CARES Act Eviction Moratorium applies to the HOME Program

The Department of Housing & Urban Development (HUD) recently sent a reminder to HOME Participating Jurisdictions (PJs) of their responsibility to notify property owners and tenants about the temporary eviction moratorium established by Section 4024 of the CARES Act. The temporary eviction moratorium applies to covered dwelling units assisted by the HOME program and some PJs have failed to notify property owners and tenants participating in the HOME program of this fact.

The CARES Act established a 120-day moratorium on evictions in certain federally-assisted housing, including housing assisted under the HOME program. The eviction moratorium applies to all covered dwelling units in HOME-assisted rental projects, as well as units occupied by recipients of HOME-funded Tenant-Based Rental Assistance (TBRA). If HOME funds were provided to a property as a loan, the eviction moratorium applies to all rental units in or on the property – not just the HOME-assisted units. The eviction moratorium began on March 27, 2020 and is in effect through July 24, 2020.

During the moratorium, landlords may not:

  • File eviction actions against tenants for nonpayment of rent; or
  • Charge any late fees, or accrue charges/fees, for nonpayment of rent during the 120-day period.

Rent is still due during the eviction moratorium and unpaid rent can accrue during the 120-day period. If the amount owed for rent is not paid back after July 24, 2020, owners/property managers may file for eviction in the court of jurisdiction 30 days after a notice of eviction is issued to the tenant, in accordance with state and local laws.

The eviction moratorium does not affect any eviction that was in the court of jurisdiction before March 27, 2020 in accordance with state and local laws. If a tenant was past due on rent, and received a notice of eviction, or an eviction action was filed before March 27, 2020, the owner/property manager may proceed with the eviction action after providing a 30-day written notice in accordance with HOME requirements and applicable state and local laws.

An eviction for lease violations other than nonpayment of rent or nonpayment of other fees or charges unrelated to nonpayment of rent is permitted. Owners and property managers can still evict for prohibited tenant actions enforceable by the lease (other than nonpayment of rent and related charges).

While some PJs have not provided appropriate notice to HOME-assisted properties, those properties are still required to comply with the eviction moratorium provisions of the CARES Act.