Federal Disaster Housing Stability Act of 2021
Bill: H.R.5043 | Sponsor: Rep. Demings, Val Butler (D-FL)
Policy area: Housing and Community Development

Summary:
Federal Disaster Housing Stability Act of 2021
This bill imposes limits on foreclosures and evictions in areas affected by a declared disaster or emergency.
A servicer of certain federally backed residential mortgages for a property in such an area may not initiate the foreclosure process or take other foreclosure-related actions relating to that property unless the property is vacant or abandoned. These restrictions shall be in place for six months after the disaster or emergency is declared.
Similarly, the landlord of a dwelling in such an area may not (1) initiate eviction proceedings against a tenant in that dwelling for nonpayment of rent or fees; (2) charge that tenant a penalty for nonpayment of rent; (3) increase the rent; (4) prevent a tenant who has temporarily relocated from returning; or (5) otherwise require the tenant to vacate the dwelling. Landlords must also provide notice to tenants regarding available federal assistance. These restrictions shall be in place for 90 days beginning (1) when the disaster or emergency is declared; or (2) in the case of a dwelling eligible for assistance, when such assistance is received or when eligibility for such assistance has expired.

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 2021''.

SEC. 2. EVICTION MORATORIUM.

    (a) Moratorium.--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, 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 
        unit, 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 unit, 
        if such tenant has temporarily relocated, from returning to the 
        dwelling unit and re-establishing occupancy or require the 
        tenant to be re-screened to determine any eligibility for such 
        occupancy; or
            (5) otherwise terminate a lease or fail to renew a lease.
    (b) Notice To Vacate.--In the case of any disaster, the lessor of a 
covered dwelling unit that is located within the disaster area with 
respect to such disaster may not--
            (1) require the tenant to vacate the covered dwelling unit 
        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.
    (c) Notice of Assistance.--Each lessor of a covered dwelling unit 
that is located within a disaster area with respect to a disaster shall 
notify the lessee of such unit--
            (1) as soon as possible after the declaration of the 
        disaster of--
                    (A) the damage assessment status of the dwelling 
                unit, with respect to disaster assistance from the 
                Federal Emergency Management Agency and the Small 
                Business Administration;
                    (B) disaster assistance from the Federal Emergency 
                Management Agency and the Small Business Administration 
                for which the lessee may be eligible, with respect to 
                such dwelling unit; and
                    (C) disaster assistance from the Federal Emergency 
                Management Agency and the Small Business Administration 
                for which the lessor may be eligible, with respect to 
                such dwelling unit; and
            (2) in the case of assistance referred to in paragraph 
        (1)(C) applied for by the lessor--
                    (A) that such assistance has been applied for, upon 
                such application; and
                    (B) that such assistance has been received, upon 
                such receipt.

SEC. 3. FORECLOSURE MORATORIUM.

    Except with respect to a vacant or abandoned property, in the case 
of any disaster, a servicer of a Federally backed mortgage loan on a 
property located within the disaster area with respect to such disaster 
may not, during the foreclosure moratorium period with respect to such 
area, initiate any judicial or non-judicial foreclosure process, 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; and
            (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 
        90-day period that begins upon--
                    (A) in the case of a covered dwelling unit that is 
                eligible for assistance under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.) or disaster loan assistance from the 
                Small Business Administration, with respect to such 
                disaster, the sooner of--
                            (i) receipt by the owner of the dwelling 
                        unit of all or part of such assistance; or
                            (ii) the expiration of the period of 
                        eligibility for assistance under such Act for 
                        such dwelling unit with respect to such 
                        disaster; or
                    (B) in the case of a covered dwelling unit that is 
                not eligible for assistance referred to in subparagraph 
                (A) with respect to such disaster, the declaration of 
                the disaster for which such declaration was made.
            (6) Federally backed mortgage loan.--The term ``Federally 
        backed mortgage loan'' includes any loan (other than temporary 
        financing such as a construction loan) that--
                    (A) is secured by a first or subordinate lien on 
                residential 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; and
                    (B) is made in whole or in part, or insured, 
                guaranteed, supplemented, or assisted in any way, by 
                any officer or agency of the Federal Government or 
                under or in connection with a housing or urban 
                development program administered by the Secretary of 
                Housing and Urban Development or a housing or related 
                program administered by any other such officer or 
                agency, or is purchased or securitized by the Federal 
                Home Loan Mortgage Corporation or the Federal National 
                Mortgage Association.
            (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.
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