Federal Disaster Housing Stability Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3219 To provide for a moratorium on evictions from and foreclosures on residences during a major disaster or emergency, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Mrs. CHERFILUS-MCCORMICK introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for a moratorium on evictions from and fore- closures on residences during a major disaster or emer- gency, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Disaster 4 Housing Stability Act of 2023’’. 5 SEC. 2. EVICTION MORATORIUM. 6 (a) MORATORIUM.—In the case of any disaster, the 7 lessor, landlord, or owner, including any individual with 8 a legal right to pursue eviction or a possessory action, of 9 a covered dwelling that is located within the disaster area 10 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3219.IH H3219 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3219 IH with respect to such disaster may not, during the eviction 1 moratorium period with respect to such area— 2 (1) make, or cause to be made, any filing with 3 the court of jurisdiction to initiate a legal action to 4 recover possession of the covered dwelling from the 5 tenant for nonpayment of rent or other fees or 6 charges; 7 (2) charge fees, penalties, or other charges to 8 the tenant related to such nonpayment of rent; 9 (3) increase the amount charged for rental of 10 the dwelling, including by recouping such increased 11 rent through fees or charges after the conclusion of 12 such period; 13 (4) in any manner prevent the tenant of the 14 dwelling, if such tenant has temporarily relocated, 15 from returning to the dwelling and re-establishing 16 occupancy or require the tenant to be re-screened to 17 determine any eligibility for such occupancy; or 18 (5) remove or cause the removal of a tenant 19 from a covered dwelling. 20 (b) NOTICE TO VACATE.—In the case of any disaster, 21 the lessor of a covered dwelling that is located within the 22 disaster area with respect to such disaster may not— 23 (1) require the tenant to vacate the covered 24 dwelling before the date that is 30 days after the 25 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3219.IH H3219 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3219 IH date on which the lessor provides the tenant with a 1 notice to vacate; and 2 (2) issue a notice to vacate under paragraph (1) 3 until after the expiration of the eviction moratorium 4 period with respect to such area. 5 SEC. 3. FORECLOSURE MORATORIUM. 6 Except with respect to a vacant or abandoned prop- 7 erty, in the case of any disaster, a servicer of a covered 8 mortgage loan on a property located within the disaster 9 area may not, during the foreclosure moratorium period 10 with respect to such area, initiate any judicial or non-judi- 11 cial foreclosure process, schedule a foreclosure sale, move 12 for a foreclosure judgment or order of sale, or execute a 13 foreclosure-related eviction or foreclosure sale. 14 SEC. 4. DEFINITIONS. 15 For purposes of this Act, the following definitions 16 shall apply: 17 (1) COVERED DWELLING.—The term ‘‘covered 18 dwelling’’ means a dwelling that is occupied by a 19 tenant— 20 (A) pursuant to a residential lease; or 21 (B) without a lease or with a lease ter- 22 minable under State law. 23 (2) DISASTER.—The term ‘‘disaster’’ means— 24 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3219.IH H3219 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3219 IH (A) any national emergency declared by 1 the President under the National Emergencies 2 Act (50 U.S.C. 1601 et seq.); or 3 (B) any major disaster or emergency de- 4 clared by the President under the Robert T. 5 Stafford Disaster Relief and Emergency Assist- 6 ance Act (42 U.S.C. 4121 et seq.). 7 (3) DISASTER AREA.—The term ‘‘disaster area’’ 8 means, with respect to a disaster, any area that at 9 any time is subject to the declaration of such dis- 10 aster. 11 (4) DWELLING.—The term ‘‘dwelling’’— 12 (A) has the meaning given the term in sec- 13 tion 802 of the Fair Housing Act (42 U.S.C. 14 3602); and 15 (B) includes houses and dwellings de- 16 scribed in section 803(b) of such Act (42 17 U.S.C. 3603(b)). 18 (5) EVICTION MORATORIUM PERIOD.—The term 19 ‘‘eviction moratorium period’’ means, with respect to 20 a disaster area, the 120-day period that begins upon 21 the declaration by the President of the disaster that 22 such area is subject to. 23 (6) COVERED MORTGAGE LOAN.—The term 24 ‘‘covered mortgage loan’’ includes any consumer 25 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3219.IH H3219 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3219 IH credit transaction (within the meaning of such term 1 as used in the Truth in Lending Act (15 U.S.C. 2 1601 et seq.)), other than temporary financing such 3 as a construction loan, that is secured by a mort- 4 gage, deed of trust, or other consensual security in- 5 terest on a 1- to 4-unit dwelling or on residential 6 real property that includes a 1- to 4-unit dwelling 7 including individual units of condominiums and co- 8 operatives that is secured by a first or subordinate 9 lien on residential real property (including individual 10 units of condominiums and cooperatives) designed 11 principally for the occupancy of from 1 to 4 families, 12 including any such secured loan the proceeds of 13 which are used to prepay or pay off an existing loan 14 secured by the same property, but such term does 15 not include a credit transaction under an open-end 16 credit plan other than a reverse mortgage. 17 (7) FORECLOSURE MORATORIUM PERIOD.—The 18 term ‘‘foreclosure moratorium period’’ means, with 19 respect to a disaster area, the 6-month period that 20 begins upon the declaration of the disaster for which 21 such declaration was made. 22 SEC. 5. APPLICABILITY. 23 This Act shall apply with respect to any disaster for 24 which the declaration of the disaster is in effect on the 25 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3219.IH H3219 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3219 IH date of the enactment of this Act and any disaster for 1 which such declaration is made after such date of enact- 2 ment. 3 Æ VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3219.IH H3219 kjohnson on DSK79L0C42PROD with BILLS