NAA Provides Preliminary Guidance on CDC Eviction Order
An important update from the National Apartment Association's CEO Robert Pinnegar:
The National Apartment Association (NAA), in partnership with the Texas Apartment Association (TAA), has prepared preliminary guidance and FAQs that housing providers throughout the country can use to better understand their rights and responsibilities under the Centers for Disease and Control’s (CDC) eviction order, which is expected to go into effect tomorrow, September 4, and bars evictions through December 31, 2020.
This guidance is not intended to be state specific and should be used in conjunction with advice from local legal counsel to interpret these requirements in light of existing federal, state and local eviction laws.
The guidance and FAQs include information about:
- The types of evictions limited under the Order, and what rental properties, owners and companies it applies to;
- Which residents are covered under the Order, and what they are required to do to be covered;
- Which evictions are allowed under the Order;
- How the Order impacts property operations like fees, late charges, and notices; and
- How the Order impacts other state or local requirements related to evictions.
The Order does NOT eliminate the resident’s obligations under the lease, and housing providers may charge late fees or other penalties for nonpayment of rent.
There still remain a number of unanswered questions about the Order and how it will be implemented; this is an evolving situation and we encourage members to stay tuned for updated information as it becomes available. Members should consult local legal counsel for additional guidance and follow all applicable federal, state and local laws. NAA is proud of the flexibility and adaptability of our members and encourages continued work with residents to avoid evictions where possible.
To help unpack the order, NAA and TAA are sponsoring a free 75-minute webinar, "Understanding the CDC Eviction Moratorium," on Thursday, September 10 at 2 p.m. CDT. The webinar features NAA Senior Vice President, Government Affairs Greg Brown, NAA Vice President, Legal Affairs and Counsel Scot Haislip, NAA Senior Staff Attorney Ayiesha Beverly, NAA Director of Public Policy Nicole Upano, TAA General Counsel Sandy Hoy and Hoover Slovacek Equity Partner Howard Bookstaff, who will provide the latest updates on the CDC Order. Reserve your space now.
Look for more information after Labor Day about NAA’s latest advocacy efforts to urge Congress and the Administration to return to the negotiating table and appropriate sufficient emergency rental assistance to fill the gap created in thousands of rental housing communities around the nation.
At the same time, we understand and share your concerns about how this new Order will impact your business. If you have examples of how you’ve been affected by past orders, please reach out to CV19questions@naahq.org and share your experience. Your stories are invaluable in our advocacy and media efforts. Please utilize the same email address for any questions about the CDC Order or COVID-19 in general.
Stay safe and well,
Robert Pinnegar, CAE
President and CEO