Eviction Moratorium
COVID-19 FAQs
for Public Housing Agencies
The following FAQs provide guidance on Section 4024 of the CARES
Act. Section 4024 of the CARES Act imposes a temporary moratorium
on evictions, as well as a moratorium on fees and penalties
related to nonpayment of rent. The eviction moratorium is in
effect for a 120-day period beginning on March 27, 2020, the date
the CARES Act was enacted. The temporary eviction moratorium
applies to the Public Housing Program, the Section 8 HCV and PBV
Programs, and the Section 8 Moderate Rehabilitation (Mod Rehab)
Programs administered by the Office of Public and Indian Housing.
EM1. Does the ban on evictions apply to all tenants or only those
tenants whose employment has been affected by the COVID-19
Virus? We have tenants on a fixed income choosing not to pay
rent based on the recent announcement.
A. The temporary moratorium on: (1) evictions for nonpayment of
rent and (2) fees and penalties related to nonpayment of rent,
applies to all tenants, regardless if employment was affected by
COVID-19. HUD encourages PHAs to alert residents that any rent
missed during the moratorium will accumulate and still be due at
the end of the 120 days (HUD will provide PHAs with a flyer that
can be provided to tenants). For any unpaid rent during the
moratorium, the family must repay the PHA or sign a repayment
agreement to pay any amount owed after the moratorium has
ended. If the amount owed is not repaid, the PHA may terminate
the family’s assistance and proceed with a legal action to evict.
EM2. With the eviction moratorium, should we still send late
notices to residents? Or wait until the 120-day moratorium is
over?
A. A PHA/owner may send a reminder notice of the late rent.
However, the reminder notice must not include fees/charges for
the nonpayment of rent, and the reminder notice cannot be a
notice to vacate. After the moratorium expires, the PHA can
proceed with their standard process. Residents cannot be required
to vacate for at least 30 days after the end of the moratorium, and
the PHA cannot issue a notice to vacate until July 24, 2020 (expiration
of the moratorium). Residents retain their rights for due
process and grievance proceedings under 24 CFR 966 Subpart B
and 24 CFR 982.555.
EM3. Can a Public Housing Authority (PHA)/owner evict for drug abuse
and other criminal activity? How about for other lease or program
violations, like failure to report income or severe damage to the unit?
A. Yes. The eviction moratorium found in Section 4024(b) of the
CARES Act only applies to evictions related to nonpayment of rent
or nonpayment of other charges to the tenant related to nonpayment
of rent. The moratorium also prohibits the charging of other
fees, penalties, or other charges due to the nonpayment of rent.
Therefore, the PHA/owner can still undertake an eviction/termination
of assistance action against a tenant for drug abuse and/or
other criminal activity, as those are unrelated to nonpayment of
rent. The same is true for other lease violations, 3 although HUD
encourages PHAs to consider delaying the initiation or completion
of evictions for non-drug or non-crime related reasons until after
state or local emergencies are over.
EM4. “Abandonment” of a unit is generally distinguished from
“absence” from the unit by tenant’s failure to pay rent and failure
to acknowledge or respond to notices from the PHA/owner
regarding overdue rent. If the family abandons their unit and
does not pay rent, does the PHA/owner have to wait to evict?
A. The term “abandonment” requires a fact-specific determination
to be made as to the reasons behind the family not being in the
unit. A family could have decided to quarantine with other family
members, could be hospitalized, or could be prevented from
returning to the unit due to an emergency declaration by the state.
The PHA must take additional steps to ensure that the unit is in fact
“abandoned” by the family before an eviction/termination of
assistance action is taken against the household.
EM5. One of my assisted tenants was behind on rent payments
prior to the CARES Act. Can I still proceed with termination and
eviction?
A. If the eviction proceeding was initiated before March 27, 2020,
the proceeding would not be covered under the CARES Act and the
eviction action can continue. However, HUD encourages PHAs to
consider delaying the completion of evictions for non-drug or
non-crime related reasons until after state or local emergencies are
over. If an eviction proceeding was not initiated before March 27,
2020 for a household who was behind on rent, then the household
is covered under the CARES Act and the PHA/owner cannot initiate
a new eviction proceeding until after the moratorium. However,
PHAs should review their state and local laws, as many are also
enacting their own moratorium on evictions.
EM6. My tenant was late on rent prior to March 27, 2020 and was
charged a late fee in January and February. Can I collect fees for
nonpayment of rent that were charged prior to the moratorium?
A. Yes, fees that were charged for nonpayment of rent prior to
March 27, 2020 may be collected during the moratorium. However,
a PHA cannot charge new fees for nonpayment of rent from
March 27, 2020 – July 24, 2020; a PHA cannot assess interest on
late fees charged in January and February.
EM7. During the moratorium, can fees for late payments accumulate
and be charged after the moratorium?
A. No. Per Section 4024(b)(2)of the CARES Act, fees in relation to
nonpayment of rent cannot be charged. Therefore, fees cannot
accrue. There should be no charges/fees, or accrual of charges/
www.saaaonline.org | JUNE 2020 SPECIAL EDITION 39