5160-S2.E AMH DUFA BROD 118

E2SSB 5160 - H AMD TO HHSV COMM AMD (H-1400.1/21) 589

By Representative Dufault

WITHDRAWN 04/08/2021

On page 5, beginning on line 12 of the striking amendment, strike all of subsection (4)

On page 19, after line 31 of the striking amendment, strike all material through "funds" on page 20, line 4 of the striking amendment and insert "(1) The landlord shall be entitled to full reimbursement of the total amount of tenant-obligated rent not received during the eviction moratorium that remains unpaid, provided that the landlord:

(a) Has offered the tenant a repayment plan in compliance with this act and the tenant has either refused to accept or defaulted on the plan;

(b) Has allowed payment from all sources outlined in section 4(2)(c) of this act and has not received full reimbursement by September 30, 2021; and

(2) Reimbursement shall be limited to the amount of unpaid rent accrued during the eviction moratorium, and shall not include any interest, penalties, late fees, or other fees.

(3) Landlords shall certify under penalty of perjury that they are in compliance with each requirement of this section, they own the property for which they are claiming outstanding unpaid rent, the amount of outstanding unpaid rent that accrued during the eviction moratorium, and they will remit to a state payee as designated by the department of commerce any remaining unpaid rent received from the tenant or any other source on behalf of the tenant that duplicates a reimbursement from the state under this section.

(4) Landlord reimbursement under this section shall not be conditioned on any requirements other than those outlined in this section"

EFFECT: (1) Strikes language in the section concerning repayment plans providing that, to the extent available funds exist for rental assistance, the tenant or landlord may continue to seek rental assistance to reduce and/or eliminate the unpaid rent balance.

(2) Strikes language requiring the Department of Commerce to authorize landlords an opportunity to apply to certain rental assistance program, and provides that landlords will be entitled to full reimbursement of unpaid rent during the eviction moratorium, provided that the landlord has offered the tenant a repayment plan, has not received full reimbursement from other sources, and has complied with all other terms of the act.

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