We will continue to provide resources as they become available. If you have questions about policy regarding your community, please contact an attorney.
COVID-19: Federal Updates
Supreme Court Strikes Down CDC Eviction Ban
Late last night, the U.S. Supreme Court (SCOTUS) ruled 6-3 to strike down the U.S. Centers for Disease Control and Prevention’s (CDC) federal eviction moratorium.
“The C.D.C. has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination,” read the unauthored majority opinion issued along ideological lines. “It strains credulity to believe that this statute grants the C.D.C. the sweeping authority that it asserts.”
It is important to note that yesterday’s SCOTUS ruling only applies to the CDC’s federal eviction order, not any additional moratoria enacted at the state or local levels. Please continue to follow all state and local laws and regulations and consult trusted local counsel for clarification as needed. Further, the ruling specified that a federal moratorium could only be implemented through Congressional action – NAA continues to advocate against such a move ahead of Congress’ September return, and the possibility of an eviction moratorium bill passing through both the House and Senate is slim. This is an evolving situation and NAA will keep you apprised of further developments.
In response to the news, NAA swiftly released a press statement applauding the Court’s ruling and reiterating our long-held belief that the CDC’s order was unlawful and overreaching. Further, we emphasized that it is time to work towards a sustainable solution – fully funding rental debt for both renters and housing providers and streamlining distribution of rental assistance funds – to keep renters housed and ensure that housing remains operational and
affordable in the long-term.
In the meantime, NAA continues its lawsuit seeking more than $26 billion in damages for rental housing providers harmed by the CDC’s order. The SCOTUS ruling is a right step in making housing providers and residents whole again, and further affirms the lawsuit’s goal of recovering lost rent suffered under an unlawful federal mandate. Your support is encouraged.
Stay safe and well,
Late last night, the U.S. Supreme Court (SCOTUS) ruled 6-3 to strike down the U.S. Centers for Disease Control and Prevention’s (CDC) federal eviction moratorium.
“The C.D.C. has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination,” read the unauthored majority opinion issued along ideological lines. “It strains credulity to believe that this statute grants the C.D.C. the sweeping authority that it asserts.”
It is important to note that yesterday’s SCOTUS ruling only applies to the CDC’s federal eviction order, not any additional moratoria enacted at the state or local levels. Please continue to follow all state and local laws and regulations and consult trusted local counsel for clarification as needed. Further, the ruling specified that a federal moratorium could only be implemented through Congressional action – NAA continues to advocate against such a move ahead of Congress’ September return, and the possibility of an eviction moratorium bill passing through both the House and Senate is slim. This is an evolving situation and NAA will keep you apprised of further developments.
In response to the news, NAA swiftly released a press statement applauding the Court’s ruling and reiterating our long-held belief that the CDC’s order was unlawful and overreaching. Further, we emphasized that it is time to work towards a sustainable solution – fully funding rental debt for both renters and housing providers and streamlining distribution of rental assistance funds – to keep renters housed and ensure that housing remains operational and
affordable in the long-term.
In the meantime, NAA continues its lawsuit seeking more than $26 billion in damages for rental housing providers harmed by the CDC’s order. The SCOTUS ruling is a right step in making housing providers and residents whole again, and further affirms the lawsuit’s goal of recovering lost rent suffered under an unlawful federal mandate. Your support is encouraged.
Stay safe and well,
New Search Tool for Rental Assistance Funds
The CDC Eviction Moratorium has been a tremendous financial and operational burden on the rental housing community. After months of advocacy by NAA, Congress finally allocated nearly $47 billion in rental assistance funds intended to help alleviate the financial burden of residents and rental housing providers. However, states and localities have been slow to deliver the funds and, in some instances, placed additional and prohibitive restrictions on rental assistance dollars, even as the moratorium’s July 31 expiration looms.
A new search tool is being launched today, July 28, providing information on rental assistance programs around the country. The Rental Assistance Finder was designed by the Consumer Financial Protection Bureau (CFPB) to help renters and housing providers find their local program and apply for assistance. We encourage members of the rental housing industry to use the tool and also share it widely with residents. This can only help make everyone whole again.
We hope you are safe and well.
Sincerely,
Greg Brown
SVP of Government Affairs
National Apartment Association
The CDC Eviction Moratorium has been a tremendous financial and operational burden on the rental housing community. After months of advocacy by NAA, Congress finally allocated nearly $47 billion in rental assistance funds intended to help alleviate the financial burden of residents and rental housing providers. However, states and localities have been slow to deliver the funds and, in some instances, placed additional and prohibitive restrictions on rental assistance dollars, even as the moratorium’s July 31 expiration looms.
A new search tool is being launched today, July 28, providing information on rental assistance programs around the country. The Rental Assistance Finder was designed by the Consumer Financial Protection Bureau (CFPB) to help renters and housing providers find their local program and apply for assistance. We encourage members of the rental housing industry to use the tool and also share it widely with residents. This can only help make everyone whole again.
We hope you are safe and well.
Sincerely,
Greg Brown
SVP of Government Affairs
National Apartment Association
CDC Eviction Order - Legal Developments & Documents
Updated: CDC EM Extension_NAA Talking Points
favorable_court_decision_regarding_the_cdc_eviction_order.pdf
complaint_-_alabama_assoc_of_realtors.pdf
alabama_association_of_realtors_et_al_v._united_states_department_of_health_and_human_services.pdf
doj_appeal_to_dc_circuit_of_aar_decision.png
Updated: CDC EM Extension_NAA Talking Points
favorable_court_decision_regarding_the_cdc_eviction_order.pdf
complaint_-_alabama_assoc_of_realtors.pdf
alabama_association_of_realtors_et_al_v._united_states_department_of_health_and_human_services.pdf
doj_appeal_to_dc_circuit_of_aar_decision.png
Letter issued jointly by the CFPB and FTC to “Landlord/Property Management Companies” regarding “Preventing Illegal Evictions During the COVID-19 Pandemic.”
joint_notice_letter_signed_by_cfpb_and_ftc.pdf
joint_notice_letter_signed_by_cfpb_and_ftc.pdf
CDC Order Extended Through June 30th with Modifications
CFPB announced stepped up enforcement efforts. We will continue conversations with the Administration about this and will update you as we learn more.
This morning, the CDC extended its federal eviction moratorium order through June 30, 2021. The announcement included modifications, while the core elements of the order remain in effect. You will see an all-member alert go out shortly. Also, be on the lookout for additional outreach to association partners and members as we update our member guidance accordingly.
Three items of particular concern stand out from the CDC’s announcement:
As you know, NAA is strongly opposed to eviction moratoriums and their continued extensions or expansions, and continues to push back against this dangerous and damaging government overreach. NAA will keep updated on new developments as all options remain on the table.
CFPB announced stepped up enforcement efforts. We will continue conversations with the Administration about this and will update you as we learn more.
This morning, the CDC extended its federal eviction moratorium order through June 30, 2021. The announcement included modifications, while the core elements of the order remain in effect. You will see an all-member alert go out shortly. Also, be on the lookout for additional outreach to association partners and members as we update our member guidance accordingly.
Three items of particular concern stand out from the CDC’s announcement:
- While the order does not prohibit evictions for engaging in criminal activity while on the leased premises, covered persons may not be evicted on the sole basis that they are alleged to have committed the crime of trespass (or similar state-law offense);
- Individuals who have, who might have been exposed to, or who might have COVID-19 should not be evicted on the grounds that they pose a health or safety threat to other residents; and
- Covered persons may use any written document in place of the declaration form, if it includes the required information in the form, or use a form translated into other languages.
As you know, NAA is strongly opposed to eviction moratoriums and their continued extensions or expansions, and continues to push back against this dangerous and damaging government overreach. NAA will keep updated on new developments as all options remain on the table.
CDC Eviction Order - Extended
CAA Members,
President Biden asked the CDC to extend its 2020 eviction order through March 31st. Here is the joint statement issued by NAA and NMHC on that action. The working theory is that the timing of this is to coincide with consideration of another COVID stimulus package that could see floor action as soon as March. The President has proposed that there be some sort of eviction moratorium through the end of September as part of his “American Rescue Plan,” his baseline for the next COVID bill. Learn more about our advocacy efforts so far.
The extension of the CDC order was “as-is” without any substantive changes, however, Dr. Rochelle Walensky, MD, MPH, the incoming Director of the CDC, is reportedly going to implement a process immediately to take input on any potential changes. The activist community already weighed in with the Administration regarding the kinds of changes it would like to see. NAA will be involved in these conversations as well.
Laura Swanson
Executive Director
CAA Members,
President Biden asked the CDC to extend its 2020 eviction order through March 31st. Here is the joint statement issued by NAA and NMHC on that action. The working theory is that the timing of this is to coincide with consideration of another COVID stimulus package that could see floor action as soon as March. The President has proposed that there be some sort of eviction moratorium through the end of September as part of his “American Rescue Plan,” his baseline for the next COVID bill. Learn more about our advocacy efforts so far.
The extension of the CDC order was “as-is” without any substantive changes, however, Dr. Rochelle Walensky, MD, MPH, the incoming Director of the CDC, is reportedly going to implement a process immediately to take input on any potential changes. The activist community already weighed in with the Administration regarding the kinds of changes it would like to see. NAA will be involved in these conversations as well.
Laura Swanson
Executive Director
Biden COVID Rescue Plan
| Single Page Summary-Biden COVID Relief Package |
| NAA Webinar-Evicition Advocacy and Communications Strategies |
| eviction_moratorium_executive_summary_october.pdf |
NAA Eviction Policy Page
| End Eviciton Moratorium.pdf |
RESOURCES
Mental Health Resources for Rental Housing: https://covidinitiative.rentalhousingindustry.org/mentalhealth
National Apartment Association/National Multifamily Housing Council - this is a summary focused on the sections of COVID-19 stimulus that would help residents and the property owners/managers.
Center for Disease Control https://www.cdc.gov/coronavirus/
National Apartment Association https://www.naahq.org/news-publications/guidance-dealing-coronavirus
National Apartment Association Micro-webinar Series as part of COVID-19 resources. These brief 10-minuet micro-webinars will examine and provide guidance on pressing issues affecting the rental housing industry in light of COVID-19.
National Multifamily Housing Council COVID-19 Preparedness for Apartment Firms
NAA Statement on COVID-19 and Rent
National Apartment Association https://www.naahq.org/news-publications/guidance-dealing-coronavirus
National Apartment Association Micro-webinar Series as part of COVID-19 resources. These brief 10-minuet micro-webinars will examine and provide guidance on pressing issues affecting the rental housing industry in light of COVID-19.
National Multifamily Housing Council COVID-19 Preparedness for Apartment Firms
NAA Statement on COVID-19 and Rent
Attachments:
Business Loan Program Temporary Changes; Paycheck Protection Program
CARES Section by Section Final
Coronavirus Supplemental Appropriations Summary Final
NMHC/NAA COVID 19 Relief 3.13.20
NAA Resources and Updates
Coronavirus Worker'comp Update
Coronavirus Unemployment Update
Business Loan Program Temporary Changes; Paycheck Protection Program
CARES Section by Section Final
Coronavirus Supplemental Appropriations Summary Final
NMHC/NAA COVID 19 Relief 3.13.20
NAA Resources and Updates
Coronavirus Worker'comp Update
Coronavirus Unemployment Update
American Red Cross
COVID-19 Checklist
Your Red Cross must be prepared to adapt to the challenges posed by the coronavirus outbreak to support people across the U.S. who count on us in their darkest hours – whether a local home fire, 14 tornadoes touching down in Tennessee, or the need for emergency blood. Your Red Cross will continue to be there, keeping the safety of our staff, volunteers and clients first and foremost.
Disasters are not going to stop, even in coronavirus areas
(Did you know there have been at least 10 disasters at $1 Billion or more every year for the past 5 consecutive years?!)
COVID-19 Checklist
Your Red Cross must be prepared to adapt to the challenges posed by the coronavirus outbreak to support people across the U.S. who count on us in their darkest hours – whether a local home fire, 14 tornadoes touching down in Tennessee, or the need for emergency blood. Your Red Cross will continue to be there, keeping the safety of our staff, volunteers and clients first and foremost.
Disasters are not going to stop, even in coronavirus areas
(Did you know there have been at least 10 disasters at $1 Billion or more every year for the past 5 consecutive years?!)
- Your Red Cross is ensuring we are able to continue supplying critical relief services
- We are equipping our volunteers so that they can keep themselves safe while ensuring the safety of our clients
- In larger shelters, we are prepared for isolation areas
- Every precaution we take is aligned with and calibrated to the local public health agency
- We are investing in technology and training for counseling and other relief services that can be delivered in a virtual environment
- 90% of our staff are volunteers; however, many are in the vulnerable population for the coronavirus. We will invest in sending paid staff to disasters and in recruiting & training more volunteers
- Your Red Cross is collaborating with the FDA, CDC and American Association of Blood Banks (AABB) to ensure the safety and availability of the U.S. blood supply
- At every blood drive and donation center, Red Cross employees follow specific safety protocols, including wearing gloves, routinely wiping down donor-touched areas, and using sterile collection sets for every donation
- Trained staff will be wearing a facemask and gloves to take the temperature of donors before they enter the blood drive
- We are adding more staff and other resources to recruit blood drive sponsors and collect vital blood products
- Give blood! We are urging healthy, eligible individuals to schedule a blood or platelet donation appointment as soon as possible to help ensure a sufficient blood supply and avoid a shortage. Schedule your appointment at www.RedCrossBlood.org
- Help financially – Our investment in technology, training and necessary resources to keep our volunteers, staff and clients safe from the coronavirus is increasing our costs. Please consider giving through www.RedCross.org/donate or by mailing your gift to: American Red Cross, 995 E. Broad St., Columbus, OH 45205
- Share this information with others and remember to wash your hands thoroughly and frequently.
