Federal CARES Act Eviction Protections

What protections does the federal CARES Act provide to tenants? 

If you live in a property covered by the new federal CARES Act, until July 25, 2020, your landlord may not: 

  • Charge you late fees,
  • Send you a notice to vacate (“demand for possession”) for not paying rent, or 
  • File an eviction case against you based on non-payment of rent.

Even after July 25, your landlord must give you 30 days’ notice before it can file an eviction case against you based on non-payment of rent.

How do I know if the property where I live is covered by the CARES Act? 

You are covered by the Act if: 

  • You have a Section 8 voucher or rural development voucher
  • You live in a federally subsidized property. Some examples of federally subsidized housing include public housing, low-income housing tax credit (LIHTC) properties, and project-based Section 8 housing.
    • How do I know if I live in a federally subsidized property? 
      • If your rent is based on your income you most likely live in federally subsidized housing. 
      • You can ask your landlord. Your landlord must check before filing an eviction case against you. 
      • You can also look up your building in this database, which lists some, but not all, federally subsidized properties: https://nlihc.org/federal-moratoriums. This database is not comprehensive. You may still be protected by the CARES Act, even if your property is not listed in the database. 
  • Your landlord has a federally-backed multifamily mortgage. Federally-backed multifamily mortgages are mortgages for buildings with 5 or more units and mobile home communities made or guaranteed by the HUD/FHA, USDA-RD, or VA, or purchased or securitized by Fannie Mae or Freddie Mac.
    • How do I know if my landlord has a federally-backed multifamily mortgage? 
      • You can ask your landlord. Your landlord must check before filing an eviction case against you. They can find out by looking at their mortgage and loan documents, calling their loan servicer, using Fannie Mae or Freddie Mac’s online look up tools, or contacting HUD’s National Servicing Center at 877-622-8525 for HUD/FHA loans.
      • You can also look up your building in this database, which lists some, but not all, properties with federally-backed multifamily mortgage loans: https://nlihc.org/federal-moratoriums. This database is not comprehensive. You may still be protected by the CARES Act, even if your property is not listed in the database.
  • Your landlord has a federally-backed mortgage. Federally-backed mortgages include mortgages on single family homes and buildings with 4 or fewer units made or guaranteed by HUD/FHA, USDA, or VA, or purchased or securitized by Fannie Mae or Freddie Mac.
    • How do I know if my landlord has a federally-backed mortgage? 
      • You can ask your landlord. Your landlord must check before filing an eviction case against you. Your landlord should be able to find out by looking at their mortgage and loan documents, calling their loan servicer, using Fannie Mae or Freddie Mac’s online look up tools, or contacting HUD’s National Servicing Center at 877-622-8525 for HUD/FHA loans. 

What can I do if I have questions or need more help? 

If you have questions or need legal help, you can call one of Legal Services of South Central Michigan's offices. You can visit michiganlegalhelp.org to find a lawyer statewide.

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