Coronavirus Aid, Relief, and Economic Security Act

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This only addressing the HOUSING section of the relief package...

• Mortgage Forbearance - Borrowers of government-backed mortgages (Fannie Mae, Freddie Mac, HUD, VA and USDA) can request up to 360-day payment forbearance without proof of hardship. No additional fees, interest, or penalties can be assessed for the forbearance. Except for abandoned or vacant property, there may be no foreclosure actions for 60 days from 3/18/2020.

• Owners of multifamily properties who were current on their mortgage payments as of February 1, 2020, and have federally insured, assisted, or supplemented loan (Fannie Mae, Freddie Mac, FHA or any loans backed or assisted by any branch of the federal government, including LIHTC) may request forbearance for 30 days due to financial hardship, with extensions of up to a total of 90 days. Borrowers receiving the forbearance may not evict or charge late fees to tenants for the duration of the forbearance period.

• Moratorium on eviction filings, or fees or penalties for tenants for nonpayment of rent for 120 days on properties insured, guaranteed, supplemented, protected, or assisted in any way by HUD, Fannie Mae, Freddie Mac, the rural housing voucher program, covered by the Violence Against Women Act of 1994.

• $1.25b for Section 8 voucher rental assistance for seniors, the disabled, and low-income working families, who will experience loss of income from the coronavirus.

• $5b for CDBG to help communities and states address COVID-19.

• $1 billion for project-based rental assistance to make up for reduced tenant payments as a result of coronavirus.

• $50m for Section 202 Housing for the Elderly to maintain housing stability and services for low-income seniors.

• $15 million for Section 811 Housing for Persons with Disabilities to make up for reduced tenant payments as a result of coronavirus.

NOTE: ON MARCH 27, 2020 THE STIMULUS ACT BARRED ALL EVICTIONS ON CERTAIN PROPERTIES DEPENDING ON TYPE OF FINANCING AND TYPE OF PROPERTY.

IF THE COURTS ARE OPEN AND PROCESSING EVICTIONS AND THE PROPERTY IS NOT A GOVERNED PROPERTY OR HAS NO MORTGAGE (PAID OFF) THE ATTORNEY MAY STILL BE ABLE TO FILE EVICTIONS.

ALL BELOW INFORMATION IS CHANGING AND SHOULD NOT BE RELIED UPON UNTIL FURTHER NOTICE:

1. If the Tenant is violating the lease, can you still serve 7 Day to Cure or 7 Day to Terminate?

YES, AND YOU SHOULD, BUT IF THE COURTS ARE CLOSED, AN EVICTION WILL NOT BE ABLE TO BE FILED.

2. If we do not want to renew the lease. Can we serve a Notice of Non-renewal?

YES, BUT IF THE COURTS ARE CLOSED, AN EVICTION WILL NOT BE ABLE TO BE FILED.

3. If the local courthouse is open. Can we file an eviction?

YES, EVICTION CAN BE FILED BUT JUDGES MAY NOT PROCESS THE CASES AND/OR THE SHERIFF MAY NOT SERVE AND EXECUTE THE WRIT OF POSSESSION.

4. If a Tenant is refusing access for a repair. What do we do?

IF IT IS A NON-ESSENTIAL REPAIR, WE SHOULD HOLD OFF.  IF ESSENTIAL, LAW ENFORCEMENT CAN BE CALLED TO SEE IF THEY WILL ALLOW US ACCESS.

5. There is an emergency repair that must be done. It is an active lease. Can we force our way in?

IF IT IS AN ESSENTIAL REPAIR, LAW ENFORCEMENT SHOULD BE CALLED TO SEE IF THEY WILL ALLOW US ACCESS.

6. The Tenant wants to make a payment arrangement for April rent. Can we do this?

YES, BUT THE COURTS MAY BE CLOSED SO WE MAY NOT BE ABLE TO PROCEED ON FILING AN EVICTION IF THE TENANT DEFAULTS ON THE ARRANGEMENT. WE HAVE THE FORM TO USE.

7. The courthouse is closed. Can we serve a Three-Day Notice to Pay Rent or Quit?

OUR ATTORNEY RECOMMENDS THAT WE DO NOT SERVE A THREE-DAY NOTICE IF THE COURTS ARE CLOSED.

8. Can I continue to charge late fees if the courts are closed?

OUR ATTORNEY RECOMMENDS THAT LATE FEES INCLUDING PER DIEM LATE FEES ARE NOT CHARGED AT THIS TIME.

9. Once the court reopens, do I need to serve a new Three-Day Notice to Pay Rent or Quit?

YES, A NEW THREE-DAY NOTICE SHOULD BE SERVED WITH NO LATE FEES.

10. Are we required to notify other Tenants if we know a Tenant has tested positive for Coronavirus?

 OUR ATTORNEY RECOMMENDS THAT WE CALL THE LOCAL HEALTH DEPARTMENT FOR GUIDANCE. THIS WILL BE DONE ON AN AS NEEDED BASIS.

11. Is public access to our office closed?

YES, OUR ATTORNEY RECOMMENDED THAT PUBLIC ACCESS, INCLUDING PROSPECTS AND TENANTS, SHOULD BE PROHIBITED.

12. The lease has a separate charge for certain amenities. If the Tenant is prevented from using them, should the Tenant be charged this amount on the ledger or the Three-Day Notice?

NO, THE AMOUNT SHOULD BE REMOVED

13. If the courts are closed can the attorney still electronically file the evictions?

WE WILL CONTACT OUR ATTORNEY FOR THIS ADVICE ON AN AS NEEDED BASIS.

14. Can we evict a Tenant for a non-rent related noncompliance?

IF THE COURTS ARE CLOSED, WE WILL NOT BE ABLE TO FILE ANY EVICTIONS. IF THE COURTS ARE OPEN AND THERE IS A MORATORIUM ON NONPAYMENT CASES ONLY, WE MAY BE ABLE TO EVICT.

17. If the property is paid off with no mortgage, is it a "COVERED PROPERTY"?

NO.

18. Does a tenant have to provide proof of need or proof they were laid off to be protected under the Stimulus?

NO.  BUT WE ARE REQUESTING THAT ALL TENANTS INQUIRE ABOUT OTHER MEANS OF ASSISTANCE PRIOR TO REQUESTING ASSISTANCE FROM LANDLORDS VIA OUR FINANCIAL HARDSHIP REQUEST FORM.

19. Can I REQUIRE that tenants provide us proof that they were impacted by the Coronavirus?

NO. WE CANNOT REQUIRE IT BUT WILL REQUEST IT FROM THEM AS A SUPPORTING DOCUMENT FOR THE FINANCIAL HARDSHIP REQUEST.