[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7301 Received in Senate (RDS)]
<DOC>
116th CONGRESS
2d Session
H. R. 7301
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 30, 2020
Received
_______________________________________________________________________
AN ACT
To prevent evictions, foreclosures, and unsafe housing conditions
resulting from the COVID-19 pandemic, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Housing
Protections and Relief Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROTECTING RENTERS AND HOMEOWNERS FROM EVICTIONS AND
FORECLOSURES
Sec. 101. Emergency rental assistance.
Sec. 102. Homeowner Assistance Fund.
Sec. 103. Protecting renters and homeowners from evictions and
foreclosures.
Sec. 104. Liquidity for mortgage servicers and residential rental
property owners.
Sec. 105. Rural rental assistance.
Sec. 106. Funding for public housing and tenant-based rental
assistance.
Sec. 107. Supplemental funding for supportive housing for the elderly,
supportive housing for persons with
disabilities, supportive housing for
persons with AIDS, and project-based
section 8 rental assistance.
Sec. 108. Fair Housing.
Sec. 109. Funding for housing counseling services.
TITLE II--PROTECTING PEOPLE EXPERIENCING HOMELESSNESS
Sec. 201. Homeless assistance funding.
Sec. 202. Emergency rental assistance voucher program.
TITLE I--PROTECTING RENTERS AND HOMEOWNERS FROM EVICTIONS AND
FORECLOSURES
SEC. 101. EMERGENCY RENTAL ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Housing and Urban Development
(referred to in this section as the ``Secretary'') $100,000,000,000 for
an additional amount for grants under the Emergency Solutions Grants
program under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.), to remain available until
expended (subject to subsections (d) and (n) of this section), to be
used for providing short- or medium-term assistance with rent and rent-
related costs (including tenant-paid utility costs, utility- and rent-
arrears, fees charged for those arrears, and security and utility
deposits) in accordance with paragraphs (4) and (5) of section 415(a)
of such Act (42 U.S.C. 11374(a)) and this section.
(b) Definition of at Risk of Homelessness.--Notwithstanding section
401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360(1)), for purposes of assistance made available with amounts made
available pursuant to subsection (a), the term ``at risk of
homelessness'' means, with respect to an individual or family, that the
individual or family--
(1) has an income below 80 percent of the median income for
the area as determined by the Secretary; and
(2) has an inability to attain or maintain housing
stability or has insufficient resources to pay for rent or
utilities due to financial hardships.
(c) Income Targeting and Calculation.--For purposes of assistance
made available with amounts made available pursuant to subsection (a)--
(1) each recipient of such amounts shall use--
(A) not less than 40 percent of the amounts
received only for providing assistance for individuals
or families experiencing homelessness, or for persons
or families at risk of homelessness who have incomes
not exceeding 30 percent of the median income for the
area as determined by the Secretary;
(B) not less than 70 percent of the amounts
received only for providing assistance for individuals
or families experiencing homelessness, or for persons
or families at risk of homelessness who have incomes
not exceeding 50 percent of the median income for the
area as determined by the Secretary; and
(C) the remainder of the amounts received only for
providing assistance to individuals or families
experiencing homelessness, or for persons or families
at risk of homelessness who have incomes not exceeding
80 percent of the median income for the area as
determined by the Secretary, but such recipient may
establish a higher percentage limit for purposes of
subsection (b)(1), which shall not in any case exceed
120 percent of the area median income, if the recipient
states that it will serve such population in its plan;
and
(2) in determining the income of a household for
homelessness prevention assistance--
(A) the calculation of income performed at the time
of application for such assistance, including
arrearages, shall consider only income that the
household is currently receiving at such time and any
income recently terminated shall not be included;
(B) any calculation of income performed with
respect to households receiving ongoing assistance
(such as medium-term rental assistance) 3 months after
initial receipt of assistance shall consider only the
income that the household is receiving at the time of
such review; and
(C) the calculation of income performed with
respect to households receiving assistance for
arrearages shall consider only the income that the
household was receiving at the time such arrearages
were incurred.
(d) 3-Year Availability.--
(1) In general.--Each recipient of amounts made available
pursuant to subsection (a) shall--
(A) expend not less than 60 percent of such grant
amounts within 2 years of the date that such funds
became available to the recipient for obligation; and
(B) expend 100 percent of such grant amounts within
3 years of such date.
(2) Reallocation after 2 years.--The Secretary may
recapture any amounts not expended in compliance with paragraph
(1)(A) and reallocate such amounts to recipients in compliance
with the formula referred to in subsection (h)(1)(A).
(e) Rent Restrictions.--
(1) Inapplicability.--Section 576.106(d) of title 24, Code
of Federal Regulations, shall not apply with respect to
homelessness prevention assistance made available with amounts
made available under subsection (a).
(2) Amount of rental assistance.--In providing homelessness
prevention assistance with amounts made available under
subsection (a), the maximum amount of rental assistance that
may be provided shall be the greater of--
(A) 120 percent of the higher of--
(i) the Fair Market Rent established by the
Secretary for the metropolitan area or county;
or
(ii) the applicable Small Area Fair Market
Rent established by the Secretary; or
(B) such higher amount as the Secretary shall
determine is needed to cover market rents in the area.
(f) Subleases.--A recipient shall not be prohibited from providing
assistance authorized under subsection (a) with respect to subleases
that are valid under State law.
(g) Housing Relocation or Stabilization Activities.--A recipient of
amounts made available pursuant to subsection (a) may expend up to 25
percent of its allocation for activities under section 415(a)(5) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11374(a)(5)), except
that notwithstanding such section, activities authorized under this
subsection may be provided only for individuals or families who have
incomes not exceeding 50 percent of the area median income and meet the
criteria in subsection (b)(2) of this section or section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302). This
subsection shall not apply to rent-related costs that are specifically
authorized under subsection (a) of this section.
(h) Allocation of Assistance.--
(1) In general.--In allocating amounts made available
pursuant to subsection (a), the Secretary shall--
(A)(i) for any purpose authorized in this section--
(I) allocate 2 percent of such amount for
Indian tribes and tribally designated housing
entities (as such terms are defined in section
4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C.
4103)) under the formula established pursuant
to section 302 of such Act (25 U.S.C. 4152),
except that 0.3 percent of the amount allocated
under this clause shall be allocated for the
Department of Hawaiian Home Lands; and
(II) allocate 0.3 percent of such amount
for the Virgin Islands, Guam, American Samoa,
and the Northern Mariana Islands;
(ii) not later than 30 days after the date of
enactment of this Act, obligate and disburse the
amounts allocated pursuant to clause (i) in accordance
with such allocations and provide such recipient with
any necessary guidance for use of the funds; and
(B)(i) not later than 7 days after the date of
enactment of this Act and after setting aside amounts
under subparagraph (A), allocate 50 percent of any such
remaining amounts under the formula specified in
subsections (a), (b), and (e) of section 414 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11373) for, and notify, each State, metropolitan city,
and urban county that is to receive a direct grant of
such amounts; and
(ii) not later than 30 days after the date of
enactment of this Act, obligate and disburse the
amounts allocated pursuant to clause (i) in accordance
with such allocations and provide such recipient with
any necessary guidance for use of the funds; and
(C)(i) not later than 45 days after the date of
enactment of this Act, allocate any remaining amounts
for eligible recipients according to a formula to be
developed by the Secretary that takes into
consideration the formula referred to in subparagraph
(A) and the need for emergency rental assistance under
this section, including the severe housing cost burden
among extremely low- and very low-income renters and
disruptions in housing and economic conditions,
including unemployment; and
(ii) not later than 30 days after the date of the
allocation of such amounts pursuant to clause (i),
obligate and disburse such amounts in accordance with
such allocations.
(2) Allocations to states.--
(A) In general.--Notwithstanding subsection (a) of
section 414 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11373(a)) and section 576.202(a) of
title 24, Code of Federal Regulations, a State
recipient of an allocation under this section may elect
to use up to 100 percent of its allocation to carry out
activities eligible under this section directly.
(B) Requirement.--Any State recipient making an
election described in subparagraph (A) shall serve
households throughout the entire State, including
households in rural communities and small towns.
(3) Election not to administer.--If a recipient other than
a State elects not to receive funds under this section, such
funds shall be allocated to the State recipient in which the
recipient is located.
(4) Partnerships, subgrants, and contracts.--A recipient of
a grant under this section may distribute funds through
partnerships, subgrants, or contracts with an entity, such as a
public housing agency (as such term is defined in section 3(b)
of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))),
that is capable of carrying activities under this section.
(5) Revision to rule.--The Secretary shall revise section
576.3 of tile 24, Code of Federal Regulations, to change the
set aside for allocation to the territories to exactly 0.3
percent.
(i) Inapplicability of Matching Requirement.--Subsection (a) of
section 416 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11375(a)) shall not apply to any amounts made available pursuant to
subsection (a) of this section.
(j) Reimbursement of Eligible Activities.--Amounts made available
pursuant to subsection (a) may be used by a recipient to reimburse
expenditures incurred for eligible activities under this section after
March 27, 2020.
(k) Prohibition on Prerequisites.--None of the funds made available
pursuant to this section may be used to require any individual
receiving assistance under the program under this section to receive
treatment or perform any other prerequisite activities as a condition
for receiving shelter, housing, or other services.
(l) Waivers and Alternative Requirements.--
(1) In general.--
(A) Authority.--In administering the amounts made
available pursuant to subsection (a), the Secretary may
waive, or specify alternative requirements for, any
provision of any statute or regulation that the
Secretary administers in connection with the obligation
by the Secretary or the use by the recipient of such
amounts (except for requirements related to fair
housing, nondiscrimination, labor standards,
prohibition on prerequisites, minimum data reporting,
and the environment), if the Secretary finds that good
cause exists for the waiver or alternative requirement
and such waiver or alternative requirement is necessary
to expedite the use of funds made available pursuant to
this section, to respond to public health orders or
conditions related to the COVID-19 emergency, or to
ensure that eligible individuals can attain or maintain
housing stability.
(B) Public notice.--The Secretary shall notify the
public through the Federal Register or other
appropriate means of any waiver or alternative
requirement under this paragraph, and that such public
notice shall be provided, at a minimum, on the internet
at the appropriate Government website or through other
electronic media, as determined by the Secretary.
(C) Eligibility requirements.--Eligibility for
rental assistance or housing relocation and
stabilization services shall not be restricted based
upon the prior receipt of assistance under the program
during the preceding three years.
(2) Public hearings.--
(A) Inapplicability of in-person hearing
requirements during the covid-19 emergency.--
(i) In general.--A recipient under this
section shall not be required to hold in-person
public hearings in connection with its citizen
participation plan, but shall provide citizens
with notice, including publication of its plan
for carrying out this section on the internet,
and a reasonable opportunity to comment of not
less than 5 days.
(ii) Resumption of in-person hearing
requirements.--After the period beginning on
the date of enactment of this Act and ending on
the date of the termination by the Federal
Emergency Management Agency of the emergency
declared on March 13, 2020, by the President
under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 4121 et
seq.) relating to the Coronavirus Disease 2019
(COVID-19) pandemic, and after the period
described in subparagraph (B), the Secretary
shall direct recipients under this section to
resume pre-crisis public hearing requirements.
(B) Virtual public hearings.--
(i) In general.--During the period that
national or local health authorities recommend
social distancing and limiting public
gatherings for public health reasons, a
recipient may fulfill applicable public hearing
requirements for all grants from funds made
available pursuant to this section by carrying
out virtual public hearings.
(ii) Requirements.--Any virtual hearings
held under clause (i) by a recipient under this
section shall provide reasonable notification
and access for citizens in accordance with the
recipient's certifications, timely responses
from local officials to all citizen questions
and issues, and public access to all questions
and responses.
(m) Consultation.--In addition to any other citizen participation
and consultation requirements, in developing and implementing a plan to
carry out this section, each recipient of funds made available pursuant
to this section shall consult with the applicable Continuum or
Continuums of Care for the area served by the recipient and
organizations representing underserved communities and populations and
organizations with expertise in affordable housing, fair housing, and
services for people with disabilities.
(n) Administration.--
(1) By secretary.--Of any amounts made available pursuant
to subsection (a)--
(A) not more than the lesser of 0.5 percent, or
$15,000,000, may be used by the Secretary for staffing,
training, technical assistance, technology, monitoring,
research, and evaluation activities necessary to carry
out the program carried out under this section, and
such amounts shall remain available until September 30,
2024; and
(B) not more than $2,000,000 shall be available to
the Office of the Inspector General for audits and
investigations of the program authorized under this
section.
(2) By recipients.--Notwithstanding section 576.108 of
title 24 of the Code of Federal Regulations, with respect to
amounts made available pursuant to this section, a recipient
may use up to 10 percent of the recipient's grant for payment
of administrative costs related to the planning and execution
of activities.
SEC. 102. HOMEOWNER ASSISTANCE FUND.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Homeowner Assistance
Fund established under subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, any territory of the
United States, Puerto Rico, Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands.
(b) Establishment of Fund.--There is established at the Department
of the Treasury a Homeowner Assistance Fund to provide such funds as
are made available under subsection (g) to State housing finance
agencies for the purpose of preventing homeowner mortgage defaults,
foreclosures, and displacements of individuals and families
experiencing financial hardship after January 21, 2020.
(c) Allocation of Funds.--
(1) Administration.--Of any amounts made available for the
Fund, the Secretary of the Treasury may allocate, in the
aggregate, an amount not exceeding 5 percent--
(A) to the Office of Financial Stability
established under section 101(a) of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5211(a))
to administer and oversee the Fund, and to provide
technical assistance to States for the creation and
implementation of State programs to administer
assistance from the Fund; and
(B) to the Inspector General of the Department of
the Treasury for oversight of the program under this
section.
(2) For states.--The Secretary shall establish such
criteria as are necessary to allocate the funds available
within the Fund for each State. The Secretary shall allocate
such funds among all States taking into consideration the
number of unemployment claims within a State relative to the
nationwide number of unemployment claims.
(3) Small state minimum.--The amount allocated for each
State shall not be less than $250,000,000.
(4) Set-aside for insular areas.--Notwithstanding any other
provision of this section, of any amounts authorized to be
appropriated pursuant to subsection (g), the Secretary shall
reserve $200,000,000 to be disbursed to Guam, American Samoa,
the Virgin Islands, and the Northern Mariana Islands based on
each such territory's share of the combined total population of
all such territories, as determined by the Secretary. For the
purposes of this paragraph, population shall be determined
based on the most recent year for which data are available from
the United States Census Bureau.
(5) Set-aside for indian tribes and native hawaiians.--
(A) Indian tribes.--Notwithstanding any other
provision of this section, of any amounts authorized to
be appropriated pursuant to subsection (g), the
Secretary shall use 5 percent to make grants in
accordance with subsection (f) to eligible recipients
for the purposes described in subsection (e)(1).
(B) Native hawaiians.-- Of the funds set aside
under subparagraph (A), the Secretary shall use 0.3
percent to make grants to the Department of Hawaiian
Home Lands in accordance with subsection (f) for the
purposes described in subsection (e)(1).
(d) Disbursement of Funds.--
(1) Administration.--Except for amounts made available for
assistance under subsection (f), State housing finance agencies
shall be primarily responsible for administering amounts
disbursed from the Fund, but may delegate responsibilities and
sub-allocate amounts to community development financial
institutions and State agencies that administer Low-Income Home
Energy Assistance Program of the Department of Health and Human
Services.
(2) Notice of funding.--The Secretary shall provide public
notice of the amounts that will be made available to each State
and the method used for determining such amounts not later than
the expiration of the 14-day period beginning on the date of
the enactment of this Act of enactment.
(3) SHFA plans.--
(A) Eligibility.--To be eligible to receive funding
allocated for a State under the section, a State
housing finance agency for the State shall submit to
the Secretary a plan for the implementation of State
programs to administer, in part or in full, the amount
of funding the state is eligible to receive, which
shall provide for the commencement of receipt of
applications by homeowners for assistance, and funding
of such applications, not later than the expiration of
the 6-month period beginning upon the approval under
this paragraph of such plan.
(B) Multiple plans.--. A State housing finance
agency may submit multiple plans, each covering a
separate portion of funding for which the State is
eligible.
(C) Timing.--The Secretary shall approve or
disapprove a plan within 30 days after the plan's
submission and, if disapproved, explain why the plan
could not be approved.
(D) Disbursement upon approval.--The Secretary
shall disburse to a State housing finance agency the
appropriate amount of funding upon approval of the
agency's plan.
(E) Amendments.--A State housing finance agency may
subsequently amend a plan that has previously been
approved, provided that any plan amendment shall be
subject to the approval of the Secretary. The Secretary
shall approve any plan amendment or disapprove such
amendment explain why the plan amendment could not be
approved within 45 days after submission to the
Secretary of such amendment.
(F) Technical assistance.--The Secretary shall
provide technical assistance for any State housing
finance agency that twice fails to have a submitted
plan approved.
(4) Plan templates.--The Secretary shall, not later than 30
days after the date of the enactment of this Act, publish
templates that States may utilize in drafting the plans
required under paragraph (3)(A). The template plans shall
include standard program terms and requirements, as well as any
required legal language, which State housing finance agencies
may modify with the consent of the Secretary.
(e) Permissible Uses of Fund.--
(1) In general.--Funds made available to State housing
finance agencies pursuant to this section may be used for the
purposes established under subsection (b), which may include--
(A) mortgage payment assistance, including
financial assistance to allow a borrower to reinstate
their mortgage or to achieve a more affordable mortgage
payment, which may include principal reduction or rate
reduction, provided that any mortgage payment
assistance is tailored to a borrower's needs and their
ability to repay, and takes into consideration the loss
mitigation options available to the borrower;
(B) assistance with payment of taxes, hazard
insurance, flood insurance, mortgage insurance, or
homeowners' association fees;
(C) utility payment assistance, including electric,
gas, water, and internet service, including broadband
internet access service (as such term is defined in
section 8.1(b) of title 47, Code of Federal Regulations
(or any successor regulation));
(D) reimbursement of funds expended by a State or
local government during the period beginning on January
21, 2020, and ending on the date that the first funds
are disbursed by the State under the Fund, for the
purpose of providing housing or utility assistance to
individuals or otherwise providing funds to prevent
foreclosure or eviction of a homeowner or prevent
mortgage delinquency or loss of housing or critical
utilities as a response to the coronavirus disease 2019
(COVID-19) pandemic; and
(E) any other assistance for homeowners to prevent
eviction, mortgage delinquency or default, foreclosure,
or the loss of essential utility services.
(2) Targeting.--
(A) Requirement.--Not less than 60 percent of
amounts made available for each State or other entity
allocated amounts under subsection (c) shall be used
for activities under paragraph (1) that assist
homeowners having incomes equal to or less than 80
percent of the area median income.
(B) Determination of income.-- In determining the
income of a household for purposes of this paragraph,
income shall be considered to include only income that
the household is receiving at the time of application
for assistance from the Fund and any income recently
terminated shall not be included, except that for
purposes of households receiving assistance for
arrearages income shall include only the income that
the household was receiving at the time such arrearages
were incurred.
(C) Language assistance.--Each State housing
finance agency or other entity allocated amounts under
subsection (c) shall make available to each applicant
for assistance from amounts from the Fund language
assistance in any language that such language
assistance is available in and shall provide notice to
each such applicant that such language assistance is
available.
(3) Administrative expenses.--Not more than 15 percent of
the amount allocated to a State pursuant to subsection (c) may
be used by a State housing financing agency for administrative
expenses. Any amounts allocated to administrative expenses that
are no longer necessary for administrative expenses may be used
in accordance with paragraph (1).
(f) Tribal and Native Hawaiian Assistance.--
(1) Definitions.--In this subsection:
(A) Department of hawaiian home lands.--The term
``Department of Hawaiian Home Lands'' has the meaning
given the term in section 801 of the Native American
Housing Assistance and Self-Determination Act of 1996
(42 U.S.C. 4221).
(B) Eligible recipient.--The term ``eligible
recipient'' means any entity eligible to receive a
grant under section 101 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4111).
(2) Requirements.--
(A) Allocation.--Except for the funds set aside
under subsection (c)(5)(B), the Secretary shall
allocate the funds set aside under subsection (c)(5)(A)
using the allocation formula described in subpart D of
part 1000 of title 24, Code of Federal Regulations (or
any successor regulations).
(B) Native hawaiians.--The Secretary shall use the
funds made available under subsection (c)(5)(B) in
accordance with part 1006 of title 24, Code of Federal
Regulations (or successor regulations).
(3) Transfer.--The Secretary shall transfer any funds made
available under subsection (c)(5) that have not been allocated
by an eligible recipient or the Department of Hawaiian Home
Lands, as applicable, to provide the assistance described in
subsection (e)(1) by December 31, 2030, to the Secretary of
Housing and Urban Development to carry out the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.).
(g) Funding.--There is authorized to be appropriated to the
Homeowner Assistance Fund established under subsection (b)
$75,000,000,000, to remain available until expended or transferred or
credited under subsection (i).
(h) Use of Housing Finance Agency Innovation Fund for the Hardest
Hit Housing Markets Funds.--A State housing finance agency may
reallocate any administrative or programmatic funds it has received as
an allocation from the Housing Finance Agency Innovation Fund for the
Hardest Hit Housing Markets created pursuant to section 101(a) of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211(a)) that
have not been otherwise allocated or disbursed as of the date of
enactment of this Act to supplement any administrative or programmatic
funds received from the Housing Assistance Fund. Such reallocated funds
shall not be considered when allocating resources from the Housing
Assistance Fund using the process established under subsection (c) and
shall remain available for the uses permitted and under the terms and
conditions established by the contract with Secretary created pursuant
to subsection (d)(1) and the terms of subsection (i).
(i) Reporting Requirements.--The Secretary shall provide public
reports not less frequently than quarterly regarding the use of funds
provided by the Homeowner Assistance Fund. Such reports shall include
the following data by State and by program within each State, both for
the past quarter and throughout the life of the program--
(1) the amount of funds allocated;
(2) the amount of funds disbursed;
(3) the number of households and individuals assisted;
(4) the acceptance rate of applicants;
(5) the type or types of assistance provided to each
household;
(6) whether the household assisted had a federally backed
loan and identification of the Federal entity backing such
loan;
(7) the average amount of funding provided per household
receiving assistance and per type of assistance provided;
(8) the average number of monthly payments that were
covered by the funding amount that a household received, as
applicable, disaggregated by type of assistance provided;
(9) the income level of each household receiving
assistance; and
(10) the outcome 12 months after the household has received
assistance.
Each report under this subsection shall disaggregate the information
provided under paragraphs (3) through (10) by State, zip code, racial
and ethnic composition of the household, and whether or not the person
from the household applying for assistance speaks English as a second
language.
SEC. 103. PROTECTING RENTERS AND HOMEOWNERS FROM EVICTIONS AND
FORECLOSURES.
(a) Eviction Moratorium.--The CARES Act is amended by striking
section 4024 (15 U.S.C. 9058; Public Law 116-136; 134 Stat. 492) and
inserting the following new section:
``SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS.
``(a) Congressional Findings.--The Congress finds that--
``(1) according to the 2018 American Community Survey, 36
percent of households in the United States--more than 43
million households--are renters;
``(2) in 2019 alone, renters in the United States paid $512
billion in rent;
``(3) according to the Joint Center for Housing Studies of
Harvard University, 20.8 million renters in the United States
spent more than 30 percent of their incomes on housing in 2018
and 10.9 million renters spent more than 50 percent of their
incomes on housing in the same year;
``(4) according to data from the Department of Labor, more
than 30 million people have filed for unemployment since the
COVID-19 pandemic began;
``(5) the impacts of the spread of COVID-19, which is now
considered a global pandemic, are expected to negatively impact
the incomes of potentially millions of renter households,
making it difficult for them to pay their rent on time; and
``(6) evictions in the current environment would increase
homelessness and housing instability which would be
counterproductive towards the public health goals of keeping
individuals in their homes to the greatest extent possible.
``(b) Moratorium.--During the period beginning on the date of the
enactment of this Act and ending 12 months after such date of
enactment, the lessor of a covered dwelling located in such State may
not make, or cause to be made, any filing with the court of
jurisdiction to initiate a legal action to recover possession of the
covered dwelling from the tenant for nonpayment of rent or other fees
or charges.
``(c) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Covered dwelling.--The term `covered dwelling' means
a dwelling that is occupied by a tenant--
``(A) pursuant to a residential lease; or
``(B) without a lease or with a lease terminable at
will under State law.
``(2) Dwelling.--The term `dwelling' has the meaning given
such term in section 802 of the Fair Housing Act (42 U.S.C.
3602) and includes houses and dwellings described in section
803(b) of such Act (42 U.S.C. 3603(b)).
``(d) Notice To Vacate After Moratorium Expiration Date.--After the
expiration of the period described in subsection (b), the lessor of a
covered dwelling may not require the tenant to vacate the covered
dwelling by reason of nonpayment of rent or other fees or charges
before the expiration of the 30-day period that begins upon the
provision by the lessor to the tenant, after the expiration of the
period described in subsection (b), of a notice to vacate the covered
dwelling.''.
(b) Mortgage Relief.--
(1) Forbearance and foreclosure moratorium for covered
mortgage loans.--Section 4022 of the CARES Act (15 U.S.C. 9056)
is amended--
(A) by striking ``Federally backed mortgage loan''
each place such term appears and inserting ``covered
mortgage loan''; and
(B) in subsection (a)--
(i) by amending paragraph (2) to read as
follows:
``(2) Covered mortgage loan.--The term `covered mortgage
loan' means any credit transaction that is secured by a
mortgage, deed of trust, or other equivalent consensual
security interest on a 1- to 4-unit dwelling or on residential
real property that includes a 1- to 4-unit dwelling, except
that it shall not include a credit transaction under an open
end credit plan other than a reverse mortgage.''; and
(ii) by adding at the end the following:
``(3) Covered period.--With respect to a loan, the term
`covered period' means the period beginning on the date of
enactment of this Act and ending 12 months after such date of
enactment.''.
(2) Automatic forbearance for delinquent borrowers.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as
amended by paragraph (5) of this subsection, is further amended
by adding at the end the following:
``(9) Automatic forbearance for delinquent borrowers.--
``(A) In general.--Notwithstanding any other law
governing forbearance relief--
``(i) any borrower whose covered mortgage
loan became 60 days delinquent between March
13, 2020, and the date of enactment of this
paragraph, and who has not already received a
forbearance under subsection (b), shall
automatically be granted a 60-day forbearance
that begins on the date of enactment of this
paragraph, provided that a borrower shall not
be considered delinquent for purposes of this
paragraph while making timely payments or
otherwise performing under a trial modification
or other loss mitigation agreement; and
``(ii) any borrower whose covered mortgage
loan becomes 60 days delinquent between the
date of enactment of this paragraph and the end
of the covered period, and who has not already
received a forbearance under subsection (b),
shall automatically be granted a 60-day
forbearance that begins on the 60th day of
delinquency, provided that a borrower shall not
be considered delinquent for purposes of this
paragraph while making timely payments or
otherwise performing under a trial modification
or other loss mitigation agreement.
``(B) Initial extension.--An automatic forbearance
provided under subparagraph (A) shall be extended for
up to an additional 120 days upon the borrower's
request, oral or written, submitted to the borrower's
servicer affirming that the borrower is experiencing a
financial hardship that prevents the borrower from
making timely payments on the covered mortgage loan
due, directly or indirectly, to the COVID-19 emergency.
``(C) Subsequent extension.--A forbearance extended
under subparagraph (B) shall be extended for up to an
additional 180 days, up to a maximum of 360 days
(including the period of automatic forbearance), upon
the borrower's request, oral or written, submitted to
the borrower's servicer affirming that the borrower is
experiencing a financial hardship that prevents the
borrower from making timely payments on the covered
mortgage loan due, directly or indirectly, to the
COVID-19 emergency.
``(D) Right to elect to continue making payments.--
With respect to a forbearance provided under this
paragraph, the borrower of such loan may elect to
continue making regular payments on the loan. A
borrower who makes such election shall be offered a
loss mitigation option pursuant to subsection (d)
within 30 days of resuming regular payments to address
any payment deficiency during the forbearance.
``(E) Right to shorten forbearance.--At a
borrower's request, any period of forbearance provided
under this paragraph may be shortened. A borrower who
makes such a request shall be offered a loss mitigation
option pursuant to subsection (d) within 30 days of
resuming regular payments to address any payment
deficiency during the forbearance.
``(10) Automatic forbearance for certain reverse mortgage
loans.--
``(A) In general.--When any covered mortgage loan
which is also a federally-insured reverse mortgage
loan, during the covered period, is due and payable due
to the death of the last borrower or end of a deferral
period or eligible to be called due and payable due to
a property charge default, or if the borrower defaults
on a property charge repayment plan, or if the borrower
defaults for failure to complete property repairs, or
if an obligation of the borrower under the Security
Instrument is not performed, the mortgagee
automatically shall be granted a six-month extension
of--
``(i) the mortgagee's deadline to request
due and payable status from the Department of
Housing and Urban Development;
``(ii) the mortgage's deadline to send
notification to the mortgagor or his or her
heirs that the loan is due and payable;
``(iii) the deadline to initiate
foreclosure;
``(iv) any reasonable diligence period
related to foreclosure or the Mortgagee
Optional Election;
``(v) if applicable, the deadline to obtain
the due and payable appraisal; and
``(vi) any claim submission deadline,
including the 6-month acquired property
marketing period.
``(B) Forbearance period.--The mortgagee shall not
request due and payable status from the Secretary of
Housing and Urban Development nor initiate foreclosure
during this six-month period described under
subparagraph (A), which shall be considered a
forbearance period.
``(C) Extension.--A forbearance provided under
subparagraph (B) and related deadline extension
authorized under subparagraph (A) shall be extended for
an additional 180 days upon--
``(i) the borrower's request, oral or
written, submitted to the borrower's servicer
affirming that the borrower is experiencing a
financial hardship that prevents the borrower
from making payments on property charges,
completing property repairs, or performing an
obligation of the borrower under the Security
Instrument due, directly or indirectly, to the
COVID-19 emergency;
``(ii) a non-borrowing spouse's request,
oral or written, submitted to the servicer
affirming that the non-borrowing spouse has
been unable to satisfy all criteria for the
Mortgagee Optional Election program due,
directly or indirectly, to the COVID-19
emergency, or to perform all actions necessary
to become an eligible non-borrowing spouse
following the death of all borrowers; or
``(iii) a successor-in-interest of the
borrower's request, oral or written, submitted
to the servicer affirming the heir's difficulty
satisfying the reverse mortgage loan due,
directly or indirectly, to the COVID-19
emergency.
``(D) Curtailment of debenture interest.--Where any
covered mortgage loan which is also a federally insured
reverse mortgage loan is in default during the covered
period and subject to a prior event which provides for
curtailment of debenture interest in connection with a
claim for insurance benefits, the curtailment of
debenture interest shall be suspended during any
forbearance period provided herein.''.
(3) Additional foreclosure and repossession protections.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)) is
amended--
(A) in paragraph (2), by striking ``may not
initiate any judicial or non-judicial foreclosure
process, move for a foreclosure judgment or order of
sale, or execute a foreclosure-related eviction or
foreclosure sale for not less than the 60-day period
beginning on March 18, 2020'' and inserting ``may not
initiate or proceed with any judicial or non-judicial
foreclosure process, schedule a foreclosure sale, move
for a foreclosure judgment or order of sale, execute a
foreclosure related eviction or foreclosure sale for
six months after the date of enactment of the Emergency
Housing Protections and Relief Act of 2020''; and
(B) by adding at the end the following:
``(3) Repossession moratorium.--In the case of personal
property, including any recreational or motor vehicle, used as
a dwelling, no person may use any judicial or non-judicial
procedure to repossess or otherwise take possession of such
property for six months after date of enactment of this
paragraph.''.
(4) Mortgage forbearance reforms.--Section 4022 of the
CARES Act (15 U.S.C. 9056) is amended--
(A) in subsection (b), by striking paragraphs (1),
(2), and (3) and inserting the following:
``(1) In general.--During the covered period, a borrower
with a covered mortgage loan who has not obtained automatic
forbearance pursuant to this section and who is experiencing a
financial hardship that prevents the borrower from making
timely payments on the covered mortgage loan due, directly or
indirectly, to the COVID-19 emergency may request forbearance
on the loan, regardless of delinquency status, by--
``(A) submitting a request, orally or in writing,
to the servicer of the loan; and
``(B) affirming that the borrower is experiencing a
financial hardship that prevents the borrower from
making timely payments on the covered mortgage loan
due, directly or indirectly, to the COVID-19 emergency.
``(2) Duration of forbearance.--
``(A) In general.--Upon a request by a borrower to
a servicer for forbearance under paragraph (1), such
forbearance shall be granted by the servicer for the
period requested by the borrower, up to an initial
length of 180 days, the length of which shall be
extended by the servicer, at the request of the
borrower for the period or periods requested, for a
total forbearance period of up to 12-months.
``(B) Minimum forbearance amounts.--For purposes of
granting a forbearance under this paragraph, a servicer
may grant an initial forbearance with a term of not
less than 90 days, provided that it is automatically
extended for an additional 90 days unless the servicer
confirms the borrower does not want to renew the
forbearance or that the borrower is no longer
experiencing a financial hardship that prevents the
borrower from making timely mortgage payments due,
directly or indirectly, to the COVID-19 emergency.
``(C) Right to shorten forbearance.--At a
borrower's request, any period of forbearance described
under this paragraph may be shortened. A borrower who
makes such a request shall be offered a loss mitigation
option pursuant to subsection (d) within 30 days of
resuming regular payments to address any payment
deficiency during the forbearance.
``(3) Accrual of interest or fees.--A servicer shall not
charge a borrower any fees, penalties, or interest (beyond the
amounts scheduled or calculated as if the borrower made all
contractual payments on time and in full under the terms of the
mortgage contract) in connection with a forbearance, provided
that a servicer may offer the borrower a modification option at
the end of a forbearance period granted hereunder that includes
the capitalization of past due principal and interest and
escrow payments as long as the borrower's principal and
interest payment under such modification remains at or below
the contractual principal and interest payments owed under the
terms of the mortgage contract before such forbearance period
except as the result of a change in the index of an adjustable
rate mortgage.
``(4) Communication with servicers.--Any communication
between a borrower and a servicer described under this section
may be made in writing or orally, at the borrower's choice.
``(5) Communication with borrowers with a disability.--Upon
request from a borrower, servicers shall communicate with
borrowers who have a disability in the borrower's preferred
method of communication. For purposes of this paragraph, the
term `disability' has the meaning given that term in the Fair
Housing Act, the Americans with Disabilities Act of 1990, or
the Rehabilitation Act of 1973.''; and
(B) in subsection (c), by amending paragraph (1) to
read as follows:
``(1) No documentation required.--A servicer of a covered
mortgage loan shall not require any documentation with respect
to a forbearance under this section other than the borrower's
affirmation (oral or written) to a financial hardship that
prevents the borrower from making timely payments on the
covered mortgage loan due, directly or indirectly, to the
COVID-19 emergency. An oral request for forbearance and oral
affirmation of hardship by the borrower shall be sufficient for
the borrower to obtain or extend a forbearance.''.
(5) Other servicer requirements during forbearance.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as
amended by paragraph (3) of this subsection, is further amended
by adding at the end the following:
``(4) Forbearance terms notice.--Within 30 days of a
servicer of a covered mortgage loan providing forbearance to a
borrower under subsection (b) or paragraph (9) or (10), or 10
days if the forbearance is for a term of less than 60 days, but
only where the forbearance was provided in response to a
borrower's request for forbearance or when an automatic
forbearance was initially provided under paragraph (9) or (10),
and not when an existing forbearance is automatically extended,
the servicer shall provide the borrower with a notice in
accordance with the terms in paragraph (5).
``(5) Contents of notice.--The written notice required
under paragraph (4) shall state in plain language--
``(A) the specific terms of the forbearance;
``(B) the beginning and ending dates of the
forbearance;
``(C) that the borrower is eligible for up to 12
months of forbearance;
``(D) that the borrower may request an extension of
the forbearance unless the borrower will have reached
the maximum period at the end of the forbearance;
``(E) that the borrower may request that the
initial or extended period be shortened at any time;
``(F) that the borrower should contact the servicer
before the end of the forbearance period;
``(G) a description of the loss mitigation options
that may be available to the borrower at the end of the
forbearance period based on the borrower's specific
loan;
``(H) information on how to find a housing
counseling agency approved by the Department of Housing
and Urban Development;
``(I) in the case of a forbearance provided
pursuant to paragraph (9) or (10), that the forbearance
was automatically provided and how to contact the
servicer to make arrangements for further assistance,
including any renewal; and
``(J) where applicable, that the forbearance is
subject to an automatic extension including the terms
of any such automatic extensions and when any further
extension would require a borrower request.
``(6) Treatment of escrow accounts.--During any forbearance
provided under this section, a servicer shall pay or advance
funds to make disbursements in a timely manner from any escrow
account established on the covered mortgage loan.
``(7) Notification for borrowers.--During the period that
begins 90 days after the date of the enactment of this
paragraph and ends at the end of the covered period, each
servicer of a covered mortgage loan shall be required to--
``(A) make available in a clear and conspicuous
manner on their webpage accurate information, in
English and Spanish, for borrowers regarding the
availability of forbearance as provided under
subsection (b); and
``(B) notify every borrower whose payments on a
covered mortgage loan are delinquent in any oral
communication with or to the borrower that the borrower
may be eligible to request forbearance as provided
under subsection (b), except that such notice shall not
be required if the borrower already has requested
forbearance under subsection (b).
``(8) Certain treatment under respa.--As long as a
borrower's payment on a covered mortgage loan was not more than
30 days delinquent on March 13, 2020, a servicer may not deem
the borrower as delinquent while a forbearance granted under
subsection (b) is in effect for purposes of the application of
sections 6 and 10 of the Real Estate Settlement Procedures Act
and any applicable regulations.''.
(6) Post-forbearance loss mitigation.--
(A) Amendment to cares act.--Section 4022 of the
CARES Act (15 U.S.C. 9056) is amended by adding at the
end the following:
``(d) Post-Forbearance Loss Mitigation.--
``(1) Notice of availability of additional forbearance.--
With respect to any covered mortgage loan as to which
forbearance under this section has been granted and not
otherwise extended, including by automatic extension, a
servicer shall, no later than 30 days before the end of the
forbearance period, in writing, notify the borrower that
additional forbearance may be available and how to request such
forbearance, except that no such notice is required where the
borrower already has requested an extension of the forbearance
period, is subject to automatic extension pursuant to
subsection (b)(2)(B), or no additional forbearance is
available.
``(2) Loss mitigation offer before expiration of
forbearance.--No later than 30 days before the end of any
forbearance period that has not been extended or 30 days after
a request by a consumer to terminate the forbearance, which
time shall be before the servicer initiates or engages in any
foreclosure activity listed in subsection (c)(2), including
incurring or charging to a borrower any fees or corporate
advances related to a foreclosure, the servicer shall, in
writing--
``(A) offer the borrower a loss mitigation option,
without the charging of any fees or penalties other
than interest, such that the borrower's principal and
interest payment remains the same as it was prior to
the forbearance, subject to any adjustment of the index
pursuant to the terms of an adjustable rate mortgage,
and that either--
``(i) defers the payment of total
arrearages, including any escrow advances, to
the end of the existing term of the loan,
without the charging or collection of any
additional interest on the deferred amounts; or
``(ii) extends the term of the mortgage
loan, and capitalizes, defers, or forgives all
escrow advances and other arrearages;
provided, however, that the servicer may offer the
borrower a loss mitigation option that reduces the
principal and interest payment on the loan and
capitalizes, defers, or forgives all escrow advances or
arrearages if the servicer has information indicating
that the borrower cannot resume the pre-forbearance
mortgage payments; and
``(B) concurrent with the loss mitigation offer in
subparagraph (A), notify the borrower that the borrower
has the right to be evaluated for other loss mitigation
options if the borrower is not able to make the payment
under the option offered in subparagraph (A).
``(3) Evaluation for loss mitigation prior to foreclosure
initiation.--Before a servicer may initiate or engage in any
foreclosure activity listed in subsection (c)(2), including
incurring or charging to a borrower any fees or corporate
advances related to a foreclosure on the basis that the
borrower has failed to perform under the loss mitigation offer
in paragraph (2)(A) within the first 90 days after the option
is offered, including a failure to accept the loss mitigation
offer in paragraph (2)(A), the servicer shall--
``(A) unless the borrower has already submitted a
complete application that the servicer is reviewing--
``(i) notify the borrower in writing of the
documents and information, if any, needed by
the servicer to enable the servicer to consider
the borrower for all available loss mitigation
options;
``(ii) exercise reasonable diligence to
obtain the documents and information needed to
complete the borrower's loss mitigation
application;
``(B) upon receipt of a complete application or if,
despite the servicer's exercise of reasonable
diligence, the loss mitigation application remains
incomplete sixty days after the notice in paragraph
(2)(A) is sent, conduct an evaluation of the complete
or incomplete loss mitigation application without
reference to whether the borrower has previously
submitted a complete loss mitigation application and
offer the borrower all available loss mitigation
options for which the borrower qualifies under
applicable investor guidelines, including guidelines
regarding required documentation.
``(4) Effect on future requests for loss mitigation
review.--An application, offer, or evaluation for loss
mitigation under this section shall not be the basis for the
denial of a borrower's application as duplicative or for a
reduction in the borrower's appeal rights under Regulation X
(12 CFR 1024) in regard to any loss mitigation application
submitted after the servicer has complied with the requirements
of paragraphs (2) and (3).
``(5) Safe harbor.--Any loss mitigation option authorized
by the Federal National Mortgage Association, the Federal Home
Loan Corporation, or the Federal Housing Administration that
either--
``(A) defers the payment of total arrearages,
including any escrow advances, to the end of the
existing term of the loan, without the charging or
collection of any additional interest on the deferred
amounts, or
``(B) extends the term of the mortgage loan, and
capitalizes, defers, or forgives all escrow advances
and other arrearages, without the charging of any fees
or penalties beyond interest on any amount capitalized
into the loan principal,
shall be deemed to comply with the requirements of paragraph
(1)(B).
``(6) Home retention options for certain reverse mortgage
loans.--
``(A) In general.--For a covered mortgage loan
which is also a federally-insured reverse mortgage
loan, a servicer's conduct shall be deemed to comply
with this section provided that if the loan is eligible
to be called due and payable due to a property charge
default, the mortgagee shall, as a precondition to
sending a due and payable request to the Secretary or
initiating or continuing a foreclosure process--
``(i) make a good faith effort to
communicate with the borrower regarding
available home retention options to cure the
property charge default, including encouraging
the borrower to apply for home retention
options; and
``(ii) consider the borrower for all
available home retention options as allowed by
the Secretary.
``(B) Permissible repayment plans.--The Secretary
shall amend its allowable home retention options to
permit a repayment plan of up to 120 months in length,
and to permit a repayment plan without regard to prior
defaults on repayment plans.
``(C) Limitation on interest curtailment.--The
Secretary may not curtail interest paid to mortgagees
who engage in loss mitigation or home retention actions
through interest curtailment during such loss
mitigation or home retention review or during the
period when a loss mitigation or home retention plan is
in effect and ending 90 days after any such plan
terminates.''.
(B) Amendment to housing act of 1949.--Section 505
of the Housing Act of 1949 (42 U.S.C. 1475) is
amended--
(i) by striking the section heading and
inserting ``loss mitigation and foreclosure
procedures'';
(ii) in subsection (a), by striking the
section designation and all that follows
through ``During any'' and inserting the
following:
``Sec. 505. (a) Moratorium.--(1) In determining a borrower's
eligibility for relief, the Secretary shall make all eligibility
decisions based on the borrower's household's income, expenses, and
circumstances.
``(2) During any''.
(iii) by redesignating subsection (b) as
subsection (c); and
(iv) by inserting after subsection (a) the
following new subsection:
``(b) Loan Modification.--(1) Notwithstanding any other provision
of this title, for any loan made under section 502 or 504, the
Secretary may modify the interest rate and extend the term of such loan
for up to 30 years from the date of such modification.
``(2) At the end of any moratorium period granted under this
section or under the Emergency Housing Protections and Relief Act of
2020, the Secretary shall determine whether the borrower can reasonably
resume making principal and interest payments after the Secretary
modifies the borrower's loan obligations in accordance with paragraph
(1).''.
(7) Multifamily mortgage forbearance.--Section 4023 of the
CARES Act (15 U.S.C. 9057) is amended--
(A) by striking ``Federally backed multifamily
mortgage loan'' each place such term appears and
inserting ``multifamily mortgage loan'';
(B) in subsection (b), by striking ``during'' and
inserting ``due, directly or indirectly, to'';
(C) in subsection (c)(1)--
(i) in subparagraph (A), by adding ``and''
at the end;
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) provide the forbearance for up to the end of
the period described under section 4024(b).''; and
(D) by redesignating subsection (f) as subsection
(g);
(E) by inserting after subsection (e) the
following:
``(f) Treatment After Forbearance.--With respect to a multifamily
mortgage loan provided a forbearance under this section, the servicer
of such loan--
``(1) shall provide the borrower with a 12-month period
beginning at the end of such forbearance to become current on
the payments under such loan;
``(2) may not charge any late fees, penalties, or other
charges with respect to payments on the loan that were due
during the forbearance period, if such payments are made before
the end of the 12-month period; and
``(3) may not report any adverse information to a credit
rating agency (as defined under section 603 of the Fair Credit
Reporting Act with respect to any payments on the loan that
were due during the forbearance period, if such payments are
made before the end of the 12-month period.).''; and
(F) in subsection (g), as so redesignated--
(i) in paragraph (2)--
(I) by striking ``that--'' and all
that follows through ``(A) is secured
by'' and inserting ``that is secured
by'';
(II) by striking ``; and'' and
inserting a period; and
(III) by striking subparagraph (B);
and
(ii) by amending paragraph (5) to read as
follows:
``(5) Covered period.--With respect to a loan, the term
`covered period' has the meaning given that term under section
4022(a)(3).''.
(8) Renter protections during forbearance period.--A
borrower that receives a forbearance pursuant to section 4022
or 4023 of the CARES Act (15 U.S.C. 9056 or 9057) may not, for
the duration of the forbearance--
(A) evict or initiate the eviction of a tenant
solely for nonpayment of rent or other fees or charges;
or
(B) charge any late fees, penalties, or other
charges to a tenant for late payment of rent.
(9) Extension of gse patch.--
(A) Non-applicability of existing sunset.--Section
1026.43(e)(4)(iii)(B) of title 12, Code of Federal
Regulations, shall have no force or effect.
(B) Extended sunset.--The special rules in section
1026.43(e)(4) of title 12, Code of Federal Regulations,
shall apply to covered transactions consummated prior
to June 1, 2022, or such later date as the Director of
the Bureau of Consumer Financial Protection may
determine, by rule.
(10) Servicer safe harbor from investor liability.--
(A) Safe harbor.--
(i) In general.--A servicer of covered
mortgage loans or multifamily mortgage loans
shall be deemed not to have violated any duty
or contractual obligation owed to investors or
other parties regarding such mortgage loans on
account of offering or implementing in good
faith forbearance during the covered period or
offering or implementing in good faith post-
forbearance loss mitigation (including after
the expiration of the covered period) in
accordance with the terms of sections 4022 and
4023 of the CARES Act to borrowers,
respectively, on covered or multifamily
mortgage loans that it services and shall not
be liable to any party who is owed such a duty
or obligation or subject to any injunction,
stay, or other equitable relief to such party
on account of such offer or implementation of
forbearance or post-forbearance loss
mitigation.
(ii) Other persons.--Any person, including
a trustee of a securitization vehicle or other
party involved in a securitization or other
investment vehicle, who in good faith
cooperates with a servicer of covered or
multifamily mortgage loans held by that
securitization or investment vehicle to comply
with the terms of section 4022 and 4023 of the
CARES Act, respectively, to borrowers on
covered or multifamily mortgage loans owned by
the securitization or other investment vehicle
shall not be liable to any party who is owed
such a duty or obligation or subject to any
injunction, stay, or other equitable relief to
such party on account of its cooperation with
an offer or implementation of forbearance
during the covered period or post-forbearance
loss mitigation, including after the expiration
of the covered period.
(B) Standard industry practice.--During the covered
period, notwithstanding any contractual restrictions,
it is deemed to be standard industry practice for a
servicer to offer forbearance or loss mitigation
options in accordance with the terms of sections 4022
and 4023 of the CARES Act to borrowers, respectively,
on all covered or multifamily mortgage loans it
services.
(C) Rule of construction.--Nothing in this
paragraph may be construed as affecting the liability
of a servicer or other person for actual fraud in the
servicing of a mortgage loan or for the violation of a
State or Federal law.
(D) Definitions.--In this paragraph:
(i) Covered mortgage loan.--The term
``covered mortgage loan'' has the meaning given
that term under section 4022(a) of the CARES
Act.
(ii) Covered period.--The term ``covered
period'' has the meaning given that term under
section 4023(g) of the CARES Act.
(iii) Multifamily mortgage loan.--The term
``multifamily mortgage loan'' has the meaning
given that term under section 4023(g) of the
CARES Act.
(iv) Servicer.--The term ``servicer''--
(I) has the meaning given the term
under section 6(i) of the Real Estate
Settlement Procedures Act of 1974 (12
U.S.C. 2605(i)); and
(II) means a master servicer and a
subservicer, as such terms are defined,
respectively, under section 1024.31 of
title 12, Code of Federal Regulations.
(v) Securitization vehicle.--The term
``securitization vehicle'' has the meaning give
that term under section 129A(f) of the Truth in
Lending Act (15 U.S.C. 1639a(f)).
(c) Bankruptcy Protections.--
(1) Bankruptcy protections for federal coronavirus relief
payments.--Section 541(b) of title 11, United States Code, is
amended--
(A) in paragraph (9), in the matter following
subparagraph (B), by striking ``or'';
(B) in paragraph (10)(C), by striking the period at
the end and inserting ``; or''; and
(C) by inserting after paragraph (10) the
following:
``(11) payments made under Federal law relating to the
national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
coronavirus disease 2019 (COVID-19).''.
(2) Protection against discriminatory treatment of
homeowners in bankruptcy.--Section 525 of title 11, United
States Code, is amended by adding at the end the following:
``(d) A person may not be denied any forbearance, assistance, or
loan modification relief made available to borrowers by a mortgage
creditor or servicer because the person is or has been a debtor, or has
received a discharge, in a case under this title.''.
(3) Increasing the homestead exemption.--Section 522 of
title 11, United States Code, is amended--
(A) in subsection (d)(1), by striking ``$15,000''
and inserting ``$100,000''; and
(B) by adding at the end the following:
``(r) Notwithstanding any other provision of applicable
nonbankruptcy law, a debtor in any State may exempt from property of
the estate the property described in subsection (d)(1) not to exceed
the value in subsection (d)(1) if the exemption for such property
permitted by applicable nonbankruptcy law is lower than that amount.''.
(4) Effect of missed mortgage payments on discharge.--
Section 1328 of title 11, United States Code, is amended by
adding at the end the following:
``(i) A debtor shall not be denied a discharge under this section
because, as of the date of discharge, the debtor did not make 6 or
fewer payments directly to the holder of a debt secured by real
property.
``(j) Notwithstanding subsections (a) and (b), upon the debtor's
request, the court shall grant a discharge of all debts provided for in
the plan that are dischargeable under subsection (a) if the debtor--
``(1) has made payments under a confirmed plan for at least
1 year; and
``(2) is experiencing or has experienced a material
financial hardship due, directly or indirectly, to the
coronavirus disease 2019 (COVID-19) pandemic.''.
(5) Expanded eligibility for chapter 13.--Section 109(e) of
title 11, United States Code, is amended--
(A) by striking ``$250,000'' each place the term
appears and inserting ``$850,000''; and
(B) by striking ``$750,000'' each place the term
appears and inserting ``$2,600,000''.
(6) Extended cure period for homeowners harmed by covid-19
pandemic.--
(A) In general.--Chapter 13 of title 11, United
States Code, is amended by adding at the end thereof
the following:
``Sec. 1331. Special provisions related to COVID-19 pandemic
``(a) Notwithstanding subsections (b)(2) and (d) of section 1322,
if the debtor is experiencing or has experienced a material financial
hardship due, directly or indirectly, to the coronavirus disease 2019
(COVID-19) pandemic, a plan may provide for the curing of any default
within a reasonable time, not to exceed 7 years after the time that the
first payment under the original confirmed plan was due, and
maintenance of payments while the case is pending on any unsecured
claim or secured claim on which the last payment is due after the
expiration of such time. Any such plan provision shall not affect the
applicable commitment period under section 1325(b).
``(b) For purposes of sections 1328(a) and 1328(b), any cure or
maintenance payments under subsection (a) that are made after the end
of the period during which the plan provides for payments (other than
payments under subsection (a)) shall not be treated as payments under
the plan.
``(c) Notwithstanding section 1329(c), a plan modified under
section 1329 at the debtor's request may provide for cure or
maintenance payments under subsection (a) over a period that is not
longer than 7 years after the time that the first payment under the
original confirmed plan was due.
``(d) Notwithstanding section 362(c)(2), during the period after
the debtor receives a discharge and the period during which the plan
provides for the cure of any default and maintenance of payments under
the plan, section 362(a) shall apply to the holder of a claim for which
a default is cured and payments are maintained under subsection (a) and
to any property securing such claim.
``(e) Notwithstanding section 1301(a)(2), the stay of section
1301(a) terminates upon the granting of a discharge under section 1328
with respect to all creditors other than the holder of a claim for
which a default is cured and payments are maintained under subsection
(a).''.
(B) Table of contents.--The table of sections of
chapter 13, title 11, United States Code, is amended by
adding at the end thereof the following:
``Sec. 1331. Special provisions related to COVID-19 Pandemic.''.
(C) Application.--The amendments made by this
paragraph shall apply only to any case under title 11,
United States Code, commenced before 3 years after the
date of enactment of this Act and pending on or
commenced after such date of enactment, in which a plan
under chapter 13 of title 11, United States Code, was
not confirmed before March 27, 2020.
SEC. 104. LIQUIDITY FOR MORTGAGE SERVICERS AND RESIDENTIAL RENTAL
PROPERTY OWNERS.
(a) In General.--Section 4003 of the CARES Act (15 U.S.C. 9042), is
amended by adding at the end the following:
``(i) Liquidity for Mortgage Servicers.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall ensure that servicers of covered mortgage loans (as
defined under section 4022) and multifamily mortgage loans (as
defined under section 4023) are provided the opportunity to
participate in the loans, loan guarantees, or other investments
made by the Secretary under this section. The Secretary shall
ensure that servicers are provided with access to such
opportunities under equitable terms and conditions regardless
of their size.
``(2) Mortgage servicer eligibility.--In order to receive
assistance under subsection (b)(4), a mortgage servicer shall--
``(A) demonstrate that the mortgage servicer has
established policies and procedures to use such funds
only to replace funds used for borrower assistance,
including to advance funds as a result of forbearance
or other loss mitigation provided to borrowers;
``(B) demonstrate that the mortgage servicer has
established policies and procedures to provide
forbearance, post-forbearance loss mitigation, and
other assistance to borrowers in compliance with the
terms of section 4022 or 4023, as applicable;
``(C) demonstrate that the mortgage servicer has
established policies and procedures to ensure that
forbearance and post-forbearance assistance is
available to all borrowers in a non-discriminatory
fashion and in compliance with the Fair Housing Act,
the Equal Credit Opportunity Act, and other applicable
fair housing and fair lending laws; and
``(D) comply with the limitations on compensation
set forth in section 4004.
``(3) Mortgage servicer requirements.--A mortgage servicer
receiving assistance under subsection (b)(4) may not, while the
servicer is under any obligation to repay funds provided or
guaranteed under this section--
``(A) pay dividends with respect to the common
stock of the mortgage servicer or purchase an equity
security of the mortgage servicer or any parent company
of the mortgage servicer if the security is listed on a
national securities exchange, except to the extent
required under a contractual obligation that is in
effect on the date of enactment of this subsection; or
``(B) prepay any debt obligation.''.
(b) Credit Facility for Residential Rental Property Owners.--
(1) In general.--The Board of Governors of the Federal
Reserve System shall--
(A) establish a facility, using amounts made
available under section 4003(b)(4) of the CARES Act (15
U.S.C. 9042(b)(4)), to make long-term, low-cost loans
to residential rental property owners as to temporarily
compensate such owners for documented financial losses
caused by reductions in rent payments; and
(B) defer such owners' required payments on such
loans until after six months after the date of
enactment of this Act.
(2) Requirements.--A borrower that receives a loan under
this subsection may not, for the duration of the loan--
(A) evict or initiate the eviction of a tenant
solely for nonpayment of rent or other fees or charges;
(B) charge any late fees, penalties, or other
charges to a tenant for late payment of rent; and
(C) with respect to a person or entity described
under paragraph (4), discriminate on the basis of
source of income.
(3) Report on residential rental property owners.--The
Board of Governors shall issue a report to the Congress
containing the following, with respect to each property owner
receiving a loan under this subsection:
(A) The number of borrowers that received
assistance under this subsection.
(B) The average total loan amount that each
borrower received.
(C) The total number of rental units that each
borrower owned.
(D) The average rent charged by each borrower.
(4) Report on large residential rental property owners.--
The Board of Governors shall issue a report to Congress that
identifies any person or entity that in aggregate owns or holds
a controlling interest in any entity that, in aggregate, owns--
(A) more than 100 rental units that are located
within in a single Metropolitan Statistical Area;
(B) more than 1,000 rental units nationwide; or
(C) rental units in three or more States.
(c) Amendments to National Housing Act.--Section 306(g)(1) of the
National Housing Act (12 U.S.C. 1721(a)) is amended--
(1) in the fifth sentence, by inserting after ``issued''
the following: ``, subject to any pledge or grant of security
interest of the Federal Reserve under section 4003(a) of the
CARES Act (Public Law 116-136; 134 Stat. 470; 15 U.S.C.
9042(a)) and to any such mortgage or mortgages or any interest
therein and the proceeds thereon, which the Association may
elect to approve''; and
(2) in the sixth sentence--
(A) by striking ``or (C)'' and inserting ``(C)'';
and
(B) by inserting before the period the following:
``, or (D) its approval and honoring of any pledge or
grant of security interest of the Federal Reserve under
section 4003(a) of the CARES Act and to any such
mortgage or mortgages or any interest therein and
proceeds thereon as''.
SEC. 105. RURAL RENTAL ASSISTANCE.
There is authorized to be appropriated for fiscal year 2020
$309,000,000 for rural rental assistance, which shall remain available
until September 30, 2021, of which--
(1) up to $25,000,000 may be used for an additional amount
for rural housing vouchers for any low-income households
(including those not receiving rental assistance) residing in a
property financed with a section 515 loan which has been
prepaid after September 30, 2005, or has matured after
September 30, 2019; and
(2) the remainder shall be used for an additional amount
for rural rental assistance agreements entered into or renewed
pursuant to section 521(a)(2) of the Housing Act of 1949 (42
U.S.C. 1490a(a)(2)) to--
(A) supplement the rental assistance of households
on whose behalf assistance is being provided; and
(B) provide rental assistance on behalf of
households who are not being assisted with such rental
assistance but who qualify for such assistance.
SEC. 106. FUNDING FOR PUBLIC HOUSING AND TENANT-BASED RENTAL
ASSISTANCE.
(a) Public Housing Operating Fund.--There is authorized to be
appropriated for an additional amount for fiscal year 2020 for the
Public Housing Operating Fund under section 9(e) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(e)) $2,000,000,000, to remain
available until September 30, 2021.
(b) Tenant-Based Section 8 Rental Assistance.--There is authorized
to be appropriated for an additional amount for fiscal year 2020 for
the tenant-based rental assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)) $3,000,000,000, to
remain available until September 30, 2021, of which not more than
$500,000,000 may be used for administrative fees under section 8(q) of
such Act (42 U.S.C. 1437f(q)).
(c) Applicability of Waivers.--Any waiver or alternative
requirement made by the Secretary of Housing and Urban Development
pursuant to the heading ``Tenant-Based Rental Assistance'' or ``Public
Housing Operating Fund'' in title XII of division B of the CARES Act
(Public Law 116-136) shall apply with respect to amounts made available
pursuant to this section.
SEC. 107. SUPPLEMENTAL FUNDING FOR SUPPORTIVE HOUSING FOR THE ELDERLY,
SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES,
SUPPORTIVE HOUSING FOR PERSONS WITH AIDS, AND PROJECT-
BASED SECTION 8 RENTAL ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $500,000,000 for fiscal year 2020 for additional
assistance for supportive housing for the elderly, of which--
(1) $200,000,000 shall be for rental assistance under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) or
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), as appropriate, and for hiring additional staff and for
services and costs, including acquiring personal protective
equipment, to prevent, prepare for, or respond to the public
health emergency relating to Coronavirus Disease 2019 (COVID-
19) pandemic; and
(2) $300,000,000 shall be for grants under section 676 of
the Housing and Community Development Act of 1992 (42 U.S.C.
13632) for costs of providing service coordinators for purposes
of coordinating services to prevent, prepare for, or respond to
the public health emergency relating to Coronavirus Disease
2019 (COVID-19).
Any provisions of, and waivers and alternative requirements issued by
the Secretary pursuant to, the heading ``Department of Housing and
Urban Development--Housing Programs--Housing for the Elderly'' in title
XII of division B of the CARES Act (Public Law 116-136) shall apply
with respect to amounts made available pursuant to this subsection.
(b) Eligibility of Supportive Housing for Persons With
Disabilities.--Subsection (a) of section 676 of the Housing and
Community Development Act of 1992 (42 U.S.C. 13632(a)) shall be
applied, for purposes of subsection (a) of this section, by
substituting ``(G), and (H)'' for `` and (G)''.
(c) Service Coordinators.--
(1) Hiring.--In the hiring of staff using amounts made
available pursuant to this section for costs of providing
service coordinators, grantees shall consider and hire, at all
levels of employment and to the greatest extent possible, a
diverse staff, including by race, ethnicity, gender, and
disability status. Each grantee shall submit a report to the
Secretary of Housing and Urban Development describing
compliance with the preceding sentence not later than the
expiration of the 120-day period that begins upon the
termination of the emergency declared on March 13, 2020, by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to
the Coronavirus Disease 2019 (COVID-19) pandemic.
(2) One-time grants.--Grants made using amounts made
available pursuant to subsection (a) for costs of providing
service coordinators shall not be renewable.
(3) One-year availability.--Any amounts made available
pursuant to this section for costs of providing service
coordinators that are allocated for a grantee and remain
unexpended upon the expiration of the 12-month period beginning
upon such allocation shall be recaptured by the Secretary.
(d) Funding for Supportive Housing for Persons With Disabilities.--
There is authorized to be appropriated $200,000,000 for fiscal year
2020 for additional assistance for supportive housing for persons with
disabilities under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013). Any provisions of, and waivers
and alternative requirements issued by the Secretary pursuant to, the
heading ``Department of Housing and Urban Development--Housing
Programs--Housing for Persons With Disabilities'' in title XII of
division B of the CARES Act (Public Law 116-136) shall apply with
respect to amounts made available pursuant to this subsection.
(e) Funding for Housing Opportunities for People With AIDS
Program.--There is authorized to be appropriated $15,000,000 for fiscal
year 2020 for additional assistance for the Housing Opportunities for
Persons with AIDS program under the AIDS Housing Opportunity Act (42
U.S.C. 12901 et seq.). Any provisions of, and waivers and alternative
requirements issued by the Secretary pursuant to, the heading
``Department of Housing and Urban Development--Community Planning and
Development--Housing Opportunities for Persons With AIDS'' in title XII
of division B of the CARES Act (Public Law 116-136) shall apply with
respect to amounts made available pursuant to this subsection.
(f) Funding for Project-Based Section 8 Rental Assistance.--There
is authorized to be appropriated $750,000,000 for fiscal year 2020 for
additional assistance for project-based rental assistance under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). Any
provisions of, and waivers and alternative requirements issued by the
Secretary pursuant to, the heading ``Department of Housing and Urban
Development--Housing Programs--Project-Based Rental Assistance'' in
title XII of division B of the CARES Act (Public Law 116-136) shall
apply with respect to amounts made available pursuant to this
subsection.
SEC. 108. FAIR HOUSING.
(a) Definition of COVID-19 Emergency Period.-- For purposes of this
Act, the term ``COVID-19 emergency period'' means the period that
begins upon the date of the enactment of this Act and ends upon the
date of the termination by the Federal Emergency Management Agency of
the emergency declared on March 13, 2020, by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID-
19) pandemic.
(b) Fair Housing Activities.--
(1) Authorization of appropriations.--To ensure existing
grantees have sufficient resource for fair housing activities
and for technology and equipment needs to deliver services
through use of the Internet or other electronic or virtual
means in response to the public health emergency related to the
Coronavirus Disease 2019 (COVID-19) pandemic, there is
authorized to be appropriated $4,000,000 for Fair Housing
Organization Initiative grants through the Fair Housing
Initiatives Program under section 561 of the Housing and
Community Development Act of 1987 (42 U.S.C. 3616a).
(2) 3-year availability.--Any amounts made available
pursuant paragraph (1) that are allocated for a grantee and
remain unexpended upon the expiration of the 3-year period
beginning upon such allocation shall be recaptured by the
Secretary.
(c) Fair Housing Education.--There is authorized to be appropriated
$10,000,000 for the Office of Fair Housing and Equal Opportunity of the
Department of Housing and Urban Development to carry out a national
media campaign and local education and outreach to educate the public
of increased housing rights during COVID-19 emergency period, that
provides that information and materials used in such campaign are
available--
(1) in the languages used by communities with limited
English proficiency; and
(2) to persons with disabilities.
SEC. 109. FUNDING FOR HOUSING COUNSELING SERVICES.
(a) Congressional Findings.--The Congress finds that--
(1) the spread of Coronavirus Disease 2019 (COVID-19),
which is now considered a global pandemic, is expected to
negatively impact the incomes of potentially millions of
homeowners, renters, individuals experiencing homelessness, and
individuals at risk of homelessness, making it difficult for
them to pay their mortgages or rents on time;
(2) housing counseling is critical to ensuring that
homeowners, renters, individuals experiencing homelessness, and
individuals at risk of homelessness have the resources they
need to manage financial hardships from the COVID-19 crisis;
(3) loan preservation and foreclosure mitigation services
are also critical to address the needs of homeowners who lose
employment and income because of the pandemic and who face
serious delinquency or home loan default, or are in foreclosing
proceedings during this period;
(4) evaluations from the National Foreclosure Mitigation
Counseling program revealed that homeowners at risk of or
facing foreclosure are better served when they have access to a
housing counselor and a range of tools and resources to help
them avoid losing their home and have the support they need to
tailor the best possible response to their situation.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Neighborhood Reinvestment Corporation (in this
section referred to as the ``Corporation'') established under the
Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101 et seq.)
$100,000,000 for fiscal year 2020 for housing counseling services,
which shall remain available until September 30, 2023.
(c) Prioritization of Housing Counseling Services.--Of any grant
funds made available pursuant to subsection (b), not less than 40
percent shall be provided to counseling organizations that target
counseling services to minority and low-income homeowners, renters,
individuals experiencing homelessness, and individuals at risk of
homelessness or provide such services in neighborhoods with high
concentrations of minority and low-income homeowners, renters,
individuals experiencing homelessness, and individuals at risk of
homelessness.
(d) Eligible Uses.--Amounts made available pursuant to subsection
(b) may be used in such amounts as the Corporation determines for costs
of--
(1) public education and outreach;
(2) direct services, including the full range of services
provided by housing counselors to assist homeowners, including
manufactured homeowners, regardless of financing type, renters,
individuals experiencing homelessness, and individuals at risk
of homelessness, including the practices, tools, and
innovations in foreclosure mitigation that were utilized in the
National Foreclosure Mitigation Counseling Program, and
financial capability, credit counseling, homeless counseling,
and rental counseling;
(3) equipment and technology, including broadband internet
and equipment upgrades needed to ensure timely and effective
service delivery;
(4) training, including capacitating housing counseling
staff in various modes of counseling, including rental and
foreclosure, delivery of remote counseling utilizing improved
technology, enhanced network security, and supportive options
for the delivery of client services; and
(5) administration and oversight of the program in
accordance with the Corporation's rate for program
administration.
(e) Disbursement.--The Corporation shall disburse all grant funds
made available pursuant to subsection (b) as expeditiously as possible,
through grants to housing counseling intermediaries approved by the
Department of Housing and Urban Development, State housing finance
agencies, and NeighborWorks organizations. The aggregate amount
provided to NeighborWorks organizations shall not exceed 15 percent of
the total of grant funds made available pursuant to subsection (b).
TITLE II--PROTECTING PEOPLE EXPERIENCING HOMELESSNESS
SEC. 201. HOMELESS ASSISTANCE FUNDING.
(a) Emergency Homeless Assistance.--
(1) Authorization of appropriations.--There is authorized
to be appropriated under the Emergency Solutions Grants program
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.) $11,500,000,000 for
grants under such subtitle in accordance with this subsection
to respond to needs arising from the public health emergency
relating to Coronavirus Disease 2019 (COVID-19). Of such
amounts made available, $4,000,000,000 shall be allocated in
accordance with sections 413 and 414 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11372, 11373).
(2) Formula.--Notwithstanding sections 413 and 414 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11372,
11373), the Secretary of Housing and Urban Development (in this
Act referred to as the ``Secretary'') shall allocate any
amounts remaining after amounts are allocated pursuant to
paragraph (1) in accordance with a formula to be established by
the Secretary that takes into consideration the following
factors:
(A) Risk of transmission of coronavirus in a
jurisdiction.
(B) Whether a jurisdiction has a high number or
rate of sheltered and unsheltered homeless individuals
and families.
(C) Economic and housing market conditions in a
jurisdiction.
(3) Eligible activities.--In addition to eligible
activities under section 415(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11374(a), amounts made available
pursuant to paragraph (1) may also be used for costs of the
following activities:
(A) Providing training on infectious disease
prevention and mitigation.
(B) Providing hazard pay, including for time worked
before the effectiveness of this subparagraph, for
staff working directly to prevent and mitigate the
spread of coronavirus or COVID-19 among people
experiencing or at risk of homelessness.
(C) Reimbursement of costs for eligible activities
(including activities described in this paragraph)
relating to preventing, preparing for, or responding to
the coronavirus or COVID-19 that were accrued before
the date of the enactment of this Act.
(D) Notwithstanding 24 CFR 576.102(a)(3), providing
a hotel or motel voucher for a homeless individual or
family.
Use of such amounts for activities described in this paragraph
shall not be considered use for administrative purposes for
purposes of section 418 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11377).
(4) Inapplicability of procurement standards.--To the
extent amounts made available pursuant to paragraph (1) are
used to procure goods and services relating to activities to
prevent, prepare for, or respond to the coronavirus or COVID-
19, the standards and requirements regarding procurement that
are otherwise applicable shall not apply.
(5) Inapplicability of habitability and environmental
review standards.--Any Federal standards and requirements
regarding habitability and environmental review shall not apply
with respect to any emergency shelter that is assisted with
amounts made available pursuant to paragraph (1) and has been
determined by a State or local health official, in accordance
with such requirements as the Secretary shall establish, to be
necessary to prevent and mitigate the spread of coronavirus or
COVID-19, such shelters.
(6) Inapplicability of cap on emergency shelter
activities.--Subsection (b) of section 415 of the McKinney-
Vento Homeless Assistance Act shall not apply to any amounts
made available pursuant to paragraph (1) of this subsection.
(7) Initial allocation of assistance.--Section 417(b) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11376(b))
shall be applied with respect to amounts made available
pursuant to paragraph (1) of this subsection by substituting
``30-day'' for ``60-day''.
(8) Waivers and alternative requirements.--
(A) Authority.--In administering amounts made
available pursuant to paragraph (1), the Secretary may
waive, or specify alternative requirements for, any
provision of any statute or regulation (except for any
requirements related to fair housing,
nondiscrimination, labor standards, and the
environment) that the Secretary administers in
connection with the obligation or use by the recipient
of such amounts, if the Secretary finds that good cause
exists for the waiver or alternative requirement and
such waiver or alternative requirement is consistent
with the purposes described in this subsection.
(B) Notification.--The Secretary shall notify the
public through the Federal Register or other
appropriate means 5 days before the effective date of
any such waiver or alternative requirement, and any
such public notice may be provided on the Internet at
the appropriate Government web site or through other
electronic media, as determined by the Secretary.
(C) Exemption.--The use of amounts made available
pursuant to paragraph (1) shall not be subject to the
consultation, citizen participation, or match
requirements that otherwise apply to the Emergency
Solutions Grants program, except that a recipient shall
publish how it has and will utilize its allocation at a
minimum on the Internet at the appropriate Government
web site or through other electronic media.
(9) Inapplicability of matching requirement.--Subsection
(a) of section 416 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11375(a)) shall not apply to any amounts made
available pursuant to paragraph (1) of this subsection.
(10) Prohibition on prerequisites.--None of the funds
authorized under this subsection may be used to require people
experiencing homelessness to receive treatment or perform any
other prerequisite activities as a condition for receiving
shelter, housing, or other services.
(b) Continuum of Care Program.--Due to the emergency relating to
the Coronavirus Disease 2019 (COVID-19) pandemic, the Notice of Funding
Availability (NOFA) for fiscal year 2020 for the Continuum of Care
program under subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.) shall have no force or effect
and the Secretary of Housing and Urban Development shall distribute
amounts made available for such fiscal year for such program based on
the results of the competition for amounts made available for such
program for fiscal year 2019 (FR-6300-25), except that grant amounts
may be adjusted to account for changes in fair market rents.
SEC. 202. EMERGENCY RENTAL ASSISTANCE VOUCHER PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Housing and Urban Development (in this
section referred to as the ``Secretary''), $1,000,000,000 for fiscal
year 2020, to remain available until expended, for incremental
emergency vouchers under subsection (b).
(b) Emergency Vouchers.--
(1) In general.--The Secretary shall provide emergency
rental assistance vouchers under this subsection, which shall
be tenant-based rental assistance under section 8(o) the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)).
(2) Selection of families.--
(A) Mandatory preferences.--Each public housing
agency administering assistance under this section
shall provide preference for such assistance to
eligible families that are--
(i) homeless (as such term is defined in
section 103(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a));
(ii) at risk of homelessness (as such term
is defined in section 401 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360); or
(iii) fleeing, or attempting to flee,
domestic violence, dating violence, sexual
assault, or stalking.
(B) Allocation.--In allocating amounts made
available under this section, the Secretary shall--
(i) not later than 60 days after the date
of the enactment of this Act, allocate at least
50 percent of such amounts to public housing
agencies in accordance with a formula that
considers--
(I) the capability of public
housing agencies to promptly use
emergency vouchers provided under this
section; and
(II) the need for emergency
vouchers provided under this section in
the geographical area, based on factors
determined by the Secretary, including
risk of transmission of coronavirus,
high numbers or rates of sheltered and
unsheltered homelessness, and economic
and housing market conditions;
(ii) allocate remaining amounts in
accordance with a formula that considers--
(I) the criteria under clause (i)
and the success of a public housing
agency in promptly utilizing vouchers
awarded under clause (i); and
(II) the capability of the public
housing agency to create and manage
structured partnerships with service
providers for the delivery of
appropriate community-based services;
and
(iii) designate the number of vouchers
under this section that each public housing
agency that is awarded funds under this section
is authorized to administer.
(C) Election not to administer.--If a public
housing agency elects not to administer amounts under
this section, the Secretary shall award such amounts to
other public housing agencies according to the criteria
in subparagraph (B).
(D) Failure to use vouchers promptly.--If a public
housing agency fails to issue all of its authorized
vouchers under this section on behalf of eligible
families within a reasonable period of time as
determined by the Secretary, the Secretary shall
reallocate any unissued vouchers and associated funds
to others public housing agencies according to the
criteria under subparagraph (B)(ii).
(3) Waivers and alternative requirements.--Any waiver or
alternative requirement that the Secretary makes available to
all public housing agencies in connection with assistance made
available under the heading ``Tenant-Based Rental Assistance''
in title XII of division B of the CARES Act (Public Law 116-
136; 134 Stat.601) shall apply to assistance under this section
until the expiration of such waiver or alternative requirement.
(4) Termination of vouchers upon turnover.--
(A) In general.--A public housing agency may not
reissue any vouchers made available under this section
when assistance for the family initially assisted is
terminated.
(B) Reallocation.--Upon termination of assistance
for one or more families assisted by a public housing
agency under this section, the Secretary shall
reallocate amounts that are no longer needed by such
public housing agency for assistance under this section
to another public housing agency for the renewal of
vouchers previously authorized under this section.
Passed the House of Representatives June 29, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.