Memorandum discussing continuing applicability of 30-day notice requirement for certain evictions in properties participating in federal housing programs or with federally-backed financing. Updates users on changes caselaw and regulatory developments and on statutory changes to covered housing programs in the 2022 VAWA reauthorization.
Webinar – End of the CARES Act Moratorium: mini-moratoriums, 30 day notice and eviction legal strategy in the pandemic
National Housing Law Project hosted the webinar “End of the CARES Act Moratorium: mini-moratoriums, 30 day notice and eviction legal strategy in the pandemic.” Webinar materials are provided at the link above. (July 23, 2020)
The federal stimulus package in response to COVID-19 (The CARES Act) was passed on March 27 and expired July 24. Landlords are still obligated indefinitely to provide a 30-day eviction notice for any property covered by the CARES Act. This 30-day notice overrides all state and local landlord-tenant law regarding notices for properties covered by CARES.The bill includes a moratorium on some residential evictions. This is a summary from NHLP of those eviction protections. (Text updated July 27, 2020; summary document 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.
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)
CARES Act Litigation and Litigation Resources
Complaint (FDCPA, state consumer protection act)
U.S. District Court complaint against eviction law firm alleging unfair debt collection practices and consumer protection act violations in connection with prosecuting evictions against tenants protected by the eviction moratorium under Sec. 4024 of the CARES Act. Complaint by Frank With of Legal Services of Eastern Virginia. (posted July 15, 2020)
Draft Complaint (disability discrimination, due process, right to petition/access to court, failure to train, denial of public access, free speech, CARES Act)
Ten count U.S. District Court complaint against housing provider and justice of the peace court for pursuing, hearing, and deciding unlawful eviction cases and for failing to adopt court procedures consistent with due process requirements and that provide equal access for people with disabilities and meaningful public participation. Prepared by Bill Quigley of Loyola Law School and Hannah Adams of Southeast Louisiana Legal Services. (posted July 15, 2020)
This is for use against a landlord or landlord’s agent for unlawfully filing or threatening to file eviction action in violation of the CARES Act. Created by Legal Aid Chicago, it includes both federal debt collection and state consumer protection act claims. (posted June 25, 2020)
This trial court brief seeks dismissal of an eviction lawsuit unlawfully filed under the CARES Act in Douglas County, NE. The motion to dismiss was granted in the accompanying order. Notably, the court considered and rejected HUD’s implication in EM12 that non-subsidized units in properties participating in the Housing Choice Voucher Program are not covered by Sec. 4024 of the CARES Act. The tenant was represented by Caitlin Cedfeldt of Legal Aid of Nebraska, who submitted a brief. (filed June 12, 2020)
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:
- Arkansas Supreme Court – In Re Response to the COVID-19 Pandemic—Eviction Filings (Apr. 28, 2020)
- Georgia Supreme Court
- Idaho Supreme Court – In Re Eviction Moratorium under the CARES Act (May 4, 2020)
- Iowa Supreme Court Order (see pages 11-12) with CARES Act Landlord Verification Form and CARES Act Verification Form Instructions (May 22, 2020)
- Illinois Supreme Court M.R. 30370 – In re: Illinois Courts Response to COVID-19 Emergency – CARES Act (May 22, 2020)
- Michigan Supreme Court – Administrative Order No. 2020-8 (Apr. 16, 2020)
- Pennsylvania Supreme Court per curaim Order In re: Filing an affidavit of compliance with the federal CARES Act in landlord-tenant cases, No. 537 (July 16, 2020)
- South Carolina Supreme Court
- Texas Supreme Court Misc. Docket No. 20-9066 (May 14, 2020)