Respect State Housing Laws Act
- Bill Number
- S. 470
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Housing and Community Development
- Status
- Introduced
- Latest Action
- 2025-02-06: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- Last Updated
- 2026-06-11T23:26:42Z
AI-Generated Summary
Purpose
The Respect State Housing Laws Act (S. 470) aims to amend the Coronavirus Aid, Relief, and Economic Security (CARES) Act by eliminating a federal requirement for landlords (lessors) to give tenants advance notice before eviction in certain situations related to mortgage forbearance during the COVID-19 pandemic. This change seeks to respect state-level housing laws and reduce federal interference in eviction processes.
Key Provisions
- Short Title: The bill is officially named the "Respect State Housing Laws Act."
- Amendment to CARES Act: It specifically targets Section 4024 of the CARES Act (codified at 15 U.S.C. 9058), which originally allowed mortgage forbearance for multifamily residential properties (like apartment buildings) affected by the pandemic.
- Removal of Notice Requirement: The bill strikes (removes) subsection (c) of Section 4024, which had mandated that landlords provide at least 30 days' written notice to vacate to tenants in covered properties before initiating eviction proceedings.
Significant Changes to Existing Law
- Prior to this amendment, the CARES Act's subsection (c) imposed a uniform federal 30-day notice rule for evictions in multifamily properties where the landlord received mortgage forbearance, overriding shorter state or local notice periods.
- By removing this subsection, the bill eliminates this federal overlay, allowing eviction notice requirements to revert to those set by state and local laws, which may vary (e.g., some states require less or more notice).
Potential Impacts
- On Government Agencies: The U.S. Department of Housing and Urban Development (HUD) and other federal agencies overseeing pandemic relief programs may see reduced administrative burdens related to enforcing the notice rule, potentially simplifying compliance monitoring.
- On Citizens: Tenants in multifamily housing could face shorter eviction timelines in states with minimal notice requirements, increasing vulnerability to sudden displacement, especially in areas with housing shortages. Landlords gain flexibility to manage properties without the federal 30-day mandate.
- On International Relations: No direct impacts, as this is a domestic housing policy focused on U.S. real estate.
Main Stakeholders Affected
- Landlords and Property Owners: Benefit from streamlined eviction processes aligned with state laws, potentially reducing delays in addressing non-payment or lease violations.
- Tenants and Renters: Primarily low- and moderate-income residents in multifamily units, who may lose the protection of a guaranteed 30-day notice period.
- State and Local Governments: Gain greater authority over housing regulations, allowing them to enforce their own eviction standards without federal conflict.
- Mortgage Lenders and Servicers: Indirectly affected through changes in forbearance program rules, possibly leading to fewer disputes over compliance.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: This amendment clarifies and limits the scope of federal emergency powers under the CARES Act, potentially setting a precedent for rolling back pandemic-era protections once declared over. It may lead to increased litigation in states with tenant-friendly laws challenging the removal of federal safeguards.
- Constitutional Implications: Reinforces federalism principles by deferring to state authority on property and housing matters, aligning with the 10th Amendment's reservation of powers to states, but could raise questions about uniform national standards during crises.
- Political Implications: Introduced by Senators Cindy Hyde-Smith (R-MS) and Bill Hagerty (R-TN) and referred to the Senate Committee on Banking, Housing, and Urban Affairs, the bill reflects a push toward deregulation in housing policy, appealing to property rights advocates while drawing criticism from tenant advocacy groups for weakening renter protections post-pandemic.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (13)
Sen. Hagerty, Bill [R-TN], Sen. Kennedy, John [R-LA], Sen. Britt, Katie Boyd [R-AL], Sen. Schmitt, Eric [R-MO], Sen. Boozman, John [R-AR], Sen. Ricketts, Pete [R-NE], Sen. Lee, Mike [R-UT], Sen. Crapo, Mike [R-ID], Sen. Curtis, John R. [R-UT], Sen. Cramer, Kevin [R-ND], Sen. McCormick, David [R-PA], Sen. Cotton, Tom [R-AR], Sen. Blackburn, Marsha [R-TN]
Recent Actions
- 2025-02-06: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- 2025-02-06: Introduced in Senate
Bill Versions
- Respect State Housing Laws Act — issued 2025-02-06 — PDF (1 pages)