Multifamily and Affordable Housing Resources for COVID-19

NAHB continues to monitor the challenges related to the COVID-19 pandemic to provide members with the most up-to-date resources to weather the storm.

Multifamily builders, developers, owners and managers face some unique challenges related to the rental market. To help navigate the regulations surrounding assistance both for rental provisions and operations, NAHB has provided the following information.

NAHB also facilitates frequent calls for members of the Multifamily Council, Affordable Housing Group and Multifamily Leadership Board, which allow us to share information and best practices in these challenging times.

For more information, contact multifamily@nahb.org.

Eviction Moratorium

The Centers for Disease Control and Prevention (CDC) extended its eviction moratorium order until Oct. 3, 2021. However, the U.S. Supreme Court issued a 6-3 decision on Aug. 26, 2021, that said it was unlawful for the Centers for Disease Control and Prevention (CDC) to unilaterally extend its eviction moratorium through Oct. 3, 2021.

In ruling that the CDC did not have the power to issue such a ban, the court said: “It is up to Congress, not the CDC, to decide whether the public interest merits further action here.”

Before the Supreme Court issued its decision, nearly all NAHB members were exempt from the CDC eviction moratorium while all other landlords nationwide had to comply with the eviction ban. The CDC eviction moratorium does not apply to NAHB members who were members of the association as of October 2020, when NAHB filed a lawsuit contesting the federal eviction moratorium that began last September. A federal judge in the Northern District of Ohio ruled that Congress did not provide the CDC with the authority to issue such a moratorium. The Department of Justice has affirmed the court’s ruling prevents the CDC from enforcing the Aug. 3 eviction moratorium order against NAHB members who were members at the time of the complaint.

The Supreme Court decision means that NAHB members who joined the association after October 2020 and other landlords nationwide no longer must comply with the CDC’s federal eviction ban.

Learn more about NAHB’s challenge to the CDC’s eviction moratorium.

NAHB continues to urge members to seek access to the $46.5 billion of rental funding through the Emergency Rental Assistance Program via your local government and state housing finance agencies before pursuing an eviction or as an alternative to starting eviction proceedings.

The White House is also taking the following steps to prevent evictions:

• Urge state and local courts to participate in eviction diversion efforts.
• Highlight that American Rescue Plan funds for state and local governments and for emergency rental assistance can be used to fund eviction diversion plans, including counseling, navigator and legal services.
• Convene a White House summit for immediate eviction prevention plans.
• Ensure that the 30-day eviction notice requirement for federally backed properties is enforced.
• Make clear the Fair Housing Act must be followed.
• Accelerate and broaden state and local delivery of emergency rental assistance by providing clarity on bulk payments, aiding Americans experiencing homelessness, and overcoming language and disability barriers.

The White House fact sheet provides more information on these initiatives.

Rental Assistance

A robust rental relief component in the new economic stimulus legislation that would allow landlords to request rental assistance on behalf of their tenants under certain circumstances.

Help residents access necessary rental assistance by reaching out individually to connect them with resources. This sample script offers a guide for outreach.

The Department of the Treasury has also issued guidance to help expedite emergency rental assistance, in which it:

• Strongly encourages partnerships with courts to actively prevent evictions and develop eviction diversion programs.
• Makes clear that states and localities, in partnership with their court systems, can tap the $350 billion Coronavirus State and Local Fiscal Recovery Funds and billions of additional dollars available for housing stability services through the Emergency Rental Assistance Program for funding their eviction diversion efforts.
• Helps families experiencing homelessness gain access to assistance.
• Drives towards equal access by removing language and cultural barriers in securing emergency rental assistance.
• Provides a streamlined payment option for utility providers and large landlords to make accessing emergency rental assistance on behalf of multiple tenants easier and more attractive.
• Pushes grantee coordination to reduce the confusion, burdens, and delays in providing assistance created by differences in locally imposed requirements among programs operating in the same regions.

The Treasury fact sheet and FAQs provide more information.

This page provides general information and does not constitute any legal advice. NAHB encourages all members to consult their local landlord-tenant attorney prior to filing an eviction.