 13 SEC. 105. RURAL RENTAL ASSISTANCE. 14 There is authorized to be appropriated for fiscal year 15 2020 $309,000,000 for rural rental assistance, which shall 16 remain available until September 30, 2021, of which— 17 (1) up to $25,000,000 may be used for an addi- 18 tional amount for rural housing vouchers for any 19 low-income households (including those not receiving 20 rental assistance) residing in a property financed 21 with a section 515 loan which has been prepaid after 22 September 30, 2005, or has matured after Sep- 23 tember 30, 2019; and 24 72 •HR 7301 EH (2) the remainder shall be used for an addi- 1 tional amount for rural rental assistance agreements 2 entered into or renewed pursuant to section 3 521(a)(2) of the Housing Act of 1949 (42 U.S.C. 4 1490a(a)(2)) to— 5 (A) supplement the rental assistance of 6 households on whose behalf assistance is being 7 provided; and 8 (B) provide rental assistance on behalf of 9 households who are not being assisted with such 10 rental assistance but who qualify for such as- 11 sistance. 12 SEC. 106. FUNDING FOR PUBLIC HOUSING AND TENANT- 13 BASED RENTAL ASSISTANCE. 14 (a) PUBLIC HOUSING OPERATING FUND.—There is 15 authorized to be appropriated for an additional amount 16 for fiscal year 2020 for the Public Housing Operating 17 Fund under section 9(e) of the United States Housing Act 18 of 1937 (42 U.S.C. 1437g(e)) $2,000,000,000, to remain 19 available until September 30, 2021. 20 (b) TENANT-BASED SECTION 8 RENTAL ASSIST- 21 ANCE.—There is authorized to be appropriated for an ad- 22 ditional amount for fiscal year 2020 for the tenant-based 23 rental assistance under section 8(o) of the United States 24 Housing Act of 1937 (42 U.S.C. 1437f(o)) 25 73 •HR 7301 EH $3,000,000,000, to remain available until September 30, 1 2021, of which not more than $500,000,000 may be used 2 for administrative fees under section 8(q) of such Act (42 3 U.S.C. 1437f(q)). 4 (c) APPLICABILITY OF WAIVERS.—Any waiver or al- 5 ternative requirement made by the Secretary of Housing 6 and Urban Development pursuant to the heading ‘‘Ten- 7 ant-Based Rental Assistance’’ or ‘‘Public Housing Oper- 8 ating Fund’’ in title XII of division B of the CARES Act 9 (Public Law 116–136) shall apply with respect to amounts 10 made available pursuant to this section. 11 SEC. 107. SUPPLEMENTAL FUNDING FOR SUPPORTIVE 12 HOUSING FOR THE ELDERLY, SUPPORTIVE 13 HOUSING FOR PERSONS WITH DISABILITIES, 14 SUPPORTIVE HOUSING FOR PERSONS WITH 15 AIDS, AND PROJECT-BASED SECTION 8 RENT- 16 AL ASSISTANCE. 17 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated $500,000,000 for fiscal year 19 2020 for additional assistance for supportive housing for 20 the elderly, of which— 21 (1) $200,000,000 shall be for rental assistance 22 under section 202 of the Housing Act of 1959 (12 23 U.S.C. 1701q) or section 8 of the United States 24 Housing Act of 1937 (42 U.S.C. 1437f), as appro- 25 74 •HR 7301 EH priate, and for hiring additional staff and for serv- 1 ices and costs, including acquiring personal protec- 2 tive equipment, to prevent, prepare for, or respond 3 to the public health emergency relating to 4 Coronavirus Disease 2019 (COVID-19) pandemic; 5 and 6 (2) $300,000,000 shall be for grants under sec- 7 tion 676 of the Housing and Community Develop- 8 ment Act of 1992 (42 U.S.C. 13632) for costs of 9 providing service coordinators for purposes of coordi- 10 nating services to prevent, prepare for, or respond to 11 the public health emergency relating to Coronavirus 12 Disease 2019 (COVID-19). 13 Any provisions of, and waivers and alternative require- 14 ments issued by the Secretary pursuant to, the heading 15 ‘‘Department of Housing and Urban Development—Hous- 16 ing Programs—Housing for the Elderly’’ in title XII of 17 division B of the CARES Act (Public Law 116–136) shall 18 apply with respect to amounts made available pursuant 19 to this subsection. 20 (b) ELIGIBILITY OF SUPPORTIVE HOUSING FOR PER- 21 SONS WITH DISABILITIES.—Subsection (a) of section 676 22 of the Housing and Community Development Act of 1992 23 (42 U.S.C. 13632(a)) shall be applied, for purposes of 24 75 •HR 7301 EH subsection (a) of this section, by substituting ‘‘(G), and 1 (H)’’ for ‘‘ and (G)’’. 2 (c) SERVICE COORDINATORS.— 3 (1) HIRING.—In the hiring of staff using 4 amounts made available pursuant to this section for 5 costs of providing service coordinators, grantees 6 shall consider and hire, at all levels of employment 7 and to the greatest extent possible, a diverse staff, 8 including by race, ethnicity, gender, and disability 9 status. Each grantee shall submit a report to the 10 Secretary of Housing and Urban Development de- 11 scribing compliance with the preceding sentence not 12 later than the expiration of the 120-day period that 13 begins upon the termination of the emergency de- 14 clared on March 13, 2020, by the President under 15 the Robert T. Stafford Disaster Relief and Emer- 16 gency Assistance Act (42 U.S.C. 4121 et seq.) relat- 17 ing to the Coronavirus Disease 2019 (COVID-19) 18 pandemic. 19 (2) ONE-TIME GRANTS.—Grants made using 20 amounts made available pursuant to subsection (a) 21 for costs of providing service coordinators shall not 22 be renewable. 23 (3) ONE-YEAR AVAILABILITY.—Any amounts 24 made available pursuant to this section for costs of 25 76 •HR 7301 EH providing service coordinators that are allocated for 1 a grantee and remain unexpended upon the expira- 2 tion of the 12-month period beginning upon such al- 3 location shall be recaptured by the Secretary. 4 (d) FUNDING FOR SUPPORTIVE HOUSING FOR PER- 5 SONS WITH DISABILITIES.—There is authorized to be ap- 6 propriated $200,000,000 for fiscal year 2020 for addi- 7 tional assistance for supportive housing for persons with 8 disabilities under section 811 of the Cranston-Gonzalez 9 National Affordable Housing Act (42 U.S.C. 8013). Any 10 provisions of, and waivers and alternative requirements 11 issued by the Secretary pursuant to, the heading ‘‘Depart- 12 ment of Housing and Urban Development—Housing Pro- 13 grams—Housing for Persons With Disabilities’’ in title 14 XII of division B of the CARES Act (Public Law 116– 15 136) shall apply with respect to amounts made available 16 pursuant to this subsection. 17 (e) FUNDING FOR HOUSING OPPORTUNITIES FOR 18 PEOPLE WITH AIDS PROGRAM.—There is authorized to 19 be appropriated $15,000,000 for fiscal year 2020 for addi- 20 tional assistance for the Housing Opportunities for Per- 21 sons with AIDS program under the AIDS Housing Oppor- 22 tunity Act (42 U.S.C. 12901 et seq.). Any provisions of, 23 and waivers and alternative requirements issued by the 24 Secretary pursuant to, the heading ‘‘Department of Hous- 25 77 •HR 7301 EH ing and Urban Development—Community Planning and 1 Development—Housing Opportunities for Persons With 2 AIDS’’ in title XII of division B of the CARES Act (Pub- 3 lic Law 116–136) shall apply with respect to amounts 4 made available pursuant to this subsection. 5 (f) FUNDING FOR PROJECT-BASED SECTION 8 6 RENTAL ASSISTANCE.—There is authorized to be appro- 7 priated $750,000,000 for fiscal year 2020 for additional 8 assistance for project-based rental assistance under sec- 9 tion 8 of the United States Housing Act of 1937 (42 10 U.S.C. 1437f). Any provisions of, and waivers and alter- 11 native requirements issued by the Secretary pursuant to, 12 the heading ‘‘Department of Housing and Urban Develop- 13 ment—Housing Programs—Project-Based Rental Assist- 14 ance’’ in title XII of division B of the CARES Act (Public 15 Law 116–136) shall apply with respect to amounts made 16 available pursuant to this subsection. 17 SEC. 108. FAIR HOUSING. 18 (a) DEFINITION OF COVID–19 EMERGENCY PE- 19 RIOD.— For purposes of this Act, the term ‘‘COVID–19 20 emergency period’’ means the period that begins upon the 21 date of the enactment of this Act and ends upon the date 22 of the termination by the Federal Emergency Manage- 23 ment Agency of the emergency declared on March 13, 24 2020, by the President under the Robert T. Stafford Dis- 25 78 •HR 7301 EH aster Relief and Emergency Assistance Act (42 U.S.C. 1 4121 et seq.) relating to the Coronavirus Disease 2019 2 (COVID–19) pandemic. 3 (b) FAIR HOUSING ACTIVITIES.— 4 (1) AUTHORIZATION OF APPROPRIATIONS.—To 5 ensure existing grantees have sufficient resource for 6 fair housing activities and for technology and equip- 7 ment needs to deliver services through use of the 8 Internet or other electronic or virtual means in re- 9 sponse to the public health emergency related to the 10 Coronavirus Disease 2019 (COVID-19) pandemic, 11 there is authorized to be appropriated $4,000,000 12 for Fair Housing Organization Initiative grants 13 through the Fair Housing Initiatives Program under 14 section 561 of the Housing and Community Devel- 15 opment Act of 1987 (42 U.S.C. 3616a). 16 (2) 3-YEAR AVAILABILITY.—Any amounts made 17 available pursuant paragraph (1) that are allocated 18 for a grantee and remain unexpended upon the expi- 19 ration of the 3-year period beginning upon such allo- 20 cation shall be recaptured by the Secretary. 21 (c) FAIR HOUSING EDUCATION.—There is authorized 22 to be appropriated $10,000,000 for the Office of Fair 23 Housing and Equal Opportunity of the Department of 24 Housing and Urban Development to carry out a national 25 79 •HR 7301 EH media campaign and local education and outreach to edu- 1 cate the public of increased housing rights during 2 COVID–19 emergency period, that provides that informa- 3 tion and materials used in such campaign are available— 4 (1) in the languages used by communities with 5 limited English proficiency; and 6 (2) to persons with disabilities. 7 SEC. 109. FUNDING FOR HOUSING COUNSELING SERVICES. 8 (a) CONGRESSIONAL FINDINGS.—The Congress finds 9 that— 10 (1) the spread of Coronavirus Disease 2019 11 (COVID–19), which is now considered a global pan- 12 demic, is expected to negatively impact the incomes 13 of potentially millions of homeowners, renters, indi- 14 viduals experiencing homelessness, and individuals at 15 risk of homelessness, making it difficult for them to 16 pay their mortgages or rents on time; 17 (2) housing counseling is critical to ensuring 18 that homeowners, renters, individuals experiencing 19 homelessness, and individuals at risk of homeless- 20 ness have the resources they need to manage finan- 21 cial hardships from the COVID-19 crisis; 22 (3) loan preservation and foreclosure mitigation 23 services are also critical to address the needs of 24 homeowners who lose employment and income be- 25 80 •HR 7301 EH cause of the pandemic and who face serious delin- 1 quency or home loan default, or are in foreclosing 2 proceedings during this period; 3 (4) evaluations from the National Foreclosure 4 Mitigation Counseling program revealed that home- 5 owners at risk of or facing foreclosure are better 6 served when they have access to a housing counselor 7 and a range of tools and resources to help them 8 avoid losing their home and have the support they 9 need to tailor the best possible response to their sit- 10 uation. 11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated to the Neighborhood Rein- 13 vestment Corporation (in this section referred to as the 14 ‘‘Corporation’’) established under the Neighborhood Rein- 15 vestment Corporation Act (42 U.S.C. 8101 et seq.) 16 $100,000,000 for fiscal year 2020 for housing counseling 17 services, which shall remain available until September 30, 18 2023. 19 (c) PRIORITIZATION OF HOUSING COUNSELING 20 SERVICES.—Of any grant funds made available pursuant 21 to subsection (b), not less than 40 percent shall be pro- 22 vided to counseling organizations that target counseling 23 services to minority and low-income homeowners, renters, 24 individuals experiencing homelessness, and individuals at 25 81 •HR 7301 EH risk of homelessness or provide such services in neighbor- 1 hoods with high concentrations of minority and low-in- 2 come homeowners, renters, individuals experiencing home- 3 lessness, and individuals at risk of homelessness. 4 (d) ELIGIBLE USES.—Amounts made available pur- 5 suant to subsection (b) may be used in such amounts as 6 the Corporation determines for costs of— 7 (1) public education and outreach; 8 (2) direct services, including the full range of 9 services provided by housing counselors to assist 10 homeowners, including manufactured homeowners, 11 regardless of financing type, renters, individuals ex- 12 periencing homelessness, and individuals at risk of 13 homelessness, including the practices, tools, and in- 14 novations in foreclosure mitigation that were utilized 15 in the National Foreclosure Mitigation Counseling 16 Program, and financial capability, credit counseling, 17 homeless counseling, and rental counseling; 18 (3) equipment and technology, including 19 broadband internet and equipment upgrades needed 20 to ensure timely and effective service delivery; 21 (4) training, including capacitating housing 22 counseling staff in various modes of counseling, in- 23 cluding rental and foreclosure, delivery of remote 24 counseling utilizing improved technology, enhanced 25 82 •HR 7301 EH network security, and supportive options for the de- 1 livery of client services; and 2 (5) administration and oversight of the program 3 in accordance with the Corporation’s rate for pro- 4 gram administration. 5 (e) DISBURSEMENT.—The Corporation shall disburse 6 all grant funds made available pursuant to subsection (b) 7 as expeditiously as possible, through grants to housing 8 counseling intermediaries approved by the Department of 9 Housing and Urban Development, State housing finance 10 agencies, and NeighborWorks organizations. The aggre- 11 gate amount provided to NeighborWorks organizations 12 shall not exceed 15 percent of the total of grant funds 13 made available pursuant to subsection (b). 14 TITLE II—PROTECTING PEOPLE 15 EXPERIENCING HOMELESSNESS 16 SEC. 201. HOMELESS ASSISTANCE FUNDING. 17 (a) EMERGENCY HOMELESS ASSISTANCE.— 18 (1) AUTHORIZATION OF APPROPRIATIONS.— 19 There is authorized to be appropriated under the 20 Emergency Solutions Grants program under subtitle 21 B of title IV of the McKinney-Vento Homeless As- 22 sistance Act (42 U.S.C. 11371 et seq.) 23 $11,500,000,000 for grants under such subtitle in 24 accordance with this subsection to respond to needs 25 83 •HR 7301 EH arising from the public health emergency relating to 1 Coronavirus Disease 2019 (COVID-19). Of such 2 amounts made available, $4,000,000,000 shall be al- 3 located in accordance with sections 413 and 414 of 4 the McKinney-Vento Homeless Assistance Act (42 5 U.S.C. 11372, 11373). 6 (2) FORMULA.—Notwithstanding sections 413 7 and 414 of the McKinney-Vento Homeless Assist- 8 ance Act (42 U.S.C. 11372, 11373), the Secretary 9 of Housing and Urban Development (in this Act re- 10 ferred to as the ‘‘Secretary’’) shall allocate any 11 amounts remaining after amounts are allocated pur- 12 suant to paragraph (1) in accordance with a formula 13 to be established by the Secretary that takes into 14 consideration the following factors: 15 (A) Risk of transmission of coronavirus in 16 a jurisdiction. 17 (B) Whether a jurisdiction has a high 18 number or rate of sheltered and unsheltered 19 homeless individuals and families. 20 (C) Economic and housing market condi- 21 tions in a jurisdiction. 22 (3) ELIGIBLE ACTIVITIES.—In addition to eligi- 23 ble activities under section 415(a) of the McKinney- 24 Vento Homeless Assistance Act (42 U.S.C. 25 84 •HR 7301 EH 11374(a), amounts made available pursuant to para- 1 graph (1) may also be used for costs of the following 2 activities: 3 (A) Providing training on infectious dis- 4 ease prevention and mitigation. 5 (B) Providing hazard pay, including for 6 time worked before the effectiveness of this sub- 7 paragraph, for staff working directly to prevent 8 and mitigate the spread of coronavirus or 9 COVID-19 among people experiencing or at 10 risk of homelessness. 11 (C) Reimbursement of costs for eligible ac- 12 tivities (including activities described in this 13 paragraph) relating to preventing, preparing 14 for, or responding to the coronavirus or 15 COVID-19 that were accrued before the date of 16 the enactment of this Act. 17 (D) Notwithstanding 24 CFR 18 576.102(a)(3), providing a hotel or motel 19 voucher for a homeless individual or family. 20 Use of such amounts for activities described in this 21 paragraph shall not be considered use for adminis- 22 trative purposes for purposes of section 418 of the 23 McKinney-Vento Homeless Assistance Act (42 24 U.S.C. 11377). 25 85 •HR 7301 EH (4) INAPPLICABILITY OF PROCUREMENT 1 STANDARDS.—To the extent amounts made available 2 pursuant to paragraph (1) are used to procure goods 3 and services relating to activities to prevent, prepare 4 for, or respond to the coronavirus or COVID-19, the 5 standards and requirements regarding procurement 6 that are otherwise applicable shall not apply. 7 (5) INAPPLICABILITY OF HABITABILITY AND 8 ENVIRONMENTAL REVIEW STANDARDS.—Any Fed- 9 eral standards and requirements regarding habit- 10 ability and environmental review shall not apply with 11 respect to any emergency shelter that is assisted 12 with amounts made available pursuant to paragraph 13 (1) and has been determined by a State or local 14 health official, in accordance with such requirements 15 as the Secretary shall establish, to be necessary to 16 prevent and mitigate the spread of coronavirus or 17 COVID-19, such shelters. 18 (6) INAPPLICABILITY OF CAP ON EMERGENCY 19 SHELTER ACTIVITIES.—Subsection (b) of section 20 415 of the McKinney-Vento Homeless Assistance 21 Act shall not apply to any amounts made available 22 pursuant to paragraph (1) of this subsection. 23 (7) INITIAL ALLOCATION OF ASSISTANCE.—Sec- 24 tion 417(b) of the McKinney-Vento Homeless Assist- 25 86 •HR 7301 EH ance Act (42 U.S.C. 11376(b)) shall be applied with 1 respect to amounts made available pursuant to para- 2 graph (1) of this subsection by substituting ‘‘30- 3 day’’ for ‘‘60-day’’. 4 (8) WAIVERS AND ALTERNATIVE REQUIRE- 5 MENTS.— 6 (A) AUTHORITY.—In administering 7 amounts made available pursuant to paragraph 8 (1), the Secretary may waive, or specify alter- 9 native requirements for, any provision of any 10 statute or regulation (except for any require- 11 ments related to fair housing, nondiscrimina- 12 tion, labor standards, and the environment) 13 that the Secretary administers in connection 14 with the obligation or use by the recipient of 15 such amounts, if the Secretary finds that good 16 cause exists for the waiver or alternative re- 17 quirement and such waiver or alternative re- 18 quirement is consistent with the purposes de- 19 scribed in this subsection. 20 (B) NOTIFICATION.—The Secretary shall 21 notify the public through the Federal Register 22 or other appropriate means 5 days before the 23 effective date of any such waiver or alternative 24 requirement, and any such public notice may be 25 87 •HR 7301 EH provided on the Internet at the appropriate 1 Government web site or through other elec- 2 tronic media, as determined by the Secretary. 3 (C) EXEMPTION.—The use of amounts 4 made available pursuant to paragraph (1) shall 5 not be subject to the consultation, citizen par- 6 ticipation, or match requirements that other- 7 wise apply to the Emergency Solutions Grants 8 program, except that a recipient shall publish 9 how it has and will utilize its allocation at a 10 minimum on the Internet at the appropriate 11 Government web site or through other elec- 12 tronic media. 13 (9) INAPPLICABILITY OF MATCHING REQUIRE- 14 MENT.—Subsection (a) of section 416 of the McKin- 15 ney-Vento Homeless Assistance Act (42 U.S.C. 16 11375(a)) shall not apply to any amounts made 17 available pursuant to paragraph (1) of this sub- 18 section. 19 (10) PROHIBITION ON PREREQUISITES.—None 20 of the funds authorized under this subsection may 21 be used to require people experiencing homelessness 22 to receive treatment or perform any other pre- 23 requisite activities as a condition for receiving shel- 24 ter, housing, or other services. 25 88 •HR 7301 EH (b) CONTINUUM OF CARE PROGRAM.—Due to the 1 emergency relating to the Coronavirus Disease 2019 2 (COVID-19) pandemic, the Notice of Funding Availability 3 (NOFA) for fiscal year 2020 for the Continuum of Care 4 program under subtitle C of title IV of the McKinney- 5 Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) 6 shall have no force or effect and the Secretary of Housing 7 and Urban Development shall distribute amounts made 8 available for such fiscal year for such program based on 9 the results of the competition for amounts made available 10 for such program for fiscal year 2019 (FR–6300–25), ex- 11 cept that grant amounts may be adjusted to account for 12 changes in fair market rents. 13 SEC. 202. EMERGENCY RENTAL ASSISTANCE VOUCHER 14 PROGRAM. 15 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 16 authorized to be appropriated to the Secretary of Housing 17 and Urban Development (in this section referred to as the 18 ‘‘Secretary’’), $1,000,000,000 for fiscal year 2020, to re- 19 main available until expended, for incremental emergency 20 vouchers under subsection (b). 21 (b) EMERGENCY VOUCHERS.— 22 (1) IN GENERAL.—The Secretary shall provide 23 emergency rental assistance vouchers under this sub- 24 section, which shall be tenant-based rental assistance 25 89 •HR 7301 EH under section 8(o) the United States Housing Act of 1 1937 (42 U.S.C. 1437f(o)). 2 (2) SELECTION OF FAMILIES.— 3 (A) MANDATORY PREFERENCES.—Each 4 public housing agency administering assistance 5 under this section shall provide preference for 6 such assistance to eligible families that are— 7 (i) homeless (as such term is defined 8 in section 103(a) of the McKinney-Vento 9 Homeless Assistance Act (42 U.S.C. 10 11302(a)); 11 (ii) at risk of homelessness (as such 12 term is defined in section 401 of the 13 McKinney-Vento Homeless Assistance Act 14 (42 U.S.C. 11360); or 15 (iii) fleeing, or attempting to flee, do- 16 mestic violence, dating violence, sexual as- 17 sault, or stalking. 18 (B) ALLOCATION.—In allocating amounts 19 made available under this section, the Secretary 20 shall— 21 (i) not later than 60 days after the 22 date of the enactment of this Act, allocate 23 at least 50 percent of such amounts to 24 90 •HR 7301 EH public housing agencies in accordance with 1 a formula that considers— 2 (I) the capability of public hous- 3 ing agencies to promptly use emer- 4 gency vouchers provided under this 5 section; and 6 (II) the need for emergency 7 vouchers provided under this section 8 in the geographical area, based on 9 factors determined by the Secretary, 10 including risk of transmission of 11 coronavirus, high numbers or rates of 12 sheltered and unsheltered homeless- 13 ness, and economic and housing mar- 14 ket conditions; 15 (ii) allocate remaining amounts in ac- 16 cordance with a formula that considers— 17 (I) the criteria under clause (i) 18 and the success of a public housing 19 agency in promptly utilizing vouchers 20 awarded under clause (i); and 21 (II) the capability of the public 22 housing agency to create and manage 23 structured partnerships with service 24 91 •HR 7301 EH providers for the delivery of appro- 1 priate community-based services; and 2 (iii) designate the number of vouchers 3 under this section that each public housing 4 agency that is awarded funds under this 5 section is authorized to administer. 6 (C) ELECTION NOT TO ADMINISTER.—If a 7 public housing agency elects not to administer 8 amounts under this section, the Secretary shall 9 award such amounts to other public housing 10 agencies according to the criteria in subpara- 11 graph (B). 12 (D) FAILURE TO USE VOUCHERS PROMPT- 13 LY.—If a public housing agency fails to issue 14 all of its authorized vouchers under this section 15 on behalf of eligible families within a reasonable 16 period of time as determined by the Secretary, 17 the Secretary shall reallocate any unissued 18 vouchers and associated funds to others public 19 housing agencies according to the criteria under 20 subparagraph (B)(ii). 21 (3) WAIVERS AND ALTERNATIVE REQUIRE- 22 MENTS.—Any waiver or alternative requirement that 23 the Secretary makes available to all public housing 24 agencies in connection with assistance made avail- 25 92 •HR 7301 EH able under the heading ‘‘Tenant-Based Rental As- 1 sistance’’ in title XII of division B of the CARES 2 Act (Public Law 116–136; 134 Stat.601) shall apply 3 to assistance under this section until the expiration 4 of such waiver or alternative requirement. 5 (4) TERMINATION OF VOUCHERS UPON TURN- 6 OVER.— 7 (A) IN GENERAL.—A public housing agen- 8 cy may not reissue any vouchers made available 9 under this section when assistance for the fam- 10 ily initially assisted is terminated. 11 (B) REALLOCATION.—Upon termination of 12 assistance for one or more families assisted by 13 a public housing agency under this section, the 14 Secretary shall reallocate amounts that are no 15 longer needed by such public housing agency 16 for assistance under this section to another 17 public housing agency for the renewal of vouch- 18 ers previously authorized under this section. 19 Passed the House of Representatives June 29, 2020. Attest: Clerk. 116TH CONGRESS 2D SESSION H. R. 7301 AN ACT To prevent evictions, foreclosures, and unsafe hous- ing conditions resulting from the COVID-19 pan- demic, and for other purposes.
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