UPDATED: Enforcing the CARES Act 30-Day Eviction Notice Requirement
UPDATED 2025: Enforcing the CARES Act 30-Day Eviction Notice Requirement memorandum discussing continuing applicability of 30-day notice requirement for certain evictions in properties participating in federal housing programs or with federally-backed financing.
- Discusses unfavorable decisions by Virginia Court of Appeals and Iowa Supreme Court and arguments for persuading other courts not to follow those rulings;
- Removes the appendix which had discussed every state’s version of the rule that summary eviction lawsuits can’t be filed until the tenant is unlawfully holding over;
- References additional regulatory materials supporting recognition that CARES Act notice requirement remains in force.
UPDATED 2024: Enforcing the CARES Act 30-Day Eviction Notice Requirement memorandum discussing continuing applicability of 30-day notice requirement for certain evictions in properties participating in federal housing programs or with federally-backed financing.
- Updated discussion incorporates important victories by HJN members in cases such as Olentangy Commons Owner LLC v. Fawley and Pendleton Place, LLC v. Asentista;
- Touches on contentious issue of whether CARES Act notice provision applies to evictions for reasons other than nonpayment;
- Refutes the concurring opinion in Hazelwood v. Common Wealth Apartments, 231 N.E.3d 284, 288 (Ind. Ct. App. 2024), which suggested that the CARES Act notice provision expired at the end of the federal Covid-19 emergency declaration.
2023: Enforcing the CARES Act 30-Day Eviction Notice Requirement memorandum discussing continuing applicability of 30-day notice requirement for certain evictions in properties participating in federal housing programs or with federally-backed financing.
- Discussion of the Washington Court of Appeals’ ruling in Sherwood Auburn LLC v. Pinzon, 521 P.3d 212 (Wash. Ct. App. 2022) and other case law developments;
- Updated information regarding state court rules implementing CARES Act eviction restrictions;
- Chart summarizing law regarding ripeness of summary eviction lawsuits in every U.S. state and territory (bearing on circumstances under which initiation of summary eviction proceeding before expiration of CARES Act notice is mandatory grounds for dismissal).