Extended Statewide Eviction Moratorium
A copy of the new eviction moratorium can be found here. Details of the changes can be found below.
Despite real evidence that rental payments are largely being made, our members are doing all they can to assist renters needing real assistance during this difficult time, while behavioral issues increase, and disrupt residential apartment communities, the eviction moratorium remains largely unchanged.
The state must use some of the $2.9 billion it received in CARES Act money to support renters truly needing assistance during this pandemic, instead of broad brushed orders that are not narrowly tailored to assist those most in need.
Information on the existing provisions of the eviction moratorium can be found here. These are the following additions/changes made to the eviction moratorium:
- Continues to prohibit the service of any notice where remedy may include eviction, except where the action is necessary to respond to a significant and immediate risk to the health, safety or property of others created by the resident.
- Permits termination with 60 days' written notice of intent (1) to personally occupy the premises as a primary residence or (ii) to sell the property. Because of the timing any termination under this section is likely to become effective August 31.
- Creates a defense to an eviction if the housing provider failed to offer a reasonable payment plan.
- Exempts commercial properties from the rent control provisions where an automatic rent increase was agreed to and executed prior to February 29.
- Adds a retaliation provision for invoking their rights under any of the Governor's eviction Proclamation or other rights provided by the Residential Landlord Tenant Act.
- Permits reasonable communications with residents to explore repayment plans.
You can access a FAQ on this and previous eviction moratoria on our website here, by logging in to your personal WMFHA account.
WMFHA has been working diligently over the last 45 days to educate policy makers on the unintended consequences of broad-brushed moratoria that permit abuse without providing direct opportunities for relief to those directly impacted by COVID-19. By continuing to provide us with your challenges and information about the operations of your multifamily properties, we are able to alert policymakers to the consequences of such a broad order.
Thank you to everyone who has participated in our monthly rent delinquency survey and provided information about behavioral issues in a separate survey. We encourage you to continue sharing your detailed stories of incidents you are having in your communities that impact other residents, the onsite teams, and the overall operations of your multifamily communities.
Keep up the good work!