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Protecting Renter and Homeowner Rights During Our National Health Crisis

Campaign / June 3, 2020
Tags: COVID-19, Fair housing, Federal Policy, Foreclosure

The National Housing Law Project has put together the following resources for attorneys, advocates, policymakers, and others for assistance during the COVID-19 national public health crisis.  We will continue to update this with NHLP resources and other resources as they become available. Please email us with any additional resources to post.

Federal Eviction Moratorium – The CARES Act | State and Local Eviction Moratoria | COVID-19 Litigation Resources | Tool for Tenants Advocates | Homeowner Protection and Resources | Policy Advocacy and Analysis | Federal Government Resources | Other National Resources

Federal Eviction Moratorium – The CARES Act

CARES Act Eviction Moratorium Summary The federal stimulus package in response to COVID-19 (The CARES Act) was passed on March 27. The bill includes a moratorium on some residential evictions. This is a summary from NHLP of those eviction protections. (UPDATED April 28, 2020)

Is a Property Covered by the Federal Moratorium?  There is no resource that can answer this question perfectly, but here are the resources available.  In May 2020, ProPublica announced its database compiling many of the numbers listed in the following sentences.  The National Low Income Housing Coalition maintains a searchable database and map.  NLIHC and the Public and Affordable Housing Research Service also maintain the National Housing Preservation Database.  This is Fannie Mae’s Multifamily Loan Lookup Tool and this is Freddie Mac’s Multifamily Loan Lookup Tool. Katherine Khashimura Long of Seattle Times created a federally-backed multifamily mortgage loan finder with properties with Fannie Mae, Freddie Mac, or FHA multifamily mortgage loans as of March 2020.  

FAQ:  Eligibility for Assistance Based on Immigration Status  This fact sheet discusses eligibility under the CARES Act.  NHLP also has this analysis about immigration requirements for ESG, CDBG, HOME, and FEMA assistance. (May 1, 2020)

State and Local Eviction Moratoria

Map of State Eviction Moratoriums  These maps are prepared by Rachel Blake of Regional Housing Legal Services in consultation with Emily Benfer of Columbia Law School; Columbia public health students Marissa Yochelson Long and Janki Tailor; and NHLP staff.  The maps are generated using data from the eviction moratoria spreadsheet managed by Benfer and students of Columbia Law School, Columbia University Mailman School of Public Health, and University of Pennsylvania Law School.  To better understand the steps states have taken to prevent homelessness during and after the pandemic, the Eviction Lab and Columbia Law School’s Professor Emily Benfer developed a policy scorecard for each state.

Model State Moratorium  This is NHLP’s model moratorium to stop all five phases of the eviction process, with provisions on late charges, landlord access to premises, and payment plans.  Coronavirus Eviction Moratoria: Considerations and Best Practices is an NHLP analysis for federal, state, and local eviction moratoria.

COVID-19 Litigation Resources

Idaho Trial Court Amicus Brief Opposing Resumption of Eviction Proceedings  Idaho ACLU and Idaho Legal Aid filed this friend of the court brief in Ada County, Idaho, on behalf of tenants facing eviction in resumed Idaho unlawful detainer proceedings.  The brief raises extensive procedural due process arguments arising from general pandemic conditions as well as CARES Act moratoria, Idaho notice procedures, courtroom closures, and more.  (posted here May 11; filed May 4, 2020)

Virginia Petition for Writ of Prohibition and supporting Memorandum of Law seeking an order from the Virginia Supreme Court restrains a local trial court from resuming in-person eviction hearings until to adopts procedures necessary to comply with the CARES Act and for complying with state judicial administrative orders designed to protect the due process rights of litigants. These pleadings were filed in on May 18, 2020, by the Central Virginia Legal Aid Society and Virginia Poverty Law Center. These followed a similar Petition and Memorandum of Law filed by the Virginia Legal Aid Society and Virginia Poverty Law Center on May 15, 2020, with assistance from NHLP and other organizations.

State court administrative orders requiring plaintiffs in residential eviction lawsuits to plead or otherwise establish non-applicability of a CARES Act eviction restriction: 

Tools for Tenant Advocates

Federal Court Challenges to State Eviction Proceedings During the Covid-19 Pandemic  This memo discusses possible avenues for challenging local courts or state court systems under federal claims based on the due process, the CARES Act, or fair housing theories to stop them from hearing some or all residential eviction cases during the Covid-19 pandemic. It also discusses standing requirements, abstention doctrines, Anti-Injunction Act, judicial immunity, and Eleventh Amendment concerns. (May 29, 2020)

Procedural Due Process Challenges to Evictions During the Covid-19 Pandemic  This NHLP memo explores due process arguments and defenses potentially available to individual tenants facing eviction during the COVID-19 pandemic, including issues related to notice of proceedings, difficulties with investigation and hearing preparation, and challenges presented by remote hearings. (updated May 22, 2020)

Tenant Rights of Domestic Violence Survivors During COVID-19: A Resource for Domestic Violence and Housing Advocates  This NHLP resource for advocates provides a brief overview of the housing rights of survivors in the context of COVID-19. (May 4, 2020)  En español: Derechos de las inquilinas sobrevivientes de violencia doméstica durante la epidemia de COVID-19 Un recurso para defensores de víctimas de violencia doméstica y de acceso a la vivienda (May 14, 2020)

Does a New Federal Law Protect You from Eviction?  This fact sheet for tenants was created by NHLP, the Alliance for Housing Justice, and the National Low Income Housing Coalition.  En español:  ¿Le ofrece la nueva ley federal protección contra el desalojo? (May 5, 2020)

Analysis of HUD’s Public and Indian Housing Waiver Notice  NHLP’s analysis of HUD’s PIH Notice 2020-05 regarding COVID-19 statutory and regulatory waivers includes (1) an overview of the notice (2) a list of key policies for advocating with your local PHA, (3) a summary of available waivers for the Housing Choice Voucher and Public Housing programs that impact tenants’ rights and housing access. (April 23, 2020)

Reasonable Accommodations and Disability Discrimination in the Context of COVID-19 This NHLP analysis provides an overview of the relationship between COVID-19 and the ability of tenants to obtain reasonable accommodations from their landlords. (April 6, 2020)

Homeowner Protection and Resources

Foreclosure Protections and Mortgage Payment Relief for Homeowners This is an NHLP summary of single-family mortgage provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and related federal actions. (UPDATED May 18, 2020)

USDA Rural Development Single Family Direct Loan Servicing Options This is an NHLP memo on the CARES Act and USDA Rural Development (RD) loan servicing tools available in order to advise clients about which RD servicing tools are most beneficial to them. (UPDATED April 27, 2020)

Policy Advocacy and Analysis 

Safe at Home:  Non-Monetary Relief for Tenants During the COVID Emergency This NHLP document outlines a number of strategies besides rent relief to help tenants remain housed and to preserve stability during this time of economic uncertainty and health risk. (June 2, 2020)

Advocacy to Multiple Agencies

Create Searchable Mechanism for Tenants Letter from 94 organizations urging HUD, the Federal Housing Finance Agency (FHFA), Veterans Affairs, and USDA to provide tenants with a mechanism to identify whether their apartment, home, or manufactured housing is covered by the tenant protections in the CARES Act. (May 1, 2020

U.S. Department of Housing and Urban Development (HUD) Advocacy

Revise HUD Guidance to Include Correct Coverage to Tax Credit Properties Under Federal Moratorium  Joint letter from NHLP and NLIHC urging HUD to immediately revise its recent Public and Indian Housing and Multifamily guidance on the CARES Act eviction moratorium to correctly state that the moratorium applies to all tenants of any Low Income Housing Tax Credit property.  (May 1, 2020)

Implement Key PHA and Owner Policies  Joint letter from NHLP and NLIHC arguing that HUD’s waiver authority does not go far enough to protect tenants and maximize housing resources. (April 21, 2020)

Mandate and Streamline Interim Re-certifications  Joint NHLP, NLIHC, and National Alliance of HUD Tenants memo urging HUD to take immediate action to mandate and streamline interim re-certifications, which HUD has the authority and funding to do. This is a follow-up to this March 26, 2020 letter to HUD that the same groups sent after HUD implemented some changes but not to the extent needed.  (May 6, 2020)

Protect Seniors with Reverse Mortgages Joint  letter demanding that HUD take additional steps to protect seniors with reverse mortgages. (March 24, 2020)

Analysis of HUD’s Authority to Impose an Eviction Moratorium HUD has the plenary power to declare a moratorium on eviction for all of its programs for the duration of the emergency. (March 19, 2020)

Implement Immediate Tenant and Homeowner Protection Joint NHLP and NLIHC letter urging HUD to take immediate steps to protect tenants and homeowners. (March 19, 2020)

U.S. Department of Agriculture (USDA) Advocacy

Provide Tenant Protections Joint letter from NHLP, NLIHC and Housing Assistance Council urging USDA’s Rural Housing Service to take a more proactive approach for eviction protections for all RHS-assisted tenants. (March 27, 2020)

Undertake Eviction and Foreclosure Protections  Joint letter from NHLP, NLIHC, and LeadingAge urging USDA to take eviction and foreclosure and other actions to protect residents and homeowners. (March 20, 2020)

U.S. Congress Advocacy

Address the Needs of People Experiencing Homelessness  Joint letter asking Congress to include resources to address the needs of people experiencing homelessness and to help ensure housing stability for low-income individuals. (March 19, 2020)

Federal Government Resources

HUD Public Housing

HUD PIH Notice 2020-08, CARES Act – HCV Program Administrative Fees – Notice of CARES Act Funding for the Voucher Program (April 28, 2020) 

HUD PIH Notice 2020-07, Implementation of Supplemental Guidance to the Federal Fiscal Year 2020 Operating Fund Appropriations – Notice of CARES Act funding for Public Housing (April 28, 2020) 

HUD, COVID-19 FAQs for Public Housing Agencies This update includes new guidance on the eviction moratorium, repayment plans, and other topics. Notably, HUD has a new question and response making clear that tenants living in LIHTC properties are protected by the CARES Act (see EM15). (updated May 29,2020)

HUD, Eviction Moratorium, FAQs for Public Housing Agencies (updated April 21, 2020)

HUD PIH Notice 2020-05, COVID-19 Statutory and Regulatory Waivers for the Public Housing, Housing Choice Voucher, Indian Housing Block Grant and Indian Community Development Block Grant programs, Suspension of Public Housing Assessment System and Section Eight Management Assessment Program (April 10,2020)
 
HUD, Addressing Tenant Concerns Regarding Rent and the Temporary Suspension of Evictions for Nonpayment of Rent – PIH Tenant Flyer  Other Languages:  Translated Versions of Tenant Flyer

HUD Multifamily Housing 

HUD, Questions and Answers for Office of Multifamily Housing Stakeholders (updated May 21, 2020) 

HUD, Addressing Tenant Concerns During the COVID-19 National Emergency – Multifamily Tenant Flyer (updated May 2020)  Other Languages:  Translated Versions of Tenant Flyer

USDA Rural Development

USDA Rural Development has multi-family rental housing initial actions in response to COVID-19.  Rural Development continues to publish immediate action memos.  Rural Development also has a COVID 19 Federal Rural Resource Guide.  

Other National Resources 

Energy Efficiency for All’s website tracking state and local housing policy responses to COVID-19. The tracking includes utility disconnection policies, eviction moratoria, and announced LIHTC policies.

National Alliance for Safe Housing, COVID-19 Response Resources This site provides links to a number of resources for advocates who serve survivors of domestic and sexual violence.

National Center for State Courts has the current status of state court closings.

National Council of State Housing Agencies’ list of state housing finance agencies’ announcements/guidance.

National Consumer Law Center has some helpful resources about various consumer issues relating to the current emergency, including what homeowners should know about available mortgage relief.

National Fair Housing Alliance has additional information regarding a range of fair housing issues.

National Low Income Housing Coalition’s website has some great resources on federal, state, and local information.

Join the Housing Justice Network!
The Housing Justice Network (HJN) is a dedicated community of professionals who serve on the front lines to advance housing rights. The HJN is an informal network of more than 700 experienced housing advocates and clients from throughout the country.  The network is hosted by the National Housing Law Project but the content, history and soul of HJN is carried by attorneys and advocates across the country who work on housing rights.  Membership in HJN is open to those who regularly represent low- and very-low income persons and households on housing issues. Typically, HJN members are attorneys or other housing advocates who represent low-income residents and homeowners in judicial, administrative or legislative proceedings.  

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