,i #aacth ,,congress #ast ,session ,h4 ,r4 #behj ,,in ,,the ,,house ,,of ,,representatives ,june #bh1 #bjac ,mr4 ,grijalva 7for himself1 ,mr4 ,carson of ,indiana1 ,ms4 ,clarke1 ,mr4 ,clay1 ,mr4 ,conyers1 ,mr4 ,ellison1 ,mr4 ,hinojosa1 ,mr4 ,holt1 ,ms4 ,jackson ,lee1 ,ms4 ,kaptur1 ,ms4 ,lee of ,california1 ,ms4 ,norton1 ,mr4 ,payne1 ,mr4 ,rush1 and ,ms4 ,wilson of ,florida7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to allow homeowners of moderate-value homes who are subject to mortgage foreclosure proceedings to remain in their homes as renters4 #a4 ,short title ,this ,act may be cited as the ,right to ,rent ,act of #bjac4 #b4 ,right to rent home subject to foreclosure 7a7 ,exercise of right ,if1 at any time after notice under subsection 7b7 for an eligible mortgage is provided to the eligible mortgagor and before the commencement of the #g-;day period that ends on the first date that the foreclosing creditor may first commence or execute such foreclosure pursuant to such notice1 the eligible mortgagor under the eligible mortgage that is subject to such foreclosure provides notice in accordance with section #c1 notwithstanding such foreclosure or any other interests in the property1 the eligible mortgagor may1 at the sole option of the eligible mortgagor1 continue to occupy the foreclosed property during the #e-year period that begins upon the commencement of such occupancy1 subject to the requirements of subsection 7c74 7b7 ,limitation on timing of foreclosure2 notice of default and right ,to rent ,notwithstanding any other provision of law or any contract1 a foreclosure of an eligible mortgage may not be commenced or executed before the expiration of the #be-;day period 7not including ,saturdays1 ,sundays1 and legal public holidays7 beginning upon the receipt1 by the eligible mortgagor1 of written notice provided by the foreclosing creditor for the mortgage that-- 7#a7 clearly states that-- 7,a7 the eligible mortgagor is in default on the mortgage2 and 7,b7 foreclosure on the mortgage may or will be commenced on account of such default2 7#b7 clearly states that the eligible mortgagor has the right1 notwithstanding foreclosure1 to continue to occupy the foreclosed property in accordance with this ,act1 and sets forth the terms of such occupancy under subsections 7a7 and 7c72 and 7#c7 clearly identifies the first date1 pursuant to this section and any other provisions of law and contract1 that such foreclosure may be commenced4 7c7 ,terms of periodic tenancy ,occupancy1 by an eligible mortgagor1 of a foreclosed property pursuant to subsection 7a7 shall be under a periodic month-to-month tenancy under which the owner of the property may terminate the tenancy for material breach but shall have no authority1 at will1 to terminate the tenancy during the occupancy pursuant to subsection 7a7 if the mortgagor-- 7#a7 timely pays to the owner of the foreclosed property rent on a monthly basis in the amount of the fair market rent for the property determined in accordance with section #d2 and 7#b7 uses property as the principal residence of the mortgagor4 #c4 ,required notice ,with respect to an eligible mortgage for which notice under section #b7;b7 has been provided1 notice in accordance with this section is notice that-- 7#a7 is made in writing2 7#b7 is submitted1 by a means under which the act of delivery is recorded1 to-- 7,a7 the court having jurisdiction and venue to conduct the covered foreclosure proceeding for the eligible mortgage or1 in the case of nonjudicial foreclosure1 the court in which an action is brought pursuant to section #e2 and 7,b7 the foreclosing creditor2 and 7#c7 states that the eligible mortgagor is exercising the authority under section #b7;a7 to continue to occupy the foreclosed property4 #d4 ,determination of fair market rent 7a7 ,initial determination ,for purposes of this ,act1 the fair market rent for a foreclosed property involved in a covered foreclosure proceeding shall be the amount that is determined by the court conducting such proceeding or hearing an action pursuant to section #e4 7b7 ,periodic adjustments ,the fair market rent determined under subsection 7a7 for a foreclosed property shall be adjusted annually to reflect changes in the owners' equivalent rent of primary residence component1 for the appropriate city1 region1 or class of city1 as available1 of the ,consumer ,price ,index for ,all ,urban ,consumers of the ,bureau of ,labor ,statistics of the ,department of ,labor4 7c7 ,redetermination ,if the owner of a foreclosed property or the eligible mortgagor under the eligible mortgage requests the court described in subsection 7a7 to redetermine the fair market rent for a foreclosed property determined pursuant to this section 7as such amount may have been adjusted pursuant to subsection 7b77 and agrees to pay any costs of such redetermination 7including costs of the appraisal involved71 the court shall provide for redetermination of the fair market rent for the foreclosed property in the manner provided under subsection 7a71 except that no such redetermination shall be made pursuant to a request under this subsection made before the expiration of the #ab-month period beginning upon the most recent redetermination conducted at the request of the same party4 #e4 ,nonjudicial foreclosure proceedings ,in the case of any covered foreclosure proceeding that is not conducted or administered by a court1 the eligible mortgagor may bring an action in an appropriate court of the ,state in which the foreclosed property is located for a determination of fair market rent for the foreclosed property for purposes of this ,act1 by filing notice in accordance with section #c with such court and otherwise complying with the rules of such court4 #f4 ,no bar to foreclosure ,this ,act may not be construed to delay1 or otherwise modify1 affect1 or alter any right of a creditor under an eligible mortgage to foreclose on the mortgage and to sell the foreclosed property in connection with such foreclosure1 except that the right of any owner of the property to possession of the property shall be subject to the leasehold interest established pursuant to section #b7;c74 #g4 ,right to reinstatement ,this ,act may not be construed to affect any right of any eligible mortgagor to reinstatement of an eligible mortgage1 including any right established under contract or ,state law4 #h4 ,jurisdiction of ,federal courts ,at the option of the eligible mortgagor1 a proceeding under section #d or #e shall be removed to the appropriate district court of the ,united ,states in accordance with section #adda of title #bh1 ,united ,states ,code4 #i4 ,effect on ,state law 7a7 ,foreclosure laws ,this ,act does not annul1 alter1 affect1 or exempt any person subject to the provisions of this ,act from complying with the laws of any ,state regarding foreclosure on residential properties1 except to the extent that such laws are inconsistent with any provision of this ,act1 and then only to the extent of such inconsistency4 7b7 ,landlord-,tenant laws ,nothing in this ,act may be construed to not annul1 alter1 affect1 or exempt any such tenancy created pursuant to section #b7;c7 from any applicable ,state or local laws regarding the rights or responsibilities of landlords or tenants4 #aj4 ,oversight by ,,hud ,the ,secretary of ,housing and ,urban ,development shall-- 7#a7 monitor compliance with the requirements under this ,act2 7#b7 make available1 and provide1 appropriate assistance to eligible mortgagors in exercising their rights under this ,act2 7#c7 conduct outreach activities appropriate to inform eligible mortgagors of the provisions of this ,act2 and 7#d7 submit to the ,congress1 not less than annually1 reports describing the implementation of this ,act1 the extent to which this ,act is utilized by eligible mortgagors1 and any issues regarding such implementation or utilization4 #aa4 ,definitions ,for purposes of this ,act1 the following definitions apply3 7#a7 ,covered foreclosure proceeding ,the term covered foreclosure proceeding means a foreclosure proceeding with respect to an eligible mortgage1 and includes any foreclosure proceeding authorized under the law of the applicable ,state1 including judicial and non-judicial foreclosure proceedings4 7#b7 ,eligible mortgagor ,the term eligible mortgagor means a mortgagor under an eligible mortgage4 7#c7 ,eligible mortgage ,the term eligible mortgage means a first or subordinate mortgage-- 7,a7 on a property that-- 7i7 is a single family property2 7ii7 has been used as the principal residence of the eligible mortgagor for a period of not less than #b years immediately preceding the initiation of the covered foreclosure proceeding involved2 and 7iii7 had a purchase price1 at the time purchased by the eligible mortgagor1 that is less than the median purchase price for residences that are located in-- 7,i7 the same metropolitan statistical area2 or 7,,ii7 if the property is not located in a metropolitan statistical area or information for the area is not available1 the same ,state2 and 7,b7 that was originated before ,july #a1 #bjjg4 ,for purposes of subparagraph 7,a77iii71 the median purchase price of residences located within a metropolitan area or ,state shall be determined according to information collected and made available by the ,national ,association of ,realtors for such area or ,state for the most recently completed month for which such information is available4 7#d7 ,foreclosed property ,the term foreclosed property means1 with respect to a covered foreclosure proceeding1 the single family property that is subject to the eligible mortgage being foreclosed under the proceeding4 7#e7 ,foreclosing creditor ,the term foreclosing creditor means1 with respect to a covered foreclosure proceeding1 the creditor that is foreclosing the eligible mortgage through such proceeding4 7#f7 ,owner ,the term owner means1 with respect to a foreclosed property1 the person who has title to the property pursuant to the foreclosure proceeding for the property1 and any successor or assign of such person4 7#g7 ,single family property ,the term single family property means-- 7,a7 a structure consisting of #a to #d dwelling units2 7,b7 a dwelling unit in a multi-unit condominium property together with an undivided interest in the common areas and facilities serving the property2 or 7,c7 a dwelling unit in a multi-unit project for which purchase of stock or a membership interest entitles the purchaser to permanent occupancy of that unit4 #ab4 ,applicability and sunset 7a7 ,applicability ,subject to subsection 7b71 this ,act shall apply to any covered foreclosure proceeding that has not been finally adjudicated as of the date of the enactment of this ,act4 7b7 ,sunset ,this ,act shall not apply to any foreclosure proceeding commenced after the expiration of the #e-year period beginning on the date of the enactment of this ,act4