II 

116TH CONGRESS 

2D SESSION H. R. 7301 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2020 

Received 

AN ACT 

To prevent evictions, foreclosures, and unsafe housing conditions resulting from the COVID-19 pandemic, and for 

other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Emergency Housing Protections and Relief Act of 

4 2020’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PROTECTING RENTERS AND HOMEOWNERS FROM 

EVICTIONS AND FORECLOSURES 

Sec. 101. Emergency rental assistance. 

Sec. 102. Homeowner Assistance Fund. 

Sec. 103. Protecting renters and homeowners from evictions and foreclosures. 

Sec. 104. Liquidity for mortgage servicers and residential rental property owners. 

Sec. 105. Rural rental assistance. 

Sec. 106. Funding for public housing and tenant-based rental assistance. 

Sec. 107. Supplemental funding for supportive housing for the elderly, supportive housing for persons with disabilities, supportive housing 

for persons with AIDS, and project-based section 8 rental assistance. 

Sec. 108. Fair Housing. 

Sec. 109. Funding for housing counseling services. 

TITLE II—PROTECTING PEOPLE EXPERIENCING HOMELESSNESS 

Sec. 201. Homeless assistance funding. 

Sec. 202. Emergency rental assistance voucher program. 

7 TITLE I—PROTECTING RENTERS 

8 AND HOMEOWNERS FROM 

9 EVICTIONS AND FORE10 CLOSURES 

11 SEC. 101. EMERGENCY RENTAL ASSISTANCE. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary of Housing 

14 and Urban Development (referred to in this section as the 

15 ‘‘Secretary’’) $100,000,000,000 for an additional amount 


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1 for grants under the Emergency Solutions Grants pro2 gram under subtitle B of title IV of the McKinney-Vento 

3 Homeless Assistance Act (42 U.S.C. 11371 et seq.), to 

4 remain available until expended (subject to subsections (d) 

5 and (n) of this section), to be used for providing short6 or medium-term assistance with rent and rent-related 

7 costs (including tenant-paid utility costs, utility- and rent8 arrears, fees charged for those arrears, and security and 

9 utility deposits) in accordance with paragraphs (4) and (5) 

10 of section 415(a) of such Act (42 U.S.C. 11374(a)) and 

11 this section. 

12 (b) DEFINITION OF AT RISK OF HOMELESSNESS.— 

13 Notwithstanding section 401(1) of the McKinney-Vento 

14 Homeless Assistance Act (42 U.S.C. 11360(1)), for pur15 poses of assistance made available with amounts made 

16 available pursuant to subsection (a), the term ‘‘at risk of 

17 homelessness’’ means, with respect to an individual or 

18 family, that the individual or family— 

19 (1) has an income below 80 percent of the me20 dian income for the area as determined by the Sec21 retary; and 

22 (2) has an inability to attain or maintain hous23 ing stability or has insufficient resources to pay for 

24 rent or utilities due to financial hardships. 


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1 (c) INCOME TARGETING AND CALCULATION.—For 

2 purposes of assistance made available with amounts made 

3 available pursuant to subsection (a)— 

4 (1) each recipient of such amounts shall use— 

5 (A) not less than 40 percent of the 

6 amounts received only for providing assistance 

7 for individuals or families experiencing home8 lessness, or for persons or families at risk of 

9 homelessness who have incomes not exceeding 

10 30 percent of the median income for the area 

11 as determined by the Secretary; 

12 (B) not less than 70 percent of the 

13 amounts received only for providing assistance 

14 for individuals or families experiencing home15 lessness, or for persons or families at risk of 

16 homelessness who have incomes not exceeding 

17 50 percent of the median income for the area 

18 as determined by the Secretary; and 

19 (C) the remainder of the amounts received 

20 only for providing assistance to individuals or 

21 families experiencing homelessness, or for per22 sons or families at risk of homelessness who 

23 have incomes not exceeding 80 percent of the 

24 median income for the area as determined by 

25 the Secretary, but such recipient may establish 


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1 a higher percentage limit for purposes of sub2 section (b)(1), which shall not in any case ex3 ceed 120 percent of the area median income, if 

4 the recipient states that it will serve such popu5 lation in its plan; and 

6 (2) in determining the income of a household 

7 for homelessness prevention assistance— 

8 (A) the calculation of income performed at 

9 the time of application for such assistance, in10 cluding arrearages, shall consider only income 

11 that the household is currently receiving at such 

12 time and any income recently terminated shall 

13 not be included; 

14 (B) any calculation of income performed 

15 with respect to households receiving ongoing as16 sistance (such as medium-term rental assist17 ance) 3 months after initial receipt of assist18 ance shall consider only the income that the 

19 household is receiving at the time of such re20 view; and 

21 (C) the calculation of income performed 

22 with respect to households receiving assistance 

23 for arrearages shall consider only the income 

24 that the household was receiving at the time 

25 such arrearages were incurred. 


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1 (d) 3-YEAR AVAILABILITY.— 

2 (1) IN GENERAL.—Each recipient of amounts 

3 made available pursuant to subsection (a) shall— 

4 (A) expend not less than 60 percent of 

5 such grant amounts within 2 years of the date 

6 that such funds became available to the recipi7 ent for obligation; and 

8 (B) expend 100 percent of such grant 

9 amounts within 3 years of such date. 

10 (2) REALLOCATION AFTER 2 YEARS.—The Sec11 retary may recapture any amounts not expended in 

12 compliance with paragraph (1)(A) and reallocate 

13 such amounts to recipients in compliance with the 

14 formula referred to in subsection (h)(1)(A). 

15 (e) RENT RESTRICTIONS.— 

16 (1) INAPPLICABILITY.—Section 576.106(d) of 

17 title 24, Code of Federal Regulations, shall not 

18 apply with respect to homelessness prevention assist19 ance made available with amounts made available 

20 under subsection (a). 

21 (2) AMOUNT OF RENTAL ASSISTANCE.—In pro22 viding homelessness prevention assistance with 

23 amounts made available under subsection (a), the 

24 maximum amount of rental assistance that may be 

25 provided shall be the greater of— 


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1 (A) 120 percent of the higher of— 

2 (i) the Fair Market Rent established 

3 by the Secretary for the metropolitan area 

4 or county; or 

5 (ii) the applicable Small Area Fair 

6 Market Rent established by the Secretary; 

7 or 

8 (B) such higher amount as the Secretary 

9 shall determine is needed to cover market rents 

10 in the area. 

11 (f) SUBLEASES.—A recipient shall not be prohibited 

12 from providing assistance authorized under subsection (a) 

13 with respect to subleases that are valid under State law. 

14 (g) HOUSING RELOCATION OR STABILIZATION AC15 TIVITIES.—A recipient of amounts made available pursu16 ant to subsection (a) may expend up to 25 percent of its 

17 allocation for activities under section 415(a)(5) of the 

18 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

19 11374(a)(5)), except that notwithstanding such section, 

20 activities authorized under this subsection may be pro21 vided only for individuals or families who have incomes 

22 not exceeding 50 percent of the area median income and 

23 meet the criteria in subsection (b)(2) of this section or 

24 section 103 of the McKinney-Vento Homeless Assistance 

25 Act (42 U.S.C. 11302). This subsection shall not apply 


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1 to rent-related costs that are specifically authorized under 

2 subsection (a) of this section. 

3 (h) ALLOCATION OF ASSISTANCE.— 

4 (1) IN GENERAL.—In allocating amounts made 

5 available pursuant to subsection (a), the Secretary 

6 shall— 

7 (A)(i) for any purpose authorized in this 

8 section— 

9 (I) allocate 2 percent of such amount 

10 for Indian tribes and tribally designated 

11 housing entities (as such terms are defined 

12 in section 4 of the Native American Hous13 ing Assistance and Self-Determination Act 

14 of 1996 (25 U.S.C. 4103)) under the for15 mula established pursuant to section 302 

16 of such Act (25 U.S.C. 4152), except that 

17 0.3 percent of the amount allocated under 

18 this clause shall be allocated for the De19 partment of Hawaiian Home Lands; and 

20 (II) allocate 0.3 percent of such 

21 amount for the Virgin Islands, Guam, 

22 American Samoa, and the Northern Mar23 iana Islands; 

24 (ii) not later than 30 days after the date 

25 of enactment of this Act, obligate and disburse 


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1 the amounts allocated pursuant to clause (i) in 

2 accordance with such allocations and provide 

3 such recipient with any necessary guidance for 

4 use of the funds; and 

5 (B)(i) not later than 7 days after the date 

6 of enactment of this Act and after setting aside 

7 amounts under subparagraph (A), allocate 50 

8 percent of any such remaining amounts under 

9 the formula specified in subsections (a), (b), 

10 and (e) of section 414 of the McKinney-Vento 

11 Homeless Assistance Act (42 U.S.C. 11373) 

12 for, and notify, each State, metropolitan city, 

13 and urban county that is to receive a direct 

14 grant of such amounts; and 

15 (ii) not later than 30 days after the date 

16 of enactment of this Act, obligate and disburse 

17 the amounts allocated pursuant to clause (i) in 

18 accordance with such allocations and provide 

19 such recipient with any necessary guidance for 

20 use of the funds; and 

21 (C)(i) not later than 45 days after the date 

22 of enactment of this Act, allocate any remaining 

23 amounts for eligible recipients according to a 

24 formula to be developed by the Secretary that 

25 takes into consideration the formula referred to 


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1 in subparagraph (A) and the need for emer2 gency rental assistance under this section, in3 cluding the severe housing cost burden among 

4 extremely low- and very low-income renters and 

5 disruptions in housing and economic conditions, 

6 including unemployment; and 

7 (ii) not later than 30 days after the date 

8 of the allocation of such amounts pursuant to 

9 clause (i), obligate and disburse such amounts 

10 in accordance with such allocations. 

11 (2) ALLOCATIONS TO STATES.— 

12 (A) IN GENERAL.—Notwithstanding sub13 section (a) of section 414 of the McKinney14 Vento Homeless Assistance Act (42 U.S.C. 

15 11373(a)) and section 576.202(a) of title 24, 

16 Code of Federal Regulations, a State recipient 

17 of an allocation under this section may elect to 

18 use up to 100 percent of its allocation to carry 

19 out activities eligible under this section directly. 

20 (B) REQUIREMENT.—Any State recipient 

21 making an election described in subparagraph 

22 (A) shall serve households throughout the entire 

23 State, including households in rural commu24 nities and small towns. 


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1 (3) ELECTION NOT TO ADMINISTER.—If a re2 cipient other than a State elects not to receive funds 

3 under this section, such funds shall be allocated to 

4 the State recipient in which the recipient is located. 

5 (4) PARTNERSHIPS, SUBGRANTS, AND CON6 TRACTS.—A recipient of a grant under this section 

7 may distribute funds through partnerships, sub8 grants, or contracts with an entity, such as a public 

9 housing agency (as such term is defined in section 

10 3(b) of the United States Housing Act of 1937 (42 

11 U.S.C. 1437a(b))), that is capable of carrying activi12 ties under this section. 

13 (5) REVISION TO RULE.—The Secretary shall 

14 revise section 576.3 of tile 24, Code of Federal Reg15 ulations, to change the set aside for allocation to the 

16 territories to exactly 0.3 percent. 

17 (i) INAPPLICABILITY OF MATCHING REQUIRE18 MENT.—Subsection (a) of section 416 of the McKinney19 Vento Homeless Assistance Act (42 U.S.C. 11375(a)) 

20 shall not apply to any amounts made available pursuant 

21 to subsection (a) of this section. 

22 (j) REIMBURSEMENT OF ELIGIBLE ACTIVITIES.— 

23 Amounts made available pursuant to subsection (a) may 

24 be used by a recipient to reimburse expenditures incurred 


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1 for eligible activities under this section after March 27, 

2 2020. 

3 (k) PROHIBITION ON PREREQUISITES.—None of the 

4 funds made available pursuant to this section may be used 

5 to require any individual receiving assistance under the 

6 program under this section to receive treatment or per7 form any other prerequisite activities as a condition for 

8 receiving shelter, housing, or other services. 

9 (l) WAIVERS AND ALTERNATIVE REQUIREMENTS.— 

10 (1) IN GENERAL.— 

11 (A) AUTHORITY.—In administering the 

12 amounts made available pursuant to subsection 

13 (a), the Secretary may waive, or specify alter14 native requirements for, any provision of any 

15 statute or regulation that the Secretary admin16 isters in connection with the obligation by the 

17 Secretary or the use by the recipient of such 

18 amounts (except for requirements related to fair 

19 housing, nondiscrimination, labor standards, 

20 prohibition on prerequisites, minimum data re21 porting, and the environment), if the Secretary 

22 finds that good cause exists for the waiver or 

23 alternative requirement and such waiver or al24 ternative requirement is necessary to expedite 

25 the use of funds made available pursuant to 


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1 this section, to respond to public health orders 

2 or conditions related to the COVID-19 emer3 gency, or to ensure that eligible individuals can 

4 attain or maintain housing stability. 

5 (B) PUBLIC NOTICE.—The Secretary shall 

6 notify the public through the Federal Register 

7 or other appropriate means of any waiver or al8 ternative requirement under this paragraph, 

9 and that such public notice shall be provided, at 

10 a minimum, on the internet at the appropriate 

11 Government website or through other electronic 

12 media, as determined by the Secretary. 

13 (C) ELIGIBILITY REQUIREMENTS.—Eligi14 bility for rental assistance or housing relocation 

15 and stabilization services shall not be restricted 

16 based upon the prior receipt of assistance under 

17 the program during the preceding three years. 

18 (2) PUBLIC HEARINGS.— 

19 (A) INAPPLICABILITY OF IN-PERSON HEAR20 ING REQUIREMENTS DURING THE COVID-19

21 EMERGENCY.— 

22 (i) IN GENERAL.—A recipient under 

23 this section shall not be required to hold 

24 in-person public hearings in connection 

25 with its citizen participation plan, but shall 


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1 provide citizens with notice, including pub2 lication of its plan for carrying out this 

3 section on the internet, and a reasonable 

4 opportunity to comment of not less than 5 

5 days. 

6 (ii) RESUMPTION OF IN-PERSON

7 HEARING REQUIREMENTS.—After the pe8 riod beginning on the date of enactment of 

9 this Act and ending on the date of the ter10 mination by the Federal Emergency Man11 agement Agency of the emergency declared 

12 on March 13, 2020, by the President 

13 under the Robert T. Stafford Disaster Re14 lief and Emergency Assistance Act (42 

15 U.S.C. 4121 et seq.) relating to the 

16 Coronavirus Disease 2019 (COVID-19) 

17 pandemic, and after the period described 

18 in subparagraph (B), the Secretary shall 

19 direct recipients under this section to re20 sume pre-crisis public hearing require21 ments. 

22 (B) VIRTUAL PUBLIC HEARINGS.— 

23 (i) IN GENERAL.—During the period 

24 that national or local health authorities 

25 recommend social distancing and limiting 


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1 public gatherings for public health reasons, 

2 a recipient may fulfill applicable public 

3 hearing requirements for all grants from 

4 funds made available pursuant to this sec5 tion by carrying out virtual public hear6 ings. 

7 (ii) REQUIREMENTS.—Any virtual 

8 hearings held under clause (i) by a recipi9 ent under this section shall provide reason10 able notification and access for citizens in 

11 accordance with the recipient’s certifi12 cations, timely responses from local offi13 cials to all citizen questions and issues, 

14 and public access to all questions and re15 sponses. 

16 (m) CONSULTATION.—In addition to any other cit17 izen participation and consultation requirements, in devel18 oping and implementing a plan to carry out this section, 

19 each recipient of funds made available pursuant to this 

20 section shall consult with the applicable Continuum or 

21 Continuums of Care for the area served by the recipient 

22 and organizations representing underserved communities 

23 and populations and organizations with expertise in af24 fordable housing, fair housing, and services for people with 

25 disabilities. 


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1 (n) ADMINISTRATION.— 

2 (1) BY SECRETARY.—Of any amounts made 

3 available pursuant to subsection (a)— 

4 (A) not more than the lesser of 0.5 per5 cent, or $15,000,000, may be used by the Sec6 retary for staffing, training, technical assist7 ance, technology, monitoring, research, and 

8 evaluation activities necessary to carry out the 

9 program carried out under this section, and 

10 such amounts shall remain available until Sep11 tember 30, 2024; and 

12 (B) not more than $2,000,000 shall be 

13 available to the Office of the Inspector General 

14 for audits and investigations of the program au15 thorized under this section. 

16 (2) BY RECIPIENTS.—Notwithstanding section 

17 576.108 of title 24 of the Code of Federal Regula18 tions, with respect to amounts made available pursu19 ant to this section, a recipient may use up to 10 per20 cent of the recipient’s grant for payment of adminis21 trative costs related to the planning and execution of 

22 activities. 

23 SEC. 102. HOMEOWNER ASSISTANCE FUND. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) FUND.—The term ‘‘Fund’’ means the 

2 Homeowner Assistance Fund established under sub3 section (b). 

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

5 the Secretary of the Treasury. 

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

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

8 any territory of the United States, Puerto Rico, 

9 Guam, American Samoa, the Virgin Islands, and the 

10 Northern Mariana Islands. 

11 (b) ESTABLISHMENT OF FUND.—There is estab12 lished at the Department of the Treasury a Homeowner 

13 Assistance Fund to provide such funds as are made avail14 able under subsection (g) to State housing finance agen15 cies for the purpose of preventing homeowner mortgage 

16 defaults, foreclosures, and displacements of individuals 

17 and families experiencing financial hardship after January 

18 21, 2020. 

19 (c) ALLOCATION OF FUNDS.— 

20 (1) ADMINISTRATION.—Of any amounts made 

21 available for the Fund, the Secretary of the Treas22 ury may allocate, in the aggregate, an amount not 

23 exceeding 5 percent— 

24 (A) to the Office of Financial Stability es25 tablished under section 101(a) of the EmerVerDate Sep 11 2014 22:58 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.RDS H7301

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1 gency Economic Stabilization Act of 2008 (12 

2 U.S.C. 5211(a)) to administer and oversee the 

3 Fund, and to provide technical assistance to 

4 States for the creation and implementation of 

5 State programs to administer assistance from 

6 the Fund; and 

7 (B) to the Inspector General of the De8 partment of the Treasury for oversight of the 

9 program under this section. 

10 (2) FOR STATES.—The Secretary shall establish 

11 such criteria as are necessary to allocate the funds 

12 available within the Fund for each State. The Sec13 retary shall allocate such funds among all States 

14 taking into consideration the number of unemploy15 ment claims within a State relative to the nationwide 

16 number of unemployment claims. 

17 (3) SMALL STATE MINIMUM.—The amount allo18 cated for each State shall not be less than 

19 $250,000,000. 

20 (4) SET-ASIDE FOR INSULAR AREAS.—Notwith21 standing any other provision of this section, of any 

22 amounts authorized to be appropriated pursuant to 

23 subsection (g), the Secretary shall reserve 

24 $200,000,000 to be disbursed to Guam, American 

25 Samoa, the Virgin Islands, and the Northern MarVerDate Sep 11 2014 22:58 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.RDS H7301

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1 iana Islands based on each such territory’s share of 

2 the combined total population of all such territories, 

3 as determined by the Secretary. For the purposes of 

4 this paragraph, population shall be determined based 

5 on the most recent year for which data are available 

6 from the United States Census Bureau. 

7 (5) SET-ASIDE FOR INDIAN TRIBES AND NATIVE

8 HAWAIIANS.— 

9 (A) INDIAN TRIBES.—Notwithstanding any 

10 other provision of this section, of any amounts 

11 authorized to be appropriated pursuant to sub12 section (g), the Secretary shall use 5 percent to 

13 make grants in accordance with subsection (f) 

14 to eligible recipients for the purposes described 

15 in subsection (e)(1). 

16 (B) NATIVE HAWAIIANS.— Of the funds 

17 set aside under subparagraph (A), the Sec18 retary shall use 0.3 percent to make grants to 

19 the Department of Hawaiian Home Lands in 

20 accordance with subsection (f) for the purposes 

21 described in subsection (e)(1). 

22 (d) DISBURSEMENT OF FUNDS.— 

23 (1) ADMINISTRATION.—Except for amounts 

24 made available for assistance under subsection (f), 

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1 sponsible for administering amounts disbursed from 

2 the Fund, but may delegate responsibilities and sub3 allocate amounts to community development finan4 cial institutions and State agencies that administer 

5 Low-Income Home Energy Assistance Program of 

6 the Department of Health and Human Services. 

7 (2) NOTICE OF FUNDING.—The Secretary shall 

8 provide public notice of the amounts that will be 

9 made available to each State and the method used 

10 for determining such amounts not later than the ex11 piration of the 14-day period beginning on the date 

12 of the enactment of this Act of enactment. 

13 (3) SHFA PLANS.— 

14 (A) ELIGIBILITY.—To be eligible to receive 

15 funding allocated for a State under the section, 

16 a State housing finance agency for the State 

17 shall submit to the Secretary a plan for the im18 plementation of State programs to administer, 

19 in part or in full, the amount of funding the 

20 state is eligible to receive, which shall provide 

21 for the commencement of receipt of applications 

22 by homeowners for assistance, and funding of 

23 such applications, not later than the expiration 

24 of the 6-month period beginning upon the ap25 proval under this paragraph of such plan. 


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1 (B) MULTIPLE PLANS.—. A State housing 

2 finance agency may submit multiple plans, each 

3 covering a separate portion of funding for 

4 which the State is eligible. 

5 (C) TIMING.—The Secretary shall approve 

6 or disapprove a plan within 30 days after the 

7 plan’s submission and, if disapproved, explain 

8 why the plan could not be approved. 

9 (D) DISBURSEMENT UPON APPROVAL.— 

10 The Secretary shall disburse to a State housing 

11 finance agency the appropriate amount of fund12 ing upon approval of the agency’s plan. 

13 (E) AMENDMENTS.—A State housing fi14 nance agency may subsequently amend a plan 

15 that has previously been approved, provided 

16 that any plan amendment shall be subject to 

17 the approval of the Secretary. The Secretary 

18 shall approve any plan amendment or dis19 approve such amendment explain why the plan 

20 amendment could not be approved within 45 

21 days after submission to the Secretary of such 

22 amendment. 

23 (F) TECHNICAL ASSISTANCE.—The Sec24 retary shall provide technical assistance for any 


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1 State housing finance agency that twice fails to 

2 have a submitted plan approved. 

3 (4) PLAN TEMPLATES.—The Secretary shall, 

4 not later than 30 days after the date of the enact5 ment of this Act, publish templates that States may 

6 utilize in drafting the plans required under para7 graph (3)(A). The template plans shall include 

8 standard program terms and requirements, as well 

9 as any required legal language, which State housing 

10 finance agencies may modify with the consent of the 

11 Secretary. 

12 (e) PERMISSIBLE USES OF FUND.— 

13 (1) IN GENERAL.—Funds made available to 

14 State housing finance agencies pursuant to this sec15 tion may be used for the purposes established under 

16 subsection (b), which may include— 

17 (A) mortgage payment assistance, includ18 ing financial assistance to allow a borrower to 

19 reinstate their mortgage or to achieve a more 

20 affordable mortgage payment, which may in21 clude principal reduction or rate reduction, pro22 vided that any mortgage payment assistance is 

23 tailored to a borrower’s needs and their ability 

24 to repay, and takes into consideration the loss 

25 mitigation options available to the borrower; 


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1 (B) assistance with payment of taxes, haz2 ard insurance, flood insurance, mortgage insur3 ance, or homeowners’ association fees; 

4 (C) utility payment assistance, including 

5 electric, gas, water, and internet service, includ6 ing broadband internet access service (as such 

7 term is defined in section 8.1(b) of title 47, 

8 Code of Federal Regulations (or any successor 

9 regulation)); 

10 (D) reimbursement of funds expended by a 

11 State or local government during the period be12 ginning on January 21, 2020, and ending on 

13 the date that the first funds are disbursed by 

14 the State under the Fund, for the purpose of 

15 providing housing or utility assistance to indi16 viduals or otherwise providing funds to prevent 

17 foreclosure or eviction of a homeowner or pre18 vent mortgage delinquency or loss of housing or 

19 critical utilities as a response to the coronavirus 

20 disease 2019 (COVID–19) pandemic; and 

21 (E) any other assistance for homeowners 

22 to prevent eviction, mortgage delinquency or de23 fault, foreclosure, or the loss of essential utility 

24 services. 

25 (2) TARGETING.— 


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1 (A) REQUIREMENT.—Not less than 60 per2 cent of amounts made available for each State 

3 or other entity allocated amounts under sub4 section (c) shall be used for activities under 

5 paragraph (1) that assist homeowners having 

6 incomes equal to or less than 80 percent of the 

7 area median income. 

8 (B) DETERMINATION OF INCOME.— In de9 termining the income of a household for pur10 poses of this paragraph, income shall be consid11 ered to include only income that the household 

12 is receiving at the time of application for assist13 ance from the Fund and any income recently 

14 terminated shall not be included, except that for 

15 purposes of households receiving assistance for 

16 arrearages income shall include only the income 

17 that the household was receiving at the time 

18 such arrearages were incurred. 

19 (C) LANGUAGE ASSISTANCE.—Each State 

20 housing finance agency or other entity allocated 

21 amounts under subsection (c) shall make avail22 able to each applicant for assistance from 

23 amounts from the Fund language assistance in 

24 any language that such language assistance is 

25 available in and shall provide notice to each 


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1 such applicant that such language assistance is 

2 available. 

3 (3) ADMINISTRATIVE EXPENSES.—Not more 

4 than 15 percent of the amount allocated to a State 

5 pursuant to subsection (c) may be used by a State 

6 housing financing agency for administrative ex7 penses. Any amounts allocated to administrative ex8 penses that are no longer necessary for administra9 tive expenses may be used in accordance with para10 graph (1). 

11 (f) TRIBAL AND NATIVE HAWAIIAN ASSISTANCE.— 

12 (1) DEFINITIONS.—In this subsection: 

13 (A) DEPARTMENT OF HAWAIIAN HOME

14 LANDS.—The term ‘‘Department of Hawaiian 

15 Home Lands’’ has the meaning given the term 

16 in section 801 of the Native American Housing 

17 Assistance and Self-Determination Act of 1996 

18 (42 U.S.C. 4221). 

19 (B) ELIGIBLE RECIPIENT.—The term ‘‘eli20 gible recipient’’ means any entity eligible to re21 ceive a grant under section 101 of the Native 

22 American Housing Assistance and Self-Deter23 mination Act of 1996 (25 U.S.C. 4111). 

24 (2) REQUIREMENTS.— 


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1 (A) ALLOCATION.—Except for the funds 

2 set aside under subsection (c)(5)(B), the Sec3 retary shall allocate the funds set aside under 

4 subsection (c)(5)(A) using the allocation for5 mula described in subpart D of part 1000 of 

6 title 24, Code of Federal Regulations (or any 

7 successor regulations). 

8 (B) NATIVE HAWAIIANS.—The Secretary 

9 shall use the funds made available under sub10 section (c)(5)(B) in accordance with part 1006 

11 of title 24, Code of Federal Regulations (or suc12 cessor regulations). 

13 (3) TRANSFER.—The Secretary shall transfer 

14 any funds made available under subsection (c)(5) 

15 that have not been allocated by an eligible recipient 

16 or the Department of Hawaiian Home Lands, as ap17 plicable, to provide the assistance described in sub18 section (e)(1) by December 31, 2030, to the Sec19 retary of Housing and Urban Development to carry 

20 out the Native American Housing Assistance and 

21 Self-Determination Act of 1996 (25 U.S.C. 4101 et 

22 seq.). 

23 (g) FUNDING.—There is authorized to be appro24 priated to the Homeowner Assistance Fund established 

25 under subsection (b) $75,000,000,000, to remain available 


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1 until expended or transferred or credited under subsection 

2 (i). 

3 (h) USE OF HOUSING FINANCE AGENCY INNOVATION

4 FUND FOR THE HARDEST HIT HOUSING MARKETS

5 FUNDS.—A State housing finance agency may reallocate 

6 any administrative or programmatic funds it has received 

7 as an allocation from the Housing Finance Agency Inno8 vation Fund for the Hardest Hit Housing Markets created 

9 pursuant to section 101(a) of the Emergency Economic 

10 Stabilization Act of 2008 (12 U.S.C. 5211(a)) that have 

11 not been otherwise allocated or disbursed as of the date 

12 of enactment of this Act to supplement any administrative 

13 or programmatic funds received from the Housing Assist14 ance Fund. Such reallocated funds shall not be considered 

15 when allocating resources from the Housing Assistance 

16 Fund using the process established under subsection (c) 

17 and shall remain available for the uses permitted and 

18 under the terms and conditions established by the contract 

19 with Secretary created pursuant to subsection (d)(1) and 

20 the terms of subsection (i). 

21 (i) REPORTING REQUIREMENTS.—The Secretary 

22 shall provide public reports not less frequently than quar23 terly regarding the use of funds provided by the Home24 owner Assistance Fund. Such reports shall include the fol25 lowing data by State and by program within each State, 


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1 both for the past quarter and throughout the life of the 

2 program— 

3 (1) the amount of funds allocated; 

4 (2) the amount of funds disbursed; 

5 (3) the number of households and individuals 

6 assisted; 

7 (4) the acceptance rate of applicants; 

8 (5) the type or types of assistance provided to 

9 each household; 

10 (6) whether the household assisted had a feder11 ally backed loan and identification of the Federal en12 tity backing such loan; 

13 (7) the average amount of funding provided per 

14 household receiving assistance and per type of as15 sistance provided; 

16 (8) the average number of monthly payments 

17 that were covered by the funding amount that a 

18 household received, as applicable, disaggregated by 

19 type of assistance provided; 

20 (9) the income level of each household receiving 

21 assistance; and 

22 (10) the outcome 12 months after the house23 hold has received assistance. 

24 Each report under this subsection shall disaggregate the 

25 information provided under paragraphs (3) through (10) 


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1 by State, zip code, racial and ethnic composition of the 

2 household, and whether or not the person from the house3 hold applying for assistance speaks English as a second 

4 language. 

5 SEC. 103. PROTECTING RENTERS AND HOMEOWNERS FROM 

6 EVICTIONS AND FORECLOSURES. 

7 (a) EVICTION MORATORIUM.—The CARES Act is 

8 amended by striking section 4024 (15 U.S.C. 9058; Public 

9 Law 116–136; 134 Stat. 492) and inserting the following 

10 new section: 

11 ‘‘SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FIL12 INGS. 

13 ‘‘(a) CONGRESSIONAL FINDINGS.—The Congress 

14 finds that— 

15 ‘‘(1) according to the 2018 American Commu16 nity Survey, 36 percent of households in the United 

17 States—more than 43 million households—are rent18 ers; 

19 ‘‘(2) in 2019 alone, renters in the United States 

20 paid $512 billion in rent; 

21 ‘‘(3) according to the Joint Center for Housing 

22 Studies of Harvard University, 20.8 million renters 

23 in the United States spent more than 30 percent of 

24 their incomes on housing in 2018 and 10.9 million 


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1 renters spent more than 50 percent of their incomes 

2 on housing in the same year; 

3 ‘‘(4) according to data from the Department of 

4 Labor, more than 30 million people have filed for 

5 unemployment since the COVID-19 pandemic began; 

6 ‘‘(5) the impacts of the spread of COVID-19, 

7 which is now considered a global pandemic, are ex8 pected to negatively impact the incomes of poten9 tially millions of renter households, making it dif10 ficult for them to pay their rent on time; and 

11 ‘‘(6) evictions in the current environment would 

12 increase homelessness and housing instability which 

13 would be counterproductive towards the public 

14 health goals of keeping individuals in their homes to 

15 the greatest extent possible. 

16 ‘‘(b) MORATORIUM.—During the period beginning on 

17 the date of the enactment of this Act and ending 12 

18 months after such date of enactment, the lessor of a cov19 ered dwelling located in such State may not make, or 

20 cause to be made, any filing with the court of jurisdiction 

21 to initiate a legal action to recover possession of the cov22 ered dwelling from the tenant for nonpayment of rent or 

23 other fees or charges. 

24 ‘‘(c) DEFINITIONS.—For purposes of this section, the 

25 following definitions shall apply: 


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

2 dwelling’ means a dwelling that is occupied by a ten3 ant— 

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

5 ‘‘(B) without a lease or with a lease ter6 minable at will under State law. 

7 ‘‘(2) DWELLING.—The term ‘dwelling’ has the 

8 meaning given such term in section 802 of the Fair 

9 Housing Act (42 U.S.C. 3602) and includes houses 

10 and dwellings described in section 803(b) of such 

11 Act (42 U.S.C. 3603(b)). 

12 ‘‘(d) NOTICE TO VACATE AFTER MORATORIUM EXPI13 RATION DATE.—After the expiration of the period de14 scribed in subsection (b), the lessor of a covered dwelling 

15 may not require the tenant to vacate the covered dwelling 

16 by reason of nonpayment of rent or other fees or charges 

17 before the expiration of the 30-day period that begins 

18 upon the provision by the lessor to the tenant, after the 

19 expiration of the period described in subsection (b), of a 

20 notice to vacate the covered dwelling.’’. 

21 (b) MORTGAGE RELIEF.— 

22 (1) FORBEARANCE AND FORECLOSURE MORA23 TORIUM FOR COVERED MORTGAGE LOANS.—Section 

24 4022 of the CARES Act (15 U.S.C. 9056) is 

25 amended— 


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1 (A) by striking ‘‘Federally backed mort2 gage loan’’ each place such term appears and 

3 inserting ‘‘covered mortgage loan’’; and 

4 (B) in subsection (a)— 

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

6 as follows: 

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

8 ‘covered mortgage loan’ means any credit trans9 action that is secured by a mortgage, deed of trust, 

10 or other equivalent consensual security interest on a 

11 1- to 4-unit dwelling or on residential real property 

12 that includes a 1- to 4-unit dwelling, except that it 

13 shall not include a credit transaction under an open 

14 end credit plan other than a reverse mortgage.’’; and 

15 (ii) by adding at the end the fol16 lowing: 

17 ‘‘(3) COVERED PERIOD.—With respect to a 

18 loan, the term ‘covered period’ means the period be19 ginning on the date of enactment of this Act and 

20 ending 12 months after such date of enactment.’’. 

21 (2) AUTOMATIC FORBEARANCE FOR DELIN22 QUENT BORROWERS.—Section 4022(c) of the 

23 CARES Act (15 U.S.C. 9056(c)), as amended by 

24 paragraph (5) of this subsection, is further amended 

25 by adding at the end the following: 


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1 ‘‘(9) AUTOMATIC FORBEARANCE FOR DELIN2 QUENT BORROWERS.— 

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

4 other law governing forbearance relief— 

5 ‘‘(i) any borrower whose covered mort6 gage loan became 60 days delinquent be7 tween March 13, 2020, and the date of en8 actment of this paragraph, and who has 

9 not already received a forbearance under 

10 subsection (b), shall automatically be 

11 granted a 60-day forbearance that begins 

12 on the date of enactment of this para13 graph, provided that a borrower shall not 

14 be considered delinquent for purposes of 

15 this paragraph while making timely pay16 ments or otherwise performing under a 

17 trial modification or other loss mitigation 

18 agreement; and 

19 ‘‘(ii) any borrower whose covered 

20 mortgage loan becomes 60 days delinquent 

21 between the date of enactment of this 

22 paragraph and the end of the covered pe23 riod, and who has not already received a 

24 forbearance under subsection (b), shall 

25 automatically be granted a 60-day forbearVerDate Sep 11 2014 22:58 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H7301.RDS H7301

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1 ance that begins on the 60th day of delin2 quency, provided that a borrower shall not 

3 be considered delinquent for purposes of 

4 this paragraph while making timely pay5 ments or otherwise performing under a 

6 trial modification or other loss mitigation 

7 agreement. 

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

9 forbearance provided under subparagraph (A) 

10 shall be extended for up to an additional 120 

11 days upon the borrower’s request, oral or writ12 ten, submitted to the borrower’s servicer affirm13 ing that the borrower is experiencing a financial 

14 hardship that prevents the borrower from mak15 ing timely payments on the covered mortgage 

16 loan due, directly or indirectly, to the COVID– 

17 19 emergency. 

18 ‘‘(C) SUBSEQUENT EXTENSION.—A for19 bearance extended under subparagraph (B) 

20 shall be extended for up to an additional 180 

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

22 the period of automatic forbearance), upon the 

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

24 the borrower’s servicer affirming that the bor25 rower is experiencing a financial hardship that 


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1 prevents the borrower from making timely pay2 ments on the covered mortgage loan due, di3 rectly or indirectly, to the COVID–19 emer4 gency. 

5 ‘‘(D) RIGHT TO ELECT TO CONTINUE MAK6 ING PAYMENTS.—With respect to a forbearance 

7 provided under this paragraph, the borrower of 

8 such loan may elect to continue making regular 

9 payments on the loan. A borrower who makes 

10 such election shall be offered a loss mitigation 

11 option pursuant to subsection (d) within 30 

12 days of resuming regular payments to address 

13 any payment deficiency during the forbearance. 

14 ‘‘(E) RIGHT TO SHORTEN FORBEAR15 ANCE.—At a borrower’s request, any period of 

16 forbearance provided under this paragraph may 

17 be shortened. A borrower who makes such a re18 quest shall be offered a loss mitigation option 

19 pursuant to subsection (d) within 30 days of re20 suming regular payments to address any pay21 ment deficiency during the forbearance. 

22 ‘‘(10) AUTOMATIC FORBEARANCE FOR CERTAIN

23 REVERSE MORTGAGE LOANS.— 

24 ‘‘(A) IN GENERAL.—When any covered 

25 mortgage loan which is also a federally-insured 


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1 reverse mortgage loan, during the covered pe2 riod, is due and payable due to the death of the 

3 last borrower or end of a deferral period or eli4 gible to be called due and payable due to a 

5 property charge default, or if the borrower de6 faults on a property charge repayment plan, or 

7 if the borrower defaults for failure to complete 

8 property repairs, or if an obligation of the bor9 rower under the Security Instrument is not per10 formed, the mortgagee automatically shall be 

11 granted a six-month extension of— 

12 ‘‘(i) the mortgagee’s deadline to re13 quest due and payable status from the De14 partment of Housing and Urban Develop15 ment; 

16 ‘‘(ii) the mortgage’s deadline to send 

17 notification to the mortgagor or his or her 

18 heirs that the loan is due and payable; 

19 ‘‘(iii) the deadline to initiate fore20 closure; 

21 ‘‘(iv) any reasonable diligence period 

22 related to foreclosure or the Mortgagee Op23 tional Election; 

24 ‘‘(v) if applicable, the deadline to ob25 tain the due and payable appraisal; and 


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1 ‘‘(vi) any claim submission deadline, 

2 including the 6-month acquired property 

3 marketing period. 

4 ‘‘(B) FORBEARANCE PERIOD.—The mort5 gagee shall not request due and payable status 

6 from the Secretary of Housing and Urban De7 velopment nor initiate foreclosure during this 

8 six-month period described under subparagraph 

9 (A), which shall be considered a forbearance pe10 riod. 

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

12 under subparagraph (B) and related deadline 

13 extension authorized under subparagraph (A) 

14 shall be extended for an additional 180 days 

15 upon— 

16 ‘‘(i) the borrower’s request, oral or 

17 written, submitted to the borrower’s 

18 servicer affirming that the borrower is ex19 periencing a financial hardship that pre20 vents the borrower from making payments 

21 on property charges, completing property 

22 repairs, or performing an obligation of the 

23 borrower under the Security Instrument 

24 due, directly or indirectly, to the COVID– 

25 19 emergency; 


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1 ‘‘(ii) a non-borrowing spouse’s re2 quest, oral or written, submitted to the 

3 servicer affirming that the non-borrowing 

4 spouse has been unable to satisfy all cri5 teria for the Mortgagee Optional Election 

6 program due, directly or indirectly, to the 

7 COVID-19 emergency, or to perform all 

8 actions necessary to become an eligible 

9 non-borrowing spouse following the death 

10 of all borrowers; or 

11 ‘‘(iii) a successor-in-interest of the 

12 borrower’s request, oral or written, sub13 mitted to the servicer affirming the heir’s 

14 difficulty satisfying the reverse mortgage 

15 loan due, directly or indirectly, to the 

16 COVID-19 emergency. 

17 ‘‘(D) CURTAILMENT OF DEBENTURE IN18 TEREST.—Where any covered mortgage loan 

19 which is also a federally insured reverse mort20 gage loan is in default during the covered pe21 riod and subject to a prior event which provides 

22 for curtailment of debenture interest in connec23 tion with a claim for insurance benefits, the 

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1 pended during any forbearance period provided 

2 herein.’’. 

3 (3) ADDITIONAL FORECLOSURE AND REPOSSES4 SION PROTECTIONS.—Section 4022(c) of the 

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

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

7 initiate any judicial or non-judicial foreclosure 

8 process, move for a foreclosure judgment or 

9 order of sale, or execute a foreclosure-related 

10 eviction or foreclosure sale for not less than the 

11 60-day period beginning on March 18, 2020’’ 

12 and inserting ‘‘may not initiate or proceed with 

13 any judicial or non-judicial foreclosure process, 

14 schedule a foreclosure sale, move for a fore15 closure judgment or order of sale, execute a 

16 foreclosure related eviction or foreclosure sale 

17 for six months after the date of enactment of 

18 the Emergency Housing Protections and Relief 

19 Act of 2020’’; and 

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

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

22 of personal property, including any recreational or 

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

24 any judicial or non-judicial procedure to repossess or 


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1 otherwise take possession of such property for six 

2 months after date of enactment of this paragraph.’’. 

3 (4) MORTGAGE FORBEARANCE REFORMS.—Sec4 tion 4022 of the CARES Act (15 U.S.C. 9056) is 

5 amended— 

6 (A) in subsection (b), by striking para7 graphs (1), (2), and (3) and inserting the fol8 lowing: 

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

10 a borrower with a covered mortgage loan who has 

11 not obtained automatic forbearance pursuant to this 

12 section and who is experiencing a financial hardship 

13 that prevents the borrower from making timely pay14 ments on the covered mortgage loan due, directly or 

15 indirectly, to the COVID–19 emergency may request 

16 forbearance on the loan, regardless of delinquency 

17 status, by— 

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

19 writing, to the servicer of the loan; and 

20 ‘‘(B) affirming that the borrower is experi21 encing a financial hardship that prevents the 

22 borrower from making timely payments on the 

23 covered mortgage loan due, directly or indi24 rectly, to the COVID–19 emergency. 

25 ‘‘(2) DURATION OF FORBEARANCE.— 


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

2 borrower to a servicer for forbearance under 

3 paragraph (1), such forbearance shall be grant4 ed by the servicer for the period requested by 

5 the borrower, up to an initial length of 180 

6 days, the length of which shall be extended by 

7 the servicer, at the request of the borrower for 

8 the period or periods requested, for a total for9 bearance period of up to 12-months. 

10 ‘‘(B) MINIMUM FORBEARANCE

11 AMOUNTS.—For purposes of granting a forbear12 ance under this paragraph, a servicer may 

13 grant an initial forbearance with a term of not 

14 less than 90 days, provided that it is automati15 cally extended for an additional 90 days unless 

16 the servicer confirms the borrower does not 

17 want to renew the forbearance or that the bor18 rower is no longer experiencing a financial 

19 hardship that prevents the borrower from mak20 ing timely mortgage payments due, directly or 

21 indirectly, to the COVID–19 emergency. 

22 ‘‘(C) RIGHT TO SHORTEN FORBEAR23 ANCE.—At a borrower’s request, any period of 

24 forbearance described under this paragraph 

25 may be shortened. A borrower who makes such 


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1 a request shall be offered a loss mitigation op2 tion pursuant to subsection (d) within 30 days 

3 of resuming regular payments to address any 

4 payment deficiency during the forbearance. 

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

6 servicer shall not charge a borrower any fees, pen7 alties, or interest (beyond the amounts scheduled or 

8 calculated as if the borrower made all contractual 

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

10 mortgage contract) in connection with a forbearance, 

11 provided that a servicer may offer the borrower a 

12 modification option at the end of a forbearance pe13 riod granted hereunder that includes the capitaliza14 tion of past due principal and interest and escrow 

15 payments as long as the borrower’s principal and in16 terest payment under such modification remains at 

17 or below the contractual principal and interest pay18 ments owed under the terms of the mortgage con19 tract before such forbearance period except as the 

20 result of a change in the index of an adjustable rate 

21 mortgage. 

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

23 communication between a borrower and a servicer 

24 described under this section may be made in writing 

25 or orally, at the borrower’s choice. 


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1 ‘‘(5) COMMUNICATION WITH BORROWERS WITH

2 A DISABILITY.—Upon request from a borrower, 

3 servicers shall communicate with borrowers who 

4 have a disability in the borrower’s preferred method 

5 of communication. For purposes of this paragraph, 

6 the term ‘disability’ has the meaning given that term 

7 in the Fair Housing Act, the Americans with Dis8 abilities Act of 1990, or the Rehabilitation Act of 

9 1973.’’; and 

10 (B) in subsection (c), by amending para11 graph (1) to read as follows: 

12 ‘‘(1) NO DOCUMENTATION REQUIRED.—A 

13 servicer of a covered mortgage loan shall not require 

14 any documentation with respect to a forbearance 

15 under this section other than the borrower’s affirma16 tion (oral or written) to a financial hardship that 

17 prevents the borrower from making timely payments 

18 on the covered mortgage loan due, directly or indi19 rectly, to the COVID–19 emergency. An oral request 

20 for forbearance and oral affirmation of hardship by 

21 the borrower shall be sufficient for the borrower to 

22 obtain or extend a forbearance.’’. 

23 (5) OTHER SERVICER REQUIREMENTS DURING

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

25 (15 U.S.C. 9056(c)), as amended by paragraph (3) 


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1 of this subsection, is further amended by adding at 

2 the end the following: 

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

4 30 days of a servicer of a covered mortgage loan 

5 providing forbearance to a borrower under sub6 section (b) or paragraph (9) or (10), or 10 days if 

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

8 but only where the forbearance was provided in re9 sponse to a borrower’s request for forbearance or 

10 when an automatic forbearance was initially pro11 vided under paragraph (9) or (10), and not when an 

12 existing forbearance is automatically extended, the 

13 servicer shall provide the borrower with a notice in 

14 accordance with the terms in paragraph (5). 

15 ‘‘(5) CONTENTS OF NOTICE.—The written no16 tice required under paragraph (4) shall state in 

17 plain language— 

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

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

20 forbearance; 

21 ‘‘(C) that the borrower is eligible for up to 

22 12 months of forbearance; 

23 ‘‘(D) that the borrower may request an ex24 tension of the forbearance unless the borrower 


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1 will have reached the maximum period at the 

2 end of the forbearance; 

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

4 the initial or extended period be shortened at 

5 any time; 

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

7 servicer before the end of the forbearance pe8 riod; 

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

10 options that may be available to the borrower at 

11 the end of the forbearance period based on the 

12 borrower’s specific loan; 

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

14 counseling agency approved by the Department 

15 of Housing and Urban Development; 

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

17 pursuant to paragraph (9) or (10), that the for18 bearance was automatically provided and how 

19 to contact the servicer to make arrangements 

20 for further assistance, including any renewal; 

21 and 

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

23 is subject to an automatic extension including 

24 the terms of any such automatic extensions and 


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1 when any further extension would require a bor2 rower request. 

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

4 During any forbearance provided under this section, 

5 a servicer shall pay or advance funds to make dis6 bursements in a timely manner from any escrow ac7 count established on the covered mortgage loan. 

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

9 the period that begins 90 days after the date of the 

10 enactment of this paragraph and ends at the end of 

11 the covered period, each servicer of a covered mort12 gage loan shall be required to— 

13 ‘‘(A) make available in a clear and con14 spicuous manner on their webpage accurate in15 formation, in English and Spanish, for bor16 rowers regarding the availability of forbearance 

17 as provided under subsection (b); and 

18 ‘‘(B) notify every borrower whose pay19 ments on a covered mortgage loan are delin20 quent in any oral communication with or to the 

21 borrower that the borrower may be eligible to 

22 request forbearance as provided under sub23 section (b), except that such notice shall not be 

24 required if the borrower already has requested 

25 forbearance under subsection (b). 


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

2 long as a borrower’s payment on a covered mortgage 

3 loan was not more than 30 days delinquent on 

4 March 13, 2020, a servicer may not deem the bor5 rower as delinquent while a forbearance granted 

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

7 application of sections 6 and 10 of the Real Estate 

8 Settlement Procedures Act and any applicable regu9 lations.’’. 

10 (6) POST-FORBEARANCE LOSS MITIGATION.— 

11 (A) AMENDMENT TO CARES ACT.—Section 

12 4022 of the CARES Act (15 U.S.C. 9056) is 

13 amended by adding at the end the following: 

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

15 ‘‘(1) NOTICE OF AVAILABILITY OF ADDITIONAL

16 FORBEARANCE.—With respect to any covered mort17 gage loan as to which forbearance under this section 

18 has been granted and not otherwise extended, in19 cluding by automatic extension, a servicer shall, no 

20 later than 30 days before the end of the forbearance 

21 period, in writing, notify the borrower that addi22 tional forbearance may be available and how to re23 quest such forbearance, except that no such notice 

24 is required where the borrower already has requested 

25 an extension of the forbearance period, is subject to 


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1 automatic extension pursuant to subsection 

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

3 ‘‘(2) LOSS MITIGATION OFFER BEFORE EXPIRA4 TION OF FORBEARANCE.—No later than 30 days be5 fore the end of any forbearance period that has not 

6 been extended or 30 days after a request by a con7 sumer to terminate the forbearance, which time shall 

8 be before the servicer initiates or engages in any 

9 foreclosure activity listed in subsection (c)(2), in10 cluding incurring or charging to a borrower any fees 

11 or corporate advances related to a foreclosure, the 

12 servicer shall, in writing— 

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

14 option, without the charging of any fees or pen15 alties other than interest, such that the bor16 rower’s principal and interest payment remains 

17 the same as it was prior to the forbearance, 

18 subject to any adjustment of the index pursuant 

19 to the terms of an adjustable rate mortgage, 

20 and that either— 

21 ‘‘(i) defers the payment of total ar22 rearages, including any escrow advances, 

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

24 without the charging or collection of any 


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1 additional interest on the deferred 

2 amounts; or 

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

4 loan, and capitalizes, defers, or forgives all 

5 escrow advances and other arrearages; 

6 provided, however, that the servicer may offer 

7 the borrower a loss mitigation option that re8 duces the principal and interest payment on the 

9 loan and capitalizes, defers, or forgives all es10 crow advances or arrearages if the servicer has 

11 information indicating that the borrower cannot 

12 resume the pre-forbearance mortgage payments; 

13 and 

14 ‘‘(B) concurrent with the loss mitigation 

15 offer in subparagraph (A), notify the borrower 

16 that the borrower has the right to be evaluated 

17 for other loss mitigation options if the borrower 

18 is not able to make the payment under the op19 tion offered in subparagraph (A). 

20 ‘‘(3) EVALUATION FOR LOSS MITIGATION PRIOR

21 TO FORECLOSURE INITIATION.—Before a servicer 

22 may initiate or engage in any foreclosure activity 

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

24 charging to a borrower any fees or corporate ad25 vances related to a foreclosure on the basis that the 


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1 borrower has failed to perform under the loss miti2 gation offer in paragraph (2)(A) within the first 90 

3 days after the option is offered, including a failure 

4 to accept the loss mitigation offer in paragraph 

5 (2)(A), the servicer shall— 

6 ‘‘(A) unless the borrower has already sub7 mitted a complete application that the servicer 

8 is reviewing— 

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

10 the documents and information, if any, 

11 needed by the servicer to enable the 

12 servicer to consider the borrower for all 

13 available loss mitigation options; 

14 ‘‘(ii) exercise reasonable diligence to 

15 obtain the documents and information 

16 needed to complete the borrower’s loss 

17 mitigation application; 

18 ‘‘(B) upon receipt of a complete applica19 tion or if, despite the servicer’s exercise of rea20 sonable diligence, the loss mitigation application 

21 remains incomplete sixty days after the notice 

22 in paragraph (2)(A) is sent, conduct an evalua23 tion of the complete or incomplete loss mitiga24 tion application without reference to whether 

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1 plete loss mitigation application and offer the 

2 borrower all available loss mitigation options for 

3 which the borrower qualifies under applicable 

4 investor guidelines, including guidelines regard5 ing required documentation. 

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

7 MITIGATION REVIEW.—An application, offer, or eval8 uation for loss mitigation under this section shall 

9 not be the basis for the denial of a borrower’s appli10 cation as duplicative or for a reduction in the bor11 rower’s appeal rights under Regulation X (12 CFR 

12 1024) in regard to any loss mitigation application 

13 submitted after the servicer has complied with the 

14 requirements of paragraphs (2) and (3). 

15 ‘‘(5) SAFE HARBOR.—Any loss mitigation op16 tion authorized by the Federal National Mortgage 

17 Association, the Federal Home Loan Corporation, or 

18 the Federal Housing Administration that either— 

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 shall be deemed to comply with the requirements of 

6 paragraph (1)(B). 

7 ‘‘(6) HOME RETENTION OPTIONS FOR CERTAIN

8 REVERSE MORTGAGE LOANS.— 

9 ‘‘(A) IN GENERAL.—For a covered mort10 gage loan which is also a federally-insured re11 verse mortgage loan, a servicer’s conduct shall 

12 be deemed to comply with this section provided 

13 that if the loan is eligible to be called due and 

14 payable due to a property charge default, the 

15 mortgagee shall, as a precondition to sending a 

16 due and payable request to the Secretary or ini17 tiating or continuing a foreclosure process— 

18 ‘‘(i) make a good faith effort to com19 municate with the borrower regarding 

20 available home retention options to cure 

21 the property charge default, including en22 couraging the borrower to apply for home 

23 retention options; and 


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1 ‘‘(ii) consider the borrower for all 

2 available home retention options as allowed 

3 by the Secretary. 

4 ‘‘(B) PERMISSIBLE REPAYMENT PLANS.— 

5 The Secretary shall amend its allowable home 

6 retention options to permit a repayment plan of 

7 up to 120 months in length, and to permit a re8 payment plan without regard to prior defaults 

9 on repayment plans. 

10 ‘‘(C) LIMITATION ON INTEREST CURTAIL11 MENT.—The Secretary may not curtail interest 

12 paid to mortgagees who engage in loss mitiga13 tion or home retention actions through interest 

14 curtailment during such loss mitigation or home 

15 retention review or during the period when a 

16 loss mitigation or home retention plan is in ef17 fect and ending 90 days after any such plan 

18 terminates.’’. 

19 (B) AMENDMENT TO HOUSING ACT OF

20 1949.—Section 505 of the Housing Act of 1949 

21 (42 U.S.C. 1475) is amended— 

22 (i) by striking the section heading and 

23 inserting ‘‘LOSS MITIGATION AND FORE24 CLOSURE PROCEDURES’’; 


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

2 section designation and all that follows 

3 through ‘‘During any’’ and inserting the 

4 following: 

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

6 borrower’s eligibility for relief, the Secretary shall make 

7 all eligibility decisions based on the borrower’s household’s 

8 income, expenses, and circumstances. 

9 ‘‘(2) During any’’. 

10 (iii) by redesignating subsection (b) as 

11 subsection (c); and 

12 (iv) by inserting after subsection (a) 

13 the following new subsection: 

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

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

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

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

18 from the date of such modification. 

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

20 under this section or under the Emergency Housing Pro21 tections and Relief Act of 2020, the Secretary shall deter22 mine whether the borrower can reasonably resume making 

23 principal and interest payments after the Secretary modi24 fies the borrower’s loan obligations in accordance with 

25 paragraph (1).’’. 


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1 (7) MULTIFAMILY MORTGAGE FORBEARANCE.— 

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

3 is amended— 

4 (A) by striking ‘‘Federally backed multi5 family mortgage loan’’ each place such term ap6 pears and inserting ‘‘multifamily mortgage 

7 loan’’; 

8 (B) in subsection (b), by striking ‘‘during’’ 

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

10 (C) in subsection (c)(1)— 

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

12 ‘‘and’’ at the end; 

13 (ii) by striking subparagraphs (B) and 

14 (C) and inserting the following: 

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

16 end of the period described under section 

17 4024(b).’’; and 

18 (D) by redesignating subsection (f) as sub19 section (g); 

20 (E) by inserting after subsection (e) the 

21 following: 

22 ‘‘(f) TREATMENT AFTER FORBEARANCE.—With re23 spect to a multifamily mortgage loan provided a forbear24 ance under this section, the servicer of such loan— 


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1 ‘‘(1) shall provide the borrower with a 12- 

2 month period beginning at the end of such forbear3 ance to become current on the payments under such 

4 loan; 

5 ‘‘(2) may not charge any late fees, penalties, or 

6 other charges with respect to payments on the loan 

7 that were due during the forbearance period, if such 

8 payments are made before the end of the 12-month 

9 period; and 

10 ‘‘(3) may not report any adverse information to 

11 a credit rating agency (as defined under section 603 

12 of the Fair Credit Reporting Act with respect to any 

13 payments on the loan that were due during the for14 bearance period, if such payments are made before 

15 the end of the 12-month period.).’’; and 

16 (F) in subsection (g), as so redesignated— 

17 (i) in paragraph (2)— 

18 (I) by striking ‘‘that—’’ and all 

19 that follows through ‘‘(A) is secured 

20 by’’ and inserting ‘‘that is secured 

21 by’’; 

22 (II) by striking ‘‘; and’’ and in23 serting a period; and 

24 (III) by striking subparagraph 

25 (B); and 


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1 (ii) by amending paragraph (5) to 

2 read as follows: 

3 ‘‘(5) COVERED PERIOD.—With respect to a 

4 loan, the term ‘covered period’ has the meaning 

5 given that term under section 4022(a)(3).’’. 

6 (8) RENTER PROTECTIONS DURING FORBEAR7 ANCE PERIOD.—A borrower that receives a forbear8 ance pursuant to section 4022 or 4023 of the 

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

10 the duration of the forbearance— 

11 (A) evict or initiate the eviction of a tenant 

12 solely for nonpayment of rent or other fees or 

13 charges; or 

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

15 other charges to a tenant for late payment of 

16 rent. 

17 (9) EXTENSION OF GSE PATCH.— 

18 (A) NON-APPLICABILITY OF EXISTING

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

20 12, Code of Federal Regulations, shall have no 

21 force or effect. 

22 (B) EXTENDED SUNSET.—The special 

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

24 of Federal Regulations, shall apply to covered 

25 transactions consummated prior to June 1, 


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1 2022, or such later date as the Director of the 

2 Bureau of Consumer Financial Protection may 

3 determine, by rule. 

4 (10) SERVICER SAFE HARBOR FROM INVESTOR

5 LIABILITY.— 

6 (A) SAFE HARBOR.— 

7 (i) IN GENERAL.—A servicer of cov8 ered mortgage loans or multifamily mort9 gage loans shall be deemed not to have vio10 lated any duty or contractual obligation 

11 owed to investors or other parties regard12 ing such mortgage loans on account of of13 fering or implementing in good faith for14 bearance during the covered period or of15 fering or implementing in good faith post16 forbearance loss mitigation (including after 

17 the expiration of the covered period) in ac18 cordance with the terms of sections 4022 

19 and 4023 of the CARES Act to borrowers, 

20 respectively, on covered or multifamily 

21 mortgage loans that it services and shall 

22 not be liable to any party who is owed such 

23 a duty or obligation or subject to any in24 junction, stay, or other equitable relief to 

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1 plementation of forbearance or post-for2 bearance loss mitigation. 

3 (ii) OTHER PERSONS.—Any person, 

4 including a trustee of a securitization vehi5 cle or other party involved in a 

6 securitization or other investment vehicle, 

7 who in good faith cooperates with a 

8 servicer of covered or multifamily mortgage 

9 loans held by that securitization or invest10 ment vehicle to comply with the terms of 

11 section 4022 and 4023 of the CARES Act, 

12 respectively, to borrowers on covered or 

13 multifamily mortgage loans owned by the 

14 securitization or other investment vehicle 

15 shall not be liable to any party who is owed 

16 such a duty or obligation or subject to any 

17 injunction, stay, or other equitable relief to 

18 such party on account of its cooperation 

19 with an offer or implementation of forbear20 ance during the covered period or post-for21 bearance loss mitigation, including after 

22 the expiration of the covered period. 

23 (B) STANDARD INDUSTRY PRACTICE.— 

24 During the covered period, notwithstanding any 

25 contractual restrictions, it is deemed to be 


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1 standard industry practice for a servicer to 

2 offer forbearance or loss mitigation options in 

3 accordance with the terms of sections 4022 and 

4 4023 of the CARES Act to borrowers, respec5 tively, on all covered or multifamily mortgage 

6 loans it services. 

7 (C) RULE OF CONSTRUCTION.—Nothing in 

8 this paragraph may be construed as affecting 

9 the liability of a servicer or other person for ac10 tual fraud in the servicing of a mortgage loan 

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

12 (D) DEFINITIONS.—In this paragraph: 

13 (i) COVERED MORTGAGE LOAN.—The 

14 term ‘‘covered mortgage loan’’ has the 

15 meaning given that term under section 

16 4022(a) of the CARES Act. 

17 (ii) COVERED PERIOD.—The term 

18 ‘‘covered period’’ has the meaning given 

19 that term under section 4023(g) of the 

20 CARES Act. 

21 (iii) MULTIFAMILY MORTGAGE

22 LOAN.—The term ‘‘multifamily mortgage 

23 loan’’ has the meaning given that term 

24 under section 4023(g) of the CARES Act. 


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1 (iv) SERVICER.—The term 

2 ‘‘servicer’’— 

3 (I) has the meaning given the 

4 term under section 6(i) of the Real 

5 Estate Settlement Procedures Act of 

6 1974 (12 U.S.C. 2605(i)); and 

7 (II) means a master servicer and 

8 a subservicer, as such terms are de9 fined, respectively, under section 

10 1024.31 of title 12, Code of Federal 

11 Regulations. 

12 (v) SECURITIZATION VEHICLE.—The 

13 term ‘‘securitization vehicle’’ has the 

14 meaning give that term under section 

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

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

17 (c) BANKRUPTCY PROTECTIONS.— 

18 (1) BANKRUPTCY PROTECTIONS FOR FEDERAL

19 CORONAVIRUS RELIEF PAYMENTS.—Section 541(b) 

20 of title 11, United States Code, is amended— 

21 (A) in paragraph (9), in the matter fol22 lowing subparagraph (B), by striking ‘‘or’’; 

23 (B) in paragraph (10)(C), by striking the 

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


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1 (C) by inserting after paragraph (10) the 

2 following: 

3 ‘‘(11) payments made under Federal law relat4 ing to the national emergency declared by the Presi5 dent under the National Emergencies Act (50 

6 U.S.C. 1601 et seq.) with respect to the coronavirus 

7 disease 2019 (COVID–19).’’. 

8 (2) PROTECTION AGAINST DISCRIMINATORY

9 TREATMENT OF HOMEOWNERS IN BANKRUPTCY.— 

10 Section 525 of title 11, United States Code, is 

11 amended by adding at the end the following: 

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

13 assistance, or loan modification relief made available to 

14 borrowers by a mortgage creditor or servicer because the 

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

16 in a case under this title.’’. 

17 (3) INCREASING THE HOMESTEAD EXEMP18 TION.—Section 522 of title 11, United States Code, 

19 is amended— 

20 (A) in subsection (d)(1), by striking 

21 ‘‘$15,000’’ and inserting ‘‘$100,000’’; and 

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

23 ‘‘(r) Notwithstanding any other provision of applica24 ble nonbankruptcy law, a debtor in any State may exempt 

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1 section (d)(1) not to exceed the value in subsection (d)(1) 

2 if the exemption for such property permitted by applicable 

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

4 (4) EFFECT OF MISSED MORTGAGE PAYMENTS

5 ON DISCHARGE.—Section 1328 of title 11, United 

6 States Code, is amended by adding at the end the 

7 following: 

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

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

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

11 of a debt secured by real property. 

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

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

14 all debts provided for in the plan that are dischargeable 

15 under subsection (a) if the debtor— 

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

17 plan for at least 1 year; and 

18 ‘‘(2) is experiencing or has experienced a mate19 rial financial hardship due, directly or indirectly, to 

20 the coronavirus disease 2019 (COVID–19) pan21 demic.’’. 

22 (5) EXPANDED ELIGIBILITY FOR CHAPTER

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

24 is amended— 


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1 (A) by striking ‘‘$250,000’’ each place the 

2 term appears and inserting ‘‘$850,000’’; and 

3 (B) by striking ‘‘$750,000’’ each place the 

4 term appears and inserting ‘‘$2,600,000’’. 

5 (6) EXTENDED CURE PERIOD FOR HOME6 OWNERS HARMED BY COVID–19 PANDEMIC.— 

7 (A) IN GENERAL.—Chapter 13 of title 11, 

8 United States Code, is amended by adding at 

9 the end thereof the following: 

10 ‘‘§ 1331. Special provisions related to COVID–19 pan11 demic 

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

13 section 1322, if the debtor is experiencing or has experi14 enced a material financial hardship due, directly or indi15 rectly, to the coronavirus disease 2019 (COVID–19) pan16 demic, a plan may provide for the curing of any default 

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

18 time that the first payment under the original confirmed 

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

20 is pending on any unsecured claim or secured claim on 

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

22 time. Any such plan provision shall not affect the applica23 ble commitment period under section 1325(b). 

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

25 any cure or maintenance payments under subsection (a) 


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

2 the plan provides for payments (other than payments 

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

4 under the plan. 

5 ‘‘(c) Notwithstanding section 1329(c), a plan modi6 fied under section 1329 at the debtor’s request may pro7 vide for cure or maintenance payments under subsection 

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

9 the time that the first payment under the original con10 firmed plan was due. 

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

12 period after the debtor receives a discharge and the period 

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

14 and maintenance of payments under the plan, section 

15 362(a) shall apply to the holder of a claim for which a 

16 default is cured and payments are maintained under sub17 section (a) and to any property securing such claim. 

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

19 section 1301(a) terminates upon the granting of a dis20 charge under section 1328 with respect to all creditors 

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

22 cured and payments are maintained under subsection 

23 (a).’’. 

24 (B) TABLE OF CONTENTS.—The table of 

25 sections of chapter 13, title 11, United States 


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1 Code, is amended by adding at the end thereof 

2 the following: 

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

3 (C) APPLICATION.—The amendments 

4 made by this paragraph shall apply only to any 

5 case under title 11, United States Code, com6 menced before 3 years after the date of enact7 ment of this Act and pending on or commenced 

8 after such date of enactment, in which a plan 

9 under chapter 13 of title 11, United States 

10 Code, was not confirmed before March 27, 

11 2020. 

12 SEC. 104. LIQUIDITY FOR MORTGAGE SERVICERS AND RESI13 DENTIAL RENTAL PROPERTY OWNERS. 

14 (a) IN GENERAL.—Section 4003 of the CARES Act 

15 (15 U.S.C. 9042), is amended by adding at the end the 

16 following: 

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

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

19 the Secretary shall ensure that servicers of covered 

20 mortgage loans (as defined under section 4022) and 

21 multifamily mortgage loans (as defined under sec22 tion 4023) are provided the opportunity to partici23 pate in the loans, loan guarantees, or other invest24 ments made by the Secretary under this section. The 

25 Secretary shall ensure that servicers are provided 


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1 with access to such opportunities under equitable 

2 terms and conditions regardless of their size. 

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

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

5 a mortgage servicer shall— 

6 ‘‘(A) demonstrate that the mortgage 

7 servicer has established policies and procedures 

8 to use such funds only to replace funds used for 

9 borrower assistance, including to advance funds 

10 as a result of forbearance or other loss mitiga11 tion provided to borrowers; 

12 ‘‘(B) demonstrate that the mortgage 

13 servicer has established policies and procedures 

14 to provide forbearance, post-forbearance loss 

15 mitigation, and other assistance to borrowers in 

16 compliance with the terms of section 4022 or 

17 4023, as applicable; 

18 ‘‘(C) demonstrate that the mortgage 

19 servicer has established policies and procedures 

20 to ensure that forbearance and post-forbearance 

21 assistance is available to all borrowers in a non22 discriminatory fashion and in compliance with 

23 the Fair Housing Act, the Equal Credit Oppor24 tunity Act, and other applicable fair housing 

25 and fair lending laws; and 


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1 ‘‘(D) comply with the limitations on com2 pensation set forth in section 4004. 

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

4 mortgage servicer receiving assistance under sub5 section (b)(4) may not, while the servicer is under 

6 any obligation to repay funds provided or guaran7 teed under this section— 

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

9 common stock of the mortgage servicer or pur10 chase an equity security of the mortgage 

11 servicer or any parent company of the mortgage 

12 servicer if the security is listed on a national se13 curities exchange, except to the extent required 

14 under a contractual obligation that is in effect 

15 on the date of enactment of this subsection; or 

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

17 (b) CREDIT FACILITY FOR RESIDENTIAL RENTAL

18 PROPERTY OWNERS.— 

19 (1) IN GENERAL.—The Board of Governors of 

20 the Federal Reserve System shall— 

21 (A) establish a facility, using amounts 

22 made available under section 4003(b)(4) of the 

23 CARES Act (15 U.S.C. 9042(b)(4)), to make 

24 long-term, low-cost loans to residential rental 

25 property owners as to temporarily compensate 


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1 such owners for documented financial losses 

2 caused by reductions in rent payments; and 

3 (B) defer such owners’ required payments 

4 on such loans until after six months after the 

5 date of enactment of this Act. 

6 (2) REQUIREMENTS.—A borrower that receives 

7 a loan under this subsection may not, for the dura8 tion of the loan— 

9 (A) evict or initiate the eviction of a tenant 

10 solely for nonpayment of rent or other fees or 

11 charges; 

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

13 other charges to a tenant for late payment of 

14 rent; and 

15 (C) with respect to a person or entity de16 scribed under paragraph (4), discriminate on 

17 the basis of source of income. 

18 (3) REPORT ON RESIDENTIAL RENTAL PROP19 ERTY OWNERS.—The Board of Governors shall issue 

20 a report to the Congress containing the following, 

21 with respect to each property owner receiving a loan 

22 under this subsection: 

23 (A) The number of borrowers that received 

24 assistance under this subsection. 


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1 (B) The average total loan amount that 

2 each borrower received. 

3 (C) The total number of rental units that 

4 each borrower owned. 

5 (D) The average rent charged by each bor6 rower. 

7 (4) REPORT ON LARGE RESIDENTIAL RENTAL

8 PROPERTY OWNERS.—The Board of Governors shall 

9 issue a report to Congress that identifies any person 

10 or entity that in aggregate owns or holds a control11 ling interest in any entity that, in aggregate, owns— 

12 (A) more than 100 rental units that are lo13 cated within in a single Metropolitan Statistical 

14 Area; 

15 (B) more than 1,000 rental units nation16 wide; or 

17 (C) rental units in three or more States. 

18 (c) AMENDMENTS TO NATIONAL HOUSING ACT.— 

19 Section 306(g)(1) of the National Housing Act (12 U.S.C. 

20 1721(a)) is amended— 

21 (1) in the fifth sentence, by inserting after 

22 ‘‘issued’’ the following: ‘‘, subject to any pledge or 

23 grant of security interest of the Federal Reserve 

24 under section 4003(a) of the CARES Act (Public 

25 Law 116–136; 134 Stat. 470; 15 U.S.C. 9042(a)) 


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1 and to any such mortgage or mortgages or any in2 terest therein and the proceeds thereon, which the 

3 Association may elect to approve’’; and 

4 (2) in the sixth sentence— 

5 (A) by striking ‘‘or (C)’’ and inserting 

6 ‘‘(C)’’; and 

7 (B) by inserting before the period the fol8 lowing: ‘‘, or (D) its approval and honoring of 

9 any pledge or grant of security interest of the 

10 Federal Reserve under section 4003(a) of the 

11 CARES Act and to any such mortgage or mort12 gages or any interest therein and proceeds 

13 thereon as’’. 

14 SEC. 105. RURAL RENTAL ASSISTANCE. 

15 There is authorized to be appropriated for fiscal year 

16 2020 $309,000,000 for rural rental assistance, which shall 

17 remain available until September 30, 2021, of which— 

18 (1) up to $25,000,000 may be used for an addi19 tional amount for rural housing vouchers for any 

20 low-income households (including those not receiving 

21 rental assistance) residing in a property financed 

22 with a section 515 loan which has been prepaid after 

23 September 30, 2005, or has matured after Sep24 tember 30, 2019; and 


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1 (2) the remainder shall be used for an addi2 tional amount for rural rental assistance agreements 

3 entered into or renewed pursuant to section 

4 521(a)(2) of the Housing Act of 1949 (42 U.S.C. 

5 1490a(a)(2)) to— 

6 (A) supplement the rental assistance of 

7 households on whose behalf assistance is being 

8 provided; and 

9 (B) provide rental assistance on behalf of 

10 households who are not being assisted with such 

11 rental assistance but who qualify for such as12 sistance. 

13 SEC. 106. FUNDING FOR PUBLIC HOUSING AND TENANT14 BASED RENTAL ASSISTANCE. 

15 (a) PUBLIC HOUSING OPERATING FUND.—There is 

16 authorized to be appropriated for an additional amount 

17 for fiscal year 2020 for the Public Housing Operating 

18 Fund under section 9(e) of the United States Housing Act 

19 of 1937 (42 U.S.C. 1437g(e)) $2,000,000,000, to remain 

20 available until September 30, 2021. 

21 (b) TENANT-BASED SECTION 8 RENTAL ASSIST22 ANCE.—There is authorized to be appropriated for an ad23 ditional amount for fiscal year 2020 for the tenant-based 

24 rental assistance under section 8(o) of the United States 

25 Housing Act of 1937 (42 U.S.C. 1437f(o)) 


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1 $3,000,000,000, to remain available until September 30, 

2 2021, of which not more than $500,000,000 may be used 

3 for administrative fees under section 8(q) of such Act (42 

4 U.S.C. 1437f(q)). 

5 (c) APPLICABILITY OF WAIVERS.—Any waiver or al6 ternative requirement made by the Secretary of Housing 

7 and Urban Development pursuant to the heading ‘‘Ten8 ant-Based Rental Assistance’’ or ‘‘Public Housing Oper9 ating Fund’’ in title XII of division B of the CARES Act 

10 (Public Law 116–136) shall apply with respect to amounts 

11 made available pursuant to this section. 

12 SEC. 107. SUPPLEMENTAL FUNDING FOR SUPPORTIVE 

13 HOUSING FOR THE ELDERLY, SUPPORTIVE 

14 HOUSING FOR PERSONS WITH DISABILITIES, 

15 SUPPORTIVE HOUSING FOR PERSONS WITH 

16 AIDS, AND PROJECT-BASED SECTION 8 RENT17 AL ASSISTANCE. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated $500,000,000 for fiscal year 

20 2020 for additional assistance for supportive housing for 

21 the elderly, of which— 

22 (1) $200,000,000 shall be for rental assistance 

23 under section 202 of the Housing Act of 1959 (12 

24 U.S.C. 1701q) or section 8 of the United States 

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1 priate, and for hiring additional staff and for serv2 ices and costs, including acquiring personal protec3 tive equipment, to prevent, prepare for, or respond 

4 to the public health emergency relating to 

5 Coronavirus Disease 2019 (COVID-19) pandemic; 

6 and 

7 (2) $300,000,000 shall be for grants under sec8 tion 676 of the Housing and Community Develop9 ment Act of 1992 (42 U.S.C. 13632) for costs of 

10 providing service coordinators for purposes of coordi11 nating services to prevent, prepare for, or respond to 

12 the public health emergency relating to Coronavirus 

13 Disease 2019 (COVID-19). 

14 Any provisions of, and waivers and alternative require15 ments issued by the Secretary pursuant to, the heading 

16 ‘‘Department of Housing and Urban Development—Hous17 ing Programs—Housing for the Elderly’’ in title XII of 

18 division B of the CARES Act (Public Law 116–136) shall 

19 apply with respect to amounts made available pursuant 

20 to this subsection.

21 (b) ELIGIBILITY OF SUPPORTIVE HOUSING FOR PER22 SONS WITH DISABILITIES.—Subsection (a) of section 676 

23 of the Housing and Community Development Act of 1992 

24 (42 U.S.C. 13632(a)) shall be applied, for purposes of 


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1 subsection (a) of this section, by substituting ‘‘(G), and 

2 (H)’’ for ‘‘ and (G)’’. 

3 (c) SERVICE COORDINATORS.— 

4 (1) HIRING.—In the hiring of staff using 

5 amounts made available pursuant to this section for 

6 costs of providing service coordinators, grantees 

7 shall consider and hire, at all levels of employment 

8 and to the greatest extent possible, a diverse staff, 

9 including by race, ethnicity, gender, and disability 

10 status. Each grantee shall submit a report to the 

11 Secretary of Housing and Urban Development de12 scribing compliance with the preceding sentence not 

13 later than the expiration of the 120-day period that 

14 begins upon the termination of the emergency de15 clared on March 13, 2020, by the President under 

16 the Robert T. Stafford Disaster Relief and Emer17 gency Assistance Act (42 U.S.C. 4121 et seq.) relat18 ing to the Coronavirus Disease 2019 (COVID-19) 

19 pandemic. 

20 (2) ONE-TIME GRANTS.—Grants made using 

21 amounts made available pursuant to subsection (a) 

22 for costs of providing service coordinators shall not 

23 be renewable. 

24 (3) ONE-YEAR AVAILABILITY.—Any amounts 

25 made available pursuant to this section for costs of 


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1 providing service coordinators that are allocated for 

2 a grantee and remain unexpended upon the expira3 tion of the 12-month period beginning upon such al4 location shall be recaptured by the Secretary. 

5 (d) FUNDING FOR SUPPORTIVE HOUSING FOR PER6 SONS WITH DISABILITIES.—There is authorized to be ap7 propriated $200,000,000 for fiscal year 2020 for addi8 tional assistance for supportive housing for persons with 

9 disabilities under section 811 of the Cranston-Gonzalez 

10 National Affordable Housing Act (42 U.S.C. 8013). Any 

11 provisions of, and waivers and alternative requirements 

12 issued by the Secretary pursuant to, the heading ‘‘Depart13 ment of Housing and Urban Development—Housing Pro14 grams—Housing for Persons With Disabilities’’ in title 

15 XII of division B of the CARES Act (Public Law 116– 

16 136) shall apply with respect to amounts made available 

17 pursuant to this subsection. 

18 (e) FUNDING FOR HOUSING OPPORTUNITIES FOR

19 PEOPLE WITH AIDS PROGRAM.—There is authorized to 

20 be appropriated $15,000,000 for fiscal year 2020 for addi21 tional assistance for the Housing Opportunities for Per22 sons with AIDS program under the AIDS Housing Oppor23 tunity Act (42 U.S.C. 12901 et seq.). Any provisions of, 

24 and waivers and alternative requirements issued by the 

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1 ing and Urban Development—Community Planning and 

2 Development—Housing Opportunities for Persons With 

3 AIDS’’ in title XII of division B of the CARES Act (Pub4 lic Law 116–136) shall apply with respect to amounts 

5 made available pursuant to this subsection. 

6 (f) FUNDING FOR PROJECT-BASED SECTION 8 

7 RENTAL ASSISTANCE.—There is authorized to be appro8 priated $750,000,000 for fiscal year 2020 for additional 

9 assistance for project-based rental assistance under sec10 tion 8 of the United States Housing Act of 1937 (42 

11 U.S.C. 1437f). Any provisions of, and waivers and alter12 native requirements issued by the Secretary pursuant to, 

13 the heading ‘‘Department of Housing and Urban Develop14 ment—Housing Programs—Project-Based Rental Assist15 ance’’ in title XII of division B of the CARES Act (Public 

16 Law 116–136) shall apply with respect to amounts made 

17 available pursuant to this subsection. 

18 SEC. 108. FAIR HOUSING. 

19 (a) DEFINITION OF COVID–19 EMERGENCY PE20 RIOD.— For purposes of this Act, the term ‘‘COVID–19 

21 emergency period’’ means the period that begins upon the 

22 date of the enactment of this Act and ends upon the date 

23 of the termination by the Federal Emergency Manage24 ment Agency of the emergency declared on March 13, 

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1 aster Relief and Emergency Assistance Act (42 U.S.C. 

2 4121 et seq.) relating to the Coronavirus Disease 2019 

3 (COVID–19) pandemic. 

4 (b) FAIR HOUSING ACTIVITIES.— 

5 (1) AUTHORIZATION OF APPROPRIATIONS.—To 

6 ensure existing grantees have sufficient resource for 

7 fair housing activities and for technology and equip8 ment needs to deliver services through use of the 

9 Internet or other electronic or virtual means in re10 sponse to the public health emergency related to the 

11 Coronavirus Disease 2019 (COVID-19) pandemic, 

12 there is authorized to be appropriated $4,000,000 

13 for Fair Housing Organization Initiative grants 

14 through the Fair Housing Initiatives Program under 

15 section 561 of the Housing and Community Devel16 opment Act of 1987 (42 U.S.C. 3616a). 

17 (2) 3-YEAR AVAILABILITY.—Any amounts made 

18 available pursuant paragraph (1) that are allocated 

19 for a grantee and remain unexpended upon the expi20 ration of the 3-year period beginning upon such allo21 cation shall be recaptured by the Secretary. 

22 (c) FAIR HOUSING EDUCATION.—There is authorized 

23 to be appropriated $10,000,000 for the Office of Fair 

24 Housing and Equal Opportunity of the Department of 

25 Housing and Urban Development to carry out a national 


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1 media campaign and local education and outreach to edu2 cate the public of increased housing rights during 

3 COVID–19 emergency period, that provides that informa4 tion and materials used in such campaign are available— 

5 (1) in the languages used by communities with 

6 limited English proficiency; and 

7 (2) to persons with disabilities. 

8 SEC. 109. FUNDING FOR HOUSING COUNSELING SERVICES. 

9 (a) CONGRESSIONAL FINDINGS.—The Congress finds 

10 that— 

11 (1) the spread of Coronavirus Disease 2019 

12 (COVID–19), which is now considered a global pan13 demic, is expected to negatively impact the incomes 

14 of potentially millions of homeowners, renters, indi15 viduals experiencing homelessness, and individuals at 

16 risk of homelessness, making it difficult for them to 

17 pay their mortgages or rents on time; 

18 (2) housing counseling is critical to ensuring 

19 that homeowners, renters, individuals experiencing 

20 homelessness, and individuals at risk of homeless21 ness have the resources they need to manage finan22 cial hardships from the COVID-19 crisis; 

23 (3) loan preservation and foreclosure mitigation 

24 services are also critical to address the needs of 

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1 cause of the pandemic and who face serious delin2 quency or home loan default, or are in foreclosing 

3 proceedings during this period; 

4 (4) evaluations from the National Foreclosure 

5 Mitigation Counseling program revealed that home6 owners at risk of or facing foreclosure are better 

7 served when they have access to a housing counselor 

8 and a range of tools and resources to help them 

9 avoid losing their home and have the support they 

10 need to tailor the best possible response to their sit11 uation. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Neighborhood Rein14 vestment Corporation (in this section referred to as the 

15 ‘‘Corporation’’) established under the Neighborhood Rein16 vestment Corporation Act (42 U.S.C. 8101 et seq.) 

17 $100,000,000 for fiscal year 2020 for housing counseling 

18 services, which shall remain available until September 30, 

19 2023. 

20 (c) PRIORITIZATION OF HOUSING COUNSELING

21 SERVICES.—Of any grant funds made available pursuant 

22 to subsection (b), not less than 40 percent shall be pro23 vided to counseling organizations that target counseling 

24 services to minority and low-income homeowners, renters, 

25 individuals experiencing homelessness, and individuals at 


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1 risk of homelessness or provide such services in neighbor2 hoods with high concentrations of minority and low-in3 come homeowners, renters, individuals experiencing home4 lessness, and individuals at risk of homelessness. 

5 (d) ELIGIBLE USES.—Amounts made available pur6 suant to subsection (b) may be used in such amounts as 

7 the Corporation determines for costs of— 

8 (1) public education and outreach; 

9 (2) direct services, including the full range of 

10 services provided by housing counselors to assist 

11 homeowners, including manufactured homeowners, 

12 regardless of financing type, renters, individuals ex13 periencing homelessness, and individuals at risk of 

14 homelessness, including the practices, tools, and in15 novations in foreclosure mitigation that were utilized 

16 in the National Foreclosure Mitigation Counseling 

17 Program, and financial capability, credit counseling, 

18 homeless counseling, and rental counseling; 

19 (3) equipment and technology, including 

20 broadband internet and equipment upgrades needed 

21 to ensure timely and effective service delivery; 

22 (4) training, including capacitating housing 

23 counseling staff in various modes of counseling, in24 cluding rental and foreclosure, delivery of remote 

25 counseling utilizing improved technology, enhanced 


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1 network security, and supportive options for the de2 livery of client services; and 

3 (5) administration and oversight of the program 

4 in accordance with the Corporation’s rate for pro5 gram administration. 

6 (e) DISBURSEMENT.—The Corporation shall disburse 

7 all grant funds made available pursuant to subsection (b) 

8 as expeditiously as possible, through grants to housing 

9 counseling intermediaries approved by the Department of 

10 Housing and Urban Development, State housing finance 

11 agencies, and NeighborWorks organizations. The aggre12 gate amount provided to NeighborWorks organizations 

13 shall not exceed 15 percent of the total of grant funds 

14 made available pursuant to subsection (b). 

15 TITLE II—PROTECTING PEOPLE 

16 EXPERIENCING HOMELESSNESS 

17 SEC. 201. HOMELESS ASSISTANCE FUNDING. 

18 (a) EMERGENCY HOMELESS ASSISTANCE.— 

19 (1) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated under the 

21 Emergency Solutions Grants program under subtitle 

22 B of title IV of the McKinney-Vento Homeless As23 sistance Act (42 U.S.C. 11371 et seq.) 

24 $11,500,000,000 for grants under such subtitle in 

25 accordance with this subsection to respond to needs 


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1 arising from the public health emergency relating to 

2 Coronavirus Disease 2019 (COVID-19). Of such 

3 amounts made available, $4,000,000,000 shall be al4 located in accordance with sections 413 and 414 of 

5 the McKinney-Vento Homeless Assistance Act (42 

6 U.S.C. 11372, 11373). 

7 (2) FORMULA.—Notwithstanding sections 413 

8 and 414 of the McKinney-Vento Homeless Assist9 ance Act (42 U.S.C. 11372, 11373), the Secretary 

10 of Housing and Urban Development (in this Act re11 ferred to as the ‘‘Secretary’’) shall allocate any 

12 amounts remaining after amounts are allocated pur13 suant to paragraph (1) in accordance with a formula 

14 to be established by the Secretary that takes into 

15 consideration the following factors: 

16 (A) Risk of transmission of coronavirus in 

17 a jurisdiction. 

18 (B) Whether a jurisdiction has a high 

19 number or rate of sheltered and unsheltered 

20 homeless individuals and families. 

21 (C) Economic and housing market condi22 tions in a jurisdiction. 

23 (3) ELIGIBLE ACTIVITIES.—In addition to eligi24 ble activities under section 415(a) of the McKinney25 Vento Homeless Assistance Act (42 U.S.C. 


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1 11374(a), amounts made available pursuant to para2 graph (1) may also be used for costs of the following 

3 activities: 

4 (A) Providing training on infectious dis5 ease prevention and mitigation. 

6 (B) Providing hazard pay, including for 

7 time worked before the effectiveness of this sub8 paragraph, for staff working directly to prevent 

9 and mitigate the spread of coronavirus or 

10 COVID-19 among people experiencing or at 

11 risk of homelessness. 

12 (C) Reimbursement of costs for eligible ac13 tivities (including activities described in this 

14 paragraph) relating to preventing, preparing 

15 for, or responding to the coronavirus or 

16 COVID-19 that were accrued before the date of 

17 the enactment of this Act. 

18 (D) Notwithstanding 24 CFR 

19 576.102(a)(3), providing a hotel or motel 

20 voucher for a homeless individual or family. 

21 Use of such amounts for activities described in this 

22 paragraph shall not be considered use for adminis23 trative purposes for purposes of section 418 of the 

24 McKinney-Vento Homeless Assistance Act (42 

25 U.S.C. 11377). 


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1 (4) INAPPLICABILITY OF PROCUREMENT

2 STANDARDS.—To the extent amounts made available 

3 pursuant to paragraph (1) are used to procure goods 

4 and services relating to activities to prevent, prepare 

5 for, or respond to the coronavirus or COVID-19, the 

6 standards and requirements regarding procurement 

7 that are otherwise applicable shall not apply. 

8 (5) INAPPLICABILITY OF HABITABILITY AND

9 ENVIRONMENTAL REVIEW STANDARDS.—Any Fed10 eral standards and requirements regarding habit11 ability and environmental review shall not apply with 

12 respect to any emergency shelter that is assisted 

13 with amounts made available pursuant to paragraph 

14 (1) and has been determined by a State or local 

15 health official, in accordance with such requirements 

16 as the Secretary shall establish, to be necessary to 

17 prevent and mitigate the spread of coronavirus or 

18 COVID-19, such shelters. 

19 (6) INAPPLICABILITY OF CAP ON EMERGENCY

20 SHELTER ACTIVITIES.—Subsection (b) of section 

21 415 of the McKinney-Vento Homeless Assistance 

22 Act shall not apply to any amounts made available 

23 pursuant to paragraph (1) of this subsection. 

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1 ance Act (42 U.S.C. 11376(b)) shall be applied with 

2 respect to amounts made available pursuant to para3 graph (1) of this subsection by substituting ‘‘30- 

4 day’’ for ‘‘60-day’’. 

5 (8) WAIVERS AND ALTERNATIVE REQUIRE6 MENTS.— 

7 (A) AUTHORITY.—In administering 

8 amounts made available pursuant to paragraph 

9 (1), the Secretary may waive, or specify alter10 native requirements for, any provision of any 

11 statute or regulation (except for any require12 ments related to fair housing, nondiscrimina13 tion, labor standards, and the environment) 

14 that the Secretary administers in connection 

15 with the obligation or use by the recipient of 

16 such amounts, if the Secretary finds that good 

17 cause exists for the waiver or alternative re18 quirement and such waiver or alternative re19 quirement is consistent with the purposes de20 scribed in this subsection. 

21 (B) NOTIFICATION.—The Secretary shall 

22 notify the public through the Federal Register 

23 or other appropriate means 5 days before the 

24 effective date of any such waiver or alternative 

25 requirement, and any such public notice may be 


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1 provided on the Internet at the appropriate 

2 Government web site or through other elec3 tronic media, as determined by the Secretary. 

4 (C) EXEMPTION.—The use of amounts 

5 made available pursuant to paragraph (1) shall 

6 not be subject to the consultation, citizen par7 ticipation, or match requirements that other8 wise apply to the Emergency Solutions Grants 

9 program, except that a recipient shall publish 

10 how it has and will utilize its allocation at a 

11 minimum on the Internet at the appropriate 

12 Government web site or through other elec13 tronic media. 

14 (9) INAPPLICABILITY OF MATCHING REQUIRE15 MENT.—Subsection (a) of section 416 of the McKin16 ney-Vento Homeless Assistance Act (42 U.S.C. 

17 11375(a)) shall not apply to any amounts made 

18 available pursuant to paragraph (1) of this sub19 section. 

20 (10) PROHIBITION ON PREREQUISITES.—None 

21 of the funds authorized under this subsection may 

22 be used to require people experiencing homelessness 

23 to receive treatment or perform any other pre24 requisite activities as a condition for receiving shel25 ter, housing, or other services. 


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1 (b) CONTINUUM OF CARE PROGRAM.—Due to the 

2 emergency relating to the Coronavirus Disease 2019 

3 (COVID-19) pandemic, the Notice of Funding Availability 

4 (NOFA) for fiscal year 2020 for the Continuum of Care 

5 program under subtitle C of title IV of the McKinney6 Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) 

7 shall have no force or effect and the Secretary of Housing 

8 and Urban Development shall distribute amounts made 

9 available for such fiscal year for such program based on 

10 the results of the competition for amounts made available 

11 for such program for fiscal year 2019 (FR–6300–25), ex12 cept that grant amounts may be adjusted to account for 

13 changes in fair market rents. 

14 SEC. 202. EMERGENCY RENTAL ASSISTANCE VOUCHER 

15 PROGRAM. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary of Housing 

18 and Urban Development (in this section referred to as the 

19 ‘‘Secretary’’), $1,000,000,000 for fiscal year 2020, to re20 main available until expended, for incremental emergency 

21 vouchers under subsection (b). 

22 (b) EMERGENCY VOUCHERS.— 

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

24 emergency rental assistance vouchers under this sub25 section, which shall be tenant-based rental assistance 


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1 under section 8(o) the United States Housing Act of 

2 1937 (42 U.S.C. 1437f(o)). 

3 (2) SELECTION OF FAMILIES.— 

4 (A) MANDATORY PREFERENCES.—Each 

5 public housing agency administering assistance 

6 under this section shall provide preference for 

7 such assistance to eligible families that are— 

8 (i) homeless (as such term is defined 

9 in section 103(a) of the McKinney-Vento 

10 Homeless Assistance Act (42 U.S.C. 

11 11302(a)); 

12 (ii) at risk of homelessness (as such 

13 term is defined in section 401 of the 

14 McKinney-Vento Homeless Assistance Act 

15 (42 U.S.C. 11360); or 

16 (iii) fleeing, or attempting to flee, do17 mestic violence, dating violence, sexual as18 sault, or stalking. 

19 (B) ALLOCATION.—In allocating amounts 

20 made available under this section, the Secretary 

21 shall— 

22 (i) not later than 60 days after the 

23 date of the enactment of this Act, allocate 

24 at least 50 percent of such amounts to 


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1 public housing agencies in accordance with 

2 a formula that considers— 

3 (I) the capability of public hous4 ing agencies to promptly use emer5 gency vouchers provided under this 

6 section; and 

7 (II) the need for emergency 

8 vouchers provided under this section 

9 in the geographical area, based on 

10 factors determined by the Secretary, 

11 including risk of transmission of 

12 coronavirus, high numbers or rates of 

13 sheltered and unsheltered homeless14 ness, and economic and housing mar15 ket conditions; 

16 (ii) allocate remaining amounts in ac17 cordance with a formula that considers— 

18 (I) the criteria under clause (i) 

19 and the success of a public housing 

20 agency in promptly utilizing vouchers 

21 awarded under clause (i); and 

22 (II) the capability of the public 

23 housing agency to create and manage 

24 structured partnerships with service 


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1 providers for the delivery of appro2 priate community-based services; and 

3 (iii) designate the number of vouchers 

4 under this section that each public housing 

5 agency that is awarded funds under this 

6 section is authorized to administer. 

7 (C) ELECTION NOT TO ADMINISTER.—If a 

8 public housing agency elects not to administer 

9 amounts under this section, the Secretary shall 

10 award such amounts to other public housing 

11 agencies according to the criteria in subpara12 graph (B). 

13 (D) FAILURE TO USE VOUCHERS PROMPT14 LY.—If a public housing agency fails to issue 

15 all of its authorized vouchers under this section 

16 on behalf of eligible families within a reasonable 

17 period of time as determined by the Secretary, 

18 the Secretary shall reallocate any unissued 

19 vouchers and associated funds to others public 

20 housing agencies according to the criteria under 

21 subparagraph (B)(ii). 

22 (3) WAIVERS AND ALTERNATIVE REQUIRE23 MENTS.—Any waiver or alternative requirement that 

24 the Secretary makes available to all public housing 

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1 able under the heading ‘‘Tenant-Based Rental As2 sistance’’ in title XII of division B of the CARES 

3 Act (Public Law 116–136; 134 Stat.601) shall apply 

4 to assistance under this section until the expiration 

5 of such waiver or alternative requirement. 

6 (4) TERMINATION OF VOUCHERS UPON TURN7 OVER.— 

8 (A) IN GENERAL.—A public housing agen9 cy may not reissue any vouchers made available 

10 under this section when assistance for the fam11 ily initially assisted is terminated. 

12 (B) REALLOCATION.—Upon termination of 

13 assistance for one or more families assisted by 

14 a public housing agency under this section, the 

15 Secretary shall reallocate amounts that are no 

16 longer needed by such public housing agency 

17 for assistance under this section to another 

18 public housing agency for the renewal of vouch19 ers previously authorized under this section. 

Passed the House of Representatives June 29, 2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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