Congress passed the CARES Act in 2020 in response to the COVID-19 pandemic, part of
which includes protections for tenants in federally subsidized housing. See CARES Act, Pub. L.
No. 116-136, 134 Stat. 281 (2020). 15 U.S.C. § 9058(a)(2) provides protection for tenants facing
eviction who reside in dwellings in a “covered property.” The term “covered property” is
defined as any property that “participates in a covered housing program.” 15 U.S.C.
§ 9058(a)(2)(A)(i). One of the covered housing programs is the low-income housing tax credit
program in which Pendleton Place participates. 34 U.S.C. § 12491(a)(3)(J).
15 U.S.C. § 9058(b) is titled “Moratorium” and states:
During the 120-day period beginning on March 27, 2020, the lessor of a covered
dwelling may not (1) make, or cause to be made, any filing with the court of
jurisdiction to initiate a legal action to recover possession of the covered dwelling
from the tenant for nonpayment of rent or other fees or charges; or (2) charge fees,
penalties, or other charges to the tenant related to such nonpayment of rent.
(Emphasis added.)
15 U.S.C. § 9058(c) is titled “Notice” and states:
The lessor of a covered dwelling unit (1) may not require the tenant to vacate the
covered dwelling unit before the date that is 30 days after the date on which the
lessor provides the tenant with a notice to vacate; and (2) may not issue a notice to
vacate under paragraph (1) until after the expiration of the period described in
subsection (b).
(Emphasis added.)
Pendleton Place does not dispute that 15 U.S.C. § 9058 applies to its housing facility.
Federal laws that provide additional protections for tenants beyond the requirements of state law