CARES ACT NOTICE UPDATE
HUD CLARIFIES THE "30 DAY NOTICE" REQUIREMENT
AND IT STILL MAY IMPACT YOU
HUD has advised IN WRITING that “COVERED PROPERTIES” under the Federal CARES ACT must STILL use a 30 Day Notice for Nonpayment of Rent prior to an eviction rather than the 3 Day Notice for Nonpayment of Rent.
After over a year of confusion and ambiguity, HUD finally put in writing directives that the 30 Day Notice must STILL be used for nonpayment cases IF CARES ACT COVERED.
If you are a “CARES ACT COVERED PROPERTY” and already served a 3 Day Notice, you will need to serve a 30 Day Notice before we can file your nonpayment eviction.
YOU ARE “COVERED” if you fall under the following categories:
HUD - Fannie Mae - Freddie Mac - FHA - VA - Section 8 - Housing Choice Voucher (HCV) Program - The Rural Housing Voucher Program - The Violence Against Women Act of 1994 - Section 202 Supportive Housing for the Elderly Program Section - 811 Housing for Persons with Disabilities - Low Income Housing Tax Credit (LIHTC) - Program Housing Opportunities for Persons With AIDS (HOPWA) - McKinney-Vento Homelessness Assistance Programs Section 236 properties - Any loan that is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association - Any loan (other than temporary financing such as a construction loan) that is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of five or more families that are made, insured, guaranteed or assisted in any way by any officer or agency of the Federal Government.