Katherine Welles - stock.adobe.com
On March 29, the Centers for Disease Control and Prevention (CDC) announced an extension of the federal eviction moratorium through June 30, 2021. Prior to this extension, the moratorium was set to expire March 31, 2021.
Throughout the pandemic, NMHC has been in constant communication with the Administration on the harmful effects of a protracted eviction moratorium. “After grappling with the financial distress of the pandemic and eviction moratoriums for more than a year, housing providers have few resources left,” said NMHC and NAA through a statement released following the CDC announcement. “Another extension only serves to exacerbate the challenges facing the rental housing industry and does not address the underlying financial stress of apartment residents, instead forcing households to accumulate insurmountable levels of debt.”
Property owners and managers should be aware that the latest extension also made changes to operational elements of the CDC Order, including the use of a new declaration form and expanded resident attestation capabilities. Additionally, the extension comes amid growing legal uncertainty about the federal government’s authority to issue a nationwide moratorium. Apartment firms should, therefore, continue to work with legal counsel to determine any applicable impacts to individual eviction policies and practices.
In addition to the CDC announcement, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) issued a joint statement outlining their intent to investigate eviction practices they deem unlawful—including those that may violate provisions under the Fair Debt Collection Practices Act and the Federal Trade Commission Act. The agencies specifically signaled they intend to investigate deceptive and unfair practices that may stem from failures to apprise residents of rights under moratoria. “Staff at both agencies will be monitoring and investigating eviction practices, particularly by major multistate landlords, eviction management services, and private equity firms, to ensure that they are complying with the law,” their statement read.
NMHC will continue to educate policymakers on the importance of real, long-term solutions to the ongoing crisis. Direct financial assistance has been shown to be the most effective approach towards keeping apartment residents safely and securely housed and to preserving the stability of the rental housing industry. As such, we urge governments at all levels to prioritize swift and broad-based distribution of the almost $50 billion in recently passed emergency rental assistance funds.
Related Resources
CDC Order: Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (Released March 29, 2021)
White House Fact Sheet: The Biden-Harris Administration’s Multi-Agency Effort to Support Renters and Landlords (Released March 29, 2021)
CDC Document: Resident Eviction Protection Declaration (Updated March 29, 2021)
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