Federal Disaster Housing Stability Act of 2023

Subjects: Housing and Community Development


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3219 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3219

   To provide for a moratorium on evictions from and foreclosures on 
    residences during a major disaster or emergency, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

   Mrs. Cherfilus-McCormick introduced the following bill; which was 
            referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
   To provide for a moratorium on evictions from and foreclosures on 
    residences during a major disaster or emergency, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Disaster Housing Stability 
Act of 2023''.

SEC. 2. EVICTION MORATORIUM.

    (a) Moratorium.--In the case of any disaster, the lessor, landlord, 
or owner, including any individual with a legal right to pursue 
eviction or a possessory action, of a covered dwelling that is located 
within the disaster area with respect to such disaster may not, during 
the eviction moratorium period with respect to such area--
            (1) make, or cause to be made, any filing with the court of 
        jurisdiction to initiate a legal action to recover possession 
        of the covered dwelling from the tenant for nonpayment of rent 
        or other fees or charges;
            (2) charge fees, penalties, or other charges to the tenant 
        related to such nonpayment of rent;
            (3) increase the amount charged for rental of the dwelling, 
        including by recouping such increased rent through fees or 
        charges after the conclusion of such period;
            (4) in any manner prevent the tenant of the dwelling, if 
        such tenant has temporarily relocated, from returning to the 
        dwelling and re-establishing occupancy or require the tenant to 
        be re-screened to determine any eligibility for such occupancy; 
        or
            (5) remove or cause the removal of a tenant from a covered 
        dwelling.
    (b) Notice To Vacate.--In the case of any disaster, the lessor of a 
covered dwelling that is located within the disaster area with respect 
to such disaster may not--
            (1) require the tenant to vacate the covered dwelling 
        before the date that is 30 days after the date on which the 
        lessor provides the tenant with a notice to vacate; and
            (2) issue a notice to vacate under paragraph (1) until 
        after the expiration of the eviction moratorium period with 
        respect to such area.

SEC. 3. FORECLOSURE MORATORIUM.

    Except with respect to a vacant or abandoned property, in the case 
of any disaster, a servicer of a covered mortgage loan on a property 
located within the disaster area may not, during the foreclosure 
moratorium period with respect to such area, initiate any judicial or 
non-judicial foreclosure process, schedule a foreclosure sale, move for 
a foreclosure judgment or order of sale, or execute a foreclosure-
related eviction or foreclosure sale.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Covered dwelling.--The term ``covered dwelling'' means 
        a dwelling that is occupied by a tenant--
                    (A) pursuant to a residential lease; or
                    (B) without a lease or with a lease terminable 
                under State law.
            (2) Disaster.--The term ``disaster'' means--
                    (A) any national emergency declared by the 
                President under the National Emergencies Act (50 U.S.C. 
                1601 et seq.); or
                    (B) any major disaster or emergency declared by the 
                President under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 4121 et seq.).
            (3) Disaster area.--The term ``disaster area'' means, with 
        respect to a disaster, any area that at any time is subject to 
        the declaration of such disaster.
            (4) Dwelling.--The term ``dwelling''--
                    (A) has the meaning given the term in section 802 
                of the Fair Housing Act (42 U.S.C. 3602); and
                    (B) includes houses and dwellings described in 
                section 803(b) of such Act (42 U.S.C. 3603(b)).
            (5) Eviction moratorium period.--The term ``eviction 
        moratorium period'' means, with respect to a disaster area, the 
        120-day period that begins upon the declaration by the 
        President of the disaster that such area is subject to.
            (6) Covered mortgage loan.--The term ``covered mortgage 
        loan'' includes any consumer credit transaction (within the 
        meaning of such term as used in the Truth in Lending Act (15 
        U.S.C. 1601 et seq.)), other than temporary financing such as a 
        construction loan, that is secured by a mortgage, deed of 
        trust, or other consensual security interest on a 1- to 4-unit 
        dwelling or on residential real property that includes a 1- to 
        4-unit dwelling including individual units of condominiums and 
        cooperatives that is secured by a first or subordinate lien on 
        residential real property (including individual units of 
        condominiums and cooperatives) designed principally for the 
        occupancy of from 1 to 4 families, including any such secured 
        loan the proceeds of which are used to prepay or pay off an 
        existing loan secured by the same property, but such term does 
        not include a credit transaction under an open-end credit plan 
        other than a reverse mortgage.
            (7) Foreclosure moratorium period.--The term ``foreclosure 
        moratorium period'' means, with respect to a disaster area, the 
        6-month period that begins upon the declaration of the disaster 
        for which such declaration was made.

SEC. 5. APPLICABILITY.

    This Act shall apply with respect to any disaster for which the 
declaration of the disaster is in effect on the date of the enactment 
of this Act and any disaster for which such declaration is made after 
such date of enactment.
                                 &lt;all&gt;
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