Passed into law on March 27, 2020 in response to the COVID-19 pandemic, the Coronavirus Aid, Relief and Economic Security (CARES) Act includes provision for an eviction moratorium on non-payment of rent for most federal housing programs.  It limits owners from filing new evictions for non-payment of rent during the 120-day moratorium period and prohibits them from charging any fees, penalties or other charges related to non-payment during the same time period.  The Act also prohibits owners from evicting tenants after the moratorium expires except with 30 days’ notice and further provides that any such notice cannot be given until after the moratorium ends.

Among the programs included in the Act are those covered by VAWA, which may have been the crafters’ simple way of extending the coverage to most federal housing programs.  HUD programs subject to the provision are Public Housing, Section 8 Housing Choice Vouchers, Section 8 project-based housing, Section 202 housing for the elderly, Section 811 housing for people with disabilities, Section 236 multifamily rental housing, Section 221(d)(3) Below Market Interest Rate (BMIR) housing, HOME, Housing Opportunities for Persons with AIDS (HOPWA) and McKinney Vento Act homelessness programs.  Also covered are housing programs of the USDA, including Section 515 Rural Rental Housing, Section 514 and 516 Farm Labor Housing, Section 533 Housing Preservation Grants and Section 538 multifamily rental housing.  Additionally, the moratorium applies to the Low-Income Housing Tax Credit (LIHTC) program administered by the Internal Revenue Service.

The Eviction Moratorium became effective on the same day the bill was signed into law, March 27, 2020, and remains effective until Friday, July 24, 2020.  Keep in mind that many states have also issued their own eviction moratoriums that may be broader in scope than the CARE Act provisions, so all requirements must be taken into consideration when navigating and implementing these mandates.

The Eviction Moratorium provisions fall under Subtitle A, Title IV of the CARE Act and may be found here:

Note: NCHM does not provide legal or financial advice. Should you have questions of a legal, tax, or financial nature we urge you to consult the appropriate qualified professionals.  

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