Covered under the Cares Act
Last updated April 16, 2020
On March 27, 2020, the president signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. The law includes important, immediate protections for tenants and homeowners. The federal eviction moratorium applies to properties covered under the Violence Against Women Act (VAWA), properties covered under the "rural housing voucher program", and all properties with a federally backed mortgage loan.
Just type in your full address in the search bar on the top right corner of the map below. If the address is the same as one of the red dots, this property is covered under the CARES Act.
The map includes all Kentucky properties covered under the CARES Act except single-family units with a federally backed mortgage loan. Since we do not have access to that information, advocates should assert that a landlord who files an eviction suit (for nonpayment of rent) on the single-family property during the federal moratorium period must plead and prove that the property is not subject to a federally backed mortgage loan.
More on the CARES Act
The eviction moratorium operates by restricting lessors of covered properties (discussed above) from filing new eviction actions for non-payment of rent, and also prohibits“charg[ing] fees, penalties, or other charges to the tenant related to such nonpayment of rent.” The federal moratorium also provides that a lessor (of a covered property) may not evict a tenant after the moratorium expires except on 30 days’ notice—which may not be given until after the moratorium period. The federal eviction moratorium took effect on March 27, 2020, and extends for 120 days.
The federal eviction moratorium does not affect cases:
a) that were filed before the moratorium took effect or that are filed after it sunsets
b) that involve non-covered tenancies (see below), or
c) where the eviction is based on another reason besides nonpayment of rent or nonpayment of other fees or charges.
For cases that are not barred (or not clearly barred) by the federal moratorium, advocates should next check to see whether any state or local eviction moratorium protects the client. Advocates should also check to see if any state or local moratorium provides more expansive protections than provided by the federal moratorium.
For more information, please visit the National Housing Law Project
Data Source: National Housing Preservation Database (NHPD)