07/10/2020
Summary and Analysis of Federal CARES Act Eviction Moratorium
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 for tenants living in certain types of housing is
summarized below. NHLP is working on a separate analysis regarding the provisions for
homeowners.
I. What does the federal eviction moratorium do?
The eviction moratorium restricts lessors of covered properties (discussed in more detail below)
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.” Sec. 4024(b). 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. See Sec. 4024(c).
The federal eviction moratorium does not prohibit filing of 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.
The moratorium does not explicitly state whether evictions “for nonpayment of rent or other fees
or charges” includes evictions motivated by a tenant’s nonpayment of rent (or other fees or
charges) but formally based on a “no-cause” lease termination notice or refusal to renew a term
tenancy. Sec. 4024(b)(1). However, advocates should assert that the moratorium bars the filing
of any eviction case that is motivated (wholly or in part) by a tenant’s nonpayment of rent or
other fees or charges, whether or not the action is formally based on such non-payment.
Allowing landlords to skirt the moratorium by evicting tenants for “no cause” would frustrate the
purpose of the statute where the reason for the eviction is delinquent rent or fees. And, such a
reading would lead to an absurd result, because a landlord could more quickly and easily evict a
tenant without cause during the moratorium period than after the moratorium expires (at which
point a 30-day notice would be required).
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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.