What is the eviction moratorium? Congress recently passed the CARES Act, a new federal law that sets into place an eviction moratorium which says that you cannot be evicted for not paying your rent from March 27, 2020 to July 24, 2020. You also can’t be charged late fees for not paying your rent during this time. You will still have to pay the rent you owe. The eviction moratorium applies to ALL public housing and voucher tenants.
What happens after July 24, 2020? Starting on July 25, 2020, your landlord or the housing authority can give you a 30-day eviction notice if you have not paid your rent. You may have received a reminder notice from your landlord or the housing authority to pay your rent prior to July 25, 2020. A reminder notice is different than an eviction notice.
What if I have rent due after July 24, 2020? Make sure all recertification were done properly and that you are owe the rent due. Contact your landlord or the housing authority if you are going to have trouble paying the rent. Try to work out a repayment plan for any rent that is due.
What can you do if you are having trouble paying rent?
Voucher and Public Housing participants: Contact your landlord right away. If you lost your job or had a significant loss of income, request an interim reexamination with the housing authority as soon as possible. Your rent can be adjusted to reflect the change in income, or you may be eligible for a financial hardship exemption. Your landlord may work with you to set up a repayment agreement or direct you to other local resources.
Voucher participants only: Contact your landlord right away. Reach out early to discuss potential payment plans or accommodations. Due to loss in income and the resulting interim reexamination, your rent adjustment may be retroactive. Confirm with the PHA and your landlord whether you receive a credit for previous month.
What else should you know?
- Rent is still due during this time period and will accumulate if unpaid.
- Your landlord and the PHA cannot initiate a new eviction action for nonpayment of rent. You should not receive a notice to vacate for nonpayment of rent from March 27, 2020 – July 24, 2020.
- Your landlord and the PHA cannot charge any late fees, or accrue charges/fees, and your assistance cannot be terminated for past due rent in April, May, June and July 2020.
- If you are behind on rent after the suspension of evictions expire:
- Voucher participants: you will need to negotiate directly with your landlord to determine requirements to repay unpaid rent, otherwise, your landlord could file an eviction.
- Public Housing participants: you will need to work with the PHA to pay unpaid rent in a lump sum or set up a repayment agreement, otherwise, your assistance could be terminated and/or the PHA could file an eviction
- Evictions for nonpayment of rent filed with the court before March 27, 2020 can proceed if there is no conflict with state or local laws.
- The PHA or your landlord can still terminate assistance and evict for drug abuse, criminal activity, lease violations, fraud, repeated minor violations, other good cause, etc.
- HUD does not intervene or participate in eviction proceedings. If you feel you are being wrongfully evicted, contact your local legal office. If you are a Voucher participant, you may also contact your local PHA.