Two HUD offices—Public and Indian Housing (PIH) and Multifamily Housing Programs (Multifamily)—sent emails to stakeholders informing them of the moratorium on evictions for nonpayment of rent ordered by the Centers for Disease Control and Prevention (CDC) on September 4 (see Memo 9/8). The moratorium, which expires on December 31, 2020, does not provide emergency rental assistance resources to cover back rent, utilities, or fees.
The PIH email to public housing agency (PHA) directors explains the moratorium and eligibility requirements. PIH states that the CDC eviction moratorium for nonpayment of rent applies to the Public Housing, Housing Choice Voucher (HCV), and the Section 8 Moderate Rehabilitation (Mod Rehab) programs. Residents must complete a declaration form required by the Order and provide it to their PHA or landlord. PHAs and landlords may make the declaration form available to any resident who may be subject to eviction for nonpayment of rent. PIH will be providing PHAs with a flyer that can be provided to residents. PIH reminds PHAs that they can adopt policies for retroactive interim income reexaminations and review their policies on minimum rent and financial hardship exemptions.
The Multifamily email also explains the moratorium and eligibility requirements. Multifamily property owners and management agents are encouraged to inform residents of the eviction protections under this Order and the required Declaration form. In particular, owners of HUD-assisted and FHA-insured properties who are notifying residents that their tenancy will be terminated for nonpayment of rent or fees when the moratorium expires should inform residents of the protections available to them under the Order and should document such notifications in the tenant file.
Multifamily clarifies that the Order does not affect the CARES Act provisions related to borrowers who have received forbearance on an FHA-insured multifamily loan. HUD’s guidance on evictions at HUD-insured or HUD-held mortgages while under forbearance remains in effect and can be found in Housing Notice H 2020-07 (see Memo 7/13).
Both PIH and Multifamily encourage PHAs, landlords, and housing providers to enter into repayment agreements for past due rent to avoid evictions or an unaffordable lump sum rent payment after the CDC Order expires on December 31.
To be protected, qualified renters facing eviction should immediately provide a signed declaration to their landlords. More details about the moratorium and a sample declaration renters can use is on NLIHC’s National Moratorium webpage that includes NLIHC’s and the National Housing Law Project’s Overview of National Eviction Moratorium, NLIHC’s National Eviction Moratorium: FAQ for Renters, and versions of the declaration in English, Spanish, Mandarin, Vietnamese, and Arabic.
In the declaration, renters must state, under penalty of perjury, that: 1) they have used their best efforts to obtain rental assistance; 2) they expect to earn no more than $99,000 in 2020 (or no more than $198,000 if filing a joint tax return), were not required to report income in 2019 to the IRS, or did not an Economic Impact Payment under the CARES Act; 3) they are unable to pay the full rent or make a full rent payment due to loss of income, loss of work hours, or extraordinary medical costs; 4) they are using best efforts to make partial rent payments; and 5) an eviction would result in homelessness or force them to double or triple up with other households.
The PIH email is at: https://bit.ly/33jO7eW
The Multifamily email is at: https://bit.ly/3ik9cMz
NLIHC’s National Moratorium webpage is at: https://bit.ly/3mkEWno
More about public housing is on page 4-30 of NLIHC’s 2020 Advocates’ Guide.
More about Housing Choice Vouchers is on page 4-1 of NLIHC’s 2020 Advocates’ Guide.
More about Multifamily housing is on page 4-61 of NLIHC’s 2020 Advocates’ Guide.