Congress Considers Bill To End Cares Act Eviction Notice Requirement

A Guest Blog Post

The U.S. Congress is currently deliberating a bill that seeks to eliminate a lingering provision from the 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Respect State Housing Laws Act, introduced by Rep. Barry Loudermilk (R-GA), aims to repeal the federal requirement mandating landlords to provide tenants with a 30-day notice before initiating eviction proceedings.

Originally enacted as part of a broader eviction moratorium designed to protect tenants during the COVID-19 pandemic, the 30-day notice provision was intended as a temporary measure. However, due to a legislative drafting error, this requirement remained in effect even after the broader eviction moratorium expired on July 25, 2020. While some state courts ruled that the provision was no longer enforceable, others continued to uphold it, leading to inconsistent application and legal uncertainty.

Addressing Federal Overreach

Supporters of the bill argue that housing policy should be governed at the state level, as it was before the pandemic. Rep. Loudermilk contends that continued federal intervention in eviction proceedings has placed undue financial strain on property owners, particularly small-scale landlords who rely on rental income for their livelihoods.

“This federal overreach in the eviction process has caused immeasurable suffering for veterans, retirees, and families who depend on rental income to make ends meet,” Loudermilk stated. “This bill is a critical step in easing that burden by simply removing the federal government from the equation and returning housing policies back to the states.”

Industry Support for Change

The push to end the lingering CARES Act eviction provision has received strong backing from housing industry groups. A coalition of housing associations recently urged Congress to act, emphasizing that prolonged federal interference has compounded financial and operational difficulties for housing providers.

Robert Pinnegar, president and CEO of the National Apartment Association, stressed the financial burden imposed by the provision, stating, “Unnecessary and duplicative federal intrusion into complex state and local law amplifies the financial and operational challenges housing providers across our country continue to face. With 93 cents of each rent dollar paying the bills that keep rental housing operational, prolonged disturbances to standard operating procedures have major implications.”

Sharon Wilson Geno, president of the National Multifamily Housing Council, echoed similar concerns, noting that housing providers and residents have struggled to adapt to pandemic- related challenges and that continued federal intervention has only exacerbated these difficulties.

Potential Implications

If passed, the Respect State Housing Laws Act would officially remove the federal 30-day notice requirement, allowing states to determine their own eviction procedures. This change could streamline eviction processes and provide greater clarity for both landlords and tenants.

Critics of the bill argue that the federal provision offers a crucial layer of tenant protection, especially in states with less robust renter safeguards. However, proponents maintain that state governments are better equipped to handle eviction regulations in accordance with their specific housing markets and economic conditions.

As Congress debates the bill, stakeholders on both sides of the issue will closely monitor its progress. The outcome will have significant implications for rental housing policy, property owners, and tenants alike.For landlords and tenants seeking legal guidance on eviction regulations, consulting with an experienced real estate attorney is advisable. Understanding state-specific laws and rights remains crucial as legislative changes unfold.