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H.R. 7402, Protecting Renters from Eviction and Fees Act of 2020

Summary

House bill 7402 of the 116th Congress, 2D Session, is the Protecting Renters from Eviction and Fees Act of 2020, a bill to provide a temporary moratorium on eviction filings. García of Illinois introduced it on June 29, 2020 with Lee of California, Pressley, Tlaib, and others. It amends the CARES Act by striking section 4024 and inserting a new section. During the 1-year period beginning on March 27, 2020, the lessor of a covered dwelling may not make a court filing to initiate a legal action to recover possession for nonpayment of rent or other fees, or charge fees, penalties, or other charges related to such nonpayment. Its findings state that renters in the United States paid $512 billion in rent in 2019.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr7402Ih Bills 116Hr7402Ih
Case
Bills Bills 116Hr7402Ih Bills 116Hr7402Ih

Cite this document

“H.R. 7402, Protecting Renters from Eviction and Fees Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7402ih-bills-116hr7402ih/, SHA-256 f6eeff75d03a20ea77fe279052425ec11513ec2708920a771e4109c0cda37eac.

Full text

                                                                                                                                                                           I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              H. R. 7402
                                                                               To provide a temporary moratorium on eviction filings, and for other
                                                                                                          purposes.




                                                                                       IN THE HOUSE OF REPRESENTATIVES
                                                                                                      JUNE 29, 2020
                                                                       Mr. GARCÍA of Illinois (for himself, Ms. LEE of California, Ms. PRESSLEY,
                                                                           Mrs. CAROLYN B. MALONEY of New York, Ms. HAALAND, Ms. TLAIB,
                                                                           Ms. SCHAKOWSKY, Ms. VELÁZQUEZ, Ms. NORTON, Mr. MCGOVERN, Mr.
                                                                           SERRANO, Ms. JAYAPAL, Mr. ESPAILLAT, Mrs. HAYES, Ms. WATERS, Mr.
                                                                           MCNERNEY, Ms. JUDY CHU of California, Ms. OCASIO-CORTEZ, Mr.
                                                                           NADLER, Mr. CARSON of Indiana, Ms. GARCIA of Texas, Ms. KAPTUR,
                                                                           Mr. COHEN, Mrs. KIRKPATRICK, Mr. KENNEDY, Mr. HASTINGS, and Mr.
                                                                           MFUME) introduced the following bill; which was referred to the Com-
                                                                           mittee on Financial Services, and in addition to the Committee on the
                                                                           Judiciary, for a period to be subsequently determined by the Speaker, in
                                                                           each case for consideration of such provisions as fall within the jurisdic-
                                                                           tion of the committee concerned




                                                                                                                   A BILL
                                                                          To provide a temporary moratorium on eviction filings, and
                                                                                             for other purposes.

                                                                          1               Be it enacted by the Senate and House of Representa-
                                                                          2 tives of the United States of America in Congress assembled,
                                                                          3        SECTION 1. SHORT TITLE.




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                                                                          4               This Act may be cited as the ‘‘Protecting Renters
                                                                          5 from Eviction and Fees Act of 2020’’.



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                                                                                                                                   2
                                                                          1        SEC. 2. EVICTION MORATORIUM.

                                                                          2               The CARES Act is amended by striking section 4024
                                                                          3 (15 U.S.C. 9058; Public Law 116–136; 134 Stat. 492)
                                                                          4 and inserting the following new section:
                                                                          5        ‘‘SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FIL-

                                                                          6                                 INGS.

                                                                          7               ‘‘(a) CONGRESSIONAL FINDINGS.—The Congress
                                                                          8 finds that—
                                                                          9                        ‘‘(1) according to the 2018 American Commu-
                                                                       10                 nity Survey, 36 percent of households in the United
                                                                       11                 States—more than 43 million households—are rent-
                                                                       12                 ers;
                                                                       13                          ‘‘(2) in 2019 alone, renters in the United States
                                                                       14                 paid $512 billion in rent;
                                                                       15                          ‘‘(3) according to the Joint Center for Housing
                                                                       16                 Studies of Harvard University, 20.8 million renters
                                                                       17                 in the United States spent more than 30 percent of
                                                                       18                 their incomes on housing in 2018 and 10.9 million
                                                                       19                 renters spent more than 50 percent of their incomes
                                                                       20                 on housing in the same year;
                                                                       21                          ‘‘(4) according to data from the Department of
                                                                       22                 Labor, more than 40 million people have filed for
                                                                       23                 unemployment since the COVID-19 pandemic began;
                                                                       24                          ‘‘(5) the impacts of the spread of COVID-19,




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                                                                       25                 which is now considered a global pandemic, are ex-
                                                                       26                 pected to negatively impact the incomes of poten-
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                                                                          1              tially millions of renter households, making it dif-
                                                                          2              ficult for them to pay their rent on time; and
                                                                          3                       ‘‘(6) evictions in the current environment would
                                                                          4              increase homelessness and housing instability, which
                                                                          5              would be counterproductive towards the public
                                                                          6              health goals of keeping individuals in their homes to
                                                                          7              the greatest extent possible.
                                                                          8              ‘‘(b) DEFINITIONS.—For purposes of this section, the
                                                                          9 following definitions shall apply:
                                                                       10                         ‘‘(1) COVERED DWELLING.—The term ‘covered
                                                                       11                dwelling’ means a dwelling that is occupied by a ten-
                                                                       12                ant—
                                                                       13                                  ‘‘(A) pursuant to a residential lease; or
                                                                       14                                  ‘‘(B) without a lease or with a lease ter-
                                                                       15                         minable at will under State law.
                                                                       16                         ‘‘(2) DWELLING.—The term ‘dwelling’’ has the
                                                                       17                meaning given such term in section 802 of the Fair
                                                                       18                Housing Act (42 U.S.C. 3602) and includes houses
                                                                       19                and dwellings described in section 803(b) of such
                                                                       20                Act (42 U.S.C. 3603(b)).
                                                                       21                ‘‘(c) MORATORIUM.—During the 1-year period begin-
                                                                       22 ning on March 27, 2020, the lessor of a covered dwelling
                                                                       23 may not—




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                                                                       24                         ‘‘(1) make, or cause to be made, any filing with
                                                                       25                the court of jurisdiction to initiate a legal action to


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                                                                                                                                  4
                                                                          1              recover possession of the covered dwelling from the
                                                                          2              tenant for nonpayment of rent or other fees or
                                                                          3              charges, or for reasons motivated wholly or in part
                                                                          4              by the nonpayment of rent or other fees or charges
                                                                          5              by the tenant; or
                                                                          6                       ‘‘(2) charge fees, penalties, or other charges to
                                                                          7              the tenant related to such nonpayment of rent.
                                                                          8              ‘‘(d) NOTICE TO VACATE AFTER MORATORIUM EXPI-
                                                                          9        RATION        DATE.—After the expiration of the period de-
                                                                       10 scribed in subsection (c), the lessor of a covered dwelling
                                                                       11 may not require the tenant to vacate the covered dwelling
                                                                       12 by reason of nonpayment of rent or other fees or charges
                                                                       13 before the expiration of the 30-day period that begins
                                                                       14 upon the provision by the lessor to the tenant, after the
                                                                       15 expiration of the period described in subsection (c), of a
                                                                       16 notice to vacate the covered dwelling.’’.
                                                                                                                                  Æ




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