Housing Providers Subject to CARES Act Must Provide 30 Day Notice to Vacate

Posted By: Ryan Makinster Advocacy News,

Notice of Recent CARES Act Notice to Vacate Appeals Court Opinion -  

On Monday, December 5 the WA Court of Appeals published their opinion in Sherwood Auburn LLC v. Joel Pinzon and Rosa Mendez. This will require landlords, that are subject to the CARES Act, to modify the state court 14-day notice to pay or vacate to provide 30 days to cure the nonpayment. This new opinion will dispense with the need to issue a separate CARES Act notice.

The CARES Act covers all tenants afforded VAWA rights, tenants in subsidized housing including LIHTC and section 8 Housing Voucher Choice or other Vouchers, and properties with mortgages backed by Fannie Mae or Freddie Mac. See U.S.C. §9058. “Temporary moratorium on eviction filings” for definitions.

There is no direction on how this will affect current actions and notices.  Contact your legal counsel for more information as well as updated notice.

NOTE: As always, these are a general interpretation of the changes adopted and do not constitute legal advice; always consult the appropriate documents and your legal counsel for compliance requirements.