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.

This Wednesday: NAHRO Legislator of the Year Todd Young Kicks off August Advocacy Campaign

This Wednesday at 2pm eastern time, NAHRO is hosting a complimentary webinar awarding NAHRO’s Co-Legislator of the Year and kicking off NAHRO’s August Advocacy Campaign.

NAHRO has an ambitious goal this August – send 8,501 letters to Capitol Hill during the upcoming Congressional August recess. NAHRO Legislator of the Year Senator Todd Young (R-Ind.) will join NAHRO to receive his award and help us kick off our August advocacy campaign.

NAHRO Director of Congressional Relations Tess Hembree will also lead a conversation with members of the Legislative Network on their advocacy successes and how they plan to advocate for housing and community development this summer.

Don’t miss this critical conversation on how you can have your voice heard by lawmakers this summer.

Click here to register!

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!

Chairwoman Maxine Waters joins NAHRO’s Managing During COVID-19: Congressional Response webinar: Tomorrow at 12noon eastern

Tomorrow, Tuesday, June 2, 2020 at 12noon eastern time NAHRO is hosting a webinar: Managing During COVID-19: Congressional Response.

Join us for a very special conversation with Congresswoman Maxine Waters (D-Cali.), Chairwoman of the Financial Services Committee. Congresswoman Waters has been a dedicated advocate for affordable housing throughout her entire career, a priority that has taken center stage during the COVID-19 crisis. For this reason, NAHRO leadership will honor her with our Legislator of the Year award.

Help NAHRO thank the Congresswoman for the CARES Act and for her commitment to affordable housing and community development programs!

Register for tomorrow’s webinar: Managing During COVID-19: Congressional Response!

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!

Repositioning Webinar Series

HUD’s Office of Public and Indian Housing (PIH) is holding a series of webinars to help PHAs understand the repositioning process and identify strategies and resources to complete the repositioning process. All webinars will be held between 1 pm and 3 pm ET. Topics may be found below.

Webinar TopicsDatesRegistration
Developing a Repositioning StrategyMay 13, 2020
Options for Scattered-Site UnitsJune 3, 2020Register Now
Options for 50-and-Under PHAsJune 24, 2020Register Now
RAD and Section 18 BlendsJuly 22, 2020Register Now
Resident ConsiderationsAugust 12, 2020Register Now
Streamlined Voluntary ConversionSeptember 2, 2020Register Now
Options for Obsolete UnitsSeptember 30, 2020Register Now
Common PHA Board QuestionsOctober 28, 2020Register Now
PHA CloseoutNovember 18, 2020Register Now

Additional information may be found here.

Chris Campbell Joins NAHRO for the Summer!

Greetings! My name is Chris Campbell, and I’m a Master of Public Policy (MPP) student at the University of Michigan. I’ll be interning remotely with NAHRO’s Policy and Program Development team this summer.  

Before starting graduate school, I worked for the Los Angeles City Council’s Office of the Chief Legislative Analyst, where I staffed the Planning and Land Use Management Committee.  My work with the Committee introduced me to the basic aspects of the nation’s affordable housing shortage, as well as the debate over which strategies can best help families meet their housing costs.  

Everyone needs a place to live – as a lifelong resident of Southern California, I understand the stress high housing costs can place on a family. This isn’t just a West Coast problem, however. Cities and rural areas across the country need more affordable, high-quality homes to promote the health and well-being of their residents, a fact laid bare by the COVID-19 pandemic. The urgency of our nation’s affordable housing shortage will only grow in its aftermath. I look forward to working with NAHRO’s member agencies and HUD this summer to gain more insight into how federal, state and local government can work together to help renters and owners keep a roof over their heads, especially in these unprecedented times.  

I’ll be posting to the NAHRO blog weekly about housing-related policy developments, so stay tuned!  

Webinar Tomorrow: Managing During COIVD-19: Community Development: CDBG, HOME, ESG

Join NAHRO and Acting HUD Assistant Secretary for Community Planning and Development (CPD) John Gibbs from 2 p.m. – 3 p.m. eastern tomorrow, May 13, 2020, for a discussion on CPD’s response to the COVID-19 emergency. With a focus on CDBG, HOME, and ESG, Acting Assistant Secretary Gibbs will provide an update on CPD’s efforts to provide communities with access to waivers and supplemental funding and provide insights into CPD’s actions to address the COVID-19 crisis. Following the update, Acting Assistant Secretary Gibbs and his staff will join us for a moderated question and answer session.

Register for the complimentary webinar here!