APARTMENT ADVOCATE
Colorado Court Holds CARES Act Notice Requirement Has Expired
The decision is now under review before the Colorado Supreme Court .
In a win for a local housing provider , a Colorado county court denied a resident ’ s motion to dismiss for lack of subject matter jurisdiction in an eviction action focused on the federal CARES Act notice to vacate requirement .
Prior to filing its Complaint in Forcible Entry and Detainer , the housing provider issued a 10-day Demand for Rent or Possession to the resident in accordance with Colorado law . The resident ’ s motion to dismiss argued that because they lived in a “ covered property ” subject to the CARES Act , the housing provider was required to give a 30-day notice before requiring the resident to vacate . The resident also argued that because of the inadequate notice , the court lacked subject matter jurisdiction over the claim .
In its unpublished order denying the resident ’ s motion to dismiss , the Court cites that Section 9058 [ of the CARES Act ] “ is titled ‘ Temporary Moratorium of Eviction Filings ,’ highlighting the temporary nature of the remedies provided . Subsection ( b ) of 15 U . S . C . 9058 sets out an expiration date 120- days from March 27 , 2020 . Subsection ( c )( 1 ) requires that a 30-day notice to vacate be provided to a tenant . Subsection ( c ) is not independent or separate from subsection ( b ), they both expire 120 days from March 27 , 2020 .”
The resident has appealed the decision to the Colorado Supreme Court .
Andrew Hamrick , the General Counsel and Senior VP of Government Affairs for the Apartment Association of Metro Denver ( AAMD ), discussed the importance of this decision before Colorado ’ s highest court . He states , “ Only two of Colorado ' s 64 counties had found that there was a continuing obligation for the CARES Act notices . Absent the requirements of the CARES Act , Colorado statute requires a 10-day rent demand . Such a reversal would have the effect of imposing the CARES Act notice requirement statewide .” AAMD , along with several other organizations that represent owners and operators along Colorado ’ s Front
Range , filed an amicus brief ( friend of the court ) in the matter before the Colorado Supreme Court .
Through its advocacy efforts , the National Apartment Association ( NAA ) continues to seek a legislative solution that acknowledges what the CO court confirmed , that the federal CARES Act notice to vacate requirement was temporary and expired when the moratorium itself expired in 2020 . As one of NAA ’ s top three federal priorities in 2023 , we continue to urge co-sponsorship of and passage of the HR 802 , “ Respect State Housing Laws Act ", which rightfully returns this issue to the states . www . aamdhq . org APRIL 2023 TRENDS | 47