II 

116TH CONGRESS 

2D SESSION S. 4519 

To provide mortgage relief and to provide eviction relief for renters related 

to the COVID–19 pandemic, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 10, 2020 

Ms. HARRIS introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To provide mortgage relief and to provide eviction relief 

for renters related to the COVID–19 pandemic, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rent Emergencies 

5 Leave Impacts on Evicted Families Act’’ or the ‘‘RELIEF 

6 Act’’. 

7 SEC. 2. MORTGAGE RELIEF. 

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

9 ‘‘COVID–19 Mortgage Relief Act’’. 

10 (b) MORTGAGE RELIEF.— 


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1 (1) FORBEARANCE AND FORECLOSURE MORA2 TORIUM FOR COVERED MORTGAGE LOANS.—Section 

3 4022 of the CARES Act (15 U.S.C. 9056) is 

4 amended— 

5 (A) by striking ‘‘Federally backed mort6 gage loan’’ each place such term appears and 

7 inserting ‘‘covered mortgage loan’’; and 

8 (B) in subsection (a)— 

9 (i) by amending paragraph (2) to read 

10 as follows: 

11 ‘‘(2) COVERED MORTGAGE LOAN.—The term 

12 ‘covered mortgage loan’— 

13 ‘‘(A) means any credit transaction that is 

14 secured by a mortgage, deed of trust, or other 

15 equivalent consensual security interest on— 

16 ‘‘(i) a 1- to 4-unit dwelling or on resi17 dential real property that includes a 1- to 

18 4-unit dwelling; 

19 ‘‘(ii) a manufactured home; or 

20 ‘‘(iii) a covered recreational vehicle; 

21 and 

22 ‘‘(B) does not include a credit transaction 

23 under an open end credit plan other than a re24 verse mortgage.’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(3) COVERED PERIOD.—The term ‘covered pe4 riod’ means the 12-month period beginning on the 

5 date of enactment of this Act. 

6 ‘‘(4) COVERED RECREATIONAL VEHICLE.—The 

7 term ‘‘ ‘covered recreational vehicle’ ’’ means a rec8 reational vehicle that is— 

9 ‘‘(A) rented or leased to a tenant by the 

10 owner; and 

11 ‘‘(B) occupied by the tenant as the resi12 dence of the tenant. 

13 ‘‘(5) MANUFACTURED HOME.—The term ‘man14 ufactured home’ has the meaning given the term in 

15 section 603 of the National Manufactured Housing 

16 Construction and Safety Standards Act of 1974 (42 

17 U.S.C. 5402).’’. 

18 (2) AUTOMATIC FORBEARANCE FOR DELIN19 QUENT BORROWERS.—Section 4022(c) of the 

20 CARES Act (15 U.S.C. 9056(c)) is amended by in21 serting after paragraph (8), as added by paragraph 

22 (5) of this subsection, the following: 

23 ‘‘(9) AUTOMATIC FORBEARANCE FOR DELIN24 QUENT BORROWERS.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other law governing forbearance relief— 

3 ‘‘(i) any borrower whose covered mort4 gage loan became 60 days delinquent be5 tween March 13, 2020, and the date of en6 actment of this paragraph, and who has 

7 not already received a forbearance under 

8 subsection (b), shall automatically be 

9 granted a 60-day forbearance that begins 

10 on the date of enactment of this para11 graph, provided that a borrower shall not 

12 be considered delinquent for purposes of 

13 this paragraph while making timely pay14 ments or otherwise performing under a 

15 trial modification or other loss mitigation 

16 agreement; and 

17 ‘‘(ii) any borrower whose covered 

18 mortgage loan becomes 60 days delinquent 

19 between the date of enactment of this 

20 paragraph and the end of the covered pe21 riod, and who has not already received a 

22 forbearance under subsection (b), shall 

23 automatically be granted a 60-day forbear24 ance that begins on the 60th day of delin25 quency, provided that a borrower shall not 


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1 be considered delinquent for purposes of 

2 this paragraph while making timely pay3 ments or otherwise performing under a 

4 trial modification or other loss mitigation 

5 agreement. 

6 ‘‘(B) INITIAL EXTENSION.—An automatic 

7 forbearance provided under subparagraph (A) 

8 shall be extended for up to an additional 120 

9 days upon the request of the borrower, oral or 

10 written, submitted to the servicer of the bor11 rower affirming that the borrower is experi12 encing a financial hardship that prevents the 

13 borrower from making timely payments on the 

14 covered mortgage loan due, directly or indi15 rectly, to the COVID–19 emergency. 

16 ‘‘(C) SUBSEQUENT EXTENSION.—A for17 bearance extended under subparagraph (B) 

18 shall be extended for up to an additional 180 

19 days, up to a maximum of 360 days (including 

20 the period of automatic forbearance), upon the 

21 borrower’s request, oral or written, submitted to 

22 the borrower’s servicer affirming that the bor23 rower is experiencing a financial hardship that 

24 prevents the borrower from making timely pay25 ments on the covered mortgage loan due, diVerDate Sep 11 2014 03:34 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4519.IS S4519

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1 rectly or indirectly, to the COVID–19 emer2 gency. 

3 ‘‘(D) RIGHT TO ELECT TO CONTINUE MAK4 ING PAYMENTS.— 

5 ‘‘(i) IN GENERAL.—With respect to a 

6 forbearance provided under this paragraph, 

7 the borrower of the covered mortgage loan 

8 may elect to continue making regular pay9 ments on the covered mortgage loan. 

10 ‘‘(ii) LOSS MITIGATION.—A borrower 

11 who makes an election described in clause 

12 (i) shall be offered a loss mitigation option 

13 pursuant to subsection (d) within 30 days 

14 of resuming regular payments to address 

15 any payment deficiency during the forbear16 ance. 

17 ‘‘(E) RIGHT TO SHORTEN FORBEAR18 ANCE.— 

19 ‘‘(i) IN GENERAL.—At the request of 

20 a borrower, any period of forbearance pro21 vided to the borrower under this paragraph 

22 may be shortened. 

23 ‘‘(ii) LOSS MITIGATION.—A borrower 

24 who makes a request under clause (i) shall 

25 be offered a loss mitigation option pursuVerDate Sep 11 2014 03:34 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4519.IS S4519

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1 ant to subsection (d) within 30 days of re2 suming regular payments to address any 

3 payment deficiency during the forbearance. 

4 ‘‘(10) AUTOMATIC FORBEARANCE FOR CERTAIN

5 REVERSE MORTGAGE LOANS.— 

6 ‘‘(A) IN GENERAL.—When any covered 

7 mortgage loan that is also a federally insured 

8 reverse mortgage loan, during the covered pe9 riod, is due and payable due to the death of the 

10 last borrower or end of a deferral period or eli11 gible to be called due and payable due to a 

12 property charge default, or if the borrower de13 faults on a property charge repayment plan, or 

14 if the borrower defaults for failure to complete 

15 property repairs, or if an obligation of the bor16 rower under the Security Instrument is not per17 formed, the mortgagee automatically shall be 

18 granted a 6-month extension of— 

19 ‘‘(i) the mortgagee’s deadline to re20 quest due and payable status from the De21 partment of Housing and Urban Develop22 ment; 

23 ‘‘(ii) the mortgagee’s deadline to send 

24 notification to the mortgagor or his or her 

25 heirs that the loan is due and payable; 


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1 ‘‘(iii) the deadline to initiate fore2 closure; 

3 ‘‘(iv) any reasonable diligence period 

4 related to foreclosure or the Mortgagee Op5 tional Election; 

6 ‘‘(v) if applicable, the deadline to ob7 tain the due and payable appraisal; and 

8 ‘‘(vi) any claim submission deadline, 

9 including the 6-month acquired property 

10 marketing period. 

11 ‘‘(B) FORBEARANCE PERIOD.—The mort12 gagee shall not request due and payable status 

13 from the Secretary of Housing and Urban De14 velopment nor initiate foreclosure during this 6- 

15 month period described in subparagraph (A), 

16 which shall be considered a forbearance period. 

17 ‘‘(C) EXTENSION.—A forbearance provided 

18 under subparagraph (B) and related deadline 

19 extension authorized under subparagraph (A) 

20 shall be extended for an additional 180 days 

21 upon— 

22 ‘‘(i) the request of the borrower, oral 

23 or written, submitted to the servicer o the 

24 borrower affirming that the borrower is ex25 periencing a financial hardship that preVerDate Sep 11 2014 03:34 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4519.IS S4519

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1 vents the borrower from making payments 

2 on property charges, completing property 

3 repairs, or performing an obligation of the 

4 borrower under the Security Instrument 

5 due, directly or indirectly, to the COVID– 

6 19 emergency; 

7 ‘‘(ii) the request of a non-borrowing 

8 spouse, oral or written, submitted to the 

9 servicer affirming that the non-borrowing 

10 spouse has been unable to satisfy all cri11 teria for the Mortgagee Optional Election 

12 program due, directly or indirectly, to the 

13 COVID–19 emergency, or to perform all 

14 actions necessary to become an eligible 

15 non-borrowing spouse following the death 

16 of all borrowers; or 

17 ‘‘(iii) the request of a successor-in-in18 terest of the borrower, oral or written, sub19 mitted to the servicer affirming the dif20 ficulty of the heir in satisfying the reverse 

21 mortgage loan due, directly or indirectly, 

22 to the COVID–19 emergency. 

23 ‘‘(D) CURTAILMENT OF DEBENTURE IN24 TEREST.—Where any covered mortgage loan 

25 that is also a federally insured reverse mortgage 


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1 loan is in default during the covered period and 

2 subject to a prior event which provides for cur3 tailment of debenture interest in connection 

4 with a claim for insurance benefits, the curtail5 ment of debenture interest shall be suspended 

6 during any forbearance period provided here7 in.’’. 

8 (3) ADDITIONAL FORECLOSURE AND REPOSSES9 SION PROTECTIONS.—Section 4022(c) of the 

10 CARES Act (15 U.S.C. 9056(c)) is amended— 

11 (A) in paragraph (2), by striking ‘‘may not 

12 initiate any judicial or non-judicial foreclosure 

13 process, move for a foreclosure judgment or 

14 order of sale, or execute a foreclosure-related 

15 eviction or foreclosure sale for not less than the 

16 60-day period beginning on March 18, 2020’’ 

17 and inserting ‘‘may not initiate or proceed with 

18 any judicial or non-judicial foreclosure process, 

19 schedule a foreclosure sale, move for a fore20 closure judgment or order of sale, execute a 

21 foreclosure related eviction or foreclosure sale 

22 for 6 months after the date of enactment of the 

23 COVID–19 Mortgage Relief Act’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(3) REPOSSESSION MORATORIUM.—In the case 

2 of personal property, including any recreational or 

3 motor vehicle, used as a dwelling, no person may use 

4 any judicial or non-judicial procedure to repossess or 

5 otherwise take possession of the property for the 6- 

6 month period beginning on the date of enactment of 

7 this paragraph.’’. 

8 (4) MORTGAGE FORBEARANCE REFORMS.—Sec9 tion 4022 of the CARES Act (15 U.S.C. 9056) is 

10 amended— 

11 (A) in subsection (b), by striking para12 graphs (1), (2), and (3) and inserting the fol13 lowing: 

14 ‘‘(1) IN GENERAL.—During the covered period, 

15 a borrower with a covered mortgage loan who has 

16 not obtained automatic forbearance pursuant to this 

17 section and who is experiencing a financial hardship 

18 that prevents the borrower from making timely pay19 ments on the covered mortgage loan due, directly or 

20 indirectly, to the COVID–19 emergency may request 

21 forbearance on the covered mortgage loan, regard22 less of delinquency status, by— 

23 ‘‘(A) submitting a request, orally or in 

24 writing, to the servicer of the covered mortgage 

25 loan; and 


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1 ‘‘(B) affirming that the borrower is experi2 encing a financial hardship that prevents the 

3 borrower from making timely payments on the 

4 covered mortgage loan due, directly or indi5 rectly, to the COVID–19 emergency. 

6 ‘‘(2) DURATION OF FORBEARANCE.— 

7 ‘‘(A) IN GENERAL.—Upon a request by a 

8 borrower to a servicer for forbearance under 

9 paragraph (1), the forbearance shall be granted 

10 by the servicer for the period requested by the 

11 borrower, up to an initial length not more than 

12 180 days, the length of which shall be extended 

13 by the servicer, at the request of the borrower 

14 for the period or periods requested, for a total 

15 forbearance period of not more than 12 months. 

16 ‘‘(B) MINIMUM FORBEARANCE

17 AMOUNTS.—For purposes of granting a forbear18 ance under this paragraph, a servicer may 

19 grant an initial forbearance with a term of not 

20 less than 90 days, provided that it is automati21 cally extended for an additional 90 days unless 

22 the servicer confirms the borrower does not 

23 want to renew the forbearance or that the bor24 rower is no longer experiencing a financial 

25 hardship that prevents the borrower from makVerDate Sep 11 2014 03:34 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4519.IS S4519

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1 ing timely mortgage payments due, directly or 

2 indirectly, to the COVID–19 emergency. 

3 ‘‘(C) RIGHT TO SHORTEN FORBEAR4 ANCE.— 

5 ‘‘(i) IN GENERAL.—At the request of 

6 a borrower, any period of forbearance de7 scribed under this paragraph may be 

8 shortened. 

9 ‘‘(ii) LOSS MITIGATION.—A borrower 

10 who makes a request under clause (i) shall 

11 be offered a loss mitigation option pursu12 ant to subsection (d) within 30 days of re13 suming regular payments to address any 

14 payment deficiency during the forbearance. 

15 ‘‘(3) ACCRUAL OF INTEREST OR FEES.—A 

16 servicer shall not charge a borrower any fees, pen17 alties, or interest (beyond the amounts scheduled or 

18 calculated as if the borrower made all contractual 

19 payments on time and in full under the terms of the 

20 mortgage contract) in connection with a forbearance, 

21 provided that a servicer may offer the borrower a 

22 modification option at the end of a forbearance pe23 riod granted hereunder that includes the capitaliza24 tion of past due principal and interest and escrow 

25 payments as long as the principal and interest payVerDate Sep 11 2014 03:34 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4519.IS S4519

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1 ment of the borrower under such modification re2 mains at or below the contractual principal and in3 terest payments owed under the terms of the mort4 gage contract before such forbearance period except 

5 as the result of a change in the index of an adjust6 able rate mortgage. 

7 ‘‘(4) COMMUNICATION WITH SERVICERS.—Any 

8 communication between a borrower and a servicer 

9 described in this section may be made in writing or 

10 orally, at the election of the borrower. 

11 ‘‘(5) COMMUNICATION WITH BORROWERS WITH

12 A DISABILITY.— 

13 ‘‘(A) IN GENERAL.—Upon request from a 

14 borrower, servicers shall communicate with bor15 rowers who have a disability in the preferred 

16 method of communication of the borrower. 

17 ‘‘(B) DEFINITION.—In this paragraph, the 

18 term ‘disability’ has the meaning given the 

19 term— 

20 ‘‘(i) ‘handicap’ in section 802 of the 

21 Fair Housing Act (42 U.S.C. 3602); 

22 ‘‘(ii) in section 3 of the Americans 

23 with Disabilities Act of 1990 (42 U.S.C. 

24 12102); or 


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1 ‘‘(iii) section 7 of the Rehabilitation 

2 Act of 1973 (29 U.S.C. 705.’’; and 

3 (B) in subsection (c), by amending para4 graph (1) to read as follows: 

5 ‘‘(1) NO DOCUMENTATION REQUIRED.—A 

6 servicer of a covered mortgage loan shall not require 

7 any documentation with respect to a forbearance 

8 under this section other than the oral or written af9 firmation of the borrower to a financial hardship 

10 that prevents the borrower from making timely pay11 ments on the covered mortgage loan due, directly or 

12 indirectly, to the COVID–19 emergency. An oral re13 quest for forbearance and oral affirmation of hard14 ship by the borrower shall be sufficient for the bor15 rower to obtain or extend a forbearance.’’. 

16 (5) OTHER SERVICER REQUIREMENTS DURING

17 FORBEARANCE.—Section 4022(c) of the CARES Act 

18 (15 U.S.C. 9056(c)), as amended by paragraph (3) 

19 of this subsection, is amended by adding at the end 

20 the following: 

21 ‘‘(4) FORBEARANCE TERMS NOTICE.—Within 

22 30 days of a servicer of a covered mortgage loan 

23 providing forbearance to a borrower under sub24 section (b) or paragraph (9) or (10), or 10 days if 

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


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1 but only where the forbearance was provided in re2 sponse to a request by the borrower for forbearance 

3 or when an automatic forbearance was initially pro4 vided under paragraph (9) or (10), and not when an 

5 existing forbearance is automatically extended, the 

6 servicer shall provide the borrower with a notice in 

7 accordance with the terms in paragraph (5). 

8 ‘‘(5) CONTENTS OF NOTICE.—The written no9 tice required under paragraph (4) shall state in 

10 plain language— 

11 ‘‘(A) the specific terms of the forbearance; 

12 ‘‘(B) the beginning and ending dates of the 

13 forbearance; 

14 ‘‘(C) that the borrower is eligible for not 

15 more than 12 months of forbearance; 

16 ‘‘(D) that the borrower may request an ex17 tension of the forbearance unless the borrower 

18 will have reached the maximum period at the 

19 end of the forbearance; 

20 ‘‘(E) that the borrower may request that 

21 the initial or extended period be shortened at 

22 any time; 

23 ‘‘(F) that the borrower should contact the 

24 servicer before the end of the forbearance pe25 riod; 


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1 ‘‘(G) a description of the loss mitigation 

2 options that may be available to the borrower at 

3 the end of the forbearance period based on the 

4 specific covered mortgage loan of the borrower; 

5 ‘‘(H) information on how to find a housing 

6 counseling agency approved by the Department 

7 of Housing and Urban Development; 

8 ‘‘(I) in the case of a forbearance provided 

9 pursuant to paragraph (9) or (10), that the for10 bearance was automatically provided and how 

11 to contact the servicer to make arrangements 

12 for further assistance, including any renewal; 

13 and 

14 ‘‘(J) where applicable, that the forbearance 

15 is subject to an automatic extension, including 

16 the terms of any such automatic extensions and 

17 when any further extension would require a bor18 rower request. 

19 ‘‘(6) TREATMENT OF ESCROW ACCOUNTS.— 

20 During any forbearance provided under this section, 

21 a servicer shall pay or advance funds to make dis22 bursements in a timely manner from any escrow ac23 count established on the covered mortgage loan. 

24 ‘‘(7) NOTIFICATION FOR BORROWERS.—During 

25 the period beginning on the date that is 90 days 


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1 after the date of the enactment of this paragraph 

2 and ending on the last day of the covered period, 

3 each servicer of a covered mortgage loan shall be re4 quired to— 

5 ‘‘(A) make available in a clear and con6 spicuous manner on their web page accurate in7 formation, in English and in the top 10 most 

8 widely spoken languages used by limited 

9 English proficient borrowers, for borrowers re10 garding the availability of forbearance as pro11 vided under subsection (b); and 

12 ‘‘(B) notify every borrower whose pay13 ments on a covered mortgage loan are delin14 quent in any oral communication with or to the 

15 borrower that the borrower may be eligible to 

16 request forbearance as provided under sub17 section (b), except that such notice shall not be 

18 required if the borrower already has requested 

19 forbearance under subsection (b). 

20 ‘‘(8) CERTAIN TREATMENT UNDER RESPA.—As 

21 long as a payment of a borrower on a covered mort22 gage loan was not more than 30 days delinquent on 

23 March 13, 2020, a servicer may not deem the bor24 rower as delinquent while a forbearance granted 

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


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1 application of sections 6 and 10 of the Real Estate 

2 Settlement Procedures Act (12 U.S.C. 2605, 2609) 

3 and any applicable regulations.’’. 

4 (6) POST-FORBEARANCE LOSS MITIGATION.— 

5 (A) AMENDMENT TO CARES ACT.—Section 

6 4022 of the CARES Act (15 U.S.C. 9056) is 

7 amended by adding at the end the following: 

8 ‘‘(d) POST-FORBEARANCE LOSS MITIGATION.— 

9 ‘‘(1) NOTICE OF AVAILABILITY OF ADDITIONAL

10 FORBEARANCE.—With respect to any covered mort11 gage loan as to which forbearance under this section 

12 has been granted and not otherwise extended, in13 cluding by automatic extension, a servicer shall, not 

14 later than 30 days before the end of the forbearance 

15 period, in writing, notify the borrower that addi16 tional forbearance may be available and how to re17 quest such forbearance, except that no such notice 

18 is required where the borrower already has requested 

19 an extension of the forbearance period, is subject to 

20 automatic extension pursuant to subsection 

21 (b)(2)(B), or no additional forbearance is available. 

22 ‘‘(2) LOSS MITIGATION OFFER BEFORE EXPIRA23 TION OF FORBEARANCE.—Not later than 30 days 

24 before the end of any forbearance period that has 

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


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1 consumer to terminate the forbearance, which time 

2 shall be before the servicer initiates or engages in 

3 any foreclosure activity listed in subsection (c)(2), 

4 including incurring or charging to a borrower any 

5 fees or corporate advances related to a foreclosure, 

6 the servicer shall, in writing— 

7 ‘‘(A) offer the borrower a loss mitigation 

8 option, without the charging of any fees or pen9 alties other than interest, such that the prin10 cipal and interest payment of the borrower re11 mains the same as it was prior to the forbear12 ance, subject to any adjustment of the index 

13 pursuant to the terms of an adjustable rate 

14 mortgage, and that— 

15 ‘‘(i) defers the payment of total ar16 rearages, including any escrow advances, 

17 to the end of the existing term of the loan, 

18 without the charging or collection of any 

19 additional interest on the deferred 

20 amounts; or 

21 ‘‘(ii) extends the term of the mortgage 

22 loan, and capitalizes, defers, or forgives all 

23 escrow advances and other arrearages, 

24 provided, however, that the servicer may offer 

25 the borrower a loss mitigation option that reVerDate Sep 11 2014 03:34 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4519.IS S4519

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1 duces the principal and interest payment on the 

2 loan and capitalizes, defers, or forgives all es3 crow advances or arrearages if the servicer has 

4 information indicating that the borrower cannot 

5 resume the pre-forbearance mortgage payments; 

6 and 

7 ‘‘(B) concurrent with the loss mitigation 

8 offer in subparagraph (A), notify the borrower 

9 that the borrower has the right to be evaluated 

10 for other loss mitigation options if the borrower 

11 is not able to make the payment under the op12 tion offered in subparagraph (A). 

13 ‘‘(3) EVALUATION FOR LOSS MITIGATION PRIOR

14 TO FORECLOSURE INITIATION.—Before a servicer 

15 may initiate or engage in any foreclosure activity 

16 listed in subsection (c)(2), including incurring or 

17 charging to a borrower any fees or corporate ad18 vances related to a foreclosure on the basis that the 

19 borrower has failed to perform under the loss miti20 gation offer in paragraph (2)(A) within the first 90 

21 days after the option is offered, including a failure 

22 to accept the loss mitigation offer in paragraph 

23 (2)(A), the servicer shall— 


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1 ‘‘(A) unless the borrower has already sub2 mitted a complete application that the servicer 

3 is reviewing— 

4 ‘‘(i) notify the borrower in writing of 

5 the documents and information, if any, 

6 needed by the servicer to enable the 

7 servicer to consider the borrower for all 

8 available loss mitigation options; and 

9 ‘‘(ii) exercise reasonable diligence to 

10 obtain the documents and information 

11 needed to complete the loss mitigation ap12 plication of the borrower; and 

13 ‘‘(B) upon receipt of a complete applica14 tion or if, despite the exercise by the servicer of 

15 reasonable diligence, the loss mitigation applica16 tion remains incomplete 60 days after the no17 tice in paragraph (2)(A) is sent— 

18 ‘‘(i) conduct an evaluation of the com19 plete or incomplete loss mitigation applica20 tion without reference to whether the bor21 rower has previously submitted a complete 

22 loss mitigation application; and 

23 ‘‘(ii) offer the borrower all available 

24 loss mitigation options for which the bor25 rower qualifies under applicable investor 


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1 guidelines, including guidelines regarding 

2 required documentation. 

3 ‘‘(4) EFFECT ON FUTURE REQUESTS FOR LOSS

4 MITIGATION REVIEW.—An application, offer, or eval5 uation for loss mitigation under this section shall 

6 not be the basis for the denial of an application of 

7 a borrower as duplicative or for a reduction in the 

8 appeal rights of the borrower under Regulation X in 

9 part 1024 of title 12, Code of Federal Regulations, 

10 in regard to any loss mitigation application sub11 mitted after the servicer has complied with the re12 quirements of paragraphs (2) and (3). 

13 ‘‘(5) SAFE HARBOR.—Any loss mitigation op14 tion authorized by the Federal National Mortgage 

15 Association, the Federal Home Loan Corporation, or 

16 the Federal Housing Administration shall be deemed 

17 to comply with the requirements of paragraph 

18 (1)(B) if the loss mitigation option— 

19 ‘‘(A) defers the payment of total arrear20 ages, including any escrow advances, to the end 

21 of the existing term of the loan, without the 

22 charging or collection of any additional interest 

23 on the deferred amounts; or 

24 ‘‘(B) extends the term of the mortgage 

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1 crow advances and other arrearages, without 

2 the charging of any fees or penalties beyond in3 terest on any amount capitalized into the loan 

4 principal. 

5 ‘‘(6) HOME RETENTION OPTIONS FOR CERTAIN

6 REVERSE MORTGAGE LOANS.— 

7 ‘‘(A) IN GENERAL.—For a covered mort8 gage loan that is also a federally insured re9 verse mortgage loan, the conduct of a servicer 

10 shall be deemed to comply with this section, 

11 provided that if the loan is eligible to be called 

12 due and payable due to a property charge de13 fault, the mortgagee shall, as a precondition to 

14 sending a due and payable request to the Sec15 retary or initiating or continuing a foreclosure 

16 process— 

17 ‘‘(i) make a good faith effort to com18 municate with the borrower regarding 

19 available home retention options to cure 

20 the property charge default, including en21 couraging the borrower to apply for home 

22 retention options; and 

23 ‘‘(ii) consider the borrower for all 

24 available home retention options as allowed 

25 by the Secretary. 


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•S 4519 IS

1 ‘‘(B) PERMISSIBLE REPAYMENT PLANS.— 

2 The Secretary shall amend the allowable home 

3 retention options of the Secretary to permit a 

4 repayment plan of not more than 120 months 

5 in length, and to permit a repayment plan with6 out regard to prior defaults on repayment 

7 plans. 

8 ‘‘(C) LIMITATION ON INTEREST CURTAIL9 MENT.—The Secretary may not curtail interest 

10 paid to mortgagees who engage in loss mitiga11 tion or home retention actions through interest 

12 curtailment during such loss mitigation or home 

13 retention review or during the period when a 

14 loss mitigation or home retention plan is in ef15 fect and ending 90 days after any such plan 

16 terminates.’’. 

17 (B) AMENDMENT TO HOUSING ACT OF

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

19 (42 U.S.C. 1475) is amended— 

20 (i) by striking the section heading and 

21 inserting ‘‘LOSS MITIGATION AND FORE22 CLOSURE PROCEDURES’’; 

23 (ii) in subsection (a), by striking the 

24 section designation and all that follows 


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•S 4519 IS

1 through ‘‘During any’’ and inserting the 

2 following: 

3 ‘‘SEC. 505. (a) MORATORIUM.—(1) In determining 

4 the eligibility of a borrower for relief eligibility for relief, 

5 the Secretary shall make all eligibility decisions based on 

6 the household income, expenses, and circumstances of the 

7 borrower. 

8 ‘‘(2) During any’’; 

9 (iii) by redesignating subsection (b) as 

10 subsection (c); and 

11 (iv) by inserting after subsection (a) 

12 the following: 

13 ‘‘(b) LOAN MODIFICATION.—(1) Notwithstanding 

14 any other provision of this title, for any loan made under 

15 section 502 or 504, the Secretary may modify the interest 

16 rate and extend the term of such loan for up to 30 years 

17 from the date of such modification. 

18 ‘‘(2) At the end of any moratorium period granted 

19 under this section or under the COVID–19 Mortgage Re20 lief Act, the Secretary shall determine whether the bor21 rower can reasonably resume making principal and inter22 est payments after the Secretary modifies the loan obliga23 tion of the borrower obligations in accordance with para24 graph (1).’’. 


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•S 4519 IS

1 (7) MULTIFAMILY MORTGAGE FORBEARANCE.— 

2 Section 4023 of the CARES Act (15 U.S.C. 9057) 

3 is amended— 

4 (A) in the section heading, by striking 

5 ‘‘FEDERALLY BACKED LOANS’’; 

6 (B) by striking ‘‘Federally backed multi7 family mortgage loan’’ each place that term ap8 pears and inserting ‘‘multifamily mortgage 

9 loan’’; 

10 (C) in subsection (b), by striking ‘‘during’’ 

11 and inserting ‘‘due, directly or indirectly, to’’; 

12 (D) in subsection (c)(1)— 

13 (i) in subparagraph (A), by adding 

14 ‘‘and’’ at the end; and 

15 (ii) by striking subparagraphs (B) and 

16 (C) and inserting the following: 

17 ‘‘(B) provide the forbearance for up to the 

18 end of the period described in section 

19 4024(b).’’; 

20 (E) by redesignating subsection (f) as sub21 section (g); 

22 (F) by inserting after subsection (e) the 

23 following: 

24 ‘‘(f) TREATMENT AFTER FORBEARANCE.— 


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1 ‘‘(1) IN GENERAL.—With respect to a multi2 family mortgage loan provided a forbearance under 

3 this section, the servicer of the loan— 

4 ‘‘(A) shall provide the borrower with a 12- 

5 month period beginning at the end of the for6 bearance to become current on the payments 

7 under the loan; 

8 ‘‘(B) may not charge any late fees, pen9 alties, or other charges with respect to pay10 ments on the loan that were due during the for11 bearance period, if the payments are made be12 fore the end of the 12-month period; and 

13 ‘‘(C) may not report any adverse informa14 tion to a credit rating agency (as defined in sec15 tion 603 of the Fair Credit Reporting Act (12 

16 U.S.C. 1681a)) with respect to any payments 

17 on the loan that were due during the forbear18 ance period, if the payments are made before 

19 the end of the 12-month period. 

20 ‘‘(2) PENALTY.—A violation of paragraph 

21 (1)(C) shall be treated as a violation of the Fair 

22 Credit Reporting Act (15 U.S.C. 1601 et seq.) for 

23 purposes of subsections (a) and (b) of section 621 

24 of that Act (15 U.S.C. 1681s) (relating to adminis25 trative enforcement by Federal agencies).’’; and 


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•S 4519 IS

1 (G) in subsection (g), as so redesignated— 

2 (i) in paragraph (2)— 

3 (I) in the paragraph heading, by 

4 striking ‘‘FEDERALLY BACKED MULTI5 FAMILY’’ and inserting ‘‘MULTI6 FAMILY’’; 

7 (II) by striking ‘‘that—’’ and all 

8 that follows through ‘‘(A) is secured 

9 by’’ and inserting ‘‘that is secured 

10 by’’; 

11 (III) by striking ‘‘; and’’ and in12 serting a period; and 

13 (IV) by striking subparagraph 

14 (B); and 

15 (ii) by amending paragraph (5) to 

16 read as follows: 

17 ‘‘(5) COVERED PERIOD.—The term ‘covered pe18 riod’ has the meaning given the term in section 

19 4022(a)(3).’’. 

20 (8) RENTER PROTECTIONS DURING FORBEAR21 ANCE PERIOD.—A borrower that receives a forbear22 ance pursuant to section 4022 or 4023 of the 

23 CARES Act (15 U.S.C. 9056 or 9057) may not, for 

24 the duration of the forbearance— 


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•S 4519 IS

1 (A) evict, initiate, or file and execute the 

2 eviction of a tenant solely for nonpayment of 

3 rent or other fees or charges; or 

4 (B) charge any late fees, penalties, or 

5 other charges to a tenant for late payment of 

6 rent. 

7 (9) EXTENSION OF GSE PATCH.— 

8 (A) NON-APPLICABILITY OF EXISTING

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

10 12, Code of Federal Regulations, shall have no 

11 force or effect. 

12 (B) EXTENDED SUNSET.—The special 

13 rules in section 1026.43(e)(4) of title 12, Code 

14 of Federal Regulations, shall apply to covered 

15 transactions consummated prior to June 1, 

16 2022, or such later date as the Director of the 

17 Bureau of Consumer Financial Protection may 

18 determine, by rule. 

19 (10) SERVICER SAFE HARBOR FROM INVESTOR

20 LIABILITY.— 

21 (A) SAFE HARBOR.— 

22 (i) IN GENERAL.—A servicer of cov23 ered mortgage loans or multifamily mort24 gage loans— 


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•S 4519 IS

1 (I) shall be deemed not to have 

2 violated any duty or contractual obli3 gation owed to investors or other par4 ties regarding those mortgage loans 

5 on account of offering or imple6 menting in good faith forbearance 

7 during the covered period or offering 

8 or implementing in good faith post9 forbearance loss mitigation (including 

10 after the expiration of the covered pe11 riod) in accordance with the terms of 

12 sections 4022 and 4023 of the 

13 CARES Act (15 U.S.C. 9056, 9057) 

14 to borrowers, respectively, on covered 

15 or multifamily mortgage loans that 

16 the servicer services; and 

17 (II) shall not be liable to any 

18 party who is owed such a duty or obli19 gation or subject to any injunction, 

20 stay, or other equitable relief to such 

21 party on account of such offer or im22 plementation of forbearance or post23 forbearance loss mitigation. 

24 (ii) OTHER PERSONS.—Any person, 

25 including a trustee of a securitization vehiVerDate Sep 11 2014 03:34 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4519.IS S4519

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•S 4519 IS

1 cle or other party involved in a 

2 securitization or other investment vehicle, 

3 who in good faith cooperates with a 

4 servicer of covered or multifamily mortgage 

5 loans held by that securitization or invest6 ment vehicle to comply with the terms of 

7 section 4022 and 4023 of the CARES Act 

8 (15 U.S.C. 9056, 9057), respectively, to 

9 borrowers on covered or multifamily mort10 gage loans owned by the securitization or 

11 other investment vehicle shall not be liable 

12 to any party who is owed such a duty or 

13 obligation or subject to any injunction, 

14 stay, or other equitable relief to such party 

15 on account of the cooperation of the 

16 servicer with an offer or implementation of 

17 forbearance during the covered period or 

18 post-forbearance loss mitigation, including 

19 after the expiration of the covered period. 

20 (B) STANDARD INDUSTRY PRACTICE.— 

21 During the covered period, notwithstanding any 

22 contractual restrictions, it is deemed to be 

23 standard industry practice for a servicer to 

24 offer forbearance or loss mitigation options in 

25 accordance with the terms of sections 4022 and 


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•S 4519 IS

1 4023 of the CARES Act (15 U.S.C. 9056, 

2 9057) to borrowers, respectively, on all covered 

3 or multifamily mortgage loans serviced by the 

4 servicer. 

5 (C) RULE OF CONSTRUCTION.—Nothing in 

6 this paragraph may be construed as affecting 

7 the liability of a servicer or other person for ac8 tual fraud in the servicing of a mortgage loan 

9 or for the violation of a State or Federal law. 

10 (D) DEFINITIONS.—In this paragraph: 

11 (i) COVERED MORTGAGE LOAN.—The 

12 term ‘‘covered mortgage loan’’ has the 

13 meaning given the term in section 4022(a) 

14 of the CARES Act (15 U.S.C. 9056(a)). 

15 (ii) COVERED PERIOD.—The term 

16 ‘‘covered period’’ has the meaning given 

17 that term in section 4023(g) of the 

18 CARES Act (15 U.S.C. 9057(g)). 

19 (iii) MULTIFAMILY MORTGAGE

20 LOAN.—The term ‘‘multifamily mortgage 

21 loan’’ has the meaning given the term in 

22 section 4023(g) of the CARES Act (15 

23 U.S.C. 9057(g)). 

24 (iv) SERVICER.—The term 

25 ‘‘servicer’’— 


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•S 4519 IS

1 (I) has the meaning given the 

2 term in section 6(i) of the Real Estate 

3 Settlement Procedures Act of 1974 

4 (12 U.S.C. 2605(i)); and 

5 (II) means a master servicer and 

6 a subservicer, as those terms are de7 fined in section 1024.31 of title 12, 

8 Code of Federal Regulations. 

9 (v) SECURITIZATION VEHICLE.—The 

10 term ‘‘securitization vehicle’’ has the 

11 meaning given that term in section 

12 129A(f) of the Truth in Lending Act (15 

13 U.S.C. 1639a(f)). 

14 (11) AMENDMENTS TO NATIONAL HOUSING

15 ACT.—Section 306(g)(1) of the National Housing 

16 Act (12 U.S.C. 1721(g)(1)) is amended— 

17 (A) in the fifth sentence, by inserting after 

18 ‘‘issued’’ the following: ‘‘, subject to any pledge 

19 or grant of security interest of the Federal Re20 serve under section 4003(a) of the CARES Act 

21 (15 U.S.C. 9042(a)) and to any such mortgage 

22 or mortgages or any interest therein and the 

23 proceeds thereon, which the Association may 

24 elect to approve’’; and 

25 (B) in the sixth sentence— 


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•S 4519 IS

1 (i) by striking ‘‘or (C)’’ and inserting 

2 ‘‘(C)’’; and 

3 (ii) by inserting before the period the 

4 following: ‘‘, or (D) its approval and hon5 oring of any pledge or grant of security in6 terest of the Federal Reserve under section 

7 4003(a) of the CARES Act (15 U.S.C. 

8 9042(a)) and to any such mortgage or 

9 mortgages or any interest therein and pro10 ceeds thereon.’’. 

11 (12) BANKRUPTCY PROTECTIONS.— 

12 (A) BANKRUPTCY PROTECTIONS FOR FED13 ERAL CORONAVIRUS RELIEF PAYMENTS.—Sec14 tion 541(b) of title 11, United States Code, is 

15 amended— 

16 (i) in paragraph (9), in the matter fol17 lowing subparagraph (B), by striking ‘‘or’’; 

18 (ii) in paragraph (10)(C), by striking 

19 the period at the end and inserting ‘‘; or’’; 

20 and 

21 (iii) by inserting after paragraph (10) 

22 the following: 

23 ‘‘(11) payments made under Federal law relat24 ing to the national emergency declared by the Presi25 dent under the National Emergencies Act (50 


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•S 4519 IS

1 U.S.C. 1601 et seq.) with respect to the Coronavirus 

2 disease 2019 (COVID–19).’’. 

3 (B) PROTECTION AGAINST DISCRIMINA4 TORY TREATMENT OF HOMEOWNERS IN BANK5 RUPTCY.—Section 525 of title 11, United 

6 States Code, is amended by adding at the end 

7 the following: 

8 ‘‘(d) A person may not be denied any forbearance, 

9 assistance, or loan modification relief made available to 

10 borrowers by a mortgage creditor or servicer because the 

11 person is or has been a debtor, or has received a discharge, 

12 in a case under this title.’’. 

13 (C) INCREASING THE HOMESTEAD EXEMP14 TION.—Section 522 of title 11, United States 

15 Code, is amended— 

16 (i) in subsection (d)(1), by striking 

17 ‘‘$15,000’’ and inserting ‘‘$100,000’’; and 

18 (ii) by adding at the end the fol19 lowing: 

20 ‘‘(r) Notwithstanding any other provision of applica21 ble nonbankruptcy law, a debtor in any State may exempt 

22 from property of the estate the property described in sub23 section (d)(1) not to exceed the value in subsection (d)(1) 

24 if the exemption for such property permitted by applicable 

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


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1 (D) EFFECT OF MISSED MORTGAGE PAY2 MENTS ON DISCHARGE.—Section 1328 of title 

3 11, United States Code, is amended by adding 

4 at the end the following: 

5 ‘‘(i) A debtor shall not be denied a discharge under 

6 this section because, as of the date of discharge, the debtor 

7 did not make 6 or fewer payments directly to the holder 

8 of a debt secured by real property. 

9 ‘‘(j) Notwithstanding subsections (a) and (b), upon 

10 the debtor’s request, the court shall grant a discharge of 

11 all debts provided for in the plan that are dischargeable 

12 under subsection (a) if the debtor— 

13 ‘‘(1) has made payments under a confirmed 

14 plan for at least 1 year; and 

15 ‘‘(2) who is experiencing or has experienced a 

16 material financial hardship due, directly or indi17 rectly, to the Coronavirus disease 2019 (COVID–19) 

18 pandemic.’’. 

19 (E) EXPANDED ELIGIBILITY FOR CHAPTER

20 13.—Section 109(e) of title 11, United States 

21 Code, is amended— 

22 (i) by striking ‘‘$250,000’’ each place 

23 the term appears and inserting 

24 ‘‘$850,000’’; and 


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•S 4519 IS

1 (ii) by striking ‘‘$750,000’’ each place 

2 the term appears and inserting 

3 ‘‘$2,600,000’’. 

4 (F) EXTENDED CURE PERIOD FOR HOME5 OWNERS HARMED BY COVID–19 PANDEMIC.— 

6 (i) IN GENERAL.—Chapter 13 of title 

7 11, United States Code, is amended by 

8 adding at the end thereof the following: 

9 ‘‘§ 1331. Special provisions related to COVID–19 pan10 demic 

11 ‘‘(a) Notwithstanding subsections (b)(2) and (d) of 

12 section 1322, if the debtor is experiencing or has experi13 enced a material financial hardship due, directly or indi14 rectly, to the Coronavirus disease 2019 (COVID–19) pan15 demic, a plan may provide for the curing of any default 

16 within a reasonable time, not to exceed 7 years after the 

17 time that the first payment under the original confirmed 

18 plan was due, and maintenance of payments while the case 

19 is pending on any unsecured claim or secured claim on 

20 which the last payment is due after the expiration of such 

21 time. Any such plan provision shall not affect the applica22 ble commitment period under section 1325(b). 

23 ‘‘(b) For purposes of sections 1328(a) and 1328(b), 

24 any cure or maintenance payments under subsection (a) 

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


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•S 4519 IS

1 the plan provides for payments (other than payments 

2 under subsection (a)) shall not be treated as payments 

3 under the plan. 

4 ‘‘(c) Notwithstanding section 1329(c), a plan modi5 fied under section 1329 at the debtor’s request may pro6 vide for cure or maintenance payments under subsection 

7 (a) over a period that is not longer than 7 years after 

8 the time that the first payment under the original con9 firmed plan was due. 

10 ‘‘(d) Notwithstanding section 362(c)(2), during the 

11 period after the debtor receives a discharge and the period 

12 during which the plan provides for the cure of any default 

13 and maintenance of payments under the plan, section 

14 362(a) shall apply to the holder of a claim for which a 

15 default is cured and payments are maintained under sub16 section (a) and to any property securing such claim. 

17 ‘‘(e) Notwithstanding section 1301(a)(2), the stay of 

18 section 1301(a) terminates upon the granting of a dis19 charge under section 1328 with respect to all creditors 

20 other than the holder of a claim for which a default is 

21 cured and payments are maintained under subsection 

22 (a).’’. 

23 (ii) TABLE OF CONTENTS.—The table 

24 of sections of chapter 13, title 11, United 


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•S 4519 IS

1 States Code, is amended by adding at the 

2 end thereof the following: 

‘‘Sec. 1331. Special provisions related to COVID–19 pandemic.’’. 

3 (iii) APPLICATION.—The amendments 

4 made by this paragraph shall apply only to 

5 any case under title 11, United States 

6 Code, commenced or pending during the 3- 

7 year period beginning on the date of enact8 ment of this Act in which a plan under 

9 chapter 13 of title 11, United States Code, 

10 was not confirmed before March 27, 2020. 

11 (13) LIQUIDITY FOR MORTGAGE SERVICERS

12 AND RESIDENTIAL RENTAL PROPERTY OWNERS.— 

13 (A) IN GENERAL.—Section 4003 of the 

14 CARES Act (15 U.S.C. 9042) is amended by 

15 adding at the end the following: 

16 ‘‘(i) LIQUIDITY FOR MORTGAGE SERVICERS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

18 the Secretary shall ensure that servicers of covered 

19 mortgage loans (as defined in section 4022) and 

20 multifamily mortgage loans (as defined in section 

21 4023) are provided— 

22 ‘‘(A) the opportunity to participate in the 

23 loans, loan guarantees, or other investments 

24 made by the Secretary under this section; and 


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•S 4519 IS

1 ‘‘(B) with access to such opportunities 

2 under equitable terms and conditions regardless 

3 of their size. 

4 ‘‘(2) MORTGAGE SERVICER ELIGIBILITY.—In 

5 order to receive assistance under subsection (b)(4), 

6 a mortgage servicer shall— 

7 ‘‘(A) demonstrate that the mortgage 

8 servicer has established policies and procedures 

9 to use such funds only to replace funds used for 

10 borrower assistance, including to advance funds 

11 as a result of forbearance or other loss mitiga12 tion provided to borrowers; 

13 ‘‘(B) demonstrate that the mortgage 

14 servicer has established policies and procedures 

15 to provide forbearance, post-forbearance loss 

16 mitigation, and other assistance to borrowers in 

17 compliance with the terms of section 4022 or 

18 4023, as applicable; 

19 ‘‘(C) demonstrate that the mortgage 

20 servicer has established policies and procedures 

21 to ensure that forbearance and post-forbearance 

22 assistance is available to all borrowers in a non23 discriminatory fashion and in compliance with 

24 the Fair Housing Act (42 U.S.C. 3601 et seq.), 

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


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•S 4519 IS

1 1691 et seq.), and other applicable fair housing 

2 and fair lending laws; and 

3 ‘‘(D) comply with the limitations on com4 pensation set forth in section 4004. 

5 ‘‘(3) MORTGAGE SERVICER REQUIREMENTS.—A 

6 mortgage servicer receiving assistance under sub7 section (b)(4) may not, while the servicer is under 

8 any obligation to repay funds provided or guaran9 teed under this section— 

10 ‘‘(A) pay dividends with respect to the 

11 common stock of the mortgage servicer or pur12 chase an equity security of the mortgage 

13 servicer or any parent company of the mortgage 

14 servicer if the security is listed on a national se15 curities exchange, except to the extent required 

16 under a contractual obligation that is in effect 

17 on the date of enactment of this subsection; or 

18 ‘‘(B) prepay any debt obligation.’’. 

19 (B) CREDIT FACILITY FOR RESIDENTIAL

20 RENTAL PROPERTY OWNERS.— 

21 (i) IN GENERAL.—The Board of Gov22 ernors of the Federal Reserve System 

23 shall— 

24 (I) establish a facility, using 

25 amounts made available under section 


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•S 4519 IS

1 4003(b)(4) of the CARES Act (15 

2 U.S.C. 9042(b)(4)), to make long3 term, low-cost loans to residential 

4 rental property owners as to tempo5 rarily compensate such owners for 

6 documented financial losses caused by 

7 reductions in rent payments; and 

8 (II) defer such owners’ required 

9 payments on such loans until after 6 

10 months after the date of enactment of 

11 this Act. 

12 (ii) REQUIREMENTS.—A borrower 

13 that receives a loan under this subpara14 graph may not, for the duration of the 

15 loan— 

16 (I) evict, initiate, or file and exe17 cute the eviction of a tenant solely for 

18 nonpayment of rent or other fees or 

19 charges; 

20 (II) charge any late fees, pen21 alties, or other charges to a tenant for 

22 late payment of rent; and 

23 (III) with respect to a person or 

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1 criminate on the basis of source of in2 come. 

3 (iii) REPORT ON RESIDENTIAL RENT4 AL PROPERTY OWNERS.—The Board of 

5 Governors of the Federal Reserve System 

6 shall issue a report to Congress containing 

7 the following, with respect to each property 

8 owner receiving a loan under this subpara9 graph: 

10 (I) The number of borrowers that 

11 received assistance under this sub12 paragraph. 

13 (II) The average total loan 

14 amount that each borrower received. 

15 (III) The total number of rental 

16 units that each borrower owned. 

17 (IV) The average rent charged by 

18 each borrower. 

19 (iv) REPORT ON LARGE RESIDENTIAL

20 RENTAL PROPERTY OWNERS.—The Board 

21 of Governors shall issue a report to Con22 gress that identifies any person or entity 

23 that in aggregate owns or holds a control24 ling interest in any entity that, in aggre25 gate, owns— 


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•S 4519 IS

1 (I) more than 100 rental units 

2 that are located within a single metro3 politan statistical area; 

4 (II) more than 1,000 rental units 

5 in the United States; or 

6 (III) rental units in 3 or more 

7 States. 

8 (C) MORTGAGE PERFORMANCE DATA.— 

9 Section 4003(c) of the CARES Act (15 U.S.C. 

10 9042(c)) is amended by adding at the end the 

11 following: 

12 ‘‘(4) MORTGAGE PERFORMANCE DATA.— 

13 ‘‘(A) MONTHLY REPORT.— 

14 ‘‘(i) IN GENERAL.—A servicer of a 

15 residential mortgage loan receiving a loan, 

16 loan guarantee, or any other investment 

17 under this section shall, beginning in the 

18 first month in which the loan, loan guar19 antee, or investment was received, collect 

20 and provide loan-level data to the Bureau 

21 of Consumer Financial Protection on a 

22 monthly basis with respect all residential 

23 mortgage loans serviced by the servicer. 

24 ‘‘(ii) CONTENTS.—Each monthly re25 port required under this subparagraph 


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•S 4519 IS

1 shall contain identifying information and 

2 loan performance data for the most recent 

3 month as well as cumulative data since the 

4 servicer began reporting under this para5 graph. 

6 ‘‘(iii) TIME PERIOD FOR REPORTS.— 

7 Reports under this paragraph shall be pro8 vided by a servicer every month in which 

9 a loan, loan guarantee, or any other invest10 ment under this section has been received 

11 and for 2 years following such receipt. 

12 ‘‘(B) IDENTIFYING INFORMATION.—Each 

13 monthly report required under subparagraph 

14 (A) shall include the following loan-level identi15 fying information: 

16 ‘‘(i) Demographic data, for each bor17 rower, including race, ethnicity, sex, and 

18 age. 

19 ‘‘(ii) The location of the property, in20 cluding by State, metropolitan statistical 

21 area, postal code, census tract, and metro22 politan division, if applicable. 

23 ‘‘(iii) Loan origination information, 

24 including original unpaid principal balance, 

25 original interest rate, first payment date, 


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1 original loan term, and lien status (first or 

2 subordinate). 

3 ‘‘(iv) Loan type and type of loan pur4 chaser, as described in section 304 of the 

5 Home Mortgage Disclosure Act of 1975 

6 (12 U.S.C. 2803) and the rules issued to 

7 carry out that section. 

8 ‘‘(C) LOAN PERFORMANCE DATA.—Each 

9 monthly report required under subparagraph 

10 (A) shall include the following loan-level loan 

11 performance data: 

12 ‘‘(i) Current loan information, includ13 ing current actual unpaid principal bal14 ance, current interest rate, current loan 

15 delinquency status (based on the number 

16 of days the borrower is delinquent in pay17 ments based on the due date of the last 

18 paid loan payment), loan performance sta19 tus (including current, forbearance, repay20 ment plan, referred to foreclosure, trial 

21 modification, permanent modification, or 

22 foreclosed), and the date of the event lead23 ing to such status. 

24 ‘‘(ii) Loss mitigation information, in25 cluding— 


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1 ‘‘(I) whether the loan is currently 

2 being evaluated for loss mitigation, 

3 and if so the date upon which the cur4 rent loss mitigation process was initi5 ated and the date of complete applica6 tion, if any; 

7 ‘‘(II) the disposition of any pre8 vious loss mitigation evaluation re9 ported pursuant to subclause (I) and 

10 the date of disposition, including— 

11 ‘‘(aa) denied; 

12 ‘‘(bb) temporary or short13 term agreement, such as a repay14 ment agreement or forbearance, 

15 and the length of such agreement 

16 (in months); 

17 ‘‘(cc) trial loan modification; 

18 ‘‘(dd) permanent loan modi19 fication; or 

20 ‘‘(ee) other type of loss miti21 gation; and 

22 ‘‘(III) for each permanent modi23 fication— 


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1 ‘‘(aa) whether the perma2 nent modification included 1 or 

3 more of— 

4 ‘‘(AA) additions of de5 linquent payments and fees 

6 to loan balances; 

7 ‘‘(BB) interest rate re8 ductions and freezes; 

9 ‘‘(CC) term extensions; 

10 ‘‘(DD) reductions of 

11 principal; or 

12 ‘‘(EE) deferrals of prin13 cipal; and 

14 ‘‘(bb) whether the total 

15 monthly principal and interest 

16 payment, as a result of the per17 manent modification— 

18 ‘‘(AA) increased; 

19 ‘‘(BB) remained the 

20 same; 

21 ‘‘(CC) decreased less 

22 than 10 percent; 

23 ‘‘(DD) decreased be24 tween 10 and 20 percent; or 


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1 ‘‘(EE) decreased 20 

2 percent or more. 

3 ‘‘(D) FORBEARANCE DATA.—Each monthly 

4 report required under subparagraph (A) shall 

5 include, with respect to each loan for which a 

6 forbearance has been reported under subpara7 graph (C)(i), forbearance-specific data, includ8 ing— 

9 ‘‘(i) the total months of total forbear10 ance granted to date; and 

11 ‘‘(ii) the number of renewals of for12 bearance to date. 

13 ‘‘(E) PUBLIC AVAILABILITY OF AGGRE14 GATE DATA.— 

15 ‘‘(i) IN GENERAL.—Using data sub16 mitted by servicers under this paragraph, 

17 the Director of the Bureau of Consumer 

18 Financial Protection shall make available 

19 aggregate data by servicer for each State, 

20 metropolitan statistical area, and metro21 politan division, as defined by the Office of 

22 Management and Budget. Such aggregate 

23 data shall be provided monthly by the Di24 rector to Congress and posted on the 


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1 website of the Bureau of Consumer Finan2 cial Protection. 

3 ‘‘(ii) EXCEPTION FOR CERTAIN PER4 SONALLY IDENTIFIABLE DATA.—If aggre5 gate data described under clause (i) is 

6 nonetheless reasonably personally identifi7 able, the Director may report the aggre8 gate data by servicer on the next larger ge9 ographic unit (such that, for example, data 

10 would not be reported by municipal divi11 sion but only by metropolitan statistical 

12 area and State). 

13 ‘‘(F) IMPLEMENTATION.—The Director of 

14 the Bureau of Consumer Financial Protection 

15 shall, within 60 days of the date of enactment 

16 of this paragraph, and in consultation with the 

17 Director of the Federal Housing Finance Agen18 cy and the Comptroller of the Currency, pre19 scribe the format and method of submission of 

20 the data required under this paragraph. The 

21 Director of the Bureau may prescribe rules for 

22 the collection of the data in order to ensure ac23 curacy, transparency, and complete data collec24 tion, including the collection and reporting of 

25 additional data elements, but may not require 


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1 reporting of fewer data elements than pre2 scribed by this paragraph nor less frequent re3 porting than required by this paragraph. 

4 ‘‘(G) DEFINITIONS.—In this paragraph: 

5 ‘‘(i) RESIDENTIAL MORTGAGE

6 LOAN.—The term ‘residential mortgage 

7 loan’ has the meaning given the term in 

8 section 103 of the Truth in Lending Act 

9 (15 U.S.C. 1602). 

10 ‘‘(ii) SERVICER.—The term ‘servicer’ 

11 has the meaning given the term in section 

12 6 of the Real Estate Settlement Proce13 dures Act of 1974 (12 U.S.C. 2605).’’. 

14 (14) SMALL PROPERTY OWNER GRANT PRO15 GRAM.— 

16 (A) DEFINITIONS.—In this paragraph: 

17 (i) COVID–19 EMERGENCY PE18 RIOD.—The term ‘‘COVID–19 emergency 

19 period’’ means the period in which the na20 tional emergency concerning the novel 

21 Coronavirus disease (COVID–19) outbreak 

22 declared by the President on March 13, 

23 2020, under the National Emergencies Act 

24 (50 U.S.C. 1601 et seq.) is in effect. 


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1 (ii) SECRETARY.—The term ‘‘Sec2 retary’’ means the Secretary of Housing 

3 and Urban Development. 

4 (iii) SMALL PROPERTY OWNER.—The 

5 term ‘‘small property owner’’ means an 

6 owner of not more than 10 residential 

7 properties. 

8 (B) GRANT PROGRAM.—The Secretary 

9 shall establish a program to award grants to 

10 State and local housing finance agencies to pro11 vide assistance to small property owners. 

12 (C) ELIGIBLE SMALL PROPERTY OWN13 ERS.—To be eligible for assistance provided 

14 under this paragraph, a small property owner 

15 shall submit proof of hardship to the State or 

16 local housing finance agency, as applicable, 

17 which shall provide that, during the COVID–19 

18 emergency period— 

19 (i) tenants of dwelling units in the 

20 residential properties owned by the small 

21 property owner have been unable to pay 

22 rent; and 

23 (ii) the small property owner has not 

24 evicted any such tenants. 

25 (D) PROHIBITIONS.— 


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1 (i) PRIVATE EQUITY, REAL ESTATE, 

2 OR VENTURE CAPITAL FIRMS.—Any pri3 vate equity firm, real estate firm, or ven4 ture capital firm that has accepted funding 

5 from an investment company, as such term 

6 is defined in section 3(a) of the Investment 

7 Company Act of 1940 (15 U.S.C. 80a– 

8 3(a)), shall not be eligible for— 

9 (I) a grant under this section; or 

10 (II) a loan, loan guarantee, or 

11 other investment made by the Sec12 retary of the Treasury under section 

13 4003 of the CARES Act (15 U.S.C. 

14 9042), as amended by this section. 

15 (ii) UNDEVELOPED OR UNINHABITED

16 PROPERTIES.—A small property owner 

17 may not receive any funds under this para18 graph with respect to any undeveloped 

19 property, plot of land, or uninhabited prop20 erty owned by the small property owner. 

21 (iii) RENT PAYMENTS.—A small prop22 erty owner that receives a grant with re23 spect to a property under this paragraph 

24 may not require tenants of the property to 


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1 make rental payments for the duration of 

2 the grant. 

3 (E) AUTHORIZATION OF APPROPRIA4 TIONS.—There is authorized to be appropriated 

5 to the Secretary $1,000,000,000 for fiscal year 

6 2020, to remain available until September 30, 

7 2021, to carry out this paragraph. 

8 SEC. 3. EXPANDED EVICTION RELIEF FOR RENTERS UNDER 

9 THE CARES ACT. 

10 Section 4024 of the CARES Act (15 U.S.C. 9058) 

11 is amended— 

12 (1) in subsection (a)— 

13 (A) by amending paragraph (1) to read as 

14 follows: 

15 ‘‘(1) COVERED DWELLING.—The term ‘covered 

16 dwelling’ means a dwelling that is occupied by a ten17 ant— 

18 ‘‘(A) pursuant to a residential lease; or 

19 ‘‘(B) without a lease or with a lease ter20 minable under State law.’’; 

21 (B) by striking paragraphs (2), (4), and 

22 (5); 

23 (C) by redesignating paragraph (3) as 

24 paragraph (2); and 


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1 (D) in paragraph (2)(B), as so redesig2 nated— 

3 (i) by striking ‘‘includes houses’’ and 

4 inserting the following: ‘‘includes— 

5 ‘‘(i) houses’’; 

6 (ii) in clause (i), as so designated, by 

7 striking the period at the end and inserting 

8 a semicolon; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(ii) a manufactured home, as defined 

12 in section 4022; and 

13 ‘‘(iii) a covered recreational vehicle, as 

14 defined in section 4022.’’; and 

15 (2) in subsection (b), by striking ‘‘120-day pe16 riod’’ and inserting ‘‘365-day period.’’. 

17 SEC. 4. RENTER’S AND HOMEOWNER’S RIGHTS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) COVERED DWELLING.—The term ‘‘covered 

20 dwelling’’ has the meaning given the term in section 

21 4024 of the CARES Act (15 U.S.C. 9058). 

22 (2) COVID–19 EMERGENCY PERIOD.—The 

23 term ‘‘COVID–19 emergency period’’ means the pe24 riod in which the national emergency concerning the 

25 novel Coronavirus disease (COVID–19) outbreak deVerDate Sep 11 2014 03:34 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S4519.IS S4519

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1 clared by the President on March 13, 2020, under 

2 the National Emergencies Act (50 U.S.C. 1601 et 

3 seq.) is in effect. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Housing and Urban Development. 

6 (4) STATE.—The term ‘‘State’’ means any 

7 State of the United States, the District of Columbia, 

8 any territory of the United States, the Common9 wealth of Puerto Rico, Guam, American Samoa, the 

10 Virgin Islands, and the Commonwealth of the North11 ern Mariana Islands. 

12 (b) GRANT PROGRAM TO PROVIDE TENANTS WITH

13 RIGHT TO ATTORNEY.— 

14 (1) IN GENERAL.—The Secretary shall provide 

15 grants to States that provide a right to legal assist16 ance for tenants facing eviction in housing courts in 

17 violation of the eviction moratorium described in sec18 tion 4024 of the CARES Act (15 U.S.C. 9058). 

19 (2) REPORT.—A State that receives a grant 

20 under this section shall provide to the Secretary 

21 periodic reports on the use of funds under the grant. 

22 (3) RULE OF CONSTRUCTION.—Nothing in this 

23 subsection shall be construed as modifying, limiting, 

24 or superseding the operation of any provision of an 

25 enumerated Federal consumer law that relates to the 


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1 authority of a State attorney general or State regu2 lator to enforce such Federal law. 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to the Sec5 retary $25,000,000 for fiscal year 2020, to remain 

6 available until expended, to make grants under this 

7 subsection. 

8 (c) PRIVATE RIGHT OF ACTION.—A tenant that re9 sides in any covered dwelling may bring a civil action 

10 against a landlord or managing agent for injunctive relief, 

11 direct money damages, or other relief if the landlord or 

12 managing agent is in violation of Federal, State, or local 

13 eviction moratorium laws, including under section 4024 of 

14 the CARES Act (15 U.S.C. 9058). 

15 (d) REPAYMENT.—A residential tenant of a covered 

16 dwelling unit or a commercial tenant may repay any un17 paid rent during the COVID–19 emergency period— 

18 (1) over an 18-month period, with respect to a 

19 residential tenant, beginning on the date of enact20 ment of this Act; or 

21 (2) over a 3-month period, with respect to a 

22 commercial tenant, beginning on the date of enact23 ment of this Act. 

24 (e) CREDIT REPORTING.—The Fair Credit Reporting 

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


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1 (1) in section 605(a), by adding at the end the 

2 following: 

3 ‘‘(9) Any eviction, unpaid rent, or other debt 

4 with respect to a consumer occurring during the cov5 ered period, as defined in section 623(a)(1)(G).’’; 

6 and 

7 (2) in section 623(a)(1) (15 U.S.C. 1681s–2), 

8 by adding at the end the following: 

9 ‘‘(G) REPORTING OF EVICTIONS OR UN10 PAID RENT DURING COVID–19 PANDEMIC.— 

11 ‘‘(i) DEFINITIONS.—In this subpara12 graph, term ‘covered period’ has the mean13 ing given the term in subparagraph (F). 

14 ‘‘(ii) PROHIBITION ON REPORTING.— 

15 A landlord of any residential dwelling, in16 cluding a manufactured home or a covered 

17 recreational vehicle (as those terms are de18 fined in section 4022 of the CARES Act 

19 (15 U.S.C. 9056)) shall not report any 

20 eviction, unpaid rent, or other debt occur21 ring during the covered period with respect 

22 to a consumer to any furnisher or con23 sumer reporting agency.’’. 

24 (f) RENT INCREASES.—The owner or management 

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


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1 of the CARES Act (15 U.S.C. 9058) or any servicer of 

2 a covered mortgage loan (as defined in section 4022 of 

3 the CARES Act (15 U.S.C. 9056)) shall not, during the 

4 1-year period following the date of enactment of this Act, 

5 increase the rent on any dwelling unit of such a covered 

6 dwelling in an amount that is more than the rate of infla7 tion. 

8 (g) ALLOCATION OF FUNDS FOR HOUSING LEGAL

9 AID AND HOUSING COUNSELING.— 

10 (1) HOUSING LEGAL AID.— 

11 (A) IN GENERAL.—The Secretary shall 

12 provide grants to housing legal aid organiza13 tions that target services to minority and low14 and moderate-income (as defined by the Sec15 retary) homeowners, renters, individuals experi16 encing homelessness, and individuals at risk of 

17 experiencing homelessness or provide those 

18 services in neighborhoods in the United States 

19 with high concentrations of those individuals. 

20 (B) REPORT.—A housing legal aid organi21 zation that receives a grant under this sub22 section shall provide to the Secretary periodic 

23 reports on the use of funds under the grant. 

24 (C) AUTHORIZATION OF APPROPRIA25 TIONS.—There is authorized to be appropriated 


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1 to the Secretary for fiscal year 2020, to remain 

2 available until expended, $500,000,000 for 

3 grants provided under this paragraph for hous4 ing legal aid services. 

5 (2) HOUSING COUNSELING.— 

6 (A) AUTHORIZATION OF APPROPRIA7 TIONS.—There is authorized to be appropriated 

8 to the Neighborhood Reinvestment Corporation 

9 established under the Neighborhood Reinvest10 ment Corporation Act (42 U.S.C. 8101 et seq.) 

11 $700,000,000 for fiscal year 2020, which shall 

12 remain available until September 30, 2023, to 

13 provide funds to counseling organizations for 

14 housing counseling services. 

15 (B) ELIGIBLE USES.—Subject to subpara16 graph (C), amounts made available under sub17 paragraph (A) may be used in such amounts as 

18 the Neighborhood Reinvestment Corporation 

19 determines for the costs of— 

20 (i) public education and outreach; 

21 (ii) direct services, including the full 

22 range of services provided by housing 

23 counselors to assist homeowners, including 

24 manufactured homeowners, regardless of 

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1 encing homelessness, and individuals at 

2 risk of homelessness, including the prac3 tices, tools, and innovations in foreclosure 

4 mitigation that were utilized in the Na5 tional Foreclosure Mitigation Counseling 

6 Program, and financial capability, credit 

7 counseling, homeless counseling, and rental 

8 counseling; 

9 (iii) equipment and technology, includ10 ing broadband internet and equipment up11 grades needed to ensure timely and effec12 tive service delivery; 

13 (iv) training, including capacitating 

14 housing counseling staff in various modes 

15 of counseling, including rental and fore16 closure, delivery of remote counseling uti17 lizing improved technology, enhanced net18 work security, and supportive options for 

19 the delivery of client services; and 

20 (v) administration and oversight of 

21 the grant program in accordance with the 

22 rate of the Corporation for program ad23 ministration. 

24 (C) PRIORITIZATION OF HOUSING COUN25 SELING SERVICES.—Of amounts made available 


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1 under subparagraph (A), not less than 40 per2 cent shall be provided to counseling organiza3 tions that target counseling services to minority 

4 and low-income homeowners, renters, individ5 uals experiencing homelessness, and individuals 

6 at risk of homelessness or provide such services 

7 in neighborhoods with high concentrations of 

8 minority and low-income homeowners, renters, 

9 individuals experiencing homelessness, and indi10 viduals at risk of homelessness. 

11 (h) NOTICE OF EVICTION AFTER THE CONCLUSION

12 OF THE MORATORIUM.—On and after the date on which 

13 the eviction moratorium under 4024 of the CARES Act 

14 (15 U.S.C. 9058) expires, the owner of a covered dwelling 

15 (as defined in that section) shall provide notice to a tenant 

16 not less than 120 days before filing an eviction against 

17 the tenant. 

18 (i) TAXABILITY.—For purposes of the Internal Rev19 enue Code of 1986, any amount which (but for a provision 

20 of this Act or an amendment made by this Act) would 

21 be includible in gross income of a person by reason of for22 giveness of a required rent or mortgage payment shall be 

23 excluded from gross income. 


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1 SEC. 5. ASSISTANCE FOR HOME ENERGY SERVICE AND 

2 HOUSEHOLD DRINKING WATER AND WASTE3 WATER SERVICES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) HOME ENERGY SERVICE.—The term ‘‘home 

6 energy service’’ means a service to provide home en7 ergy, as such term is defined in section 2603 of the 

8 Low-Income Home Energy Assistance Act of 1981 

9 (42 U.S.C. 8622), and electric service, as that term 

10 is used in the Public Utility Regulatory Policies Act 

11 of 1978 (16 U.S.C. 2601 et seq.). 

12 (2) HOUSEHOLD DRINKING WATER AND WASTE13 WATER SERVICES.—The term ‘‘household drinking 

14 water and wastewater services’’ has the meaning 

15 given that term in section 1459A(a)(2) of the Safe 

16 Drinking Water Act (42 U.S.C. 300j–19a(a)(2)). 

17 (3) INDIAN TRIBE.—The term ‘‘Indian 

18 Tribe’’— 

19 (A) used with respect to assistance for 

20 home energy, means— 

21 (i) an Indian tribe within the meaning 

22 of section 2604(d) of the Low-Income 

23 Home Energy Assistance Act of 1981 (42 

24 U.S.C. 8623(d)); and 


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1 (ii) an entity that is eligible to receive 

2 funds under that section on behalf of an 

3 Indian tribe described in clause (i); and 

4 (B) used with respect to assistance for 

5 household drinking water and wastewater serv6 ices, means any Indian Tribe, band, group, or 

7 community recognized by the Secretary of the 

8 Interior and exercising governmental authority 

9 over a Federal Indian reservation, as defined in 

10 section 518(h) of the Federal Water Pollution 

11 Control Act (33 U.S.C. 1377). 

12 (4) MUNICIPALITY.—The term ‘‘municipality’’ 

13 has the meaning given such term in section 502 of 

14 the Federal Water Pollution Control Act (33 U.S.C. 

15 1362). 

16 (5) PUBLIC HEALTH EMERGENCY.—The term 

17 ‘‘public health emergency’’ means the public health 

18 emergency described in section 1135(g)(1)(B) of the 

19 Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)). 

20 (6) PUBLIC HEALTH EMERGENCY PERIOD.— 

21 The term ‘‘public health emergency period’’ has the 

22 meaning given the term ‘‘emergency period’’ in that 

23 section 1135(g)(1)(B). 

24 (7) PUBLIC WATER SYSTEM.—The term ‘‘public 

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


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1 section 1401 of the Safe Drinking Water Act (42 

2 U.S.C. 300f). 

3 (8) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Health and Human Services. 

5 (9) STATE.—The term ‘‘State’’ means— 

6 (A) any of the 50 States, and the District 

7 of Columbia; and 

8 (B) the Commonwealth of Puerto Rico, the 

9 Virgin Islands of the United States, Guam, 

10 American Samoa, and the Commonwealth of 

11 the Northern Mariana Islands. 

12 (b) ASSISTANCE FOR LOW-INCOME HOUSEHOLDS.— 

13 The Secretary shall make grants from allotments and pay14 ments described in subsection (d) to States and Indian 

15 Tribes to assist low-income households, particularly those 

16 with the lowest incomes, that pay a high proportion of 

17 household income for home energy service and household 

18 drinking water and wastewater services. Half of the funds 

19 for each such grant shall be made available from funds 

20 appropriated under subsection (k)(1), and half from funds 

21 appropriated under subsection (k)(2). 

22 (c) USE OF LIHEAP RESOURCES.—In carrying out 

23 this section, the Secretary, States, and Indian Tribes, as 

24 applicable, shall use the existing (as of the date of imple25 mentation) systems in place to carry out the Low-Income 


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1 Home Energy Assistance Act of 1981 (42 U.S.C. 8621 

2 et seq.) as the Secretary determines appropriate. 

3 (d) ALLOTMENTS.— 

4 (1) STATES.—The Secretary shall allot to each 

5 State an amount that bears the same relationship to 

6 the funds appropriated under this section and avail7 able for carrying out this subsection as the number 

8 of individuals with a household income of less than 

9 200 percent of the poverty line in that State bears 

10 to the total number of such individuals in all States. 

11 (2) INDIAN TRIBES.—At the request of an In12 dian Tribe in a State, the Secretary shall reserve, 

13 from the amount that would otherwise be payable to 

14 such State from the allotment under paragraph (1) 

15 for the fiscal year involved, a payment for the Indian 

16 Tribe in a sum determined to be appropriate by the 

17 Secretary. 

18 (3) NOTIFICATION TO CONGRESS.—Not later 

19 than 15 days after determining the amounts of allot20 ments and payments for States and Indian Tribes 

21 pursuant to this subsection, and prior to making 

22 grants under this section, the Secretary shall notify 

23 Congress of such amounts. 

24 (e) REQUIREMENTS.—Each State or Indian Tribe de25 siring to receive a grant under this section shall agree to— 


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1 (1) establish or maintain in effect a moratorium 

2 policy to ensure that no home energy service, house3 hold drinking water service, or wastewater service to 

4 an individual or household, that is regulated or pro5 vided by the State or Indian Tribe or subrecipient 

6 of grant funds from the State or Tribe, shall be or 

7 remain disconnected (including interrupted) until the 

8 end of the period of the applicable repayment plan 

9 described in paragraph (2)(B); and 

10 (2) ensure that the moratorium policy provides, 

11 and requires a subrecipient of grant funds to pro12 vide— 

13 (A) for a waiver of applicable interest or 

14 penalties on a late payment for home energy, 

15 household drinking service, or wastewater serv16 ice, if the late payment is related to an arrear17 age that occurred during the public health 

18 emergency period; and 

19 (B) for a repayment plan of at least 18 

20 months in duration, beginning on the last date 

21 of the public health emergency period, based on 

22 the household income of the household involved, 

23 for any remaining late payment described in 

24 subparagraph (A) that is not covered by fund25 ing provided under this section. 


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1 (f) USE OF FUNDS.—A State or Indian Tribe that 

2 receives a grant under this Act shall use the grant funds 

3 to assist low-income households by paying for late home 

4 energy service payments and late household drinking 

5 water and wastewater services payments, and reconnection 

6 fees for households who have been disconnected from any 

7 type of service specified in this subsection due to non8 payment, if the related arrearages and disconnections oc9 curred during the public health emergency period. 

10 (g) STATE AGREEMENTS.— 

11 (1) HOME ENERGY SERVICE PROVIDERS.—To 

12 the maximum extent practicable, a State that re13 ceives a grant under this section shall enter into 

14 agreements with home energy service providers, local 

15 governments, nonprofit organizations associated with 

16 providing home energy services to rural and small 

17 communities, and Indian Tribes, to assist in identi18 fying low-income households and to carry out this 

19 section. 

20 (2) HOUSEHOLD DRINKING WATER AND WASTE21 WATER SERVICES PROVIDERS.—To the maximum ex22 tent practicable, a State that receives a grant under 

23 this section shall enter into agreements with public 

24 water systems, municipalities, nonprofit organiza25 tions associated with providing household drinking 


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1 water and wastewater services to rural and small 

2 communities, and Indian Tribes, to assist in identi3 fying low-income households and to carry out this 

4 section. 

5 (h) DETERMINATION OF LOW-INCOME HOUSE6 HOLDS.—In determining whether a household in a State 

7 or under the jurisdiction of an Indian Tribe is considered 

8 low-income for the purposes of this Act, the State or In9 dian Tribe shall— 

10 (1) ensure that, at a minimum, all households 

11 with a household income at or below 200 percent of 

12 the Federal poverty line are included as low-income 

13 households; 

14 (2) ensure that households already eligible for 

15 assistance under the Low-Income Home Energy As16 sistance Act of 1981 (42 U.S.C. 8621 et seq.) are 

17 included as low-income households; and 

18 (3) consider households that have not previously 

19 received assistance under the Low-Income Home 

20 Energy Assistance Act of 1981 in the same manner 

21 as households that have previously received such as22 sistance. 

23 (i) AUDITS.—The Secretary shall require each State 

24 and Indian Tribe receiving a grant under subsection (b) 

25 to undertake periodic audits and evaluations of expendiVerDate Sep 11 2014 03:34 Sep 03, 2020 Jkt 099200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S4519.IS S4519

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1 tures made by such State or Indian Tribe pursuant to this 

2 section. 

3 (j) REPORTS TO CONGRESS.—The Secretary shall 

4 prepare reports on the results of activities carried out pur5 suant to this section and submit the reports to Congress— 

6 (1) not later than 1 year after the date of en7 actment of this Act; and 

8 (2) upon disbursement of all funds appropriated 

9 to carry out this section. 

10 (k) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There is authorized to be 

12 appropriated to the Secretary to carry out this sec13 tion— 

14 (A) $10,000,000,000 for grant funds and 

15 administration relating to assistance for home 

16 energy service; and 

17 (B) $10,000,000,000 for grant funds and 

18 administration relating to assistance for house19 hold drinking water and wastewater services. 

20 (2) AVAILABILITY.—Sums appropriated under 

21 paragraph (1) shall remain available until expended. 

22 SEC. 6. BUSINESS LANDLORD OVERSIGHT. 

23 (a) CONGRESSIONAL OVERSIGHT COMMISSION.—Sec24 tion 4020 of the CARES Act (15 U.S.C. 9055) is amend25 ed— 


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1 (1) in subsection (b)(2)(A), by adding at the 

2 end the following: 

3 ‘‘(v) The use of rental property assist4 ance received by entities under section 

5 7(a)(36) of the Small Business Act (15 

6 U.S.C. 636(a)(36)) or other Federal Gov7 ernment relief assistance under this sub8 title.’’; and 

9 (2) in subsection (c)— 

10 (A) in paragraph (1)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘5’’ and inserting 

13 ‘‘9’’; and 

14 (ii) in subparagraphs (A) through 

15 (D), strike ‘‘1’’ each place the term ap16 pears and insert ‘‘2’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(8) QUALIFICATIONS.—Not fewer than 2 of 

19 the 8 members appointed under subparagraphs (A) 

20 through (D) shall be from a group that has been 

21 historically underrepresented or disproportionately 

22 negatively impacted by the Coronavirus disease 2019 

23 (COVID–19), and not fewer than 1 of those 8 mem24 bers shall be a woman.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
73 

•S 4519 IS

1 (b) PROHIBITION ON USE OF FEDERAL COVID-RE2 LIEF LOANS OR GRANTS TO BUY DISTRESSED MORT3 GAGES, FORECLOSED PROPERTIES, OR REAL-ESTATE4 OWNED PROPERTIES.—Except with respect to a nonprofit 

5 organization or a local, mission-focused affordable housing 

6 developer, a business entity shall not use the proceeds of 

7 any loan or grant received under this Act or the CARES 

8 Act (Public Law 116–136), or any amendments made 

9 under those Acts, to purchase distressed mortgages, fore10 closed properties, or real-estate-owned properties. 

11 (c) RENT ARREARS.—If a landlord receives Federal 

12 funds under subtitle IV of the CARES Act (Public Law 

13 116–136) that are used to cover rent arrears during the 

14 period beginning on March 27, 2020, and ending on De15 cember 31, 2020, the landlord may not collect rent arrears 

16 from tenants that were received upon the expiration of ap17 plicable Federal and State eviction and foreclosure mora18 toriums relating to the COVID–19 pandemic, including 

19 under sections 4022 and 4024 of the CARES Act (15 

20 U.S.C. 9056, 9058). 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS