[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4620 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4620
To modify the premerger notification requirements under the Clayton Act
with respect to certain acquisitions of residential property, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2024
Ms. Klobuchar (for herself, Mr. Brown, Ms. Hirono, Mr. Merkley, Ms.
Warren, Ms. Smith, Mr. Sanders, Mr. Van Hollen, and Mr. Wyden)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To modify the premerger notification requirements under the Clayton Act
with respect to certain acquisitions of residential property, 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.
This Act may be cited as the ``Housing Acquisitions Review and
Transparency Act'' or the ``HART Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Residential property.--The term ``residential
property''--
(A) means property that is zoned or intended to be
used as a dwelling for individuals or households,
including multifamily housing, condominiums,
manufactured homes, or single-family homes; and
(B) does not include any place of short-term
lodging.
(2) Investment rental property.--The term ``investment
rental property'' means real property that--
(A) will not be rented to an entity, including any
entity of the acquiring person, except for the sole
purpose of maintaining, managing, or supervising the
operation of the real property; and
(B) will be held solely for rental or investment
purposes.
(3) Place of short-term lodging.--The term ``place of
short-term lodging'' means a hotel, motel, inn, short-term
rental, or other place of lodging that advertises at a price
that is a nightly, hourly, or weekly rate.
SEC. 3. HOUSING TRANSACTIONS REPORTABLE.
(a) Single Acquisition.--Section 7A(a) of the Clayton Act (15
U.S.C. 18a(a)) is amended by adding at the end the following: ``For
purposes of this subsection, all acquisitions of residential property
(as defined in section 2 of the HART Act) by any person within a single
calendar year shall be deemed to be a single acquisition and
notification pursuant to this subsection shall be filed by the
acquiring person upon acquiring the property that brings such single
acquisition within any requirement described in paragraph (2) when
aggregated with all other prior acquisitions of residential property by
the person in that calendar year.''
(b) Exemption.--Section 7A(c)(1) of the Clayton Act (15 U.S.C.
18a(c)(1)) is amended by inserting ``, unless the transaction includes
residential property or investment rental property (as defined in
section 2 of the HART Act), including in the form of a real estate
investment trust, that is not solely intended for the personal use of
an individual.''
(c) Code of Federal Regulations.--The Federal Trade Commission,
with the concurrence of the Assistant Attorney General in charge of the
Antitrust Division of the Department of Justice and by rule, in
accordance with section 553 of title 5, United States Code, shall amend
part 802 of title 16, Code of Federal Regulations to conform with the
amendments to section 7A(a) of the Clayton Act (15 U.S.C. 18(a)) made
by this Act.
(d) Rulemaking.--The Federal Trade Commission, with the concurrence
of the Assistant Attorney General in charge of the Antitrust Division
of the Department of Justice and by rule, in accordance with section
553 of title 5, United States Code, shall issue rules relating to the
form and documentary material and information relevant to any
acquisition or aggregated acquisitions of residential property is
necessary and appropriate under section 7A(a) of the Clayton Act (15
U.S.C. 18a(a)), as amended by subsection (a), to enable the Federal
Trade Commission and the Assistant Attorney General to determine
whether such acquisition or aggregated acquisitions may violate the
antitrust laws, as defined in subsection (a) of the first section of
the Clayton Act (15 U.S.C. 12).
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