Building on existing HUD guidance, this post offers information and resources on ways to help stabilize families during and after COVID-19. The temporary suspension on evictions will end on July 24, 2020. If you’ve had a loss of income, talk to our housing office right away about a possible rent reduction.
Might I get an eviction notice for non-payment of rent after July 24, 2020?
Yes. Unless a longer eviction moratorium is in effect under state or local law, starting on July 25, 2020, your PHA or landlord can give you an eviction notice if you have not paid your rent or entered into a repayment agreement. Federal law under the CARES Act requires that the eviction notice provided at the end of the moratorium gives the tenant at least 30 days to vacate the property, but a longer notice period may be required by state or local law. If you receive an eviction notice, you must follow the local process for eviction proceedings. If you feel you are being wrongfully evicted, contact your local legal aid organization or social service agencies. If you are a Voucher participant, you may also contact your local PHA. If you are a public housing participant, you have the right to a grievance procedure as stated in your lease.
What can I do to avoid eviction if I have unpaid rent due?
Rent was still due and has accumulated if it was unpaid. If you have any unpaid rent, talk to your PHA right away about the possible options below:
(1) If you have had a decrease in income or change in circumstances that made it difficult to pay your rent on time, ask your PHA to recertify your income.
For both public housing participants and Voucher participants, the PHA will review your current income and adjust your rent to reflect the change.
If the change in income was not reported promptly, ask the PHA about their policy on retroactive rent adjustments (some may allow them, some may not).
You could also ask the PHA if you are eligible for a minimum rent hardship exemption. All PHAs are required to provide minimum rent hardship exemptions. You can review the PHA’s Admission and Continued Occupancy Policy (ACOP) or Administrative Plan for information of the PHA’s local policies for hardship exemptions, or you can reach out to the PHA directly.
(2) All public housing participants have the option to pay the back rent in a lump sum by July 24, 2020. Your PHA cannot charge late fees or interest for rent due in the months of April, May, June, and July of 2020.
(3) If you cannot pay the back rent in a lump sum, ask your PHA if you can enter into a repayment agreement for any unpaid rent. See below for more information on repayment agreements.
The $1,200+ Federal Economic Impact payment (stimulus payment) was NOT included in your income calculation. This could be used as a resource to help with the unpaid rent. Nearly all residents who are U.S. Citizens are eligible for this payment. If you have not received a stimulus payment, please visit this webpage to check the status of your payment and fill out a simple form: https://www.irs.gov/coronavirus/get-my-payment.
The additional $600 per week in temporary unemployment benefits provided by the CARES Act was NOT included in your income calculation. If you received this extra benefit, this could be used as a resource to help with the unpaid rent. If you lost your job and have not yet applied for unemployment benefits, you can find more information on how to apply for unemployment benefits at: www.usa.gov/unemployment OR www.careeronestop.org/LocalHelp/UnemploymentBenefits.
Note: the additional $600 per week temporary unemployment benefits provided by the CARES Act expires on July 31, 2020 and applying now would not secure this additional payment benefit, but you may still be eligible for regular unemployment insurance.
(4) Your PHA may know about local resources to help with rent, utilities and other basic needs. You can also dial 211 from any phone or visit 211.org for information on emergency financial assistance. Please also see the services and resources section at the end of this document for a list of possible resources.
What is a repayment agreement and what will be the terms to avoid eviction?
A repayment agreement is a written and signed contract between you and the PHA (for Public Housing participants) that establishes the amount you are behind in rent and an agreement on how much of that you will pay each month and for how many months (e.g. you owe $500 and you agree that you will pay $50 extra, in addition to your regular rent, each month, for 10 months). Entering into a repayment agreement will be at the PHA’s discretion. Late and missed payments of the repayment agreement may result in termination of tenancy and/or assistance. For public housing participants, the terms of the repayment agreement will be outlined in the PHA’s Admission and Continued Occupancy Policy (ACOP) and in the written repayment agreement.
