HUD’s Office of HIV/AIDS Housing in the Office of Community Planning and Development (CPD) posted a fact sheet, “Overview of CARES Act Moratorium on Evictions and Effect on the Housing Opportunities for Persons with AIDS (HOPWA) Program,” on May 8. The fact sheet uses a Q&A format to provide guidance about the CARES Act eviction moratorium provisions (see Memo, 4/13) as they apply to properties assisted with HOPWA funds. Most of the information is the same as that in previously issued flyers from HUD’s Office of Multifamily Housing Programs and Office of Public and Indian Housing (see article in this issue of Memo).
The fact sheet states that the moratorium applies to properties occupied by households that receive ongoing rental assistance in HOPWA’s Tenant/Project-Based Rental Assistance (TBRA/PBRA), Transitional Housing (TH), and Short-Term Rental Assistance under STRMU (Short-Term Rent, Mortgage, and Utility Assistance). However, properties occupied by households that receive only utility and mortgage assistance under STRMU as a one-time non-recurring payment are not covered by the moratorium, unless the property has a federally backed mortgage loan, which makes it subject to a 60-day moratorium on evictions.
The fact sheet notes that a household must repay the landlord or sign a repayment agreement to pay any amount owed after the moratorium has ended. Although a landlord may evict a household for criminal activity or other lease violations, HUD encourages HOPWA grantees and project sponsors to do all they can to keep people from being evicted. Grantees and project sponsors should also be mindful of other restrictions that apply to evictions, such as the tenant protections provided in HUD’s Violence Against Women Act (VAWA) final rule.
If a household receives an eviction notice for nonpayment of rent, they should reach out to their case manager as soon as possible. The grantee/project sponsor or household member can then inform the landlord that the eviction is against the law if it applies to nonpayment of rent between March 27 and July 25, and that no fees or penalties related to nonpayment of rent can be charged.
Additional guidance will be provided regarding:
- Notification information for new/current landlords and HOPWA-assisted households about the moratorium;
- Interim rent calculation processes for households experiencing income changes due to coronavirus; and
- Actions local jurisdictions can take to ensure mass evictions do not occur for HUD-assisted households after the 120-day eviction moratorium has passed.
The HOPWA fact sheet is at: https://bit.ly/3fIkFES
More about HOPWA is on page 4-79 of NLIHC’s 2020 Advocates’ Guide.