Rental Assistance

The Supreme Court ruled on August 26, 2021 that the latest federal eviction moratorium extension was unlawful.

As supported by NAR, the Administration focused on promoting awareness of the availability of rental assistance to help both renters and housing providers through an informational platform launched by the Consumer Financial Protection Bureau at the end of July 2021 and a fact sheet on “Initiatives to Promote Housing Stability by Supporting Vulnerable Tenants and Preventing Foreclosures” issued at the end of June 2021. In addition to the Emergency Rental Assistance Program (ERAP) funds, states may use the State and Local Fiscal Recovery Fund (SLFRF) Program funding from the CARES Act to provide rental assistance and housing counseling services to residents.

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Rental Assistance Resources

November 12, 2021

The Supreme Court ruled that the latest federal eviction moratorium was unlawful, but state and local moratoria may still be in effect.

Talking Points: CDC Eviction Moratorium

August 27, 2021

Check out the talking points, background information, and resources to help housing providers after the expiration of the federal evictions moratorium

Coronavirus: Housing Providers FAQs

June 22, 2022

Housing providers need to maintain and, if necessary, increase the steps they have already taken to minimize the spread of the COVID-19 virus.

Graphic: CFPB COVID Rent Relief Toolkit Graphic

The Consumer Financial Protection Bureau (CFPB) Rental Assistance Finder connects renters and housing providers with the state and local programs that are distributing billions of dollars in federal assistance nationwide to help renters stay housed during the pandemic.

Property Owners Continue to Struggle Amid Pandemic Environment

Property Owners Continue to Struggle During Pandemic

August 14, 2021

As a result of NAR's advocacy, more than $46 billion in rental assistance was secured through two separate pieces of legislation.

Issue Brief: CDC Eviction Moratorium Litigation

August 27, 2021

The U.S. Supreme Court agreed the Centers for Disease Control and Prevention (CDC) lacked the authority to implement a nationwide eviction moratorium.

Rental Housing Issues

NAR knows the importance of available and affordable rental housing for future homeowners. Check out a list of NAR resources on renters’ issues.

Rental Properties

Real estate agents, in varying roles, may help their clients purchase properties and rent them out to tenants.

Advocacy

NAR's Position on Rental Assistance

NAR has always maintained that the best solution for all parties was rental assistance to cover the rent, taxes, and utility bills for tenants struggling during the pandemic. This prevents two crises—one for tenants, and one for mom-and-pop housing providers who do not have a reprieve from their bills.

With rental assistance secured, the economy strengthening, and unemployment rates falling, there is no need to continue a blanket, nationwide eviction ban. Our focus now is on the swift and full implementation of rental assistance as we aim to regain stability and normalcy in America's housing market.

NAR's Advocacy Efforts on Rental Assistance

NAR remains focused on ensuring the effective deployment of rental assistance to protect tenants and avoid the ongoing financial burdens unfairly placed on housing providers. NAR continues to work closely with the Administration and a large coalition of industry partners on these efforts so that tenants and housing providers alike can meet their financial obligations and the housing market is stabilized.

NAR has advocated for and helped secure nearly $50 billion in federal rental assistance funding. It continues to support its members in their efforts to obtain these critical funds for their tenants and remains one of the most vocal and committed public opponents of the CDC’s eviction moratorium.
NAR also continues to work within a large, industry-wide coalition opposing the CDC orderpdf and advocating for effective deployment of emergency rental assistance.
As advocated for by NAR, the White House recently released additional guidance aimed at speeding up and improving distribution of Emergency Rental Assistance Program (ERAP) funds to tenants and housing providers in need.
- Read more about the ERAP changes, including the allowance of allowing self-attestation, advances for housing providers, and ensuring that previous addresses are eligible for ERAP funds.
- NAR also recently met with the Consumer Financial Protection Bureau (CFPB) to discuss methods for better communicating the availability of aid to both renters and housing providers who can benefit from it. That feedback was used to develop a brand new helpful toolkit for renters and housing providers on accessing rental assistance.
NAR will continue to work with the Administration and Congress to improve the distribution of ERAP funds and ensure they are getting to tenants who qualify so their housing providers can be made whole.

References

NAR Library & Archives has already done the research for you. References (formerly Field Guides) offer links to articles, eBooks, websites, statistics, and more to provide a comprehensive overview of perspectives. EBSCO articles (E) are available only to NAR members and require the member's nar.realtor login.

Eviction Moratorium

U.S. Supreme Court Ends CDC's Pandemic Residential Eviction Moratorium (Reuters, Aug. 27, 2021)

The U.S. Supreme Court on Thursday ended the pandemic-related federal moratorium on residential evictions imposed by President Joe Biden's administration in a challenge to the policy brought by a coalition of landlords and real estate trade groups.

CDC Issues Eviction Moratorium Order in Areas of Substantial and High Transmission (Center for Disease Control & Prevention, Aug. 3, 2021)

This Order is effective on August 3, 2021 and will remain in effect through October 3, 2021, subject to revision based on the changing public health landscape.

Impact on Small Landlords

Effects of the Federal Eviction Moratorium Being Lifted: The Feared Wave of Evictions That Never Hit (Pepperdine | Caruso School of Law, Feb. 17, 2023)

“During the moratorium, eviction filings were around 49% compared to historical averages. Since the moratorium ended, instead of the expected massive influx of evictions, landlords are still filing far fewer evictions than they normally would in a pre-pandemic year. Eviction filings did increase in the first two months after the moratorium ended, but in the third month they slightly dropped. Overall, in the first three months after the moratorium ended, there were just 20.4% more eviction cases filed.”

Eviction Moratorium’s Renewal Squeezes Small Landlords (The Wall Street Journal, Aug. 6, 2021)

The Centers for Disease Control and Prevention enacted the eviction ban last September to prevent people with financial hardship from being evicted during the pandemic. Since then, many smaller landlords have struggled to collect their monthly rent checks and some have gone into forbearance on their mortgages.

The Eviction Moratorium Is Killing Small Landlords,’ Says One, As Ban Is Extended Another Month (CNBC, June 25, 2021)

The majority of the nation’s landlords are individual investors. They own about 23 million units in 17 million properties, according to the U.S. Census. More than 6 million renter households are behind on rent, also according to the Census. Landlords have next to no recourse. Howard Simon owns a small building in Massachusetts with three rental units. He hasn’t received the rent on one of them since last October and is out about $7,000 so far. “I have mortgages, I have expenses for repairs to that particular building, I’m losing one-third of the rent just because of this,” said Simon. “And you know the other tenants who are occupying the other two units, they’re trying their hardest and doing their best.” Simon has contacted the delinquent tenants but said they will not respond, nor will they apply for the aid available to them.

Eviction Moratorium: Landlords Pay a Price (Washington Examiner, April 1, 2021)

While acknowledging the plight of tenants, many local, state, and federal government agencies appear dismissive of the plight of small-time landlords, such as Rich Tyson of Rochester, New York. “My property tax by liability per year is approximately $58,000. I've lost more than that year to date from tenants, not affected by COVID, but who simply have chosen not to pay rent. ... I’ve lost… $60,000 this year in rents that are… never going to get recouped,” said Tyson.

Impact on Tenants

More than Shelter: The Effect of Rental Eviction Moratoria on Household Well-Being (AEA Papers & Proceedings, May 1, 2022)

Analysis of both Federal Reserve and Opportunity Insights data indicates that the imposition of rental eviction moratoria served to boost food and grocery spending, especially among policy-targeted neighborhoods. Eviction moratoria also reduced food insecurity and mental stress measured by the Census Household Pulse Survey, especially among Black households.

After the Eviction Moratorium (New Republic, Jul. 1, 2022) E

“When the CDC eviction ban fell, many expected a tsunami of evictions. For a while, some remaining enter protections, coupled with federal assistance, held back the flood. Nevertheless, bit by bit, eviction filings climbed to the point that there are now an “alarming number of places that have exceeded 100 percent of the historical average,” said Peter Hepburn, a research fellow at the Eviction Lab. By the end of 2021, only three states, including New York, retained eviction bans; now they’re virtually all gone.”

More Than Shelter: The Effects of Rental Eviction Moratoria on Household Well-Being (SSRN, Sep. 7, 2021)

We investigate the impact of 2020 COVID-19 rental eviction moratoria on household well-being. Analysis of new panel data indicates that eviction moratoria reduced evictions filings and resulted in redirection of scarce household financial resources to immediate consumption needs, notably including food and grocery spending. We also find that eviction moratoria reduced household food insecurity and mental stress, with larger effects evidenced among African American households. Findings suggest broad salutary effects of eviction moratoria during a period of widespread virus and economic distress.

Useful Websites

COVID-19 Resources for Renters (U.S. Department of Housing and Urban Development)

Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus (NOLO)

Federal Eviction Moratorium (National Low Income Housing Coalition)

Temporary Protection from Eviction (Center for Disease Control & Prevention)

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