Cares Act
The CARES Act residential eviction freeze is still in effect. The freeze says landlords need to give a 30-day early notice to start the eviction process. The freeze may apply to an eviction process affecting you right now.
30-Day Notice:
If you rent from a landlord who gets help from a government office, they must provide you with a 30-day notice. If you live in a building covered by a federally insured contract with five or more units, they must provide you with a 30-day notice. The CARES Act demands that your landlord give you a 30-day notice to leave before suing you for non-payment of rent. This goes for all public housing, Section 8 project-based housing, Section 8 housing vouchers, and Low-Income Housing Tax Credit Properties. If you get a voucher through HUD or live in a HUD home, you can guarantee this freeze applies to you. If you are a landlord and anyone who lives on your property and gets government money for rent or is in a housing program, then you as the landlord must give them a 30-day notice to leave.
The Department of Housing and Urban Development (“HUD”) published an interim final rule (“IFR”). On November 8, 2021, saying you would need to give them a certain time and the needed paperwork on them not paying the rent. The IFR demands HUD helpers or landlords give a 30-day notice to tenants before eviction for not paying rent. The 30-day notice must have information about local emergency rental help programs. The HUD notice is still in effect to this date. In fact, courts have held up to this notice. The courts are saying that any notice to move out but not giving the paperwork is out of order for both state and federal law. This means your case could be thrown out of court for that failure not to follow rules.
Tips to Tenants:
The Consumer Financial Protection Bureau has posted information on its website giving tips to tenants. They are letting them know that they may have the right to the CARES Act notices before being asked to move out. Tenants also have the right to be shown different types of covered jobs and ways to find out if a property is covered under the CARES Act. There are resources here to help everyone with the CARES Act's needs and to whom it applies to. They help explain and share information from many states’ local governments, and nonprofit groups as well. If you are unsure if the CARES Act residential eviction freeze applies to you, you can contact HUD at (800) 955-2232. You can also more information at https://www.consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/renter-protections/federally-subsidized/#30-day-notice.
If you want to use their online Property Search tool for FHA-insured and multi-family-assisted properties visit https://www.hud.gov/program_offices/housing/mfh/hsgrent/mfhpropertysearch.
If you have an eviction case open in state court, or you are served with a notice to leave that gives you less than 30 days to vacate, you should contact an attorney to discuss the notice you got and if it is legal.
AUTHOR: JONATHAN GREEN, STAFF ATTORNEY FOR CENTER FOR ARKANSAS LEGAL SERVICES