; and (C) in the case of a covered landlord against whom a court has ruled in 2 or more civil actions under this subsection, obtain additional punitive damages in an amount not to exceed three times the amount of actual damages suffered by resident. (4) Good faith efforts considered In any civil action under this subsection, the court shall consider, for purposes of awarding damages, a covered landlord’s good faith effort or attempt to comply with the subsection (a). (c) Rule of construction Nothing in this section shall prevent a State or local government from imposing lower limits on rent increases or additional obligations on landlords. (d) Definitions In this section: (1) The term covered landlord means entity that owns or holds a controlling interest in more than 5 residential properties or more than 2 manufactured housing parks. (2) The term rent includes any payment made by a tenant to a landlord, with respect to which the failure to pay may authorize the landlord to initiate eviction proceedings, except that such term does not include any utility which is paid by the landlord on behalf of the tenant. 3. Funding for access to counsel (a) Grant program The Secretary of Housing and Urban Development is authorized to make grants to State and local governments to establish a right to counsel for tenants in eviction proceedings. (b) Application The chief executive officer of a State or unit of local government seeking a grant under this section shall submit an application to the Secretary of Housing and Urban Development at such time, in such manner, and containing such information as the Secretary may reasonably require, including an assurance that the funds will be used in accordance with subsection (c). (c) Uses of funds A State or unit of local government receiving a grant under this section shall use not less than 85 percent of such funds to provide counsel for tenants in eviction proceedings. (d) Authorization of appropriations There is authorized to be appropriated $6,500,000,000 for each of fiscal years