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S. 4519, Rent Emergencies Leave Impacts on Evicted Families Act

Summary

S. 4519, the Rent Emergencies Leave Impacts on Evicted Families Act or the RELIEF Act, was introduced August 10, 2020 by Ms. Harris and referred to the Committee on Banking, Housing, and Urban Affairs. It is a bill to provide mortgage relief and to provide eviction relief for renters related to the COVID–19 pandemic. Section 2 may be cited as the COVID–19 Mortgage Relief Act. It amends section 4022 of the CARES Act by striking “Federally backed mortgage loan” and inserting “covered mortgage loan”, a term covering credit transactions secured by a mortgage on a manufactured home or a dwelling.

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Bills Bills 116S4519Is Bills 116S4519Is
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Bills Bills 116S4519Is Bills 116S4519Is

Cite this document

“S. 4519, Rent Emergencies Leave Impacts on Evicted Families Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4519is-bills-116s4519is/, SHA-256 e29ce16823296509a6873044e110ddbd6d0b369b2fd89022f99cb4f312000669.

Full text

                                                                                                                                                                        II




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                            S. 4519
                                                                        To provide mortgage relief and to provide eviction relief for renters related
                                                                                  to the COVID–19 pandemic, and for other purposes.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                  AUGUST 10, 2020
                                                                       Ms. HARRIS introduced the following bill; which was read twice and referred
                                                                              to the Committee on Banking, Housing, and Urban Affairs




                                                                                                               A BILL
                                                                     To provide mortgage relief and to provide eviction relief
                                                                        for renters related to the COVID–19 pandemic, 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.

                                                                       4              This Act may be cited as the ‘‘Rent Emergencies
                                                                       5 Leave Impacts on Evicted Families Act’’ or the ‘‘RELIEF
                                                                       6 Act’’.
                                                                       7     SEC. 2. MORTGAGE RELIEF.

                                                                       8              (a) SHORT TITLE.—This section may be cited as the




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                                                                       9 ‘‘COVID–19 Mortgage Relief Act’’.
                                                                     10               (b) MORTGAGE RELIEF.—

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                                                                       1                       (1) FORBEARANCE AND FORECLOSURE MORA-
                                                                       2              TORIUM FOR COVERED MORTGAGE LOANS.—Section

                                                                       3              4022 of the CARES Act (15 U.S.C. 9056) is
                                                                       4              amended—
                                                                       5                                 (A) by striking ‘‘Federally backed mort-
                                                                       6                       gage loan’’ each place such term appears and
                                                                       7                       inserting ‘‘covered mortgage loan’’; and
                                                                       8                                 (B) in subsection (a)—
                                                                       9                                        (i) by amending paragraph (2) to read
                                                                     10                                  as follows:
                                                                     11                        ‘‘(2) COVERED MORTGAGE LOAN.—The term
                                                                     12               ‘covered mortgage loan’—
                                                                     13                                  ‘‘(A) means any credit transaction that is
                                                                     14                        secured by a mortgage, deed of trust, or other
                                                                     15                        equivalent consensual security interest on—
                                                                     16                                         ‘‘(i) a 1- to 4-unit dwelling or on resi-
                                                                     17                                  dential real property that includes a 1- to
                                                                     18                                  4-unit dwelling;
                                                                     19                                         ‘‘(ii) a manufactured home; or
                                                                     20                                         ‘‘(iii) a covered recreational vehicle;
                                                                     21                                  and
                                                                     22                                  ‘‘(B) does not include a credit transaction
                                                                     23                        under an open end credit plan other than a re-
                                                                     24                        verse mortgage.’’; and



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                                                                       1                                        (ii) by adding at the end the fol-
                                                                       2                                 lowing:
                                                                       3                       ‘‘(3) COVERED PERIOD.—The term ‘covered pe-
                                                                       4              riod’ means the 12-month period beginning on the
                                                                       5              date of enactment of this Act.
                                                                       6                       ‘‘(4) COVERED RECREATIONAL VEHICLE.—The
                                                                       7              term ‘‘ ‘covered recreational vehicle’ ’’ means a rec-
                                                                       8              reational vehicle that is—
                                                                       9                                 ‘‘(A) rented or leased to a tenant by the
                                                                     10                        owner; and
                                                                     11                                  ‘‘(B) occupied by the tenant as the resi-
                                                                     12                        dence of the tenant.
                                                                     13                        ‘‘(5) MANUFACTURED HOME.—The term ‘man-
                                                                     14               ufactured home’ has the meaning given the term in
                                                                     15               section 603 of the National Manufactured Housing
                                                                     16               Construction and Safety Standards Act of 1974 (42
                                                                     17               U.S.C. 5402).’’.
                                                                     18                        (2) AUTOMATIC                        FORBEARANCE                  FOR    DELIN-

                                                                     19               QUENT              BORROWERS.—Section                            4022(c)          of   the
                                                                     20               CARES Act (15 U.S.C. 9056(c)) is amended by in-
                                                                     21               serting after paragraph (8), as added by paragraph
                                                                     22               (5) of this subsection, the following:
                                                                     23                        ‘‘(9) AUTOMATIC FORBEARANCE FOR DELIN-
                                                                     24               QUENT BORROWERS.—




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                                                                       1                                 ‘‘(A) IN GENERAL.—Notwithstanding any
                                                                       2                       other law governing forbearance relief—
                                                                       3                                        ‘‘(i) any borrower whose covered mort-
                                                                       4                                 gage loan became 60 days delinquent be-
                                                                       5                                 tween March 13, 2020, and the date of en-
                                                                       6                                 actment of this paragraph, and who has
                                                                       7                                 not already received a forbearance under
                                                                       8                                 subsection (b), shall automatically be
                                                                       9                                 granted a 60-day forbearance that begins
                                                                     10                                  on the date of enactment of this para-
                                                                     11                                  graph, provided that a borrower shall not
                                                                     12                                  be considered delinquent for purposes of
                                                                     13                                  this paragraph while making timely pay-
                                                                     14                                  ments or otherwise performing under a
                                                                     15                                  trial modification or other loss mitigation
                                                                     16                                  agreement; and
                                                                     17                                         ‘‘(ii) any borrower whose covered
                                                                     18                                  mortgage loan becomes 60 days delinquent
                                                                     19                                  between the date of enactment of this
                                                                     20                                  paragraph and the end of the covered pe-
                                                                     21                                  riod, and who has not already received a
                                                                     22                                  forbearance under subsection (b), shall
                                                                     23                                  automatically be granted a 60-day forbear-
                                                                     24                                  ance that begins on the 60th day of delin-



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                                                                     25                                  quency, provided that a borrower shall not


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                                                                       1                                 be considered delinquent for purposes of
                                                                       2                                 this paragraph while making timely pay-
                                                                       3                                 ments or otherwise performing under a
                                                                       4                                 trial modification or other loss mitigation
                                                                       5                                 agreement.
                                                                       6                                 ‘‘(B) INITIAL EXTENSION.—An automatic
                                                                       7                       forbearance provided under subparagraph (A)
                                                                       8                       shall be extended for up to an additional 120
                                                                       9                       days upon the request of the borrower, oral or
                                                                     10                        written, submitted to the servicer of the bor-
                                                                     11                        rower affirming that the borrower is experi-
                                                                     12                        encing a financial hardship that prevents the
                                                                     13                        borrower from making timely payments on the
                                                                     14                        covered mortgage loan due, directly or indi-
                                                                     15                        rectly, to the COVID–19 emergency.
                                                                     16                                  ‘‘(C) SUBSEQUENT                        EXTENSION.—A           for-
                                                                     17                        bearance extended under subparagraph (B)
                                                                     18                        shall be extended for up to an additional 180
                                                                     19                        days, up to a maximum of 360 days (including
                                                                     20                        the period of automatic forbearance), upon the
                                                                     21                        borrower’s request, oral or written, submitted to
                                                                     22                        the borrower’s servicer affirming that the bor-
                                                                     23                        rower is experiencing a financial hardship that
                                                                     24                        prevents the borrower from making timely pay-



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                                                                     25                        ments on the covered mortgage loan due, di-


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                                                                       1                       rectly or indirectly, to the COVID–19 emer-
                                                                       2                       gency.
                                                                       3                                 ‘‘(D) RIGHT TO ELECT TO CONTINUE MAK-
                                                                       4                       ING PAYMENTS.—

                                                                       5                                         ‘‘(i) IN GENERAL.—With respect to a
                                                                       6                                 forbearance provided under this paragraph,
                                                                       7                                 the borrower of the covered mortgage loan
                                                                       8                                 may elect to continue making regular pay-
                                                                       9                                 ments on the covered mortgage loan.
                                                                     10                                          ‘‘(ii) LOSS MITIGATION.—A borrower
                                                                     11                                  who makes an election described in clause
                                                                     12                                  (i) shall be offered a loss mitigation option
                                                                     13                                  pursuant to subsection (d) within 30 days
                                                                     14                                  of resuming regular payments to address
                                                                     15                                  any payment deficiency during the forbear-
                                                                     16                                  ance.
                                                                     17                                  ‘‘(E)       RIGHT            TO        SHORTEN                 FORBEAR-

                                                                     18                        ANCE.—

                                                                     19                                          ‘‘(i) IN GENERAL.—At the request of
                                                                     20                                  a borrower, any period of forbearance pro-
                                                                     21                                  vided to the borrower under this paragraph
                                                                     22                                  may be shortened.
                                                                     23                                          ‘‘(ii) LOSS MITIGATION.—A borrower
                                                                     24                                  who makes a request under clause (i) shall



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                                                                     25                                  be offered a loss mitigation option pursu-


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                                                                       1                                 ant to subsection (d) within 30 days of re-
                                                                       2                                 suming regular payments to address any
                                                                       3                                 payment deficiency during the forbearance.
                                                                       4                       ‘‘(10) AUTOMATIC FORBEARANCE FOR CERTAIN
                                                                       5              REVERSE MORTGAGE LOANS.—

                                                                       6                                 ‘‘(A) IN          GENERAL.—When                         any covered
                                                                       7                       mortgage loan that is also a federally insured
                                                                       8                       reverse mortgage loan, during the covered pe-
                                                                       9                       riod, is due and payable due to the death of the
                                                                     10                        last borrower or end of a deferral period or eli-
                                                                     11                        gible to be called due and payable due to a
                                                                     12                        property charge default, or if the borrower de-
                                                                     13                        faults on a property charge repayment plan, or
                                                                     14                        if the borrower defaults for failure to complete
                                                                     15                        property repairs, or if an obligation of the bor-
                                                                     16                        rower under the Security Instrument is not per-
                                                                     17                        formed, the mortgagee automatically shall be
                                                                     18                        granted a 6-month extension of—
                                                                     19                                         ‘‘(i) the mortgagee’s deadline to re-
                                                                     20                                  quest due and payable status from the De-
                                                                     21                                  partment of Housing and Urban Develop-
                                                                     22                                  ment;
                                                                     23                                         ‘‘(ii) the mortgagee’s deadline to send
                                                                     24                                  notification to the mortgagor or his or her



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                                                                     25                                  heirs that the loan is due and payable;


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                                                                       1                                        ‘‘(iii) the deadline to initiate fore-
                                                                       2                                 closure;
                                                                       3                                        ‘‘(iv) any reasonable diligence period
                                                                       4                                 related to foreclosure or the Mortgagee Op-
                                                                       5                                 tional Election;
                                                                       6                                        ‘‘(v) if applicable, the deadline to ob-
                                                                       7                                 tain the due and payable appraisal; and
                                                                       8                                        ‘‘(vi) any claim submission deadline,
                                                                       9                                 including the 6-month acquired property
                                                                     10                                  marketing period.
                                                                     11                                  ‘‘(B) FORBEARANCE PERIOD.—The mort-
                                                                     12                        gagee shall not request due and payable status
                                                                     13                        from the Secretary of Housing and Urban De-
                                                                     14                        velopment nor initiate foreclosure during this 6-
                                                                     15                        month period described in subparagraph (A),
                                                                     16                        which shall be considered a forbearance period.
                                                                     17                                  ‘‘(C) EXTENSION.—A forbearance provided
                                                                     18                        under subparagraph (B) and related deadline
                                                                     19                        extension authorized under subparagraph (A)
                                                                     20                        shall be extended for an additional 180 days
                                                                     21                        upon—
                                                                     22                                         ‘‘(i) the request of the borrower, oral
                                                                     23                                  or written, submitted to the servicer o the
                                                                     24                                  borrower affirming that the borrower is ex-



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                                                                     25                                  periencing a financial hardship that pre-


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                                                                       1                                 vents the borrower from making payments
                                                                       2                                 on property charges, completing property
                                                                       3                                 repairs, or performing an obligation of the
                                                                       4                                 borrower under the Security Instrument
                                                                       5                                 due, directly or indirectly, to the COVID–
                                                                       6                                 19 emergency;
                                                                       7                                        ‘‘(ii) the request of a non-borrowing
                                                                       8                                 spouse, oral or written, submitted to the
                                                                       9                                 servicer affirming that the non-borrowing
                                                                     10                                  spouse has been unable to satisfy all cri-
                                                                     11                                  teria for the Mortgagee Optional Election
                                                                     12                                  program due, directly or indirectly, to the
                                                                     13                                  COVID–19 emergency, or to perform all
                                                                     14                                  actions necessary to become an eligible
                                                                     15                                  non-borrowing spouse following the death
                                                                     16                                  of all borrowers; or
                                                                     17                                         ‘‘(iii) the request of a successor-in-in-
                                                                     18                                  terest of the borrower, oral or written, sub-
                                                                     19                                  mitted to the servicer affirming the dif-
                                                                     20                                  ficulty of the heir in satisfying the reverse
                                                                     21                                  mortgage loan due, directly or indirectly,
                                                                     22                                  to the COVID–19 emergency.
                                                                     23                                  ‘‘(D) CURTAILMENT OF DEBENTURE IN-
                                                                     24                        TEREST.—Where                        any covered mortgage loan



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                                                                     25                        that is also a federally insured reverse mortgage


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                                                                       1                       loan is in default during the covered period and
                                                                       2                       subject to a prior event which provides for cur-
                                                                       3                       tailment of debenture interest in connection
                                                                       4                       with a claim for insurance benefits, the curtail-
                                                                       5                       ment of debenture interest shall be suspended
                                                                       6                       during any forbearance period provided here-
                                                                       7                       in.’’.
                                                                       8                       (3) ADDITIONAL FORECLOSURE AND REPOSSES-
                                                                       9              SION          PROTECTIONS.—Section                              4022(c)           of   the
                                                                     10               CARES Act (15 U.S.C. 9056(c)) is amended—
                                                                     11                                  (A) in paragraph (2), by striking ‘‘may not
                                                                     12                        initiate any judicial or non-judicial foreclosure
                                                                     13                        process, move for a foreclosure judgment or
                                                                     14                        order of sale, or execute a foreclosure-related
                                                                     15                        eviction or foreclosure sale for not less than the
                                                                     16                        60-day period beginning on March 18, 2020’’
                                                                     17                        and inserting ‘‘may not initiate or proceed with
                                                                     18                        any judicial or non-judicial foreclosure process,
                                                                     19                        schedule a foreclosure sale, move for a fore-
                                                                     20                        closure judgment or order of sale, execute a
                                                                     21                        foreclosure related eviction or foreclosure sale
                                                                     22                        for 6 months after the date of enactment of the
                                                                     23                        COVID–19 Mortgage Relief Act’’; and
                                                                     24                                  (B) by adding at the end the following:



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                                                                       1                       ‘‘(3) REPOSSESSION MORATORIUM.—In the case
                                                                       2              of personal property, including any recreational or
                                                                       3              motor vehicle, used as a dwelling, no person may use
                                                                       4              any judicial or non-judicial procedure to repossess or
                                                                       5              otherwise take possession of the property for the 6-
                                                                       6              month period beginning on the date of enactment of
                                                                       7              this paragraph.’’.
                                                                       8                       (4) MORTGAGE FORBEARANCE REFORMS.—Sec-
                                                                       9              tion 4022 of the CARES Act (15 U.S.C. 9056) is
                                                                     10               amended—
                                                                     11                                  (A) in subsection (b), by striking para-
                                                                     12                        graphs (1), (2), and (3) and inserting the fol-
                                                                     13                        lowing:
                                                                     14                        ‘‘(1) IN GENERAL.—During the covered period,
                                                                     15               a borrower with a covered mortgage loan who has
                                                                     16               not obtained automatic forbearance pursuant to this
                                                                     17               section and who is experiencing a financial hardship
                                                                     18               that prevents the borrower from making timely pay-
                                                                     19               ments on the covered mortgage loan due, directly or
                                                                     20               indirectly, to the COVID–19 emergency may request
                                                                     21               forbearance on the covered mortgage loan, regard-
                                                                     22               less of delinquency status, by—
                                                                     23                                  ‘‘(A) submitting a request, orally or in
                                                                     24                        writing, to the servicer of the covered mortgage



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                                                                     25                        loan; and


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                                                                       1                                 ‘‘(B) affirming that the borrower is experi-
                                                                       2                       encing a financial hardship that prevents the
                                                                       3                       borrower from making timely payments on the
                                                                       4                       covered mortgage loan due, directly or indi-
                                                                       5                       rectly, to the COVID–19 emergency.
                                                                       6                       ‘‘(2) DURATION OF FORBEARANCE.—
                                                                       7                                 ‘‘(A) IN GENERAL.—Upon a request by a
                                                                       8                       borrower to a servicer for forbearance under
                                                                       9                       paragraph (1), the forbearance shall be granted
                                                                     10                        by the servicer for the period requested by the
                                                                     11                        borrower, up to an initial length not more than
                                                                     12                        180 days, the length of which shall be extended
                                                                     13                        by the servicer, at the request of the borrower
                                                                     14                        for the period or periods requested, for a total
                                                                     15                        forbearance period of not more than 12 months.
                                                                     16                                  ‘‘(B)                  MINIMUM                         FORBEARANCE

                                                                     17                        AMOUNTS.—For purposes of granting a forbear-

                                                                     18                        ance under this paragraph, a servicer may
                                                                     19                        grant an initial forbearance with a term of not
                                                                     20                        less than 90 days, provided that it is automati-
                                                                     21                        cally extended for an additional 90 days unless
                                                                     22                        the servicer confirms the borrower does not
                                                                     23                        want to renew the forbearance or that the bor-
                                                                     24                        rower is no longer experiencing a financial



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                                                                     25                        hardship that prevents the borrower from mak-


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                                                                       1                       ing timely mortgage payments due, directly or
                                                                       2                       indirectly, to the COVID–19 emergency.
                                                                       3                                 ‘‘(C)       RIGHT            TO        SHORTEN                 FORBEAR-

                                                                       4                       ANCE.—

                                                                       5                                         ‘‘(i) IN GENERAL.—At the request of
                                                                       6                                 a borrower, any period of forbearance de-
                                                                       7                                 scribed under this paragraph may be
                                                                       8                                 shortened.
                                                                       9                                         ‘‘(ii) LOSS MITIGATION.—A borrower
                                                                     10                                  who makes a request under clause (i) shall
                                                                     11                                  be offered a loss mitigation option pursu-
                                                                     12                                  ant to subsection (d) within 30 days of re-
                                                                     13                                  suming regular payments to address any
                                                                     14                                  payment deficiency during the forbearance.
                                                                     15                        ‘‘(3) ACCRUAL                    OF     INTEREST                 OR      FEES.—A

                                                                     16               servicer shall not charge a borrower any fees, pen-
                                                                     17               alties, or interest (beyond the amounts scheduled or
                                                                     18               calculated as if the borrower made all contractual
                                                                     19               payments on time and in full under the terms of the
                                                                     20               mortgage contract) in connection with a forbearance,
                                                                     21               provided that a servicer may offer the borrower a
                                                                     22               modification option at the end of a forbearance pe-
                                                                     23               riod granted hereunder that includes the capitaliza-
                                                                     24               tion of past due principal and interest and escrow



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                                                                     25               payments as long as the principal and interest pay-


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                                                                       1              ment of the borrower under such modification re-
                                                                       2              mains at or below the contractual principal and in-
                                                                       3              terest payments owed under the terms of the mort-
                                                                       4              gage contract before such forbearance period except
                                                                       5              as the result of a change in the index of an adjust-
                                                                       6              able rate mortgage.
                                                                       7                       ‘‘(4) COMMUNICATION WITH SERVICERS.—Any
                                                                       8              communication between a borrower and a servicer
                                                                       9              described in this section may be made in writing or
                                                                     10               orally, at the election of the borrower.
                                                                     11                        ‘‘(5) COMMUNICATION WITH BORROWERS WITH
                                                                     12               A DISABILITY.—

                                                                     13                                  ‘‘(A) IN GENERAL.—Upon request from a
                                                                     14                        borrower, servicers shall communicate with bor-
                                                                     15                        rowers who have a disability in the preferred
                                                                     16                        method of communication of the borrower.
                                                                     17                                  ‘‘(B) DEFINITION.—In this paragraph, the
                                                                     18                        term ‘disability’ has the meaning given the
                                                                     19                        term—
                                                                     20                                         ‘‘(i) ‘handicap’ in section 802 of the
                                                                     21                                  Fair Housing Act (42 U.S.C. 3602);
                                                                     22                                         ‘‘(ii) in section 3 of the Americans
                                                                     23                                  with Disabilities Act of 1990 (42 U.S.C.
                                                                     24                                  12102); or



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                                                                       1                                        ‘‘(iii) section 7 of the Rehabilitation
                                                                       2                                 Act of 1973 (29 U.S.C. 705.’’; and
                                                                       3                                 (B) in subsection (c), by amending para-
                                                                       4                       graph (1) to read as follows:
                                                                       5                       ‘‘(1)        NO         DOCUMENTATION                            REQUIRED.—A

                                                                       6              servicer of a covered mortgage loan shall not require
                                                                       7              any documentation with respect to a forbearance
                                                                       8              under this section other than the oral or written af-
                                                                       9              firmation of the borrower to a financial hardship
                                                                     10               that prevents the borrower from making timely pay-
                                                                     11               ments on the covered mortgage loan due, directly or
                                                                     12               indirectly, to the COVID–19 emergency. An oral re-
                                                                     13               quest for forbearance and oral affirmation of hard-
                                                                     14               ship by the borrower shall be sufficient for the bor-
                                                                     15               rower to obtain or extend a forbearance.’’.
                                                                     16                        (5) OTHER SERVICER REQUIREMENTS DURING
                                                                     17               FORBEARANCE.—Section 4022(c) of the CARES Act

                                                                     18               (15 U.S.C. 9056(c)), as amended by paragraph (3)
                                                                     19               of this subsection, is amended by adding at the end
                                                                     20               the following:
                                                                     21                        ‘‘(4) FORBEARANCE                        TERMS NOTICE.—Within

                                                                     22               30 days of a servicer of a covered mortgage loan
                                                                     23               providing forbearance to a borrower under sub-
                                                                     24               section (b) or paragraph (9) or (10), or 10 days if



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                                                                     25               the forbearance is for a term of less than 60 days,


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                                                                       1              but only where the forbearance was provided in re-
                                                                       2              sponse to a request by the borrower for forbearance
                                                                       3              or when an automatic forbearance was initially pro-
                                                                       4              vided under paragraph (9) or (10), and not when an
                                                                       5              existing forbearance is automatically extended, the
                                                                       6              servicer shall provide the borrower with a notice in
                                                                       7              accordance with the terms in paragraph (5).
                                                                       8                       ‘‘(5) CONTENTS OF NOTICE.—The written no-
                                                                       9              tice required under paragraph (4) shall state in
                                                                     10               plain language—
                                                                     11                                  ‘‘(A) the specific terms of the forbearance;
                                                                     12                                  ‘‘(B) the beginning and ending dates of the
                                                                     13                        forbearance;
                                                                     14                                  ‘‘(C) that the borrower is eligible for not
                                                                     15                        more than 12 months of forbearance;
                                                                     16                                  ‘‘(D) that the borrower may request an ex-
                                                                     17                        tension of the forbearance unless the borrower
                                                                     18                        will have reached the maximum period at the
                                                                     19                        end of the forbearance;
                                                                     20                                  ‘‘(E) that the borrower may request that
                                                                     21                        the initial or extended period be shortened at
                                                                     22                        any time;
                                                                     23                                  ‘‘(F) that the borrower should contact the
                                                                     24                        servicer before the end of the forbearance pe-



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                                                                     25                        riod;


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                                                                       1                                 ‘‘(G) a description of the loss mitigation
                                                                       2                       options that may be available to the borrower at
                                                                       3                       the end of the forbearance period based on the
                                                                       4                       specific covered mortgage loan of the borrower;
                                                                       5                                 ‘‘(H) information on how to find a housing
                                                                       6                       counseling agency approved by the Department
                                                                       7                       of Housing and Urban Development;
                                                                       8                                 ‘‘(I) in the case of a forbearance provided
                                                                       9                       pursuant to paragraph (9) or (10), that the for-
                                                                     10                        bearance was automatically provided and how
                                                                     11                        to contact the servicer to make arrangements
                                                                     12                        for further assistance, including any renewal;
                                                                     13                        and
                                                                     14                                  ‘‘(J) where applicable, that the forbearance
                                                                     15                        is subject to an automatic extension, including
                                                                     16                        the terms of any such automatic extensions and
                                                                     17                        when any further extension would require a bor-
                                                                     18                        rower request.
                                                                     19                        ‘‘(6) TREATMENT                       OF      ESCROW             ACCOUNTS.—

                                                                     20               During any forbearance provided under this section,
                                                                     21               a servicer shall pay or advance funds to make dis-
                                                                     22               bursements in a timely manner from any escrow ac-
                                                                     23               count established on the covered mortgage loan.
                                                                     24                        ‘‘(7) NOTIFICATION FOR BORROWERS.—During



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                                                                     25               the period beginning on the date that is 90 days


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                                                                       1              after the date of the enactment of this paragraph
                                                                       2              and ending on the last day of the covered period,
                                                                       3              each servicer of a covered mortgage loan shall be re-
                                                                       4              quired to—
                                                                       5                                 ‘‘(A) make available in a clear and con-
                                                                       6                       spicuous manner on their web page accurate in-
                                                                       7                       formation, in English and in the top 10 most
                                                                       8                       widely spoken languages used by limited
                                                                       9                       English proficient borrowers, for borrowers re-
                                                                     10                        garding the availability of forbearance as pro-
                                                                     11                        vided under subsection (b); and
                                                                     12                                  ‘‘(B) notify every borrower whose pay-
                                                                     13                        ments on a covered mortgage loan are delin-
                                                                     14                        quent in any oral communication with or to the
                                                                     15                        borrower that the borrower may be eligible to
                                                                     16                        request forbearance as provided under sub-
                                                                     17                        section (b), except that such notice shall not be
                                                                     18                        required if the borrower already has requested
                                                                     19                        forbearance under subsection (b).
                                                                     20                        ‘‘(8) CERTAIN TREATMENT UNDER RESPA.—As
                                                                     21               long as a payment of a borrower on a covered mort-
                                                                     22               gage loan was not more than 30 days delinquent on
                                                                     23               March 13, 2020, a servicer may not deem the bor-
                                                                     24               rower as delinquent while a forbearance granted



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                                                                     25               under subsection (b) is in effect for purposes of the


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                                                                       1              application of sections 6 and 10 of the Real Estate
                                                                       2              Settlement Procedures Act (12 U.S.C. 2605, 2609)
                                                                       3              and any applicable regulations.’’.
                                                                       4                       (6) POST-FORBEARANCE LOSS MITIGATION.—
                                                                       5                                 (A) AMENDMENT TO CARES ACT.—Section
                                                                       6                       4022 of the CARES Act (15 U.S.C. 9056) is
                                                                       7                       amended by adding at the end the following:
                                                                       8              ‘‘(d) POST-FORBEARANCE LOSS MITIGATION.—
                                                                       9                       ‘‘(1) NOTICE OF AVAILABILITY OF ADDITIONAL
                                                                     10               FORBEARANCE.—With respect to any covered mort-

                                                                     11               gage loan as to which forbearance under this section
                                                                     12               has been granted and not otherwise extended, in-
                                                                     13               cluding by automatic extension, a servicer shall, not
                                                                     14               later than 30 days before the end of the forbearance
                                                                     15               period, in writing, notify the borrower that addi-
                                                                     16               tional forbearance may be available and how to re-
                                                                     17               quest such forbearance, except that no such notice
                                                                     18               is required where the borrower already has requested
                                                                     19               an extension of the forbearance period, is subject to
                                                                     20               automatic               extension              pursuant               to          subsection
                                                                     21               (b)(2)(B), or no additional forbearance is available.
                                                                     22                        ‘‘(2) LOSS MITIGATION OFFER BEFORE EXPIRA-
                                                                     23               TION OF FORBEARANCE.—Not                                     later than 30 days
                                                                     24               before the end of any forbearance period that has



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                                                                     25               not been extended or 30 days after a request by a


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                                                                       1              consumer to terminate the forbearance, which time
                                                                       2              shall be before the servicer initiates or engages in
                                                                       3              any foreclosure activity listed in subsection (c)(2),
                                                                       4              including incurring or charging to a borrower any
                                                                       5              fees or corporate advances related to a foreclosure,
                                                                       6              the servicer shall, in writing—
                                                                       7                                 ‘‘(A) offer the borrower a loss mitigation
                                                                       8                       option, without the charging of any fees or pen-
                                                                       9                       alties other than interest, such that the prin-
                                                                     10                        cipal and interest payment of the borrower re-
                                                                     11                        mains the same as it was prior to the forbear-
                                                                     12                        ance, subject to any adjustment of the index
                                                                     13                        pursuant to the terms of an adjustable rate
                                                                     14                        mortgage, and that—
                                                                     15                                         ‘‘(i) defers the payment of total ar-
                                                                     16                                  rearages, including any escrow advances,
                                                                     17                                  to the end of the existing term of the loan,
                                                                     18                                  without the charging or collection of any
                                                                     19                                  additional             interest            on          the     deferred
                                                                     20                                  amounts; or
                                                                     21                                         ‘‘(ii) extends the term of the mortgage
                                                                     22                                  loan, and capitalizes, defers, or forgives all
                                                                     23                                  escrow advances and other arrearages,
                                                                     24                        provided, however, that the servicer may offer



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                                                                     25                        the borrower a loss mitigation option that re-


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                                                                       1                       duces the principal and interest payment on the
                                                                       2                       loan and capitalizes, defers, or forgives all es-
                                                                       3                       crow advances or arrearages if the servicer has
                                                                       4                       information indicating that the borrower cannot
                                                                       5                       resume the pre-forbearance mortgage payments;
                                                                       6                       and
                                                                       7                                 ‘‘(B) concurrent with the loss mitigation
                                                                       8                       offer in subparagraph (A), notify the borrower
                                                                       9                       that the borrower has the right to be evaluated
                                                                     10                        for other loss mitigation options if the borrower
                                                                     11                        is not able to make the payment under the op-
                                                                     12                        tion offered in subparagraph (A).
                                                                     13                        ‘‘(3) EVALUATION FOR LOSS MITIGATION PRIOR
                                                                     14               TO FORECLOSURE INITIATION.—Before                                                 a servicer
                                                                     15               may initiate or engage in any foreclosure activity
                                                                     16               listed in subsection (c)(2), including incurring or
                                                                     17               charging to a borrower any fees or corporate ad-
                                                                     18               vances related to a foreclosure on the basis that the
                                                                     19               borrower has failed to perform under the loss miti-
                                                                     20               gation offer in paragraph (2)(A) within the first 90
                                                                     21               days after the option is offered, including a failure
                                                                     22               to accept the loss mitigation offer in paragraph
                                                                     23               (2)(A), the servicer shall—




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                                                                       1                                 ‘‘(A) unless the borrower has already sub-
                                                                       2                       mitted a complete application that the servicer
                                                                       3                       is reviewing—
                                                                       4                                        ‘‘(i) notify the borrower in writing of
                                                                       5                                 the documents and information, if any,
                                                                       6                                 needed by the servicer to enable the
                                                                       7                                 servicer to consider the borrower for all
                                                                       8                                 available loss mitigation options; and
                                                                       9                                        ‘‘(ii) exercise reasonable diligence to
                                                                     10                                  obtain the documents and information
                                                                     11                                  needed to complete the loss mitigation ap-
                                                                     12                                  plication of the borrower; and
                                                                     13                                  ‘‘(B) upon receipt of a complete applica-
                                                                     14                        tion or if, despite the exercise by the servicer of
                                                                     15                        reasonable diligence, the loss mitigation applica-
                                                                     16                        tion remains incomplete 60 days after the no-
                                                                     17                        tice in paragraph (2)(A) is sent—
                                                                     18                                         ‘‘(i) conduct an evaluation of the com-
                                                                     19                                  plete or incomplete loss mitigation applica-
                                                                     20                                  tion without reference to whether the bor-
                                                                     21                                  rower has previously submitted a complete
                                                                     22                                  loss mitigation application; and
                                                                     23                                         ‘‘(ii) offer the borrower all available
                                                                     24                                  loss mitigation options for which the bor-



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                                                                     25                                  rower qualifies under applicable investor


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                                                                       1                                 guidelines, including guidelines regarding
                                                                       2                                 required documentation.
                                                                       3                       ‘‘(4) EFFECT ON FUTURE REQUESTS FOR LOSS
                                                                       4              MITIGATION REVIEW.—An application, offer, or eval-

                                                                       5              uation for loss mitigation under this section shall
                                                                       6              not be the basis for the denial of an application of
                                                                       7              a borrower as duplicative or for a reduction in the
                                                                       8              appeal rights of the borrower under Regulation X in
                                                                       9              part 1024 of title 12, Code of Federal Regulations,
                                                                     10               in regard to any loss mitigation application sub-
                                                                     11               mitted after the servicer has complied with the re-
                                                                     12               quirements of paragraphs (2) and (3).
                                                                     13                        ‘‘(5) SAFE HARBOR.—Any loss mitigation op-
                                                                     14               tion authorized by the Federal National Mortgage
                                                                     15               Association, the Federal Home Loan Corporation, or
                                                                     16               the Federal Housing Administration shall be deemed
                                                                     17               to comply with the requirements of paragraph
                                                                     18               (1)(B) if the loss mitigation option—
                                                                     19                                  ‘‘(A) defers the payment of total arrear-
                                                                     20                        ages, including any escrow advances, to the end
                                                                     21                        of the existing term of the loan, without the
                                                                     22                        charging or collection of any additional interest
                                                                     23                        on the deferred amounts; or
                                                                     24                                  ‘‘(B) extends the term of the mortgage



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                                                                     25                        loan, and capitalizes, defers, or forgives all es-


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                                                                       1                       crow advances and other arrearages, without
                                                                       2                       the charging of any fees or penalties beyond in-
                                                                       3                       terest on any amount capitalized into the loan
                                                                       4                       principal.
                                                                       5                       ‘‘(6) HOME RETENTION OPTIONS FOR CERTAIN
                                                                       6              REVERSE MORTGAGE LOANS.—

                                                                       7                                 ‘‘(A) IN GENERAL.—For a covered mort-
                                                                       8                       gage loan that is also a federally insured re-
                                                                       9                       verse mortgage loan, the conduct of a servicer
                                                                     10                        shall be deemed to comply with this section,
                                                                     11                        provided that if the loan is eligible to be called
                                                                     12                        due and payable due to a property charge de-
                                                                     13                        fault, the mortgagee shall, as a precondition to
                                                                     14                        sending a due and payable request to the Sec-
                                                                     15                        retary or initiating or continuing a foreclosure
                                                                     16                        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                                         ‘‘(ii) consider the borrower for all
                                                                     24                                  available home retention options as allowed



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                                                                     25                                  by the Secretary.


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                                                                       1                                 ‘‘(B) PERMISSIBLE REPAYMENT PLANS.—
                                                                       2                       The Secretary shall amend the allowable home
                                                                       3                       retention options of the Secretary to permit a
                                                                       4                       repayment plan of not more than 120 months
                                                                       5                       in length, and to permit a repayment plan with-
                                                                       6                       out regard to prior defaults on repayment
                                                                       7                       plans.
                                                                       8                                 ‘‘(C) LIMITATION ON INTEREST CURTAIL-
                                                                       9                       MENT.—The Secretary may not curtail interest

                                                                     10                        paid to mortgagees who engage in loss mitiga-
                                                                     11                        tion or home retention actions through interest
                                                                     12                        curtailment during such loss mitigation or home
                                                                     13                        retention review or during the period when a
                                                                     14                        loss mitigation or home retention plan is in ef-
                                                                     15                        fect and ending 90 days after any such plan
                                                                     16                        terminates.’’.
                                                                     17                                  (B) AMENDMENT                       TO HOUSING ACT OF

                                                                     18                        1949.—Section 505 of the Housing Act of 1949

                                                                     19                        (42 U.S.C. 1475) is amended—
                                                                     20                                         (i) by striking the section heading and
                                                                     21                                  inserting ‘‘LOSS MITIGATION AND FORE-
                                                                     22                                  CLOSURE PROCEDURES’’;

                                                                     23                                         (ii) in subsection (a), by striking the
                                                                     24                                  section designation and all that follows



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                                                                       1                                 through ‘‘During any’’ and inserting the
                                                                       2                                 following:
                                                                       3              ‘‘SEC. 505. (a) MORATORIUM.—(1) In determining
                                                                       4 the eligibility of a borrower for relief eligibility for relief,
                                                                       5 the Secretary shall make all eligibility decisions based on
                                                                       6 the household income, expenses, and circumstances of the
                                                                       7 borrower.
                                                                       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:
                                                                     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 COVID–19 Mortgage Re-
                                                                     20 lief Act, the Secretary shall determine whether the bor-
                                                                     21 rower can reasonably resume making principal and inter-
                                                                     22 est payments after the Secretary modifies the loan obliga-
                                                                     23 tion of the borrower obligations in accordance with para-
                                                                     24 graph (1).’’.



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                                                                       1                       (7) MULTIFAMILY MORTGAGE FORBEARANCE.—
                                                                       2              Section 4023 of the CARES Act (15 U.S.C. 9057)
                                                                       3              is amended—
                                                                       4                                 (A) in the section heading, by striking
                                                                       5                       ‘‘FEDERALLY BACKED LOANS’’;
                                                                       6                                 (B) by striking ‘‘Federally backed multi-
                                                                       7                       family mortgage loan’’ each place that term ap-
                                                                       8                       pears and inserting ‘‘multifamily mortgage
                                                                       9                       loan’’;
                                                                     10                                  (C) in subsection (b), by striking ‘‘during’’
                                                                     11                        and inserting ‘‘due, directly or indirectly, to’’;
                                                                     12                                  (D) in subsection (c)(1)—
                                                                     13                                         (i) in subparagraph (A), by adding
                                                                     14                                  ‘‘and’’ at the end; and
                                                                     15                                         (ii) by striking subparagraphs (B) and
                                                                     16                                  (C) and inserting the following:
                                                                     17                                  ‘‘(B) provide the forbearance for up to the
                                                                     18                        end        of         the        period         described            in   section
                                                                     19                        4024(b).’’;
                                                                     20                                  (E) by redesignating subsection (f) as sub-
                                                                     21                        section (g);
                                                                     22                                  (F) by inserting after subsection (e) the
                                                                     23                        following:
                                                                     24               ‘‘(f) TREATMENT AFTER FORBEARANCE.—



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                                                                       1                       ‘‘(1) IN GENERAL.—With respect to a multi-
                                                                       2              family mortgage loan provided a forbearance under
                                                                       3              this section, the servicer of the loan—
                                                                       4                                 ‘‘(A) shall provide the borrower with a 12-
                                                                       5                       month period beginning at the end of the for-
                                                                       6                       bearance to become current on the payments
                                                                       7                       under the loan;
                                                                       8                                 ‘‘(B) may not charge any late fees, pen-
                                                                       9                       alties, or other charges with respect to pay-
                                                                     10                        ments on the loan that were due during the for-
                                                                     11                        bearance period, if the payments are made be-
                                                                     12                        fore the end of the 12-month period; and
                                                                     13                                  ‘‘(C) may not report any adverse informa-
                                                                     14                        tion to a credit rating agency (as defined in sec-
                                                                     15                        tion 603 of the Fair Credit Reporting Act (12
                                                                     16                        U.S.C. 1681a)) with respect to any payments
                                                                     17                        on the loan that were due during the forbear-
                                                                     18                        ance period, if the payments are made before
                                                                     19                        the end of the 12-month period.
                                                                     20                        ‘‘(2) PENALTY.—A violation of paragraph
                                                                     21               (1)(C) shall be treated as a violation of the Fair
                                                                     22               Credit Reporting Act (15 U.S.C. 1601 et seq.) for
                                                                     23               purposes of subsections (a) and (b) of section 621
                                                                     24               of that Act (15 U.S.C. 1681s) (relating to adminis-



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                                                                     25               trative enforcement by Federal agencies).’’; and


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                                                                       1                                 (G) in subsection (g), as so redesignated—
                                                                       2                                        (i) in paragraph (2)—
                                                                       3                                                 (I) in the paragraph heading, by
                                                                       4                                        striking ‘‘FEDERALLY BACKED MULTI-
                                                                       5                                        FAMILY’’              and          inserting            ‘‘MULTI-
                                                                       6                                        FAMILY’’;

                                                                       7                                                 (II) by striking ‘‘that—’’ and all
                                                                       8                                        that follows through ‘‘(A) is secured
                                                                       9                                        by’’ and inserting ‘‘that is secured
                                                                     10                                         by’’;
                                                                     11                                                  (III) by striking ‘‘; and’’ and in-
                                                                     12                                         serting a period; and
                                                                     13                                                  (IV) by striking subparagraph
                                                                     14                                         (B); and
                                                                     15                                         (ii) by amending paragraph (5) to
                                                                     16                                  read as follows:
                                                                     17                        ‘‘(5) COVERED PERIOD.—The term ‘covered pe-
                                                                     18               riod’ has the meaning given the term in section
                                                                     19               4022(a)(3).’’.
                                                                     20                        (8) RENTER PROTECTIONS DURING FORBEAR-
                                                                     21               ANCE PERIOD.—A borrower that receives a forbear-

                                                                     22               ance pursuant to section 4022 or 4023 of the
                                                                     23               CARES Act (15 U.S.C. 9056 or 9057) may not, for
                                                                     24               the duration of the forbearance—



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                                                                       1                                 (A) evict, initiate, or file and execute the
                                                                       2                       eviction of a tenant solely for nonpayment of
                                                                       3                       rent or other fees or charges; or
                                                                       4                                 (B) charge any late fees, penalties, or
                                                                       5                       other charges to a tenant for late payment of
                                                                       6                       rent.
                                                                       7                       (9) EXTENSION OF GSE PATCH.—
                                                                       8                                 (A)         NON-APPLICABILITY                          OF      EXISTING

                                                                       9                       SUNSET.—Section 1026.43(e)(4)(iii)(B) of title

                                                                     10                        12, Code of Federal Regulations, shall have no
                                                                     11                        force or effect.
                                                                     12                                  (B)         EXTENDED                SUNSET.—The                  special
                                                                     13                        rules in section 1026.43(e)(4) of title 12, Code
                                                                     14                        of Federal Regulations, shall apply to covered
                                                                     15                        transactions consummated prior to June 1,
                                                                     16                        2022, or such later date as the Director of the
                                                                     17                        Bureau of Consumer Financial Protection may
                                                                     18                        determine, by rule.
                                                                     19                        (10) SERVICER SAFE HARBOR FROM INVESTOR
                                                                     20               LIABILITY.—

                                                                     21                                  (A) SAFE HARBOR.—
                                                                     22                                         (i) IN GENERAL.—A servicer of cov-
                                                                     23                                  ered mortgage loans or multifamily mort-
                                                                     24                                  gage loans—



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                                                                       1                                                 (I) shall be deemed not to have
                                                                       2                                        violated any duty or contractual obli-
                                                                       3                                        gation owed to investors or other par-
                                                                       4                                        ties regarding those mortgage loans
                                                                       5                                        on account of offering or imple-
                                                                       6                                        menting in good faith forbearance
                                                                       7                                        during the covered period or offering
                                                                       8                                        or implementing in good faith post-
                                                                       9                                        forbearance loss mitigation (including
                                                                     10                                         after the expiration of the covered pe-
                                                                     11                                         riod) in accordance with the terms of
                                                                     12                                         sections            4022          and           4023    of   the
                                                                     13                                         CARES Act (15 U.S.C. 9056, 9057)
                                                                     14                                         to borrowers, respectively, on covered
                                                                     15                                         or multifamily mortgage loans that
                                                                     16                                         the servicer services; and
                                                                     17                                                  (II) shall not be liable to any
                                                                     18                                         party who is owed such a duty or obli-
                                                                     19                                         gation or subject to any injunction,
                                                                     20                                         stay, or other equitable relief to such
                                                                     21                                         party on account of such offer or im-
                                                                     22                                         plementation of forbearance or post-
                                                                     23                                         forbearance loss mitigation.
                                                                     24                                         (ii) OTHER                  PERSONS.—Any                person,



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                                                                     25                                  including a trustee of a securitization vehi-


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                                                                       1                                 cle     or        other            party        involved       in   a
                                                                       2                                 securitization or other investment vehicle,
                                                                       3                                 who in good faith cooperates with a
                                                                       4                                 servicer of covered or multifamily mortgage
                                                                       5                                 loans held by that securitization or invest-
                                                                       6                                 ment vehicle to comply with the terms of
                                                                       7                                 section 4022 and 4023 of the CARES Act
                                                                       8                                 (15 U.S.C. 9056, 9057), respectively, to
                                                                       9                                 borrowers on covered or multifamily mort-
                                                                     10                                  gage loans owned by the securitization or
                                                                     11                                  other investment vehicle shall not be liable
                                                                     12                                  to any party who is owed such a duty or
                                                                     13                                  obligation or subject to any injunction,
                                                                     14                                  stay, or other equitable relief to such party
                                                                     15                                  on account of the cooperation of the
                                                                     16                                  servicer with an offer or implementation of
                                                                     17                                  forbearance during the covered period or
                                                                     18                                  post-forbearance loss mitigation, including
                                                                     19                                  after the expiration of the covered period.
                                                                     20                                  (B) STANDARD                       INDUSTRY             PRACTICE.—

                                                                     21                        During the covered period, notwithstanding any
                                                                     22                        contractual restrictions, it is deemed to be
                                                                     23                        standard industry practice for a servicer to
                                                                     24                        offer forbearance or loss mitigation options in



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                                                                     25                        accordance with the terms of sections 4022 and


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                                                                       1                       4023 of the CARES Act (15 U.S.C. 9056,
                                                                       2                       9057) to borrowers, respectively, on all covered
                                                                       3                       or multifamily mortgage loans serviced by the
                                                                       4                       servicer.
                                                                       5                                 (C) RULE OF CONSTRUCTION.—Nothing in
                                                                       6                       this paragraph may be construed as affecting
                                                                       7                       the liability of a servicer or other person for ac-
                                                                       8                       tual fraud in the servicing of a mortgage loan
                                                                       9                       or for the violation of a State or Federal law.
                                                                     10                                  (D) DEFINITIONS.—In this paragraph:
                                                                     11                                         (i) COVERED MORTGAGE LOAN.—The
                                                                     12                                  term ‘‘covered mortgage loan’’ has the
                                                                     13                                  meaning given the term in section 4022(a)
                                                                     14                                  of the CARES Act (15 U.S.C. 9056(a)).
                                                                     15                                         (ii) COVERED                     PERIOD.—The            term
                                                                     16                                  ‘‘covered period’’ has the meaning given
                                                                     17                                  that term in section 4023(g) of the
                                                                     18                                  CARES Act (15 U.S.C. 9057(g)).
                                                                     19                                         (iii)            MULTIFAMILY                        MORTGAGE

                                                                     20                                  LOAN.—The               term ‘‘multifamily mortgage
                                                                     21                                  loan’’ has the meaning given the term in
                                                                     22                                  section 4023(g) of the CARES Act (15
                                                                     23                                  U.S.C. 9057(g)).
                                                                     24                                         (iv)                SERVICER.—The                       term



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                                                                     25                                  ‘‘servicer’’—


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                                                                       1                                                 (I) has the meaning given the
                                                                       2                                        term in section 6(i) of the Real Estate
                                                                       3                                        Settlement Procedures Act of 1974
                                                                       4                                        (12 U.S.C. 2605(i)); and
                                                                       5                                                 (II) means a master servicer and
                                                                       6                                        a subservicer, as those terms are de-
                                                                       7                                        fined in section 1024.31 of title 12,
                                                                       8                                        Code of Federal Regulations.
                                                                       9                                        (v) SECURITIZATION                         VEHICLE.—The

                                                                     10                                  term         ‘‘securitization               vehicle’’           has   the
                                                                     11                                  meaning           given            that      term          in    section
                                                                     12                                  129A(f) of the Truth in Lending Act (15
                                                                     13                                  U.S.C. 1639a(f)).
                                                                     14                        (11) AMENDMENTS                          TO        NATIONAL               HOUSING

                                                                     15               ACT.—Section                   306(g)(1) of the National Housing
                                                                     16               Act (12 U.S.C. 1721(g)(1)) is amended—
                                                                     17                                  (A) in the fifth sentence, by inserting after
                                                                     18                        ‘‘issued’’ the following: ‘‘, subject to any pledge
                                                                     19                        or grant of security interest of the Federal Re-
                                                                     20                        serve under section 4003(a) of the CARES Act
                                                                     21                        (15 U.S.C. 9042(a)) and to any such mortgage
                                                                     22                        or mortgages or any interest therein and the
                                                                     23                        proceeds thereon, which the Association may
                                                                     24                        elect to approve’’; and



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                                                                     25                                  (B) in the sixth sentence—


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                                                                       1                                        (i) by striking ‘‘or (C)’’ and inserting
                                                                       2                                 ‘‘(C)’’; and
                                                                       3                                        (ii) by inserting before the period the
                                                                       4                                 following: ‘‘, or (D) its approval and hon-
                                                                       5                                 oring of any pledge or grant of security in-
                                                                       6                                 terest of the Federal Reserve under section
                                                                       7                                 4003(a) of the CARES Act (15 U.S.C.
                                                                       8                                 9042(a)) and to any such mortgage or
                                                                       9                                 mortgages or any interest therein and pro-
                                                                     10                                  ceeds thereon.’’.
                                                                     11                        (12) BANKRUPTCY PROTECTIONS.—
                                                                     12                                  (A) BANKRUPTCY PROTECTIONS FOR FED-
                                                                     13                        ERAL CORONAVIRUS RELIEF PAYMENTS.—Sec-

                                                                     14                        tion 541(b) of title 11, United States Code, is
                                                                     15                        amended—
                                                                     16                                         (i) in paragraph (9), in the matter fol-
                                                                     17                                  lowing subparagraph (B), by striking ‘‘or’’;
                                                                     18                                         (ii) in paragraph (10)(C), by striking
                                                                     19                                  the period at the end and inserting ‘‘; or’’;
                                                                     20                                  and
                                                                     21                                         (iii) by inserting after paragraph (10)
                                                                     22                                  the following:
                                                                     23                        ‘‘(11) payments made under Federal law relat-
                                                                     24               ing to the national emergency declared by the Presi-



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                                                                     25               dent under the National Emergencies Act (50


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                                                                       1              U.S.C. 1601 et seq.) with respect to the Coronavirus
                                                                       2              disease 2019 (COVID–19).’’.
                                                                       3                                 (B) PROTECTION                       AGAINST             DISCRIMINA-

                                                                       4                       TORY TREATMENT OF HOMEOWNERS IN BANK-

                                                                       5                       RUPTCY.—Section                      525 of title 11, United
                                                                       6                       States Code, is amended by adding at the end
                                                                       7                       the following:
                                                                       8              ‘‘(d) A person may not be denied any forbearance,
                                                                       9 assistance, or loan modification relief made available to
                                                                     10 borrowers by a mortgage creditor or servicer because the
                                                                     11 person is or has been a debtor, or has received a discharge,
                                                                     12 in a case under this title.’’.
                                                                     13                                  (C) INCREASING THE HOMESTEAD EXEMP-
                                                                     14                        TION.—Section 522 of title 11, United States

                                                                     15                        Code, is amended—
                                                                     16                                         (i) in subsection (d)(1), by striking
                                                                     17                                  ‘‘$15,000’’ and inserting ‘‘$100,000’’; and
                                                                     18                                         (ii) by adding at the end the fol-
                                                                     19                                  lowing:
                                                                     20               ‘‘(r) Notwithstanding any other provision of applica-
                                                                     21 ble nonbankruptcy law, a debtor in any State may exempt
                                                                     22 from property of the estate the property described in sub-
                                                                     23 section (d)(1) not to exceed the value in subsection (d)(1)
                                                                     24 if the exemption for such property permitted by applicable



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                                                                     25 nonbankruptcy law is lower than that amount.’’.


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                                                                       1                                 (D) EFFECT OF MISSED MORTGAGE PAY-
                                                                       2                       MENTS ON DISCHARGE.—Section 1328 of title

                                                                       3                       11, United States Code, is amended by adding
                                                                       4                       at the end the following:
                                                                       5              ‘‘(i) A debtor shall not be denied a discharge under
                                                                       6 this section because, as of the date of discharge, the debtor
                                                                       7 did not make 6 or fewer payments directly to the holder
                                                                       8 of a debt secured by real property.
                                                                       9              ‘‘(j) Notwithstanding subsections (a) and (b), upon
                                                                     10 the debtor’s request, the court shall grant a discharge of
                                                                     11 all debts provided for in the plan that are dischargeable
                                                                     12 under subsection (a) if the debtor—
                                                                     13                        ‘‘(1) has made payments under a confirmed
                                                                     14               plan for at least 1 year; and
                                                                     15                        ‘‘(2) who is experiencing or has experienced a
                                                                     16               material financial hardship due, directly or indi-
                                                                     17               rectly, to the Coronavirus disease 2019 (COVID–19)
                                                                     18               pandemic.’’.
                                                                     19                                  (E) EXPANDED ELIGIBILITY FOR CHAPTER
                                                                     20                        13.—Section 109(e) of title 11, United States

                                                                     21                        Code, is amended—
                                                                     22                                         (i) by striking ‘‘$250,000’’ each place
                                                                     23                                  the         term           appears               and           inserting
                                                                     24                                  ‘‘$850,000’’; and



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                                                                       1                                        (ii) by striking ‘‘$750,000’’ each place
                                                                       2                                 the         term           appears               and           inserting
                                                                       3                                 ‘‘$2,600,000’’.
                                                                       4                                 (F) EXTENDED CURE PERIOD FOR HOME-
                                                                       5                       OWNERS HARMED BY COVID–19 PANDEMIC.—

                                                                       6                                        (i) IN GENERAL.—Chapter 13 of title
                                                                       7                                 11, United States Code, is amended by
                                                                       8                                 adding at 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)



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                                                                     25 that are made after the end of the period during which


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                                                                       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                                         (ii) TABLE OF CONTENTS.—The table
                                                                     24                                  of sections of chapter 13, title 11, United



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                                                                       1                                 States Code, is amended by adding at the
                                                                       2                                 end thereof the following:
                                                                             ‘‘Sec. 1331. Special provisions related to COVID–19 pandemic.’’.

                                                                       3                                        (iii) APPLICATION.—The amendments
                                                                       4                                 made by this paragraph shall apply only to
                                                                       5                                 any case under title 11, United States
                                                                       6                                 Code, commenced or pending during the 3-
                                                                       7                                 year period beginning on the date of enact-
                                                                       8                                 ment of this Act in which a plan under
                                                                       9                                 chapter 13 of title 11, United States Code,
                                                                     10                                  was not confirmed before March 27, 2020.
                                                                     11                        (13) LIQUIDITY                     FOR        MORTGAGE               SERVICERS

                                                                     12               AND RESIDENTIAL RENTAL PROPERTY OWNERS.—

                                                                     13                                  (A) IN GENERAL.—Section 4003 of the
                                                                     14                        CARES Act (15 U.S.C. 9042) is amended by
                                                                     15                        adding at the end the 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 in section 4022) and
                                                                     20               multifamily mortgage loans (as defined in section
                                                                     21               4023) are provided—
                                                                     22                                  ‘‘(A) the opportunity to participate in the
                                                                     23                        loans, loan guarantees, or other investments




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                                                                     24                        made by the Secretary under this section; and


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                                                                       1                                 ‘‘(B) with access to such opportunities
                                                                       2                       under equitable terms and conditions regardless
                                                                       3                       of their size.
                                                                       4                       ‘‘(2) MORTGAGE                      SERVICER             ELIGIBILITY.—In

                                                                       5              order to receive assistance under subsection (b)(4),
                                                                       6              a mortgage servicer shall—
                                                                       7                                 ‘‘(A)       demonstrate                 that           the      mortgage
                                                                       8                       servicer has established policies and procedures
                                                                       9                       to use such funds only to replace funds used for
                                                                     10                        borrower assistance, including to advance funds
                                                                     11                        as a result of forbearance or other loss mitiga-
                                                                     12                        tion provided to borrowers;
                                                                     13                                  ‘‘(B)       demonstrate                 that           the      mortgage
                                                                     14                        servicer has established policies and procedures
                                                                     15                        to provide forbearance, post-forbearance loss
                                                                     16                        mitigation, and other assistance to borrowers in
                                                                     17                        compliance with the terms of section 4022 or
                                                                     18                        4023, as applicable;
                                                                     19                                  ‘‘(C)       demonstrate                 that           the      mortgage
                                                                     20                        servicer has established policies and procedures
                                                                     21                        to ensure that forbearance and post-forbearance
                                                                     22                        assistance is available to all borrowers in a non-
                                                                     23                        discriminatory fashion and in compliance with
                                                                     24                        the Fair Housing Act (42 U.S.C. 3601 et seq.),



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                                                                     25                        the Equal Credit Opportunity Act (15 U.S.C.


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                                                                       1                       1691 et seq.), and other applicable fair housing
                                                                       2                       and fair lending laws; and
                                                                       3                                 ‘‘(D) comply with the limitations on com-
                                                                       4                       pensation set forth in section 4004.
                                                                       5                       ‘‘(3) MORTGAGE SERVICER REQUIREMENTS.—A
                                                                       6              mortgage servicer receiving assistance under sub-
                                                                       7              section (b)(4) may not, while the servicer is under
                                                                       8              any obligation to repay funds provided or guaran-
                                                                       9              teed under this section—
                                                                     10                                  ‘‘(A) pay dividends with respect to the
                                                                     11                        common stock of the mortgage servicer or pur-
                                                                     12                        chase an equity security of the mortgage
                                                                     13                        servicer or any parent company of the mortgage
                                                                     14                        servicer if the security is listed on a national se-
                                                                     15                        curities exchange, except to the extent required
                                                                     16                        under a contractual obligation that is in effect
                                                                     17                        on the date of enactment of this subsection; or
                                                                     18                                  ‘‘(B) prepay any debt obligation.’’.
                                                                     19                                  (B) CREDIT FACILITY FOR RESIDENTIAL
                                                                     20                        RENTAL PROPERTY OWNERS.—

                                                                     21                                         (i) IN GENERAL.—The Board of Gov-
                                                                     22                                  ernors of the Federal Reserve System
                                                                     23                                  shall—
                                                                     24                                                  (I) establish a facility, using



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                                                                     25                                         amounts made available under section


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                                                                       1                                        4003(b)(4) of the CARES Act (15
                                                                       2                                        U.S.C. 9042(b)(4)), to make long-
                                                                       3                                        term, low-cost loans to residential
                                                                       4                                        rental property owners as to tempo-
                                                                       5                                        rarily compensate such owners for
                                                                       6                                        documented financial losses caused by
                                                                       7                                        reductions in rent payments; and
                                                                       8                                                 (II) defer such owners’ required
                                                                       9                                        payments on such loans until after 6
                                                                     10                                         months after the date of enactment of
                                                                     11                                         this Act.
                                                                     12                                         (ii)       REQUIREMENTS.—A                              borrower
                                                                     13                                  that receives a loan under this subpara-
                                                                     14                                  graph may not, for the duration of the
                                                                     15                                  loan—
                                                                     16                                                  (I) evict, initiate, or file and exe-
                                                                     17                                         cute the eviction of a tenant solely for
                                                                     18                                         nonpayment of rent or other fees or
                                                                     19                                         charges;
                                                                     20                                                  (II) charge any late fees, pen-
                                                                     21                                         alties, or other charges to a tenant for
                                                                     22                                         late payment of rent; and
                                                                     23                                                  (III) with respect to a person or
                                                                     24                                         entity described in clause (iv), dis-



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                                                                       1                                        criminate on the basis of source of in-
                                                                       2                                        come.
                                                                       3                                        (iii) REPORT ON RESIDENTIAL RENT-
                                                                       4                                 AL    PROPERTY               OWNERS.—The                       Board of
                                                                       5                                 Governors of the Federal Reserve System
                                                                       6                                 shall issue a report to Congress containing
                                                                       7                                 the following, with respect to each property
                                                                       8                                 owner receiving a loan under this subpara-
                                                                       9                                 graph:
                                                                     10                                                  (I) The number of borrowers that
                                                                     11                                         received assistance under this sub-
                                                                     12                                         paragraph.
                                                                     13                                                  (II)        The         average            total    loan
                                                                     14                                         amount that each borrower received.
                                                                     15                                                  (III) The total number of rental
                                                                     16                                         units that each borrower owned.
                                                                     17                                                  (IV) The average rent charged by
                                                                     18                                         each borrower.
                                                                     19                                         (iv) REPORT ON LARGE RESIDENTIAL
                                                                     20                                  RENTAL PROPERTY OWNERS.—The                                        Board
                                                                     21                                  of Governors shall issue a report to Con-
                                                                     22                                  gress that identifies any person or entity
                                                                     23                                  that in aggregate owns or holds a control-
                                                                     24                                  ling interest in any entity that, in aggre-



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                                                                     25                                  gate, owns—


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                                                                       1                                                 (I) more than 100 rental units
                                                                       2                                        that are located within a single metro-
                                                                       3                                        politan statistical area;
                                                                       4                                                 (II) more than 1,000 rental units
                                                                       5                                        in the United States; or
                                                                       6                                                 (III) rental units in 3 or more
                                                                       7                                        States.
                                                                       8                                 (C) MORTGAGE                       PERFORMANCE                 DATA.—

                                                                       9                       Section 4003(c) of the CARES Act (15 U.S.C.
                                                                     10                        9042(c)) is amended by adding at the end the
                                                                     11                        following:
                                                                     12                        ‘‘(4) MORTGAGE PERFORMANCE DATA.—
                                                                     13                                  ‘‘(A) MONTHLY REPORT.—
                                                                     14                                         ‘‘(i) IN GENERAL.—A servicer of a
                                                                     15                                  residential mortgage loan receiving a loan,
                                                                     16                                  loan guarantee, or any other investment
                                                                     17                                  under this section shall, beginning in the
                                                                     18                                  first month in which the loan, loan guar-
                                                                     19                                  antee, or investment was received, collect
                                                                     20                                  and provide loan-level data to the Bureau
                                                                     21                                  of Consumer Financial Protection on a
                                                                     22                                  monthly basis with respect all residential
                                                                     23                                  mortgage loans serviced by the servicer.
                                                                     24                                         ‘‘(ii) CONTENTS.—Each monthly re-



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                                                                     25                                  port required under this subparagraph


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                                                                       1                                 shall contain identifying information and
                                                                       2                                 loan performance data for the most recent
                                                                       3                                 month as well as cumulative data since the
                                                                       4                                 servicer began reporting under this para-
                                                                       5                                 graph.
                                                                       6                                        ‘‘(iii) TIME PERIOD FOR REPORTS.—
                                                                       7                                 Reports under this paragraph shall be pro-
                                                                       8                                 vided by a servicer every month in which
                                                                       9                                 a loan, loan guarantee, or any other invest-
                                                                     10                                  ment under this section has been received
                                                                     11                                  and for 2 years following such receipt.
                                                                     12                                  ‘‘(B) IDENTIFYING                      INFORMATION.—Each

                                                                     13                        monthly report required under subparagraph
                                                                     14                        (A) shall include the following loan-level identi-
                                                                     15                        fying information:
                                                                     16                                         ‘‘(i) Demographic data, for each bor-
                                                                     17                                  rower, including race, ethnicity, sex, and
                                                                     18                                  age.
                                                                     19                                         ‘‘(ii) The location of the property, in-
                                                                     20                                  cluding by State, metropolitan statistical
                                                                     21                                  area, postal code, census tract, and metro-
                                                                     22                                  politan division, if applicable.
                                                                     23                                         ‘‘(iii) Loan origination information,
                                                                     24                                  including original unpaid principal balance,



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                                                                       1                                 original loan term, and lien status (first or
                                                                       2                                 subordinate).
                                                                       3                                        ‘‘(iv) Loan type and type of loan pur-
                                                                       4                                 chaser, as described in section 304 of the
                                                                       5                                 Home Mortgage Disclosure Act of 1975
                                                                       6                                 (12 U.S.C. 2803) and the rules issued to
                                                                       7                                 carry out that section.
                                                                       8                                 ‘‘(C) LOAN              PERFORMANCE DATA.—Each

                                                                       9                       monthly report required under subparagraph
                                                                     10                        (A) shall include the following loan-level loan
                                                                     11                        performance data:
                                                                     12                                         ‘‘(i) Current loan information, includ-
                                                                     13                                  ing current actual unpaid principal bal-
                                                                     14                                  ance, current interest rate, current loan
                                                                     15                                  delinquency status (based on the number
                                                                     16                                  of days the borrower is delinquent in pay-
                                                                     17                                  ments based on the due date of the last
                                                                     18                                  paid loan payment), loan performance sta-
                                                                     19                                  tus (including current, forbearance, repay-
                                                                     20                                  ment plan, referred to foreclosure, trial
                                                                     21                                  modification, permanent modification, or
                                                                     22                                  foreclosed), and the date of the event lead-
                                                                     23                                  ing to such status.
                                                                     24                                         ‘‘(ii) Loss mitigation information, in-



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                                                                     25                                  cluding—


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                                                                       1                                                 ‘‘(I) whether the loan is currently
                                                                       2                                        being evaluated for loss mitigation,
                                                                       3                                        and if so the date upon which the cur-
                                                                       4                                        rent loss mitigation process was initi-
                                                                       5                                        ated and the date of complete applica-
                                                                       6                                        tion, if any;
                                                                       7                                                 ‘‘(II) the disposition of any pre-
                                                                       8                                        vious loss mitigation evaluation re-
                                                                       9                                        ported pursuant to subclause (I) and
                                                                     10                                         the date of disposition, including—
                                                                     11                                                            ‘‘(aa) denied;
                                                                     12                                                            ‘‘(bb) temporary or short-
                                                                     13                                                  term agreement, such as a repay-
                                                                     14                                                  ment agreement or forbearance,
                                                                     15                                                  and the length of such agreement
                                                                     16                                                  (in months);
                                                                     17                                                            ‘‘(cc) trial loan modification;
                                                                     18                                                            ‘‘(dd) permanent loan modi-
                                                                     19                                                  fication; or
                                                                     20                                                            ‘‘(ee) other type of loss miti-
                                                                     21                                                  gation; and
                                                                     22                                                  ‘‘(III) for each permanent modi-
                                                                     23                                         fication—




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                                                                       1                                                           ‘‘(aa) whether the perma-
                                                                       2                                                 nent modification included 1 or
                                                                       3                                                 more of—
                                                                       4                                                                    ‘‘(AA) additions of de-
                                                                       5                                                           linquent payments and fees
                                                                       6                                                           to loan balances;
                                                                       7                                                                    ‘‘(BB) interest rate re-
                                                                       8                                                           ductions and freezes;
                                                                       9                                                                    ‘‘(CC) term extensions;
                                                                     10                                                                     ‘‘(DD)              reductions       of
                                                                     11                                                            principal; or
                                                                     12                                                                     ‘‘(EE) deferrals of prin-
                                                                     13                                                            cipal; and
                                                                     14                                                            ‘‘(bb)         whether                the   total
                                                                     15                                                  monthly principal and interest
                                                                     16                                                  payment, as a result of the per-
                                                                     17                                                  manent modification—
                                                                     18                                                                     ‘‘(AA) increased;
                                                                     19                                                                     ‘‘(BB)              remained        the
                                                                     20                                                            same;
                                                                     21                                                                     ‘‘(CC)          decreased           less
                                                                     22                                                            than 10 percent;
                                                                     23                                                                     ‘‘(DD)              decreased       be-
                                                                     24                                                            tween 10 and 20 percent; or



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                                                                       1                                                                    ‘‘(EE)              decreased   20
                                                                       2                                                           percent or more.
                                                                       3                                 ‘‘(D) FORBEARANCE DATA.—Each monthly
                                                                       4                       report required under subparagraph (A) shall
                                                                       5                       include, with respect to each loan for which a
                                                                       6                       forbearance has been reported under subpara-
                                                                       7                       graph (C)(i), forbearance-specific data, includ-
                                                                       8                       ing—
                                                                       9                                        ‘‘(i) the total months of total forbear-
                                                                     10                                  ance granted to date; and
                                                                     11                                         ‘‘(ii) the number of renewals of for-
                                                                     12                                  bearance to date.
                                                                     13                                  ‘‘(E) PUBLIC                AVAILABILITY                   OF   AGGRE-

                                                                     14                        GATE DATA.—

                                                                     15                                         ‘‘(i) IN GENERAL.—Using data sub-
                                                                     16                                  mitted by servicers under this paragraph,
                                                                     17                                  the Director of the Bureau of Consumer
                                                                     18                                  Financial Protection shall make available
                                                                     19                                  aggregate data by servicer for each State,
                                                                     20                                  metropolitan statistical area, and metro-
                                                                     21                                  politan division, as defined by the Office of
                                                                     22                                  Management and Budget. Such aggregate
                                                                     23                                  data shall be provided monthly by the Di-
                                                                     24                                  rector to Congress and posted on the



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                                                                       1                                 website of the Bureau of Consumer Finan-
                                                                       2                                 cial Protection.
                                                                       3                                        ‘‘(ii) EXCEPTION FOR CERTAIN PER-
                                                                       4                                 SONALLY IDENTIFIABLE DATA.—If                                  aggre-
                                                                       5                                 gate data described under clause (i) is
                                                                       6                                 nonetheless reasonably personally identifi-
                                                                       7                                 able, the Director may report the aggre-
                                                                       8                                 gate data by servicer on the next larger ge-
                                                                       9                                 ographic unit (such that, for example, data
                                                                     10                                  would not be reported by municipal divi-
                                                                     11                                  sion but only by metropolitan statistical
                                                                     12                                  area and State).
                                                                     13                                  ‘‘(F) IMPLEMENTATION.—The Director of
                                                                     14                        the Bureau of Consumer Financial Protection
                                                                     15                        shall, within 60 days of the date of enactment
                                                                     16                        of this paragraph, and in consultation with the
                                                                     17                        Director of the Federal Housing Finance Agen-
                                                                     18                        cy and the Comptroller of the Currency, pre-
                                                                     19                        scribe the format and method of submission of
                                                                     20                        the data required under this paragraph. The
                                                                     21                        Director of the Bureau may prescribe rules for
                                                                     22                        the collection of the data in order to ensure ac-
                                                                     23                        curacy, transparency, and complete data collec-
                                                                     24                        tion, including the collection and reporting of



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                                                                     25                        additional data elements, but may not require


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                                                                       1                       reporting of fewer data elements than pre-
                                                                       2                       scribed by this paragraph nor less frequent re-
                                                                       3                       porting than required by this paragraph.
                                                                       4                                 ‘‘(G) DEFINITIONS.—In this paragraph:
                                                                       5                                        ‘‘(i)            RESIDENTIAL                        MORTGAGE

                                                                       6                                 LOAN.—The                term ‘residential mortgage
                                                                       7                                 loan’ has the meaning given the term in
                                                                       8                                 section 103 of the Truth in Lending Act
                                                                       9                                 (15 U.S.C. 1602).
                                                                     10                                         ‘‘(ii) SERVICER.—The term ‘servicer’
                                                                     11                                  has the meaning given the term in section
                                                                     12                                  6 of the Real Estate Settlement Proce-
                                                                     13                                  dures Act of 1974 (12 U.S.C. 2605).’’.
                                                                     14                        (14) SMALL PROPERTY OWNER GRANT PRO-
                                                                     15               GRAM.—

                                                                     16                                  (A) DEFINITIONS.—In this paragraph:
                                                                     17                                         (i)       COVID–19                    EMERGENCY          PE-

                                                                     18                                  RIOD.—The              term ‘‘COVID–19 emergency
                                                                     19                                  period’’ means the period in which the na-
                                                                     20                                  tional emergency concerning the novel
                                                                     21                                  Coronavirus disease (COVID–19) outbreak
                                                                     22                                  declared by the President on March 13,
                                                                     23                                  2020, under the National Emergencies Act
                                                                     24                                  (50 U.S.C. 1601 et seq.) is in effect.



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                                                                       1                                        (ii) SECRETARY.—The term ‘‘Sec-
                                                                       2                                 retary’’ means the Secretary of Housing
                                                                       3                                 and Urban Development.
                                                                       4                                        (iii) SMALL PROPERTY OWNER.—The
                                                                       5                                 term ‘‘small property owner’’ means an
                                                                       6                                 owner of not more than 10 residential
                                                                       7                                 properties.
                                                                       8                                 (B)         GRANT          PROGRAM.—The                        Secretary
                                                                       9                       shall establish a program to award grants to
                                                                     10                        State and local housing finance agencies to pro-
                                                                     11                        vide assistance to small property owners.
                                                                     12                                  (C) ELIGIBLE                  SMALL            PROPERTY           OWN-

                                                                     13                        ERS.—To               be eligible for assistance provided
                                                                     14                        under this paragraph, a small property owner
                                                                     15                        shall submit proof of hardship to the State or
                                                                     16                        local housing finance agency, as applicable,
                                                                     17                        which shall provide that, during the COVID–19
                                                                     18                        emergency period—
                                                                     19                                         (i) tenants of dwelling units in the
                                                                     20                                  residential properties owned by the small
                                                                     21                                  property owner have been unable to pay
                                                                     22                                  rent; and
                                                                     23                                         (ii) the small property owner has not
                                                                     24                                  evicted any such tenants.



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                                                                     25                                  (D) PROHIBITIONS.—


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                                                                       1                                        (i) PRIVATE EQUITY, REAL ESTATE,
                                                                       2                                 OR VENTURE CAPITAL FIRMS.—Any                                  pri-
                                                                       3                                 vate equity firm, real estate firm, or ven-
                                                                       4                                 ture capital firm that has accepted funding
                                                                       5                                 from an investment company, as such term
                                                                       6                                 is defined in section 3(a) of the Investment
                                                                       7                                 Company Act of 1940 (15 U.S.C. 80a–
                                                                       8                                 3(a)), shall not be eligible for—
                                                                       9                                                 (I) a grant under this section; or
                                                                     10                                                  (II) a loan, loan guarantee, or
                                                                     11                                         other investment made by the Sec-
                                                                     12                                         retary of the Treasury under section
                                                                     13                                         4003 of the CARES Act (15 U.S.C.
                                                                     14                                         9042), as amended by this section.
                                                                     15                                         (ii) UNDEVELOPED OR UNINHABITED
                                                                     16                                  PROPERTIES.—A                      small property owner
                                                                     17                                  may not receive any funds under this para-
                                                                     18                                  graph with respect to any undeveloped
                                                                     19                                  property, plot of land, or uninhabited prop-
                                                                     20                                  erty owned by the small property owner.
                                                                     21                                         (iii) RENT PAYMENTS.—A small prop-
                                                                     22                                  erty owner that receives a grant with re-
                                                                     23                                  spect to a property under this paragraph
                                                                     24                                  may not require tenants of the property to



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                                                                       1                                 make rental payments for the duration of
                                                                       2                                 the grant.
                                                                       3                                 (E)         AUTHORIZATION                      OF         APPROPRIA-

                                                                       4                       TIONS.—There is authorized to be appropriated

                                                                       5                       to the Secretary $1,000,000,000 for fiscal year
                                                                       6                       2020, to remain available until September 30,
                                                                       7                       2021, to carry out this paragraph.
                                                                       8     SEC. 3. EXPANDED EVICTION RELIEF FOR RENTERS UNDER

                                                                       9                             THE CARES ACT.

                                                                     10               Section 4024 of the CARES Act (15 U.S.C. 9058)
                                                                     11 is amended—
                                                                     12                        (1) in subsection (a)—
                                                                     13                                  (A) by amending paragraph (1) to read as
                                                                     14                        follows:
                                                                     15                        ‘‘(1) COVERED DWELLING.—The term ‘covered
                                                                     16               dwelling’ means a dwelling that is occupied by a ten-
                                                                     17               ant—
                                                                     18                                  ‘‘(A) pursuant to a residential lease; or
                                                                     19                                  ‘‘(B) without a lease or with a lease ter-
                                                                     20                        minable under State law.’’;
                                                                     21                                  (B) by striking paragraphs (2), (4), and
                                                                     22                        (5);
                                                                     23                                  (C) by redesignating paragraph (3) as
                                                                     24                        paragraph (2); and



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                                                                       1                                 (D) in paragraph (2)(B), as so redesig-
                                                                       2                       nated—
                                                                       3                                        (i) by striking ‘‘includes houses’’ and
                                                                       4                                 inserting the following: ‘‘includes—
                                                                       5                                        ‘‘(i) houses’’;
                                                                       6                                        (ii) in clause (i), as so designated, by
                                                                       7                                 striking the period at the end and inserting
                                                                       8                                 a semicolon; and
                                                                       9                                        (iii) by adding at the end the fol-
                                                                     10                                  lowing:
                                                                     11                                         ‘‘(ii) a manufactured home, as defined
                                                                     12                                  in section 4022; and
                                                                     13                                         ‘‘(iii) a covered recreational vehicle, as
                                                                     14                                  defined in section 4022.’’; and
                                                                     15                        (2) in subsection (b), by striking ‘‘120-day pe-
                                                                     16               riod’’ and inserting ‘‘365-day period.’’.
                                                                     17      SEC. 4. RENTER’S AND HOMEOWNER’S RIGHTS.

                                                                     18               (a) DEFINITIONS.—In this section:
                                                                     19                        (1) COVERED DWELLING.—The term ‘‘covered
                                                                     20               dwelling’’ has the meaning given the term in section
                                                                     21               4024 of the CARES Act (15 U.S.C. 9058).
                                                                     22                        (2)       COVID–19                 EMERGENCY                     PERIOD.—The

                                                                     23               term ‘‘COVID–19 emergency period’’ means the pe-
                                                                     24               riod in which the national emergency concerning the



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                                                                     25               novel Coronavirus disease (COVID–19) outbreak de-


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                                                                       1              clared by the President on March 13, 2020, under
                                                                       2              the National Emergencies Act (50 U.S.C. 1601 et
                                                                       3              seq.) is in effect.
                                                                       4                       (3) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       5              the Secretary of Housing and Urban Development.
                                                                       6                       (4) STATE.—The term ‘‘State’’ means any
                                                                       7              State of the United States, the District of Columbia,
                                                                       8              any territory of the United States, the Common-
                                                                       9              wealth of Puerto Rico, Guam, American Samoa, the
                                                                     10               Virgin Islands, and the Commonwealth of the North-
                                                                     11               ern Mariana Islands.
                                                                     12               (b) GRANT PROGRAM TO PROVIDE TENANTS WITH
                                                                     13 RIGHT TO ATTORNEY.—
                                                                     14                        (1) IN GENERAL.—The Secretary shall provide
                                                                     15               grants to States that provide a right to legal assist-
                                                                     16               ance for tenants facing eviction in housing courts in
                                                                     17               violation of the eviction moratorium described in sec-
                                                                     18               tion 4024 of the CARES Act (15 U.S.C. 9058).
                                                                     19                        (2) REPORT.—A State that receives a grant
                                                                     20               under this section shall provide to the Secretary
                                                                     21               periodic reports on the use of funds under the grant.
                                                                     22                        (3) RULE OF CONSTRUCTION.—Nothing in this
                                                                     23               subsection shall be construed as modifying, limiting,
                                                                     24               or superseding the operation of any provision of an



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                                                                     25               enumerated Federal consumer law that relates to the


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                                                                       1              authority of a State attorney general or State regu-
                                                                       2              lator to enforce such Federal law.
                                                                       3                       (4) AUTHORIZATION                            OF      APPROPRIATIONS.—

                                                                       4              There is authorized to be appropriated to the Sec-
                                                                       5              retary $25,000,000 for fiscal year 2020, to remain
                                                                       6              available until expended, to make grants under this
                                                                       7              subsection.
                                                                       8              (c) PRIVATE RIGHT OF ACTION.—A tenant that re-
                                                                       9 sides in any covered dwelling may bring a civil action
                                                                     10 against a landlord or managing agent for injunctive relief,
                                                                     11 direct money damages, or other relief if the landlord or
                                                                     12 managing agent is in violation of Federal, State, or local
                                                                     13 eviction moratorium laws, including under section 4024 of
                                                                     14 the CARES Act (15 U.S.C. 9058).
                                                                     15               (d) REPAYMENT.—A residential tenant of a covered
                                                                     16 dwelling unit or a commercial tenant may repay any un-
                                                                     17 paid rent during the COVID–19 emergency period—
                                                                     18                        (1) over an 18-month period, with respect to a
                                                                     19               residential tenant, beginning on the date of enact-
                                                                     20               ment of this Act; or
                                                                     21                        (2) over a 3-month period, with respect to a
                                                                     22               commercial tenant, beginning on the date of enact-
                                                                     23               ment of this Act.
                                                                     24               (e) CREDIT REPORTING.—The Fair Credit Reporting



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                                                                     25 Act (15 U.S.C. 1601 et seq.) is amended—


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                                                                       1                       (1) in section 605(a), by adding at the end the
                                                                       2              following:
                                                                       3                       ‘‘(9) Any eviction, unpaid rent, or other debt
                                                                       4              with respect to a consumer occurring during the cov-
                                                                       5              ered period, as defined in section 623(a)(1)(G).’’;
                                                                       6              and
                                                                       7                       (2) in section 623(a)(1) (15 U.S.C. 1681s–2),
                                                                       8              by adding at the end the following:
                                                                       9                                 ‘‘(G) REPORTING OF EVICTIONS OR UN-
                                                                     10                        PAID RENT DURING COVID–19 PANDEMIC.—

                                                                     11                                         ‘‘(i) DEFINITIONS.—In this subpara-
                                                                     12                                  graph, term ‘covered period’ has the mean-
                                                                     13                                  ing given the term in subparagraph (F).
                                                                     14                                         ‘‘(ii) PROHIBITION ON REPORTING.—
                                                                     15                                  A landlord of any residential dwelling, in-
                                                                     16                                  cluding a manufactured home or a covered
                                                                     17                                  recreational vehicle (as those terms are de-
                                                                     18                                  fined in section 4022 of the CARES Act
                                                                     19                                  (15 U.S.C. 9056)) shall not report any
                                                                     20                                  eviction, unpaid rent, or other debt occur-
                                                                     21                                  ring during the covered period with respect
                                                                     22                                  to a consumer to any furnisher or con-
                                                                     23                                  sumer reporting agency.’’.
                                                                     24               (f) RENT INCREASES.—The owner or management



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                                                                     25 company of a covered dwelling (as defined in section 4024


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                                                                       1 of the CARES Act (15 U.S.C. 9058) or any servicer of
                                                                       2 a covered mortgage loan (as defined in section 4022 of
                                                                       3 the CARES Act (15 U.S.C. 9056)) shall not, during the
                                                                       4 1-year period following the date of enactment of this Act,
                                                                       5 increase the rent on any dwelling unit of such a covered
                                                                       6 dwelling in an amount that is more than the rate of infla-
                                                                       7 tion.
                                                                       8              (g) ALLOCATION OF FUNDS FOR HOUSING LEGAL
                                                                       9 AID AND HOUSING COUNSELING.—
                                                                     10                        (1) HOUSING LEGAL AID.—
                                                                     11                                  (A) IN          GENERAL.—The                      Secretary shall
                                                                     12                        provide grants to housing legal aid organiza-
                                                                     13                        tions that target services to minority and low-
                                                                     14                        and moderate-income (as defined by the Sec-
                                                                     15                        retary) homeowners, renters, individuals experi-
                                                                     16                        encing homelessness, and individuals at risk of
                                                                     17                        experiencing homelessness or provide those
                                                                     18                        services in neighborhoods in the United States
                                                                     19                        with high concentrations of those individuals.
                                                                     20                                  (B) REPORT.—A housing legal aid organi-
                                                                     21                        zation that receives a grant under this sub-
                                                                     22                        section shall provide to the Secretary periodic
                                                                     23                        reports on the use of funds under the grant.
                                                                     24                                  (C)         AUTHORIZATION                      OF         APPROPRIA-




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                                                                     25                        TIONS.—There is authorized to be appropriated



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                                                                       1                       to the Secretary for fiscal year 2020, to remain
                                                                       2                       available until expended, $500,000,000 for
                                                                       3                       grants provided under this paragraph for hous-
                                                                       4                       ing legal aid services.
                                                                       5                       (2) HOUSING COUNSELING.—
                                                                       6                                 (A)         AUTHORIZATION                      OF         APPROPRIA-

                                                                       7                       TIONS.—There is authorized to be appropriated

                                                                       8                       to the Neighborhood Reinvestment Corporation
                                                                       9                       established under the Neighborhood Reinvest-
                                                                     10                        ment Corporation Act (42 U.S.C. 8101 et seq.)
                                                                     11                        $700,000,000 for fiscal year 2020, which shall
                                                                     12                        remain available until September 30, 2023, to
                                                                     13                        provide funds to counseling organizations for
                                                                     14                        housing counseling services.
                                                                     15                                  (B) ELIGIBLE USES.—Subject to subpara-
                                                                     16                        graph (C), amounts made available under sub-
                                                                     17                        paragraph (A) may be used in such amounts as
                                                                     18                        the Neighborhood Reinvestment Corporation
                                                                     19                        determines for the costs of—
                                                                     20                                         (i) public education and outreach;
                                                                     21                                         (ii) direct services, including the full
                                                                     22                                  range of services provided by housing
                                                                     23                                  counselors to assist homeowners, including
                                                                     24                                  manufactured homeowners, regardless of



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                                                                     25                                  financing type, renters, individuals experi-


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                                                                       1                                 encing homelessness, and individuals at
                                                                       2                                 risk of homelessness, including the prac-
                                                                       3                                 tices, tools, and innovations in foreclosure
                                                                       4                                 mitigation that were utilized in the Na-
                                                                       5                                 tional Foreclosure Mitigation Counseling
                                                                       6                                 Program, and financial capability, credit
                                                                       7                                 counseling, homeless counseling, and rental
                                                                       8                                 counseling;
                                                                       9                                        (iii) equipment and technology, includ-
                                                                     10                                  ing broadband internet and equipment up-
                                                                     11                                  grades needed to ensure timely and effec-
                                                                     12                                  tive service delivery;
                                                                     13                                         (iv) training, including capacitating
                                                                     14                                  housing counseling staff in various modes
                                                                     15                                  of counseling, including rental and fore-
                                                                     16                                  closure, delivery of remote counseling uti-
                                                                     17                                  lizing improved technology, enhanced net-
                                                                     18                                  work security, and supportive options for
                                                                     19                                  the delivery of client services; and
                                                                     20                                         (v) administration and oversight of
                                                                     21                                  the grant program in accordance with the
                                                                     22                                  rate of the Corporation for program ad-
                                                                     23                                  ministration.
                                                                     24                                  (C) PRIORITIZATION OF HOUSING COUN-



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                                                                     25                        SELING SERVICES.—Of amounts made available



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                                                                       1                       under subparagraph (A), not less than 40 per-
                                                                       2                       cent shall be provided to counseling organiza-
                                                                       3                       tions that target counseling services to minority
                                                                       4                       and low-income homeowners, renters, individ-
                                                                       5                       uals experiencing homelessness, and individuals
                                                                       6                       at risk of homelessness or provide such services
                                                                       7                       in neighborhoods with high concentrations of
                                                                       8                       minority and low-income homeowners, renters,
                                                                       9                       individuals experiencing homelessness, and indi-
                                                                     10                        viduals at risk of homelessness.
                                                                     11               (h) NOTICE OF EVICTION AFTER THE CONCLUSION
                                                                     12      OF THE MORATORIUM.—On and after the date on which

                                                                     13 the eviction moratorium under 4024 of the CARES Act
                                                                     14 (15 U.S.C. 9058) expires, the owner of a covered dwelling
                                                                     15 (as defined in that section) shall provide notice to a tenant
                                                                     16 not less than 120 days before filing an eviction against
                                                                     17 the tenant.
                                                                     18               (i) TAXABILITY.—For purposes of the Internal Rev-
                                                                     19 enue Code of 1986, any amount which (but for a provision
                                                                     20 of this Act or an amendment made by this Act) would
                                                                     21 be includible in gross income of a person by reason of for-
                                                                     22 giveness of a required rent or mortgage payment shall be
                                                                     23 excluded from gross income.




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                                                                                                                            64
                                                                       1     SEC. 5. ASSISTANCE FOR HOME ENERGY SERVICE AND

                                                                       2                             HOUSEHOLD DRINKING WATER AND WASTE-

                                                                       3                             WATER SERVICES.

                                                                       4              (a) DEFINITIONS.—In this section:
                                                                       5                       (1) HOME ENERGY SERVICE.—The term ‘‘home
                                                                       6              energy service’’ means a service to provide home en-
                                                                       7              ergy, as such term is defined in section 2603 of the
                                                                       8              Low-Income Home Energy Assistance Act of 1981
                                                                       9              (42 U.S.C. 8622), and electric service, as that term
                                                                     10               is used in the Public Utility Regulatory Policies Act
                                                                     11               of 1978 (16 U.S.C. 2601 et seq.).
                                                                     12                        (2) HOUSEHOLD DRINKING WATER AND WASTE-
                                                                     13               WATER SERVICES.—The                             term ‘‘household drinking
                                                                     14               water and wastewater services’’ has the meaning
                                                                     15               given that term in section 1459A(a)(2) of the Safe
                                                                     16               Drinking Water Act (42 U.S.C. 300j–19a(a)(2)).
                                                                     17                        (3)        INDIAN                TRIBE.—The                  term        ‘‘Indian
                                                                     18               Tribe’’—
                                                                     19                                  (A) used with respect to assistance for
                                                                     20                        home energy, means—
                                                                     21                                         (i) an Indian tribe within the meaning
                                                                     22                                  of section 2604(d) of the Low-Income
                                                                     23                                  Home Energy Assistance Act of 1981 (42
                                                                     24                                  U.S.C. 8623(d)); and




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                                                                       1                                        (ii) an entity that is eligible to receive
                                                                       2                                 funds under that section on behalf of an
                                                                       3                                 Indian tribe described in clause (i); and
                                                                       4                                 (B) used with respect to assistance for
                                                                       5                       household drinking water and wastewater serv-
                                                                       6                       ices, means any Indian Tribe, band, group, or
                                                                       7                       community recognized by the Secretary of the
                                                                       8                       Interior and exercising governmental authority
                                                                       9                       over a Federal Indian reservation, as defined in
                                                                     10                        section 518(h) of the Federal Water Pollution
                                                                     11                        Control Act (33 U.S.C. 1377).
                                                                     12                        (4) MUNICIPALITY.—The term ‘‘municipality’’
                                                                     13               has the meaning given such term in section 502 of
                                                                     14               the Federal Water Pollution Control Act (33 U.S.C.
                                                                     15               1362).
                                                                     16                        (5) PUBLIC HEALTH EMERGENCY.—The term
                                                                     17               ‘‘public health emergency’’ means the public health
                                                                     18               emergency described in section 1135(g)(1)(B) of the
                                                                     19               Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).
                                                                     20                        (6) PUBLIC HEALTH EMERGENCY PERIOD.—
                                                                     21               The term ‘‘public health emergency period’’ has the
                                                                     22               meaning given the term ‘‘emergency period’’ in that
                                                                     23               section 1135(g)(1)(B).
                                                                     24                        (7) PUBLIC WATER SYSTEM.—The term ‘‘public



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                                                                     25               water system’’ has the meaning given that term in


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                                                                                                                            66
                                                                       1              section 1401 of the Safe Drinking Water Act (42
                                                                       2              U.S.C. 300f).
                                                                       3                       (8) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       4              the Secretary of Health and Human Services.
                                                                       5                       (9) STATE.—The term ‘‘State’’ means—
                                                                       6                                 (A) any of the 50 States, and the District
                                                                       7                       of Columbia; and
                                                                       8                                 (B) the Commonwealth of Puerto Rico, the
                                                                       9                       Virgin Islands of the United States, Guam,
                                                                     10                        American Samoa, and the Commonwealth of
                                                                     11                        the Northern Mariana Islands.
                                                                     12               (b) ASSISTANCE FOR LOW-INCOME HOUSEHOLDS.—
                                                                     13 The Secretary shall make grants from allotments and pay-
                                                                     14 ments described in subsection (d) to States and Indian
                                                                     15 Tribes to assist low-income households, particularly those
                                                                     16 with the lowest incomes, that pay a high proportion of
                                                                     17 household income for home energy service and household
                                                                     18 drinking water and wastewater services. Half of the funds
                                                                     19 for each such grant shall be made available from funds
                                                                     20 appropriated under subsection (k)(1), and half from funds
                                                                     21 appropriated under subsection (k)(2).
                                                                     22               (c) USE OF LIHEAP RESOURCES.—In carrying out
                                                                     23 this section, the Secretary, States, and Indian Tribes, as
                                                                     24 applicable, shall use the existing (as of the date of imple-



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                                                                     25 mentation) systems in place to carry out the Low-Income


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                                                                                                                            67
                                                                       1 Home Energy Assistance Act of 1981 (42 U.S.C. 8621
                                                                       2 et seq.) as the Secretary determines appropriate.
                                                                       3              (d) ALLOTMENTS.—
                                                                       4                       (1) STATES.—The Secretary shall allot to each
                                                                       5              State an amount that bears the same relationship to
                                                                       6              the funds appropriated under this section and avail-
                                                                       7              able for carrying out this subsection as the number
                                                                       8              of individuals with a household income of less than
                                                                       9              200 percent of the poverty line in that State bears
                                                                     10               to the total number of such individuals in all States.
                                                                     11                        (2) INDIAN TRIBES.—At the request of an In-
                                                                     12               dian Tribe in a State, the Secretary shall reserve,
                                                                     13               from the amount that would otherwise be payable to
                                                                     14               such State from the allotment under paragraph (1)
                                                                     15               for the fiscal year involved, a payment for the Indian
                                                                     16               Tribe in a sum determined to be appropriate by the
                                                                     17               Secretary.
                                                                     18                        (3) NOTIFICATION TO CONGRESS.—Not later
                                                                     19               than 15 days after determining the amounts of allot-
                                                                     20               ments and payments for States and Indian Tribes
                                                                     21               pursuant to this subsection, and prior to making
                                                                     22               grants under this section, the Secretary shall notify
                                                                     23               Congress of such amounts.
                                                                     24               (e) REQUIREMENTS.—Each State or Indian Tribe de-



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                                                                     25 siring to receive a grant under this section shall agree to—


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                                                                       1                       (1) establish or maintain in effect a moratorium
                                                                       2              policy to ensure that no home energy service, house-
                                                                       3              hold drinking water service, or wastewater service to
                                                                       4              an individual or household, that is regulated or pro-
                                                                       5              vided by the State or Indian Tribe or subrecipient
                                                                       6              of grant funds from the State or Tribe, shall be or
                                                                       7              remain disconnected (including interrupted) until the
                                                                       8              end of the period of the applicable repayment plan
                                                                       9              described in paragraph (2)(B); and
                                                                     10                        (2) ensure that the moratorium policy provides,
                                                                     11               and requires a subrecipient of grant funds to pro-
                                                                     12               vide—
                                                                     13                                  (A) for a waiver of applicable interest or
                                                                     14                        penalties on a late payment for home energy,
                                                                     15                        household drinking service, or wastewater serv-
                                                                     16                        ice, if the late payment is related to an arrear-
                                                                     17                        age that occurred during the public health
                                                                     18                        emergency period; and
                                                                     19                                  (B) for a repayment plan of at least 18
                                                                     20                        months in duration, beginning on the last date
                                                                     21                        of the public health emergency period, based on
                                                                     22                        the household income of the household involved,
                                                                     23                        for any remaining late payment described in
                                                                     24                        subparagraph (A) that is not covered by fund-



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                                                                     25                        ing provided under this section.


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                                                                                                                            69
                                                                       1              (f) USE OF FUNDS.—A State or Indian Tribe that
                                                                       2 receives a grant under this Act shall use the grant funds
                                                                       3 to assist low-income households by paying for late home
                                                                       4 energy service payments and late household drinking
                                                                       5 water and wastewater services payments, and reconnection
                                                                       6 fees for households who have been disconnected from any
                                                                       7 type of service specified in this subsection due to non-
                                                                       8 payment, if the related arrearages and disconnections oc-
                                                                       9 curred during the public health emergency period.
                                                                     10               (g) STATE AGREEMENTS.—
                                                                     11                        (1) HOME ENERGY SERVICE PROVIDERS.—To
                                                                     12               the maximum extent practicable, a State that re-
                                                                     13               ceives a grant under this section shall enter into
                                                                     14               agreements with home energy service providers, local
                                                                     15               governments, nonprofit organizations associated with
                                                                     16               providing home energy services to rural and small
                                                                     17               communities, and Indian Tribes, to assist in identi-
                                                                     18               fying low-income households and to carry out this
                                                                     19               section.
                                                                     20                        (2) HOUSEHOLD DRINKING WATER AND WASTE-
                                                                     21               WATER SERVICES PROVIDERS.—To the maximum ex-

                                                                     22               tent practicable, a State that receives a grant under
                                                                     23               this section shall enter into agreements with public
                                                                     24               water systems, municipalities, nonprofit organiza-



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                                                                     25               tions associated with providing household drinking


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                                                                       1              water and wastewater services to rural and small
                                                                       2              communities, and Indian Tribes, to assist in identi-
                                                                       3              fying low-income households and to carry out this
                                                                       4              section.
                                                                       5              (h) DETERMINATION                            OF        LOW-INCOME HOUSE-
                                                                       6     HOLDS.—In determining whether a household in a State

                                                                       7 or under the jurisdiction of an Indian Tribe is considered
                                                                       8 low-income for the purposes of this Act, the State or In-
                                                                       9 dian Tribe shall—
                                                                     10                        (1) ensure that, at a minimum, all households
                                                                     11               with a household income at or below 200 percent of
                                                                     12               the Federal poverty line are included as low-income
                                                                     13               households;
                                                                     14                        (2) ensure that households already eligible for
                                                                     15               assistance under the Low-Income Home Energy As-
                                                                     16               sistance Act of 1981 (42 U.S.C. 8621 et seq.) are
                                                                     17               included as low-income households; and
                                                                     18                        (3) consider households that have not previously
                                                                     19               received assistance under the Low-Income Home
                                                                     20               Energy Assistance Act of 1981 in the same manner
                                                                     21               as households that have previously received such as-
                                                                     22               sistance.
                                                                     23               (i) AUDITS.—The Secretary shall require each State
                                                                     24 and Indian Tribe receiving a grant under subsection (b)



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                                                                     25 to undertake periodic audits and evaluations of expendi-


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                                                                       1 tures made by such State or Indian Tribe pursuant to this
                                                                       2 section.
                                                                       3              (j) REPORTS TO CONGRESS.—The Secretary shall
                                                                       4 prepare reports on the results of activities carried out pur-
                                                                       5 suant to this section and submit the reports to Congress—
                                                                       6                       (1) not later than 1 year after the date of en-
                                                                       7              actment of this Act; and
                                                                       8                       (2) upon disbursement of all funds appropriated
                                                                       9              to carry out this section.
                                                                     10               (k) AUTHORIZATION OF APPROPRIATIONS.—
                                                                     11                        (1) IN GENERAL.—There is authorized to be
                                                                     12               appropriated to the Secretary to carry out this sec-
                                                                     13               tion—
                                                                     14                                  (A) $10,000,000,000 for grant funds and
                                                                     15                        administration relating to assistance for home
                                                                     16                        energy service; and
                                                                     17                                  (B) $10,000,000,000 for grant funds and
                                                                     18                        administration relating to assistance for house-
                                                                     19                        hold drinking water and wastewater services.
                                                                     20                        (2) AVAILABILITY.—Sums appropriated under
                                                                     21               paragraph (1) shall remain available until expended.
                                                                     22      SEC. 6. BUSINESS LANDLORD OVERSIGHT.

                                                                     23               (a) CONGRESSIONAL OVERSIGHT COMMISSION.—Sec-
                                                                     24 tion 4020 of the CARES Act (15 U.S.C. 9055) is amend-



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                                                                     25 ed—


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                                                                                                                            72
                                                                       1                       (1) in subsection (b)(2)(A), by adding at the
                                                                       2              end the following:
                                                                       3                                        ‘‘(v) The use of rental property assist-
                                                                       4                                 ance received by entities under section
                                                                       5                                 7(a)(36) of the Small Business Act (15
                                                                       6                                 U.S.C. 636(a)(36)) or other Federal Gov-
                                                                       7                                 ernment relief assistance under this sub-
                                                                       8                                 title.’’; and
                                                                       9                       (2) in subsection (c)—
                                                                     10                                  (A) in paragraph (1)—
                                                                     11                                         (i) in the matter preceding subpara-
                                                                     12                                  graph (A), by striking ‘‘5’’ and inserting
                                                                     13                                  ‘‘9’’; and
                                                                     14                                         (ii) in subparagraphs (A) through
                                                                     15                                  (D), strike ‘‘1’’ each place the term ap-
                                                                     16                                  pears and insert ‘‘2’’; and
                                                                     17                                  (B) by adding at the end the following:
                                                                     18                        ‘‘(8) QUALIFICATIONS.—Not fewer than 2 of
                                                                     19               the 8 members appointed under subparagraphs (A)
                                                                     20               through (D) shall be from a group that has been
                                                                     21               historically underrepresented or disproportionately
                                                                     22               negatively impacted by the Coronavirus disease 2019
                                                                     23               (COVID–19), and not fewer than 1 of those 8 mem-
                                                                     24               bers shall be a woman.’’.



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                                                                                                                            73
                                                                       1              (b) PROHIBITION ON USE OF FEDERAL COVID-RE-
                                                                       2     LIEF       LOANS OR GRANTS TO BUY DISTRESSED MORT-
                                                                       3     GAGES,           FORECLOSED PROPERTIES, OR REAL-ESTATE-
                                                                       4 OWNED PROPERTIES.—Except with respect to a nonprofit
                                                                       5 organization or a local, mission-focused affordable housing
                                                                       6 developer, a business entity shall not use the proceeds of
                                                                       7 any loan or grant received under this Act or the CARES
                                                                       8 Act (Public Law 116–136), or any amendments made
                                                                       9 under those Acts, to purchase distressed mortgages, fore-
                                                                     10 closed properties, or real-estate-owned properties.
                                                                     11               (c) RENT ARREARS.—If a landlord receives Federal
                                                                     12 funds under subtitle IV of the CARES Act (Public Law
                                                                     13 116–136) that are used to cover rent arrears during the
                                                                     14 period beginning on March 27, 2020, and ending on De-
                                                                     15 cember 31, 2020, the landlord may not collect rent arrears
                                                                     16 from tenants that were received upon the expiration of ap-
                                                                     17 plicable Federal and State eviction and foreclosure mora-
                                                                     18 toriums relating to the COVID–19 pandemic, including
                                                                     19 under sections 4022 and 4024 of the CARES Act (15
                                                                     20 U.S.C. 9056, 9058).
                                                                                                                                Æ




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