moratoria and asked for its sunset to both the 116th and 117th Congresses , in meetings with both the recent and current White House administrations and across all levels of media . NAA was among the first to take legal action challenging the CDC ’ s authority last September by joining the National Civil Liberties Alliance lawsuit , Richard Lee Brown , et al . v . Secretary Alex Azar , et al .
The COVID-19 pandemic was devastating , and if we do not act , the housing affordability crisis may grow into a catastrophe where the government could invoke more “ emergency ” remedies . With the meter on rent debt still running , political will waning and Congress moving past COVID-relief measures , NAA is putting up the greatest fight yet and asking the courts for two things : Fair compensation for damages suffered under the unlawful CDC order and an assurance that the federal government can never do this again .
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NAA is proud to take action for our members and work to stabilize the industry . The rental housing industry cannot be held solely responsible for an unfunded rent debt while the federal government trades one crisis for another . Ultimately , making housing providers and their residents whole again will help secure the long-term health of the rental housing industry and ensures households across the income spectrum have continued access to rental housing .
New Rule Requires Notifying Renters Being Evicted
On April 19 , the Consumer Financial Protection Bureau ( CFPB ) issued an interim final rule requiring “ debt collectors ” to provide written notice to renters of their rights under the CDC ’ s eviction moratorium order and prohibiting " debt collectors " from misrepresenting renters ’ eligibility for protection from eviction under the moratorium . The rule will go into effect on May 3 and last through the duration of the CDC Order , which was recently extended through June 30 , 2021 .
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To understand the rule ’ s applicability , it is important to note the CFPB ’ s definition of “ debt collector ,” derived from the Fair Debt Collection Practices Act ( FDCPA ). According to the CFPB , under the FDCPA :
[ The interim final rule requirement ] may include lawyers who represent landlords or property managers in eviction court to collect unpaid rent , if they start collecting the debt for [ a renter ’ s ] landlord after [ renters ] fall behind on [ their ] payments .
Further , there may be other considerations , including relevant case law that may be more conclusive about whether property managers or management firms are categorized as “ debt collectors ,” and whether state eviction laws and court processes separate the process to recover possession from actions to cover outstanding rent debt .
NAA encourages members to seek the advice of a local attorney before proceeding with an eviction to understand whether CFPB ’ s rule applies .
The CFPB ’ s rule is an unfortunate expansion of the CDC ’ s Order , and NAA remains in conversation with the Administration and federal agency officials about the ongoing challenges that rental housing providers face while the CDC Order and related federal requirements remain in place . In addition to being bad public policy , these efforts make compliance difficult in an area where there is already an abundance and patchwork of legal requirements complicating the CDC ’ s Order . This interim final ruling only adds to the confusion as federal , state and local eviction moratoria are being applied very differently in courts across the country .
www . aamdhq . org MAY 2021 TRENDS | 43