fees, for rent due the first of the month in April, May, June and July
2020.
EM8. I initiated an eviction prior to the moratorium. Can I continue?
A. Yes, if you filed with the court of jurisdiction, you can continue the
action if the court is operating, subject to any local eviction moratorium
requirements.
EM9. Our courthouse is closed and there are no hearing evictions at
this time. If a tenant participates in a criminal activity and the
owners desire to evict, should we continue assistance?
A. PHAs can proceed with standard notifications, hearings and
program terminations for matters unrelated to nonpayment of rent.
If the resident does not vacate voluntarily, the final eviction would be
delayed until the court of jurisdiction reopens.
EM10. If there is a conflict between the requirements in the
eviction moratorium and the requirements in a state or local law,
does the state or local law prevail?
A. This answer would depend on the language in the state or local
law. For example, if the state has prohibited all evictions, then that
more stringent requirement would apply to the PHA and HCV
landlords in that state. If the state has ordered an eviction ban, there
may also be a limit on court enforcement of evictions.
EM11. Can the PHA terminate a voucher participant family’s
assistance if they do not pay their portion of the rent during the
eviction moratorium (March 27, 2020 – July 24, 2020)?
A. Normally, the PHA could terminate a family’s voucher assistance if
the family owes their landlord rent. However, during the eviction
moratorium, PHAs shall not terminate assistance for nonpayment of
rent. It is important for voucher program participants to report
changes in income to the PHA so their rent portion can be adjusted
based on their current income. This will help families keep up with
their rent and avoid facing eviction and/or losing assistance after the
eviction moratorium ends on July 24th.
EM12. If a market rate property has an HCV holder in one unit, does
Section 4024 of the CARES Act extend to the entire property or only
the voucher holder?
A: All mixed-finance public housing properties owned by third parties
are covered under Section 4024 of the CARES Act. The moratorium
on evictions would apply to private owners of properties that receive
housing assistance payments under a PIH assisted housing program,
so mixed-finance projects must comply with the eviction provisions.
If the financing of a mixed-financed project includes an FHA-insured
mortgage or equity from an allocation of LIHTCs, the project is
subject to the eviction moratorium. LIHTC projects are governed by
individual state Qualified Allocation Plans and state landlord-tenant
law. For units assisted with LIHTC only, 5 evictions are limited to
where the owner can demonstrate “good cause” in accordance with
state or local law. HUD recommends that owners and management
agents consult their State Housing Finance Agency or the IRS for
guidance on “good cause” evictions under state legislation or
rulemaking related to COVID-19.
The following FAQ is specific to the foreclosure moratorium in Section
4022 of the CARES Act. Section 4022 of the CARES Act grants
forbearance rights and protections against foreclosure to borrowers
with a “federally backed mortgage loan.” This section would apply to
the HCV homeownership and PH homeowner programs to the extent
that the family has a federally backed mortgage.
EM14. Does the forbearance and foreclosure language in Section
4022 of the CARES Act apply to the HCV Homeownership and PH
homeownership programs?
A. The foreclosure moratorium in Section 4022 of the CARES Act only
applies to a borrower with a federally backed mortgage loan and is
for 60-days beginning on March 18, 2020. This section would only
apply to the HCV and Public Housing homeownership programs to
the extent that the family has a federally backed mortgage (as
defined in Section 4022(a)(2)). The FHA Single Family COVID-19 Q&A
for mortgagees and other interested parties in FHA has been updated
and is available on the Single Family main page on hud.gov.
To view a map of the Bexar County CARES Act Properties, Click here:
https://covid19.sanantonio.gov/Assistance/Residents/Housing-Evictions/CARES-Act-Properties
A. If the market rate property has a federally backed mortgage, then
Section 4024 of the CARES Act applies to the entire property. If the
market rate property does not have a federally backed mortgage,
then Section 4024 of the CARES Act only applies to the voucher
holder. HUD does not have the authority to extend jurisdiction over
unassisted tenants or the property that does not have a federal
backed mortgage. However, owners should review their state and
local laws, as many are also enacting their own moratorium on
evictions.
EM13: Does the ban on evictions apply to mixed-finance public
housing properties that are owned by third parties? What if the
property has an FHA-insured mortgage? What about Low Income
Housing Tax Credit (LIHTC) properties?
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JUNE 2020 SPECIAL EDITION | www.saaaonline.org