[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2148 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2148

    To prohibit owners of covered dwelling units from assessing or 
     collecting certain fees from tenants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2025

  Mr. Merkley (for himself and Mr. Sanders) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To prohibit owners of covered dwelling units from assessing or 
     collecting certain fees from tenants, 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 ``End Junk Fees for Renters Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate regulator.--The term ``appropriate 
        regulator'' means--
                    (A) the Secretary of Housing and Urban Development, 
                with respect to covered dwelling units described in--
                            (i) paragraph (2)(A);
                            (ii) paragraph (2)(B), to the extent the 
                        Federally backed mortgage loan referred to in 
                        such paragraph is described in subparagraph 
                        (A), (B), or (C) of paragraph (3); or
                            (iii) paragraph (2)(B), to the extent the 
                        Federally backed mortgage loan referred to in 
                        such paragraph is described in paragraph (4) 
                        and is made in whole or in part, or insured, 
                        guaranteed, supplemented, or assisted in any 
                        way under or in connection with a housing or 
                        urban development program administered by the 
                        Secretary of Housing and Urban Development;
                    (B) the Secretary of Veterans Affairs, with respect 
                to covered dwelling units described in paragraph 
                (2)(B), to the extent the Federally backed mortgage 
                loan referred to in such paragraph is described in--
                            (i) paragraph (3)(D); or
                            (ii) paragraph (4) and is made in whole or 
                        in part, or insured, guaranteed, supplemented, 
                        or assisted in any way, by the Secretary of 
                        Veterans Affairs or under or in connection with 
                        a housing or related program administered by 
                        Secretary of Veterans Affairs;
                    (C) the Secretary of Agriculture, with respect to 
                covered dwelling units described in paragraph (2)(B), 
                to the extent the Federally backed mortgage loan 
                referred to in such paragraph is described in--
                            (i) subparagraph (E) or (F) of paragraph 
                        (3); or
                            (ii) paragraph (4) and is made in whole or 
                        in part, or insured, guaranteed, supplemented, 
                        or assisted in any way, by the Secretary of 
                        Agriculture or under or in connection with a 
                        housing or related program administered by 
                        Secretary of Agriculture; and
                    (D) the Director of the Federal Housing Finance 
                Agency, with respect to covered dwelling units 
                described in paragraph (2)(B), to the extent the 
                Federally backed mortgage loan referred to in such 
                paragraph is described in--
                            (i) paragraph (3)(G); or
                            (ii) paragraph (4) and is purchased or 
                        securitized by the Federal Home Loan Mortgage 
                        Corporation or the Federal National Mortgage 
                        Association.
            (2) Covered dwelling unit.--The term ``covered dwelling 
        unit'' means a dwelling unit that--
                    (A) is provided assistance within the jurisdiction 
                of the Department, as defined in section 102(m) of the 
                Department of Housing and Urban Development Reform Act 
                of 1989 (42 U.S.C. 3545(m)); or
                    (B) is subject to, or is on or in a property that 
                is subject to, a Federally backed single-family 
                mortgage loan or a Federally backed multifamily 
                mortgage loan.
            (3) Federally backed single-family mortgage loan.--The term 
        ``Federally backed single-family mortgage loan'' includes any 
        loan that is secured by a first or subordinate lien on 
        residential real property (including individual units of 
        condominiums and cooperatives) designed principally for the 
        occupancy of from 1- to 4-families that is--
                    (A) insured by the Federal Housing Administration 
                under title II of the National Housing Act (12 U.S.C. 
                1707 et seq.);
                    (B) insured under section 255 of the National 
                Housing Act (12 U.S.C. 1715z-20);
                    (C) guaranteed under section 184 or 184A of the 
                Housing and Community Development Act of 1992 (12 
                U.S.C. 1715z-13a, 1715z-13b);
                    (D) guaranteed or insured by the Department of 
                Veterans Affairs;
                    (E) guaranteed or insured by the Department of 
                Agriculture;
                    (F) made by the Department of Agriculture; or
                    (G) purchased or securitized by the Federal Home 
                Loan Mortgage Corporation or the Federal National 
                Mortgage Association.
            (4) Federally backed multifamily mortgage loan.--The term 
        ``Federally backed multifamily mortgage loan'' includes any 
        loan (other than temporary financing such as a construction 
        loan) that--
                    (A) is secured by a first or subordinate lien on 
                residential multifamily real property designed 
                principally for the occupancy of 5 or more families, 
                including any such secured loan, the proceeds of which 
                are used to prepay or pay off an existing loan secured 
                by the same property; and
                    (B) is made in whole or in part, or insured, 
                guaranteed, supplemented, or assisted in any way, by 
                any officer or agency of the Federal Government or 
                under or in connection with a housing or urban 
                development program administered by the Secretary of 
                Housing and Urban Development or a housing or related 
                program administered by any other such officer or 
                agency, or is purchased or securitized by the Federal 
                Home Loan Mortgage Corporation or the Federal National 
                Mortgage Association.
            (5) Owner.--The term ``owner'' means, with respect to a 
        dwelling unit, any private person or entity, including a 
        cooperative, an agency of the Federal Government, or a public 
        housing agency, having the legal right to lease or sublease the 
        dwelling unit.

SEC. 3. RENTAL JUNK FEES.

    (a) Application Fees.--The appropriate regulator shall prohibit the 
owner of a covered dwelling unit from assessing or collecting a fee or 
charge, from any household in connection with the submission of an 
application for rental of the dwelling unit.
    (b) Tenant Screening Fees.--The appropriate regulator shall 
prohibit the owner of a covered dwelling unit from assessing to or 
collecting from any household applying to rent the dwelling unit any 
fee or charge for costs of conducting any criminal history, tenant 
screening, consumer report, or other background check of the household.
    (c) Late Fees.--The appropriate regulator shall require that owners 
of covered dwelling units--
            (1) only impose fees or charges on tenants in connection 
        with the late payment of rent for a covered dwelling unit if 
        the amount of the fee or charge is less than 3 percent of the 
        monthly rent the tenant pays for the covered dwelling unit;
            (2) only impose fees or charges on tenants in connection 
        with the late payment of rent for a covered dwelling unit if 15 
        days have elapsed since the date on which the rent was due; and
            (3) disclose the requirements imposed under paragraphs (1) 
        and (2) in any lease entered for a covered dwelling unit on or 
        after the date on which rules are issued under section 4.
    (d) Required Disclosures.--The appropriate regulator shall require 
each owner of a covered dwelling unit to disclose to the tenant before 
a lease is signed--
            (1) the total amount due each month, including any fees;
            (2) to the degree practicable, a summary of any past 
        litigation between the the owner and any former or current 
        tenants;
            (3) a description of any ongoing pest and maintenance 
        issues; and
            (4) the amount rent increase for the property in each of 
        the 10 previous years.

SEC. 4. RULEMAKING.

    Not later than 180 days after the date of enactment of this Act, 
the Bureau of Consumer Financial Protection and the Federal Trade 
Commission shall issue a rule that--
            (1) defines the term ``junk fee'' with respect to rental 
        housing; and
            (2) finds the furnishing of any information about a unpaid 
        junk fee (as such term is defined pursuant to paragraph (1)) to 
        a consumer reporting agency to be a unfair or unconscionable 
        means to collect or attempt to collect debt in violation of 
        section 808 of the Fair Debt Collection Practices Act (15 
        U.S.C. 1692f).
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