CARES Act Eviction Moratorium

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) mandates an eviction moratorium until July 25, 2020 which:

  • restricts landlords of covered properties from filing new eviction actions for non-payment of rent;
  • prohibits charging fees, penalties, or other charges to the tenant related to such nonpayment of rent.
  • Prohibits landlords from evicting  tenants after the moratorium expires, except on 30 days’ notice, which may not be given until after the moratorium period.

The federal eviction moratorium does not affect cases that were filed before the moratorium took effect or that are filed after it sunsets and where the eviction is based on another reason besides nonpayment of rent or other fees or charges.

The eviction moratorium applies to “covered properties”:

  • that are HUD housing, including public housing, elderly housing, housing for people with disabilities and Section 8 housing.
  • that participate in the rural housing voucher program;
  • has a federally backed mortgage loan; or
  • has a federally backed multifamily mortgage loan.

If you have any questions about the CARES Act eviction moratorium, please contact our office today to schedule a legal consultation with our experienced Rochester landlord tenant lawyers. We are here to help.

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