CORONAVIRUS STIMULUS BILL (CARES ACT)
Coronavirus Stimulus Bill (CARES Act) – The CARES Act (coronavirus stimulus bill) contains provisions halting evictions for tenants in properties covered by a federally-backed mortgage for 120 days from its enactment (from March 27 until August 24).
Covered properties” include properties that participate in the housing programs below. The largest are public housing, Housing Choice Vouchers, Project-Based Section 8 housing, and the Low-Income Housing Tax Credit program.
- Public housing; Section 8 Housing Choice Voucher program; Section 8 project-based housing; Low-Income Housing Tax Credit (LIHTC) program; Section 202 housing for the elderly; Section 811 housing for people with disabilities; Section 236 multifamily rental housing; Section 221(d)(3) Below Market Interest Rate (BMIR) housing; HOME; Housing Opportunities for Persons with AIDS (HOPWA); McKinney-Vento Act homelessness programs; Section 515 Rural Rental Housing; Sections 514 and 516 Farm Labor Housing; Section 533 Housing Preservation Grants; Section 538 multifamily rental housing, and USDA Rural Housing Choice Voucher program.
The Act also applies to renters whose property owners have federally-backed mortgages. These include mortgages backed by the Department of Housing and Urban Development (HUD), Department of Veterans Affairs (VA), Department of Agriculture (USDA), and the government-sponsored enterprises known as Fannie Mae and Freddie Mac.
- NO nonpayment evictions can be filed in any of these covered properties for the 120-day period.
- After July 24, 2020, landlords can issue notices to vacate, but they must give at least 30 days’ notice to the tenant. That means for a covered property, the soonest the landlord could give the tenant a notice to vacate for nonpayment would be July 26, and the soonest the notice would tell the tenant they have to leave is August 25.
- No charges for late fees or other penalties for late payment can be charged during the 120-day period.
DOES NOT APPLY TO THE FOLLOWING;
- Eviction cases that were filed before March 27, 2020
- Eviction cases with purely private landlords who own property not federally funded as described above or
- Eviction cases in which the grounds for eviction are alleged non-rent breaches.
Landlords can 1st go to the Texas Department of Housing and Community Affairs website then, click on “HTC Property Inventory (XLSX)” link under Additional Guidance and Resources to search a database to determine if their property is subject to the Low-Income Housing Tax Credits (LIHTC) restrictions.
Landlords can also go to the National Low Income Housing Coalition website to check their property against a multi-family housing database.
To ensure compliance with the CARES Act, all Plaintiff’s must complete the below verification affidavit, swearing or declaring that their property is not subject to the federal eviction moratorium. This affidavit is required at filing and before a judgment can be granted on their case. Please complete the CARES Act verification affidavit and submit via email at email@example.com, fax, and or e-file.