Know Your Rights as a Tenant
A decree was issued to suspend the forced eviction of housing by the Centers for Disease Control and Prevention and the U.S. Department of Health and Human Services in September 2020. This decision was extended until March 31, 2021. An additional $30 billion was allocated for rental assistance in the American Rescue Plan, which was passed on March 11, 2021, but the deadline was not extended. The Centers for Disease Control extended the order until June 30, 2021, and then again until July 31, 2021.
The eviction moratorium was extended for the third time by the Centers for Disease Control on August 3, 2021, to remain in effect until October 3, 2021. The main difference in the renewed order is that the eviction ban was limited to counties experiencing “substantial or high rates of community transmission” of the coronavirus.
Unfortunately, the U.S. Supreme Court intervened on August 26, 2021, to rule that the Centers for Disease Control had overstepped its authority in issuing the extension. The order was vacated. The Supreme Court issued an order to rescind it.
Understand Your Local Rights as Well
Many states and municipalities have imposed their own eviction moratoriums. Check with your local housing authority to understand your state’s or city’s stance. Some local and state eviction moratoriums were extended after the federal moratorium expired.
You should also understand your rights as a tenant. Read your lease agreement carefully. Be sure to note any grace periods you might be entitled to, as well as what options the landlord has for response. Your city may also have tenant protections, so you might want to check on tenant rights in your area. The local housing authority is a good place to start.
Notice Rights in Eviction Cases
Those who have missed rent payment must receive a 30-day notice before they can be evicted now that the eviction moratorium has been lifted. This applies to those living in multi-unit residential buildings with loans backed by either Fannie Mae or Freddie Mac. You cannot be forced to leave your home until after 30 days from the first notice you received to vacate the property if your situation fits this description.
This protection for Fannie Mae and Freddie Mac mortgage holders has been extended until September 30, 2021.
Talking to Your Landlord
The first step is to talk to your landlord if you are currently unable to pay rent. The landlord may be willing to work with you on payment options.
“Contact your landlord and discuss a deferred payment plan,” said Howard Dvorkin, certified public accountant and chairman of Debt.com, in an email to The Balance. “It’s worth a try, as most landlords do not want to incur the costs of filing a lawsuit, going to court, and searching for a new tenant.”
You may want to consider discussing the following options with your landlord:
- Deferred payments: Pay the back rent at a later agreed-upon date.
- Partial or flexible payments: You are allowed to make smaller installment payments spread out over the month.
- Insurance payments: The landlord uses your insurance to cover the overdue rent.
Note: You may also be able to pay rent by credit card, depending on where you live. This can ensure that you do not fall behind on payments, but it will increase your credit card debt and potentially incur more interest on your card in the long run. Be sure to prepare to pay off your credit card balance as soon as possible to avoid further financial strain.
Finding Local Assistance
You can turn to federal, state, and local resources for help covering your rent if you cannot work things out directly with your landlord. There are some resources available if your financial difficulties are related to the coronavirus pandemic.
What
The funds allocated for rental assistance approved before the Supreme Court ruling in August 2021 are still being distributed, and there are other assistance programs available as well. The National Low Income Housing Coalition and the U.S. Department of the Treasury provide detailed lists and online search tools to help you track rental assistance programs in your area.
There is also the disaster recovery program from Fannie Mae, which offers housing counseling and can connect you with additional federal and state resources that may help you. Fannie Mae recovery experts can also assist in communicating better with the landlord.
You can also turn to various state-based programs in addition to these pandemic-related resources, as well as 211.org from United Way, which can connect you with different assistance resources in your area.
Resource Services
- CDC Eviction Moratorium Toolkit
- CDC Eviction Declaration Form
- U.S. Department of the Treasury Emergency Rental Assistance
- Fannie Mae Disaster Recovery Program
- State Housing and Rental Programs
- United Way’s 211.org for pandemic-related assistance, basic needs, and disaster help
- Local and state rental assistance programs for low-income individuals by the National Legal Aid and Defender Association
- Legal representation for legal aid and defense
- Financial counseling and assistance with financial planning from Freddie Mac
- Financial assistance for food, housing, and bills through USA.gov
- Federal Tenant Protection details from the Consumer Financial Protection Bureau
Dworkin recommended seeking legal counsel immediately if the landlord has begun eviction proceedings. “You don’t have to have an attorney in eviction court,” he said. “But many cities offer free legal advice and other landlord-tenant resources to help you understand your rights and how to proceed.”
Note: Check with the National Legal Aid and Defender Association to learn more about your options for free legal representation.
Conclusion
Just because you are facing difficulty paying rent due to the COVID-19 pandemic or any other financial hardship does not necessarily mean you will be evicted. Talk to your landlord and identify any local resources or assistance programs you may qualify for to ensure you are not evicted. There are many options available to help you keep your home and avoid further financial stress.
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Sources:
Centers for Disease Control and Prevention. “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.”
Centers for Disease Control and Prevention. “Temporary Halt in Residential Evictions in Communities Experiencing Substantial or High Levels of Transmission of COVID-19 to Prevent Further Spread of COVID-19.”
National Law Review. “COVID-19 Update: U.S. Supreme Court Confirms CDC Exceeded Authority in Issuing Eviction Moratorium.”
Federal Housing Finance Agency. “Tenant Protections in Multi-Family Housing at FHFA.”
Source: https://www.thebalancemoney.com/rent-payment-assistance-5070264
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