Moratoriums on Evictions!

[Akay O.]

So, I have been researching on innovative ways to evict a tenant despite the ban on evictions. As a result, I reviewed the CARES ACT; Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) and discovered some very revealing information, at least for me.

Section 4024 of the CARES Act provides a temporary moratorium on eviction filings as well as other protections for tenants in rental properties. However, the following conditions must apply before a tenant can have such a benefit.

1. The property must be a rental property with federal assistance or federally related financing.

2. It must be a “covered dwellings”

3. It bars Landlords from issuing notice for 120 day period commencing from March 27. Therefore, as of today, there is nothing stopping a Landlord from issuing a 30 day notice to vacate, as the 120 days period has elapsed.

4. Valid 30 days Notices can be issued from about July 27.

In a nutshell, the CARES Act's eviction protections only apply to "covered dwellings," which are rental units in properties: (1) that participate in federal assistance programs, (2) are subject to a "federally backed mortgage loan," or (3) are subject to a "federally backed multifamily mortgage loan."

So, based on the above, I can only conclude that private landlords can serve notices and evict if they do not have a federally backed mortgage loan.

Backed with this information, if you want to be exempt of the CARES ACT as of this moment, is there anyone aware of innovative ways of doing this? Can there be further innovative solutions assuming one is currently backed by a federal assistance program?

How about a sitting foreclosed Landlord? From the above, a foreclosed owner cannot be classed as a tenant and therefore exempt from this protections.

Thank you