Coming to an office near you… Congress is in recess until after Labor Day.
The House of Representatives was not in session this week. Following approval of trade legislation and the FY 03 Department of Defense appropriations bill, the Senate began its recess period (a.k.a “district work period”) Thursday night. So, this comes as a friendly reminder to make your appointment to see your Senators and Representatives now!
Agreement reached on the Bankruptcy bill
House and Senate negotiators reached an agreement on the Bankruptcy Abuse Prevention and Consumer Protection Act (HR 333). NAHMA’s interest in the bill concerned its provisions on the treatment of tenants who file for bankruptcy and fail to pay rent.
The final bill closely follows NAHMA’s recommendations. Evictions may proceed after the tenant petitions for bankruptcy if the landlord received the eviction judgement before the tenant filed, or if the eviction is due to use of illegal controlled substances or property endangerment. This bill affirms the one-strike rule in that drug-abusing and/or dangerous tenants will not be able to stop their evictions by filing for bankruptcy. Additionally, post-bankruptcy-petition rent payments must be made in a timely manner.
Unfortunately, the bill’s prospects for passage remain tenuous. Even though Rep. Henry Hyde and Sen. Chuck Schumer reached a compromise on bankruptcy treatment for abortion clinic protestors, a revolt by House conservatives, who were not satisfied with the agreement, derailed consideration of HR 333 before adjournment.
