Federal Coronavirus Aid, Relief, and Economic
Security (“CARES”) Act & Landlord and Tenant Cases
For cases filed on or after March 27, 2020

Yes

No

Is the reason for eviction
“nonpayment of rent or fees”?
CARES Act §4024(b)(1)

If NO, this case is
not covered by the
CARES Act.

If YES:
Does the property “participate
in” any of the following subsidy
programs covered by the
Violence Against Women Act
(“VAWA”)?

—OR—

Section 8 Project-Based Voucher
Public Housing
Project-based subsidies through HUD
Section 8 Housing Choice Vouchers
HOME (HOME Investment
Partnership)
HOPWA (Housing Opportunities for
Persons with AIDS)
Federal Low Income Housing Tax
Credit (LIHTC) units
Permanent Supportive Housing (PSH)
units, or any tenants using PSH or
Shelter Plus Care Voucher

If you have
checked any of
these boxes, the
CARES Act §§
4024(b)-(c),
applies to this
eviction

Does the property have a
federally-backed single family
(1-4 units) or multifamily (5 or
more units) mortgage that is:

Insured by the Federal Housing
Administration (FHA)?
Guaranteed, provided by, or
insured by HUD?
Guaranteed, provided by, or
insured by the Department of
Veterans Affairs (VA)?
Guaranteed, provided by, or
insured by, Department of
Agriculture (USDA)?
Guaranteed or owned by Fannie
Mae or Freddie Mac?



A landlord cannot start eviction proceedings for nonpayment of rent or fees until after August 26, 2020.



Before filing an eviction a landlord must first issue a
thirty (30) day notice to vacate.



A landlord cannot charge late fees for past due rent
that accrues from March 27 through July 25, 2020.



These deadlines may change due to local, state, or
federal moratorium extensions
Current as of 6/22/2020

 How to find out if the property-in-question is a
“covered property” (federally-backed mortgage):
Sometimes this information is recorded in public records, but often times it is not.
A non-exhaustive database of multifamily properties with HUD, FHA, USDA, Fannie Mae
and Freddie Mac mortgages can be found at the National Low Income Housing Coalition:
https://nlihc.org/federal-moratoriums?ct=t%28update_041720%29
Properties that have multifamily FHA or USDA mortgages are searchable on the National
Housing Preservation Database:
https://preservationdatabase.org/
NOTE: The landlord has access to
The landlord can call the FHA, VA, USDA,
information regarding whether his/her/
Fannie Mae or Freddie Mac escalation
its property is covered by the CARES
number listed on this website to inquire as
Act. The tenant often does not have
to the status of their mortgage: https://
access to this information because it is
www.hmpadmin.com/portal/resources/
not public record nor is it accessible
advisors/escalation.jsp
without particular, sensitive
information from the landlord. As such,
A landlord or tenant can look up whether
the landlord should be prepared to
Fannie Mae or Freddie Mac is guaranteeing
prove that the property is not
the mortgage on these sites:
covered by the CARES Act in order
https://myhome.freddiemac.com/renting/
to proceed.
lookup.html
https://www.knowyouroptions.com/
rentersresourcefinder?_ga=2.58064426.1630640099.
1593620622-1853524982.1593620622

How to find out if the property-in-question is a “covered property”
(covered by VAWA or USDA rural housing voucher):
A property is most likely a subsidized unit covered by the CARES act IF:


The tenant must complete an annual income recertification;



The tenant deals with a Public Housing Authority for matters related to their housing;



The tenant’s rent adjusts based on his/her income;



The tenant’s lease references a federal subsidy program



Some subsidies can be found using the searchable database on the National Housing
Preservation website: https://preservationdatabase.org/
Additional resources for judges on the protections under the CARES Act:

National Housing Law Project Summary:
https://www.nhlp.org/wp-content/uploads/2020.03.27-NHLP-CARES-Act-Eviction-Moratorium-Summary.pdf
National Housing Preservation Database FAQ:
https://preservationdatabase.org/frequently-asked-questions-about-eviction-protection-and-the-cares-act/