H.R. 4100: End Junk Fees for Renters Act

This bill, titled the End Junk Fees for Renters Act, aims to eliminate specific fees that landlords and owners of rental properties can charge tenants. The key provisions of the bill include the following:

Prohibition of Certain Fees

• Application Fees: Landlords cannot collect any fees from households applying to rent a property as part of the application process.
• Tenant Screening Fees: Landlords are prohibited from charging any fees for background checks, including criminal history or credit checks, on potential renters.

Regulations on Late Fees

The bill imposes specific conditions regarding late fees that landlords can charge:

• Late fees must be less than 3% of the monthly rent.
• Late fees can only be applied after 15 days from the date the rent was due.
• Landlords are required to disclose these late fee requirements in the lease agreement when a tenant enters a new lease after the regulations come into effect.

Mandatory Disclosure Requirements

Before signing a lease, landlords must inform tenants about:

• The total monthly costs, including any additional fees.
• A summary of any prior legal disputes between the landlord and former or current tenants.
• Details of any existing maintenance issues, such as pest problems.
• The amount by which the rent has increased over the past ten years.

Definitions and Regulatory Oversight

The bill provides definitions for key terms and identifies the appropriate regulator responsible for enforcement, which includes the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, and the Secretary of Agriculture, among others. The appropriate regulator will oversee compliance in various situations, particularly for properties financed with federally backed mortgages.

Rulemaking Authority

The bill requires the Bureau of Consumer Financial Protection and the Federal Trade Commission to create rules defining what constitutes a junk fee in rental housing and to interpret the sharing of unpaid junk fee information with credit reporting agencies as an unfair debt collection practice.

Impact on Rental Agreements

The bill seeks to foster transparency and protect renters from unexpected costs associated with the rental application process and ongoing tenancy, ultimately influencing the dynamics of rental agreements in the housing market.

Relevant Companies

None found.