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CARES Act, Section 4024

Fast, Efficient, Evictions

CARES Act, Section 4024

  • (a) DEFINITIONS.—In this section:
    • (1) COVERED DWELLING.—The term “covered dwelling” means a dwelling that—
      • (A) is occupied by a tenant—
        • (i) pursuant to a residential lease; or
        • (ii) without a lease or with a lease terminable under State law; and
      • (B) is on or in a covered property.
    • (2) COVERED PROPERTY.—The term “covered property” means any property that—
      • (A) participates in—
        • (i) a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a))); or
        • (ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or
      • (B) has a—
        • (i) Federally backed mortgage loan; or
        • (ii) Federally backed multifamily mortgage loan.
    • (3) 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)).
    • (4) 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.
    • (5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally backed multifamily 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 multifamily real property designed principally for the occupancy of 5 or more 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.
  • (b) MORATORIUM.—During the 120-day period beginning on the date of enactment of this Act, the lessor of a covered dwelling may not—
    • (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; or
    • (2) charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.
  • (c) NOTICE.—The lessor of a covered dwelling unit—
    • (1) may not 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) may not issue a notice to vacate under paragraph (1) until after the expiration of the period described in subsection (b).