Can Virginia Renters Be Evicted During the COVID-19 Crisis?
There seems to be a common belief that landlords may not evict residential tenants during the COVID-19 pandemic. Like most beliefs, it’s rooted in truth, but the details may be surprising.
3月16日, 2020, the Virginia Supreme Court made an emergency judicial order in response to COVID-19 that essentially put the brakes on all cases for 21 days. On March 27, the Court extended the order by another 21days. At the present time, all civil matters are continued through April 26, 2020. While the order was made “to protect the health and safety of court employees, 当事人, 律师, judges and the general public” it had the effect of providing a moratorium on evictions. It’s important to note that this does not mean that tenants are not responsible for their ongoing rent. It also does not address late fees or other penalties for late payment.
2万亿美元的救助法案, 被称为冠状病毒援助, 救援, and Economic Security Act (CARES Act), provides a moratorium on evictions and foreclosures from homes with certain federal housing programs or those with federally backed mortgage loans. The moratorium lasts for 120 days beginning on March 27, expiring on June 24. A potential shortcoming of the CARES Act moratorium is that a tenant would not normally know if his/her landlord has a federally backed loan. Examples of a federally backed mortgage are Veterans Affairs (VA) and Federal Housing 政府 (FHA) loans and those mortgages purchased or secured by Fannie Mae or Freddie Mac. Note that this provision only applies to those with federally backed financing or those in federal programs. Also, important to note, the CARES Act only protects against eviction in the short-term. Just as noted under the Virginia Supreme Court emergency order, the CARES Act does not stop rent from accruing, 因此, an eviction will likely follow when the moratorium ends unless the tenant is able to secure funds to pay.
The CARES Act also provides assistance to property owners with federally backed mortgages. To qualify the landlord must assert that he/she is experiencing a financial hardship during the COVID-19 pandemic.
Some people are currently calling for Congress to step in and provide federal assistance for homeowners and tenants alike. While 状态 law generally controls real e状态 matters, there is precedence for the federal government to legislate housing as evidenced in the federal Fair Housing Act, 1968年通过, which protects all people from discrimination when they are renting or buying a home, 申请抵押贷款, 或者寻求住房援助.
Programs to assist those struggling financially due to the COVID-19 pandemic are emerging every day. Several bills addressing evictions have been introduced in Congress. It is reasonable to expect that legislation providing rent relief or moratoriums on evictions may be forthcoming. Anyone struggling to pay rent or mortgage should communicate, 直接或通过律师, with their landlord or mortgage holder.
Provided below are links to some helpful resources.
http://www.congress.gov/bill/116th-congress/senate-bill/3548/text
http://www.pogo.org/analysis/2020/04/amid-pandemic-congress-suspends-evictions-but-not-for-all/
凯瑟琳Byler 是一个澳门十大正规网赌网址 & 十大正规网赌网址 attorney focusing her practice on real e状态, business, guardianships, and e状态 planning matters.