The U.S. Department of Housing and Urban Development (HUD) has issued an informational flyer addressing additional resources on the Temporary Moratorium on Eviction Filings signed into law on March 27, 2020, by the President under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). This flyer is being provided to all Housing Choice Voucher, Public Housing and Moderate Rehabilitation Program residents.
The FAQs on the eviction moratorium are available here.
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HUD Releases Guidance on Eviction Moratorium
On April 21, 2020 HUD released guidelines for housing authorities (“HAs”) regarding the temporary eviction moratorium (Section 4024 of CARES Act) which began March 27, 2020. The document reminds HAs of the following:
- Tenants are not relieved of their obligation to pay rent during the eviction moratorium.
- No eviction actions for nonpayment of rent can be initiated during the moratorium, and no fees for nonpayment of rent can be assessed to any tenant. HAs can send late notices to residents during the moratorium.
- Following the moratorium, payment arrangements must be made with tenants that have rent balances, and normal enforcement actions can begin for noncompliance.
- All eviction actions unrelated to rent can proceed during the moratorium, as can the collection of late fees assessed prior to the moratorium.
HUD is also prohibiting HAs from terminating assistance to families in the voucher program for nonpayment of rent. This prohibition, while sound given the heightened importance of housing stability, is not found in Section 4024. Under the waiver authority in the CARES Act, the HUD Secretary may have the authority to implement such a prohibition but should implement it formally and not through an FAQ document.
HAs should be concerned with and aware of local practices concerning lease enforcement. In some jurisdictions failure to enforce a lease provision timely, such as nonpayment of rent, could forfeit an HA’s right to later terminate the lease based on the violation. HAs should consult with their legal counsel and communicate fully with tenants regarding the moratorium and the HA’s plans for lease enforcement upon the conclusion of the moratorium. For the voucher program, HUD does not provide guidance on how HAs or tenants should respond to owners who violate the moratorium. PHADA will raise these concerns with HUD directly.
We recognize that you, along with every other housing authority in the country, are in unprecedented and uncertain territory, trying to mitigate the spread of the coronavirus by changing business practices while staying focused on your mission to provide housing to low-income members of your community. It is not an easy task, and while you are no stranger to operating in less than ideal conditions, we are working to make your job easier.
PHADA is in contact with HUD and Congress to advocate for adequate critical funding as well as any waivers necessary to address HA concerns for the coming months. PHADA has also been working with its leadership and members to ensure that all interests are represented in our work with HUD and Congress. If there is anything you need that you feel is not being addressed, please let us know as soon as possible. This is a challenging time for the entire industry, but we are going to make it through together. We want to hear from as many of you as possible – both members, and non-members alike. Send us an email at: info@phada.org and let us know what you think HUD and Congress can be doing for you and your community. PHADA will continue to make sure your voice is heard as decisions are being made.
Public Housing Authorities Directors Association
511 Capitol Court, NE, Washington, DC 20002
202.546.5445 | Fax: 202.546.2280
www.phada.org
