SAAA July 2020 Special Edition Residence Magazine | Page 36

When a Resident Fails to Pay Rent During Covid-19
Can I send a notice
to vacate or file
an eviction?
Can I charge late fees or
other charges related to
nonpayment of rent?
Can I charge other
fees unrelated to
nonpayment of rent?
Yes
Is Your Property Subject to the CARES Act?
No
I don’t know
Yes
YES, you can send a notice to vacate
(for any reason), file an eviction and charge
late fees subject to state, county or
city orders, ordinances or rules
Are you a
“covered property”?
NO, you cannot send a notice to
vacate, file an eviction or charge
late fees until July 25, 2020
(Notice to vacate must then have 30-day
notice when delivered after the 24th of July)
Private Equity/
Owner Financed
I don’t know
Financed by federally
backed multifamily
mortgage loan or federally
backed mortgage loan
(Fannie Mae or Freddie Mac)
Subject to VAWA
including Tax
Credit/Section 8/
LURA/Bond
Rural housing
voucher program
Other*
(check link below)
No
Ask your supervisor,
owner, risk mgmt.
dept. or attorney
Yes
Please note: This flow chart is designed to give a general overview of how the CARES Act affects an eviction
for nonpayment of rent. It is not intended to address any particular facts, situations or circumstances. This
flow chart should not be relied on as a legal guideline. Before a notice to vacate is given and before an eviction
is filed, you should consult with the appropriate professionals to determine the correct course of action.
*
https://nlihc.org/federal-moratoriums The data found in this link is a list (provided by the
National Low Income Housing Coalition) of multifamily properties with 5 or more units covered
by the federal eviction moratorium. “The list includes HUD-assisted and USDA-assisted affordable
rental properties, Low Income Housing Tax Credit properties, FHA-insured multifamily
mortgages, and securitized multifamily mortgages from Fannie Mae and Freddie Mac. The
property list is not comprehensive in that it does not include properties of less than 5 units and
does not include non-securitized Fannie Mae and Freddie Mac mortgages.”
36Original JULY flowchart 2020 SPECIAL created EDITION by the Houston | www.saaaonline.org
Apartment Association (HAA)