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HUD HOME Program Provides Sample Cares Act Eviction Moratorium Materials for Tenants and Owners

The Office of Affordable Housing Programs (OAHP) in HUD’s Office of Community Planning and Development (CPD) posted on June 9 a sample flyer for tenants and a sample letter to owners. Participating Jurisdictions (PJs) can use the flyer to notify tenant and property owners about the temporary eviction moratorium established by the CARES Act for properties that have “covered dwelling units” assisted by the HOME Investment Partnerships Program (HOME). OAHP posted a May 1 document on Frequently Asked Questions (FAQ) providing guidance specific to the HOME Program regarding the CARES Act temporary eviction moratorium (see Memo, 5/11).

The CARES Act created a federal moratorium on evictions of tenants living in certain types of housing, including housing supported with HOME funds (see Memo, 4/13). The federal moratorium took effect on March 27 and extends until July 25, 2020. (NOTE: The flyer and sample letter state that the last day is July 24, apparently because July 25 is a Saturday.) During this 120-day period, landlords cannot file new eviction actions for nonpayment of rent, nor can they charge late fees, penalties, or other charges related to nonpayment of rent.

The flyer for tenants and the letter for owners explain circumstances in which tenants can be evicted for not paying rent before March 27 or for lease violations not related to nonpayment of rent. In both situations, owners must still give tenants a written notice 30 days before evicting them, and owners must still comply with HOME requirements, including notifying the PJ.

The tenant flyer adds that if someone loses a job or has a significant loss of income, they should notify their landlord or property manager as soon as possible and ask about available options, such as an extended payment plan. The flyer adds that resources may be available in from public assistance programs or charities to assist with rental payments. The letter for owners suggests that they provide the tenant flyer to residents.

The sample flyer for tenants and letter for owners is at: https://bit.ly/3dR8W5C

More information about the HOME Program is on page 5-5 of NLIHC’s 2020 Advocates’ Guide.