Eviction Rights under the Federal CARES Act
LEGAL AID SOCIETY OF SAN DIEGO’S GUIDE TO THE FEDERAL CARES ACT EVICTION MORATORIUM RELATED TO COVID-19: WHAT TENANTS AND LANDLORDS NEED TO KNOW
Created on April 07 , 2020
Please be advised that due to the U.S. being in a state of emergency,government directives and orders, and associated enforcement proceduresare rapidly changing. The contents of this document do not have the forceand effect of law. This document is intended only to provide clarity for thepublic regarding existing requirements under the law or agency policies.This Fact Sheet is intended to provide accurate, general informationregarding legal rights relating to housing in California. Yet because laws andlegal procedures are subject to frequent change and differing interpretations,Legal Aid Society of San Diego, Inc. cannot ensure the information in thisFact Sheet is current nor be responsible for any use to which it is put. Do notrely on this information without consulting an attorney or the appropriateagency about your rights in your particular situation. Please do not hesitateto call us to obtain the most up to date information regarding your situation.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act provides for a 120-day federal eviction moratorium for tenants living in certain types of housing. The Act restricts landlords of “covered properties” from filing new eviction actions for non-payment of rent. What qualifies as a “covered property” is discussed below.
Eligible residential tenants must live in one of the “covered properties,” listed below, in order to receive protection under the federal CARES Act eviction moratorium:
- Public Housing
- Section 8 Housing Choice Voucher program tenancies
- Section 8 project-based housing
- Section 202 housing for the elderly (so long as there is an underlying Section 8 contract)
- Section 811 housing for people with disabilities
- Section 236 multifamily rental housing properties
- Section 221(d)(3) Below Market Interest Rate (BMIR) housing
- HOME Investment Partnership properties
- Housing Opportunities for Persons with AIDS (HOPWA) properties
- McKinnery-Vento Act homelessness program properties
- Section 515 Rural Rental Housing
- Sections 514 and 516 Farm Labor Housing
- Section 533 Housing Preservation Grants properties
- Section 538 multifamily rental housing properties
- Low-Income Housing Tax Credit (LIHTC) properties
- Rural Housing Voucher program tenancies
The Act also defines as a “covered properties” as:
- Properties with federally backed mortgage loans (1-4 units)
- Properties with federally backed multifamily mortgage loans (5 or more units)
If you live in one of these properties, your landlord is restricted from filing an eviction action against you based on non-payment of rent for 120-days starting March 27, 2020.
Your landlord should know or have access to the information necessary to determine whether the property you live at has a federally backed mortgage loan or federally backed multifamily mortgage loan. It is likely a tenant will not have access to this information, however you may ask your landlord to provide you with this easily accessible information.
No. The CARES Act eviction moratorium is not specific to the non- payment of rent because you were impacted financially due to COVID-19. To receive the protections of the Act you must live in a “covered property.”
Please be aware that the Governor’s Executive Order N-37-20 and most local emergency eviction moratoriums do not provide protection for all nonpayment of rent — so if you are not a “covered property” as defined by the CARES Act, your inability to pay rent must be related to or a result of the COVID-19 pandemic or any governmental response to the COVID-19 pandemic.
The CARES Act eviction moratorium does not specify how, if any, notice or documentation should be given to your landlord regarding your inability to pay the rent.
However, although not required under the CARES Act, it is best to stay incommunication with your landlord, especially in a state of emergency. Wesuggest you do so as outlined in state and local eviction moratoriums.Please see our FAQs for specific cities that have adopted local evictionmoratorium ordinances, or the County of San Diego ordinance if you live inan unincoprated area of San Diego County, or the Governor’s ExecutiveOrder N-37-20 for state protections.Under state, county, and localprotections, not providing notice or documentation supporting your inabilityto pay rent are detrimental to receiving those protections.
Yes. An emergency eviction moratorium does not relieve you of your responsibility to pay rent. If you are able to pay some portion of your rent, you must pay whatever amount you can (this amount will not be considered a “delayed payment”).
Though there is no mandatory rent pay-back period specified in the CARES Act, it is likely up to 30-days after its expiration. This is because a landlord of the “covered property” can only initiate an eviction for non-payment of rent with a 30-day notice once the CARES Act eviction moratorium expires.
No. If you live in a “covered property,” the CARES Act prohibits a landlord from filing a new eviction based on the non-payment of rent and also prohibits the landlord from charging fees, penalties, or other charges related to the tenant’s non-payment of rent.
A landlord can only evict you with a 30-day notice, which may not be given until after the eviction moratorium expires.
If you receive a 30-day notice when the CARES Act eviction moratorium expires, please call us at 877-LEGAL-AID (877-534-2524.
A so-called “no-cause eviction” is an eviction where the tenant is evicted without a “cause” listed on the notice to terminate tenancy. Regardless of what the circumstances are, the landlord has decided to end your tenancy at the end of a lease term or refuses to renew a term tenancy.
If you live in a “covered property,” were unable to pay your rent during the time the CARES Act eviction moratorium was in place, and receive a “no- cause eviction” notice, please call us at 877-LEGAL-AID (877-534-2524). The CARES Act may protect you if the underlying motive to terminate your tenancy is the non-payment of rent.
If your landlord is receiving forbearances on their federally backed multifamily mortgage loans, they must respect identical tenant protections for the duration of the forbearance.
If your landlord has served you with an eviction notice or initiated eviction proceedings against you, please contact us right away at 877- LEGAL-AID (877-534-2524).
The Legal Aid Society of San Diego is providing full services during this pandemic by phone only as our offices are currently closed to the public, so please call our intake specialists Monday – Friday, 9:00 a.m. to 5:00 p.m. to find out if we can help you.
Call us at: 877-LEGAL-AID (877-534-2524)