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CARES Act Suspends Eviction, Late Fees for Nonpayment of Rent for HUD-Assisted Participants


In Section 4024 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the U.S. Department of Housing and Urban Development (HUD) has suspended charges/fees and evictions for nonpayment of rent for all HUD-Assisted participants from March 27, 2020 to July 24, 2020.


PRINTABLE Q & A from HUD

PRINTABLE Q & A from HUDpdf



What does this law mean for tenants?

  • Rent is still due during this time period and will accumulate if unpaid, but landlords cannot initiate a new eviction action for nonpayment of rent or provide a notice to vacate for nonpayment of rent from March 27, 2020 to July 24, 2020.

  • Landlords cannot charge late fees or accrue charges/fees and your assistance cannot be terminated for nonpayment of rent from March 27, 2020 to July 24, 2020.

  • HCV Participants who have lost a job or had a significant loss of income may request an interim reexamination as soon as possible. Their rent will be adjusted to reflect the change in income. In some cases, a financial hardship exemption may be approved. Rent adjustments will be made retroactive to the first of the month after the loss of income. If your landlord receives a retroactive payment, you should be credited for any portion of rent already paid.

  • If you are behind on rent after the suspension of evictions expire: Voucher participants need to negotiate directly with your landlord to determine requirements to repay unpaid rent. Otherwise, your landlord could file an eviction. Public housing participants need to work with the Fairfax County Redevelopment and Housing Authority (FCRHA) to pay unpaid rent in a lump sum or set up a repayment agreement. Otherwise, your assistance could be terminated and/or the PHA could file an eviction.

What does this law mean for landlords?

  • Landlords cannot charge any late fees or accrue charges/fees, they also cannot initiate a new eviction action for nonpayment of rent from March 27, 2020 to July 24, 2020.

  • If you know your tenant has lost income, please contact them to determine what accommodations can be made. When the law regarding the suspension of evictions expires, tenants will be required to repay unpaid rent and you would be able to file for eviction. You are encouraged to consider payment plans to avoid this outcome.

  • Should you receive a retroactive payment that reflects added assistance has been approved for your tenant, you must credit the household for any portion of rent already paid.

  • If you filed for evictions for nonpayment of rent before March 27, 2020, you could proceed if there is no conflict with state or local laws.

  • You may still terminate assistance and evict for drug abuse, criminal activity, lease violations, fraud, repeated minor violations, other good cause, etc.

If you have specific questions about the suspension of fees/charges and eviction proceedings for nonpayment of rent, please contact us at 703-246-5101, TTY 711.

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