Understanding Tenants’ and Landlords’ Rights Under the CARES Act

May 19, 2020 | Covid-19, Real Estate Law

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) effective as of March 27, 2020, imposed a 120-day nationwide moratorium on new eviction filings for certain rental properties. In light of the eviction moratorium, the Idaho Supreme Court approved and adopted a Statement of Landlord Regarding Cares Act Eviction Moratorium (“Statement of the Landlord”) that must be filed for all new and pending eviction proceedings. 

What is the Statement of the Landlord?

The Statement of the Landlord requires the landlord to supply information regarding the rental property. The CARES Act eviction moratorium only applies to certain rental properties which either:

1) 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. The Statement of Landlord includes a checklist of all relevant federal assistance programs and federally backed mortgage loans. The landlord must indicate whether the rental property at issue falls under any of those categories. If not, the landlord should select “none of the above.” A copy of the most recently updated version of the Statement of the Landlord can be found here.

When and where must it be filed?

For new evictions initiated between May 4, 2020, and July 25, 2020, the Statement of the Landlord must be filed with the complaint for eviction. 

For pending eviction actions filed after March 27, 2020, the Statement of the Landlord must be filed with the court prior to holding a hearing in the proceeding. Although other remote hearings require parties to submit exhibits 72 hours in advance, there is no such requirement for the Statement of the Landlord in a remote eviction proceeding.

Why is this necessary?

The Idaho Supreme Court has ordered that all landlords must file the Statement of the Landlord for all new and pending eviction actions. The Statement of Landlord is important because it tells the court whether the eviction protections in the CARES Act apply to the particular rental property at issue. If the rental property does not receive federal assistance or federally related financing, then the tenant is not entitled to protections under the CARES Act eviction moratorium. Some states and cities may provide broader eviction protections than the CARES Act, so it’s important to consult an attorney to determine your specific situation and how best to proceed. 

 

Tenants living in rental properties that do not receive federal assistance or financing are not entitled to federal protections under the CARES Act eviction moratorium, but local or state protections may still apply.