Introduction to the CARES Act
The CARES Act, or Coronavirus Aid, Relief, and Economic Security Act, was passed in March 2020 to provide relief to individuals and businesses affected by the COVID-19 pandemic. The act included a temporary moratorium on evictions for certain types of housing, which was set to expire on July 24, 2020.
However, the act has undergone several extensions and changes since its initial passage, leaving many to wonder if it is still in effect for evictions. As a result, it is essential to understand the current status of the CARES Act and its provisions related to evictions.
Eviction Moratorium Under the CARES Act
The CARES Act initially imposed a 120-day moratorium on evictions for certain types of housing, including properties with federally backed mortgages and those participating in federal housing programs. This moratorium was designed to provide temporary relief to tenants who were unable to pay rent due to the pandemic.
The moratorium has been extended several times, with the most recent extension expiring on June 30, 2021. However, the Supreme Court has ruled that the Centers for Disease Control and Prevention (CDC) does not have the authority to extend the moratorium without congressional approval.
Current Status of the CARES Act
As of now, the CARES Act is no longer in effect for evictions, as the moratorium has expired and the CDC does not have the authority to extend it. However, some states and local governments have implemented their own eviction moratoriums or rental assistance programs to provide relief to tenants.
It is essential for landlords and tenants to understand the current laws and regulations in their area, as they may vary significantly from the original provisions of the CARES Act. Additionally, tenants who are struggling to pay rent may be eligible for rental assistance programs or other forms of relief.
Impact on Landlords and Tenants
The expiration of the CARES Act moratorium has significant implications for both landlords and tenants. Landlords may now be able to proceed with evictions for non-payment of rent, while tenants may face increased uncertainty and risk of homelessness.
However, tenants may still be eligible for rental assistance or other forms of relief, and landlords may be required to follow specific procedures and protocols when pursuing evictions. It is crucial for both parties to understand their rights and responsibilities under the current law.
Conclusion and Next Steps
In conclusion, the CARES Act is no longer in effect for evictions, and the current laws and regulations regarding evictions vary by state and local government. It is essential for landlords and tenants to stay informed about the latest developments and to seek professional advice if needed.
Tenants who are struggling to pay rent should explore available rental assistance programs and other forms of relief, while landlords should ensure they are following the proper procedures and protocols when pursuing evictions. By staying informed and seeking professional guidance, both parties can navigate the complex and evolving landscape of eviction law.
Frequently Asked Questions
What is the current status of the CARES Act moratorium on evictions?
The CARES Act moratorium on evictions has expired, and the CDC does not have the authority to extend it without congressional approval.
Can landlords still evict tenants for non-payment of rent?
Yes, landlords may now be able to proceed with evictions for non-payment of rent, but they must follow specific procedures and protocols.
Are there any alternative forms of relief available to tenants?
Yes, tenants may be eligible for rental assistance programs or other forms of relief, and they should explore these options if they are struggling to pay rent.
Do state and local governments have their own eviction moratoriums?
Yes, some states and local governments have implemented their own eviction moratoriums or rental assistance programs to provide relief to tenants.
What should landlords do if they want to evict a tenant?
Landlords should ensure they are following the proper procedures and protocols when pursuing evictions, and they should seek professional advice if needed.
How can tenants find out if they are eligible for rental assistance?
Tenants can contact their local housing authority or a non-profit organization that provides rental assistance to find out if they are eligible for help.