Critical developments happening now.....we need to need to maintain our sense of humor and compassion right?
The moratorium on evictions is set to expire June 2. (see below)
The Governor's executive order prevents evictions for nonpayment of rent due to a COVID-19 financial hardship until June 2. All evictions for nonpayment of rent related to COVID-19 filed during this time period are in violation of the Governor's executive order cases are paused statewide until June 2.
Cares Act Protects Renters whose Landlord participated in the following programs:
For 120 days from March 27, 2020, you are prohibited from serving Notice for Non Payment or initiating legal action to recover possession of a rental unit or to charge fees, serve notice to pay rent, charge penalties, or other charges to the tenant related to such nonpayment of rent where the landlord's mortgage on that property is insured, guaranteed, supplemented, protected, or assisted in any way by:
The Rural Housing Voucher Program
The Violence Against Women Act of 1994
Section 202 Supportive Housing for the Elderly Program
Section 811 Housing for Persons with Disabilities Program
Housing Opportunities for Persons With AIDS (HOPWA)
McKinney-Vento Homelessness Assistance Programs
Section 236 properties
Section 8 Housing Choice Voucher (HCV) Program
Low Income Housing Tax Credit (LIHTC) properties
Any loan that is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association
ALSO: Any loan (other than temporary financing such as a construction loan) that is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of five or more families that are made, insured, guaranteed or assisted in any way by any officer or agency of the Federal Government.
NOTE: IF YOU ASK FOR MORTGAGE FORBEARANCE THIS MAY PUT YOU INTO A COVERED CATEGORY.
Under the Cares Act evictions and late fees are paused for 120 days/until July 25th, after that 30 days' notice is required.
A landlord cannot legally evict a tenant without a court order. It is illegal for a landlord to lock a tenant out, turn off utilities like electric or water, remove the front door or take other
steps to force a tenant to move.
*Exception if a tenant poses a threat to health, safety and welfare of others. If that is the case, the eviction can move forward.
If you hold a mortgage on your rental property that is FHA, VA, Fannie Mae or Freddie Mac-basically federally backed-eviction action for non-payment of rent cannot commence until July 26 at which time a 30-day notice will have to be served.
Lastly, be safe and stay well wherever this reaches you...