article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Loss Prevention Act''. SEC. 2. ENERGY AUDIT REQUIREMENT FOR SINGLE-FAMILY AND MULTIFAMILY HOUSING PURCHASED USING A FEDERALLY RELATED HOUSING LOAN. (a) Requirements.--Except as provided in subsection (d) and section 3, a seller of single-family or multifamily housing that will be purchased with the assistance of a federally related housing loan may not sell such housing, unless-- (1) not less than 5 years before the time of sale of the housing, an energy audit meeting the requirements of subsection (b) is conducted with respect to such housing; (2) the seller provides the purchaser a copy of the results of the energy audit referred to in paragraph (1); and (3) the results of the energy audit referred to in paragraph (1) are submitted to the Secretary of Housing and Urban Development. (b) Energy Audit.--An energy audit meets the requirements under this subsection only if-- (1) the audit is conducted by a home energy auditor or equivalent, as determined by the Secretary; (2) the results of the audit are recorded using energy audit and disclosure forms prescribed by regulation by the Secretary for single-family or multifamily housing, as applicable; and (3) the results of the audit include-- (A) a standardized ratings score, based on a scoring system approved by the Secretary, in consultation with the Secretary of Energy, that allows the energy efficiency of the housing to be compared to the energy efficiency of similar housing, as determined by the Secretary; and (B) a prioritized list, based on cost-effectiveness and energy savings, of potential energy efficiency improvements for the housing. (c) Notice.--A person who accepts applications for federally related housing loans shall provide to each applicant for such a loan, at the time of such application, written notice of the following: (1) The requirements under subsection (a). (2) The exception under subsection (d) and exemption under section 3. (3) That the Department of Housing and Urban Development maintains, on an Internet website, a database containing copies of the results of energy audits conducted pursuant to this Act. (4) That the applicant for the loan may obtain, from the Department of Housing and Urban Development, copies of any energy audits with respect to the housing for which the loan application is made that have been submitted to such Department. (d) Exception for New Energy Efficient Housing.--The requirements under this section shall not apply with respect to the seller of single-family housing or multifamily housing that will be purchased with the assistance of a federally related housing loan if such housing-- (1) was constructed not more than 5 years before the time of sale involving such loan; and (2) is-- (A) Energy Star qualified; (B) certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council; or (C) certified under an equivalent certification system approved by the Secretary, in consultation with the Secretary of Energy. (e) Accessibility of Energy Audit Results.-- (1) Local housing offices.--The Secretary shall coordinate with appropriate local recorders of deeds (or other similar local offices responsible for maintaining records of residential real property interests and transactions) to maintain copies of the results of energy audits conducted pursuant to this Act on-file in conjunction with the deeds to such housing. (2) HUD database.--The Secretary shall establish and maintain a database containing copies of the results of energy audits conducted pursuant to this Act and ensure such database is accessible to the public on an Internet website. SEC. 3. EXEMPTION. The Secretary may grant a seller an exemption from any requirement of this Act if the Secretary determines that such requirement would, due to circumstances unique to the single-family housing or multifamily housing that will be purchased with the assistance of a federally related housing loan and not based on a condition caused by actions of the seller, cause undue hardship for the seller. An exemption granted under this section shall be limited to the minimum change necessary to avoid undue hardship. SEC. 4. CIVIL PENALTIES. In the case of any sale of single-family or multifamily housing involving a federally related housing loan in violation of section 2 of this Act, the Secretary shall assess a civil money penalty against the seller in an amount not to exceed 20 percent of the sale price of such housing for which such loan is made. SEC. 5. HOME ENERGY LOSS PREVENTION FUND AND FEE. (a) Fee.--The Secretary shall assess persons that make federally related housing loans a fee for each such loan made, in an amount to be determined by the Secretary, but not more than necessary to pay costs incurred in carrying out the responsibilities of the Department of Housing and Urban Development under this Act. The Secretary shall collect and deposit such fees in the Home Energy Loss Prevention Fund established under subsection (b)(1) for use in accordance with this section. (b) Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Home Energy Loss Prevention Fund'', consisting of-- (A) amounts collected as fees assessed under subsection (a); and (B) any interest earned on investment of amounts in the Home Energy Loss Prevention Fund credited to the Fund under paragraph (2)(B). (2) Investment of amounts.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Home Energy Loss Prevention Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest- bearing obligations of the United States. (B) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Home Energy Loss Prevention Fund shall be credited to the Fund. (3) Use of amounts in the fund.--To the extent provided in advance in appropriations Acts, amounts in the Home Energy Loss Prevention Fund shall be made available to the Secretary without fiscal year limitation to carry out the responsibilities of the Department of Housing and Urban Development under this Act. SEC. 6. REGULATIONS AND EFFECTIVE DATE. (a) Regulations.--Not later than one year after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out this Act. (b) Effective Date.--The requirements under this Act shall take effect 6 months after the date regulations are promulgated pursuant to subsection (a). SEC. 7. DEFINITIONS. In this Act: (1) Energy audit.--The term ``energy audit'' has the meaning given such term in section 391(13) of the Energy Policy and Conservation Act (42 U.S.C. 6371(13)). (2) Federally related housing loan.--The term ``federally related housing loan'' means the following loans: (A) Single-family housing loans.--A federally related mortgage loan, as such term is defined in paragraph (1) of section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)). (B) Multifamily housing loans.--A loan that is described in paragraph (1) of section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)), except that for purposes of subparagraph (A) of such paragraph (1) shall be applied-- (i) by substituting ``(including condominium and cooperative projects)'' for ``(including individual units of condominiums and cooperatives)''; and (ii) by substituting ``5 or more families'' for ``from one to four families''. (3) Home energy auditor.--The term ``home energy auditor'' means a person who is certified by an agency approved by the Secretary, in consultation with the Secretary of Energy, to conduct energy audits for single-family housing or multifamily housing, as applicable. (4) Multifamily housing.--The term ``multifamily housing'' means any residential structure consisting of 5 or more dwelling units. (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) Single-family housing.--The term ``single-family housing'' means any residential structure consisting of 1 to 4 dwelling units. (7) Time of sale.--The term ``time of sale'' means, with respect to any single-family or multifamily housing for which a federally related housing loan is made, the date of the recording of a deed transferring legal title to real property to implement the sale of property that involved such loan.
summary: Home Energy Loss Prevention Act - Prohibits a seller of housing that will be purchased with the assistance of a federally related housing loan from selling such housing, unless: (1) no less than five years before the sale of such housing, an energy audit is conducted; (2) the seller provides the purchaser a copy of audit results; and (3) such results are submitted to the Secretary of Housing and Urban Development (HUD). Requires such audits to be conducted by a home energy auditor or equivalent. Requires such audit results to be recorded using energy audit and disclosure forms prescribed by the Secretary and to include: (1) a standardized ratings score that allows the housing's energy efficiency to be compared to the energy efficiency of similar housing; and (2) a prioritized list, based on cost-effectiveness and energy savings, of potential energy efficiency improvements. Establishes notice requirements for persons who accept such loans. Exempts from such requirements the seller of housing that: (1) was constructed no more than five years before the time of sale; and (2) is Energy Star qualified or certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council or an equivalent certification system approved by the Secretary. Requires the Secretary to maintain an online, publicly accessible database containing copies of audit results. Authorizes the Secretary to grant a seller an exemption from any requirement of this Act that would cause the seller undue hardship due to circumstances unique to the housing and not based on a condition caused by the seller's actions. Requires the Secretary to assess persons that make federally related housing loans a fee for each such loan made and to deposit such fees in the Home Energy Loss Prevention Fund (established by this Act), which shall be available to the Secretary to carry out HUD's responsibilities under this Act.