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CDC Eviction Moratorium

The CDC Eviction Moratorium has been EXTENDED until June 30, 2021. link to CDC order link to CDC declaration for tenants NHLP’s Legal Analysis of March 29, 2021 Order (effective date April 1, 2021) This memo addresses questions posed by this extension of the CDC order through June 30, 2021. (Memo date:  March 30, 2021) Terkel v. CDC Judgment Analysis/Legal Memorandum regarding a Texas federal court ruling that the CDC Order on Evictions is unconstitutional. The ruling is a declaratory judgment and only applies to the plaintiffs in the case. The CDC moratorium remains in effect for all other landlords and tenants. The Department of Justice has appealed the case. (March... Read More »

Homeowner Protection and Resources

Homeowner Assistance Fund FAQs As part of section 3206 of the American Rescue Plan, Congress has created the Homeowner Assistance Fund, which will provide $9.9 billion to the U.S. Department of the Treasury to give out to states, territories, and tribes to help homeowners facing hardships during the COVID-19 pandemic. This is a summary from the National Consumer Law Center and the Center for NYC Neighborhoods. (March 2021) 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 March 1, 2021) USDA Rural Development Single Family Direct Loan Servicing Options This is an NHLP... Read More »

Federal Notices and Guidance

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... Read More »

Litigation Resources

Ohio CDC Brief Brief responding to landlord’s motion in Columbus, Ohio case for for eviction judgment against covered tenant on grounds that CDC eviction halt order is unconstitutional. Discusses Terkel v. CDC case and other federal opinions regarding constitutionality of CDC order. Drafted by Kaci Philpot, Zach Bowerman, and Jyoshu Tsushima of Legal Aid Society of Columbus with supervision of Melissa Benson. (March 4, 2021) Amicus Brief (Massachusetts eviction moratorium)  Submitted July 24, 2020, in Matorin v. Executive Office of Housing & Economic Development, a lawsuit pending in Massachusetts that challenges that state’s moratorium on “non-essential” eviction proceedings. Principally authored by NHLP with assistance from Joseph Sherman of MetroWest Legal Services in Framingham, Massachusetts. (July 24, 2020) Complaint (FDCPA,... Read More »

State and Local Model Policies and Resources

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... Read More »

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)... Read More »

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)... Read More »

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... Read More »

Advocacy to Multiple Agencies

Protect Tenants and Manufactured Home Communities in GSE-backed Multifamily Mortgages 60 organizations including NHLP urge the Federal Housing Finance Agency (FHFA), Fannie Mae, and Freddie Mac to take steps to ensure that all tenants (including residents of manufactured housing communities) living in properties with GSE-backed multifamily mortgages are aware of the protections available to them under recent FHFA and GSE guidance regarding forbearances for multifamily mortgage borrowers. (July 21, 2020) 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. Read More »

Policy Advocacy and Analysis

Model State Legislation: Safe at Home Act Model legislative text implementing many of the policies described in Safe at Home: Non-Monetary Relief for Tenants During the COVID Emergency (July 27, 2020) Emergency Rental Assistance Recommendations This NHLP resource highlights principles for emergency rental assistance administration at the federal, state, and local levels.  It also contains federal policy recommendations to address short and longer term emergency rental assistance needs under the Emergency Solutions Grants program, emergency vouchers, and the HOME Investment Partnerships program.  (June 9, 2020) 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... Read More »