Extra--Federal Mortgage Forbearance Eviction Protections

All, please note that, in addition the CDC Order, there is currently in place a moratorium on some evictions for properties with Federal mortgages where the landlord is obtaining mortgage forbearance relief, through September 30, 2021.  The terms of this protection are very similar to the CARES Act: Applicability: Buildings with 5 or more units, and The building has a mortgage backed by Fannie Mae or Freddie Mac (FHFA), the Federal Housing Administration (FHA), the U.S. Department of Agriculture (USDA), or the Veterans Administration (VA) Protections: While landlord is getting mortgage relief they can’t: Evict for unpaid rent or late fees, or Charge late fees or other penalties for paying rent late These protections last for as long as the landlord is getting mortgage forbearance relief. Once that ends, they must give tenant at least 30 days’ notice if they ask tenant to vacate. Additional requirement for 3 federal mortgages: For Fannie Mae or Freddie Mac (FHFA) or the Federal Housing Administration (FHA), the landlord: Must tell tenants about the protections above, and Cannot demand that tenant repay all the rent in one lump sum My recommendation to judges: When inquiring about receiving rental assistance and compliance with those requirements, you also ask whether the LL has participated in a Federal mortgage forbearance program and, if they have, whether they have complied with all the requirements. (Then, if they have, ensure they are not charging late fees for the period they were in forebearance and that, for 3 mortgage types, they have provided 30 days' notice before seeking eviction (we have previously determined they can use a 5 day notice as long as they wait another 25 days before filing).) Please let me know if you have any questions.