CDC Publishes Order Halting Residential Evictions

On late Tuesday afternoon, the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services (HHS) announced an order to stop residential evictions to halt the spread of COVID-19. The order is currently scheduled to be published in the Federal Register on September 4. It becomes effective on publication and will last until December 31, 2020, unless extended.

The order notes that as of late August, there have been over 23 million cases of COVID-19 globally, resulting in over 800,000 deaths. It also states that, domestically, there have been over 5.5 million cases, which have resulted in over 174,000 deaths. Given the “historic threat to public health,” the order notes that “[e]viction moratoria facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition.” The order also notes that eviction moratoria help implement stay-at-home and social distancing orders, while also preventing homelessness which “increases the likelihood of individuals moving into close quarters in congregate settings, such as homeless shelters, which then puts individuals at higher risk of COVID-19.”

The order institutes a temporary eviction moratorium. It states that a “landlord . . . shall not evict any covered person from any residential property in any State or U.S. territory” in which there are COVID-19 cases. The term “covered person” includes any tenant who states—under the penalty of perjury—to their landlord, owner, or other person with the power to evict that the following conditions have been met:

  • The person has used their best efforts to obtain available government assistance for rent or housing;
  • The person meets any of the following three criteria:
    • The person does not expect to earn more than $99,000 in annual income in calendar year (CY) 2020 (or more than $198,000 for joint tax returns);
    • The person was not required to report any income in 2019 to the Internal Revenue Service (IRS); or
    • The person received a “stimulus check” under the Coronavirus Aid, Relief, and Economic Security (CARES) Act;
  • The person is unable to pay the full rent or make a full housing payment due to loss of compensable hours of work, a lay-off, or extraordinary out-of-pocket medical expenses;
  • The person is making “best efforts” to make timely partial payments that are as close to the full payment as possible; and
  • Eviction would render the individual homeless or force the individual to live in close quarters in a new congregate or shared living setting.

Despite the order, individuals are still obligated to pay rent or make applicable payments. The order does not prevent charging or collecting fees, penalties, and interest for late payments. Tenants may still be evicted for the following:

  • Engaging in criminal activity on the premises;
  • Threatening the health or safety of other residents;
  • Damaging or posing an immediate and significant risk of damage to property;
  • Violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
  • Violating any other contractual obligation (other than late fees, penalties, or interest).

This order does not apply in certain areas. It does not apply in any “State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection.” Additionally, the order does not apply in American Samoa—which has no reported cases—unless cases develop.

The order is not a rule as defined in the Administrative Procedure Act (APA), but is an “emergency action.” If it did qualify as a rule, the order notes that there is still “good cause” to dispense with the regular notice-and-comment process because of the public-health emergency.

There are certain criminal penalties for violating this order. A person violating the order may be subject to a fine of $100,000, one year of jail, both a fine and jail, or another lawful penalty, if the violation does not result in a death. If the violation results in a death, the person violating the order may be subject to a fine of $250,000, one year of jail, both a fine and jail, or other lawful penalty. An organization violating this order may be subject to $200,000 per event, if the violation does not lead to a death and $500,000 per event if the violation results in death. The Department of Health and Human Services is authorized to cooperate with and aid state and local authorities to authorize this order.

The order includes a declaration for tenants. A tenant must provide a copy of the declaration to their landlord, owner, or other individual who has the right to evict. Each adult listed on the lease must complete the declaration. The declaration must be true under a penalty of perjury.

A pre-publication copy of the order can be found here.

NAHRO continues to encourage Public Housing Authorities (PHAs), Section 8 landlords, and tenants to work together to minimize the financial impact of COVID-19. Tenants should contact their PHA notifying them of any reduction of income due to the pandemic. Landlords and PHAs should reach out and coordinate with tenants concerning unpaid rent. Best practices in preventing evictions include repayment agreements, retroactive recertifications and proactive communication with tenants.

Below are links to HUD and NAHRO eviction prevention resources:

Our advocacy must continue to ensure adequate resources that support your programs and provides rent relief for unassisted families. Use the NAHRO Advocacy Action Alert Center to send letters to your members of Congress and the Administration and let them know the critical role quality house and rental assistance plays as we continue to navigate the COVID-19 pandemic.

President Signs Executive Order on Assistance to Renters and Homeowners

On August 8, President Trump signed an executive order titled “Executive Order on Fighting the Spread of COIVD-19 by Providing Assistance to Renters and Homeowners.” This Executive Order (EO) was signed after the negotiations on a fourth COVID-19 legislative relief package broke down.

The EO states, “[i]t is the policy of the United States to minimize, to the greatest extent possible, residential evictions and foreclosures during the ongoing COVID-19 national emergency.” Specifically it directs the Department of Housing and Urban Development (HUD) “to promote the ability of renters and homeowners to avoid eviction or foreclosure” through actions that “may include encouraging and providing assistance to public housing authorities, affordable housing owners, landlords, and recipients of Federal grant funds in minimizing evictions and foreclosures.” The agencies of HUD and Treasury are also directed to “identify any and all available Federal funds to provide temporary financial assistance to renters and homeowners.” Additionally, the Department of Health and Human Services, along with the Centers for Disease Control and Prevention (CDC), “shall consider whether any measures temporarily halting residential evictions . . . are reasonably necessary to prevent further spread of COVID-19.”

This Executive Order, in and of itself, does not specifically extend nor create an eviction moratorium nor does it create a new rental or homeowner assistance program. This Executive Order instructs the executive branch of government – specifically Health and Human Services; Centers for Disease Control and Prevention (CDC); Treasury; Housing and Urban Development; and the Federal Housing Finance Agency (FHFA) – to assess their current resources and tools related to renters and homeowners affected by COVID-19.

NAHRO continues to encourage Public Housing Authorities (PHAs), Section 8 landlords, and tenants to work together to minimize the financial impact of COVID-19. Tenants should contact their PHA notifying them of any reduction of income due to the pandemic. Landlords and PHAs should reach out and coordinate with tenants concerning unpaid rent. Best practices in preventing evictions include repayment agreements, retroactive recertifications and proactive communication with tenants.

Below are links to HUD and NAHRO eviction prevention resources:

Our advocacy must continue to ensure adequate resources that support your programs and provides rent relief for unassisted families. Use the NAHRO Advocacy Action Alert Center to send letters to your members of Congress and the Administration and let them know the critical role quality house and rental assistance plays as we continue to navigate the COVID-19 pandemic.

How COVID-19 Sheds New Light on Lung Health and Smoke-Free Public Housing Webinar – Aug. 12 at 2pm EST

Clean Air for All invites you to join us for a complimentary upcoming webinar: How COVID-19 Sheds New Light on Lung Health and Smoke-Free Public Housing. We will discuss ways COVID-19 has impacted smoke-free public housing, learn about the link between smoking, secondhand smoke exposure, and COVID-19, and share resources and strategies to help PHAs manage smoke-free housing during the pandemic.

We are honored to be joined by Dr. Brian King, Deputy Director for Research Translation for the Centers for Disease Control and Prevention, for this discussion.

Webinar Objectives:

  • Describe the state of the science with regard to smoking, secondhand smoke exposure and COVID-19.
  • Illustrate ways the COVID-19 pandemic may impact smoke-free public housing and discuss potential adaptive strategies.
  • Outline existing resources to help public health authorities (PHA) improve smoke-free policies.
  • List smoking cessation support resources for public housing authorities (PHA).

Register today for our How COVID-19 Sheds New Light on Lung Health and Smoke-Free Public Housing Webinar!

Clean Air for All: The Smoke-Free Public Housing Project is a collaboration of Live Smoke Free (LSF) a program of the Association for Nonsmokers – Minnesota and the National Association of Housing and Redevelopment Officials (NAHRO). This project is made possible with funding from the Robert Wood Johnson Foundation.

CARES Act Eviction Moratorium Ends This Week, Eviction Prevention Resources

Section 4024 of the CARES Act stopped non-payment of rent evictions (and stopped imposing fees and penalties for non-payment of rent) for 120 days beginning on March 27 for many tenants receiving Federal rental assistance including the Public Housing, Housing Choice Voucher, and Project-Based Voucher programs. The 120-day eviction moratorium expires this Saturday, July 25, meaning Public Housing Authorities (PHAs) and landlords may begin issuing 30-day notices to vacate for non-payment of rent after July 25, 2020.

The U.S. Department of Housing and Urban Development (HUD) has encouraged tenants, landlords, and PHAs to work together to minimize the impact of the CARES Act eviction moratorium ending. Tenants should contact their PHA notifying them of any reduction of income due to the pandemic. Landlords and PHAs should reach out and coordinate with tenants concerning unpaid rent, including potential repayment agreements. PHAs should also consider implementing retroactive recertifications and informing their tenants of their availability.

Below are links to HUD and NAHRO eviction moratorium and eviction prevention resources:

NAHRO continues to provide the latest housing related COVID-19 information at www.nahro.org/coronavirus.

NAHRO’s New Housing Proposals Focus on the Future

The nation’s public housing agencies and community development agencies have been housing our nation’s families and creating vibrant, stable communities for decades. And they’re continuing to do this vital work of providing shelter, creating opportunity, and addressing inequities during a pandemic that’s straining both local and national resources.

But even as we continue to cope with the fallout of COVID-19, we must also work on solutions for both current and future housing needs. We need new housing construction, more resources for existing housing programs, and flexibilities that prioritize progress over paperwork. NAHRO’s What Happens Next: Housing Beyond the Pandemic provides funding and policy proposals that will:

  • Increase housing supply and improve affordability
  • Preserve existing affordable housing
  • Stabilize families, and
  • Prioritize progress over paperwork.

The paper is available here.

Wednesday Webinar: Show Your Agency’s Excellence With Accreditation! Tomorrow at 2pm ET

Join us tomorrow, July 1, 2020 at 2pm eastern time for NAHRO’s Wednesday Webinar to get caught up on the latest assessment standards! Accreditation is a very effective way to demonstrate your agency’s excellence to the community and other stakeholders. Join special guests from the Affordable Housing Accreditation Board and accredited housing agencies as they discuss the benefits of AHAB accreditation and share stories about the accreditation process for their organizations. Also learn about the eight industry-adopted management standards and how accreditation can be used to enhance staff morale and public trust, and to reduce inefficiencies.

Our panelists include:

• Diana McWilliams, CEO, Affordable Housing Accreditation Board

• Coy Maienza, Director of Accreditation, Affordable Housing Accreditation Board

• Amy Wright, Director of Administration, Keene Housing, New Hampshire

• Duane Leonard, Executive Director, Housing Authority of Snohomish County, Washington

• Sarah Max, Executive Assistant & Accreditation Coordinator, Housing Authority of Snohomish County, Washington

• Maria Zissimos, Chief Counsel and Chief Operating Officer, Accreditation Coordinator, Chester Housing Authority, Pennsylvania

Register Here!

New Eviction Moratorium Resident Flyer Released by NHLP and NAHRO

The National Housing Law Project (NHLP) and the National Association of Housing and Redevelopment Officials (NAHRO) have collaborated to produce a resident flyer on the federal eviction moratorium. The flyer is designed for Public Housing and Housing Choice Voucher residents and simplifies the 120-day eviction moratorium that was included in the CARES Act when it passed in March by using a question and answer format along with descriptive case studies.

The eviction moratorium flyer is available here and on NAHRO’s COVID-19 Resource page at www.nahro.org/coronavirus.

Click to access NAHRO_NHLP_FinalTenantFlyer_2sided_6.12.2020.pdf

Managing During COVID-19: Homelessness Resources Webinar – Wed, May 27 at 2pm ET

On Wednesday, May 27. 2020, NAHRO is hosting a complimentary webinar – Managing During COVID-19: Homelessness Resources.

Join Nan Roman, President and CEO of the National Alliance to End Homelessness, and leaders from NAHRO member agencies for a discussion of available homelessness resources and best practices for their use. Bring your questions and comments and join your fellow PHAs for this interactive webinar!

Register for NAHRO’s Managing During COVID-19: Homelessness Resources Webinar here!

NAHRO Webinar: Managing During COVID-19: Funding, Flexibility, and Fulfilling our Mission; May 5, 2020 at 2pm Est

NAHRO would like to invite you to a complimentary webinar on Tuesday, May 5, 2020 at 2pm eastern time – Managing During COVID-19: Funding, Flexibility, and Fulfilling our Mission.

Housing agencies are responding in real-time to the coronavirus and its impact on day-to-day operations and the residents they serve. Hear from federal officials and NAHRO on available resources and flexibilities provided by Congress and being implemented by the U.S. Department of Housing and Urban Development.

You will also hear from local housing officials on how they are adapting their programs in the current environment.

We will be joined on the webinar by:

  • R. Hunter Kurtz, Assistant Secretary for Public and Indian Housing, U.S. Department of Housing and Urban Development
  • Patricia Wells, CME, NAHRO Senior Vice-President, Executive Director, Oakland Housing Authority, CA
  • David S. Gates, CS-PHM, CSO-PH, CME, CMPO, Executive Director, Housing Authority of the County of Lonoke, AR

Bring your questions and comments and join your fellow PHAs for this interactive webinar!

Register for Managing During COVID-19: Funding, Flexibility, and Fulfilling our Mission!

HUD Creates Online Guidance Portal

Tomorrow, HUD will publish a notice in the Federal Register announcing the creation of a HUD guidance portal. In the process of complying with a presidential executive order, the Department conducted a review of all of its guidance and ensured that those documents that remain in effect were linked to a single website that could be searched. The single searchable database containing all of HUD’s guidance can be found at: http://www.hud.gov/guidance.

The National Association of Housing and Redevelopment Officials applauds HUD for creating this searchable index and looks forward to further refinements.

The pre-publication copy of the notice announcing this portal can be found here.