At least one federal executive agency agrees with a limited reading of § 9058(c).
The Rural Housing Service of the United States Department of Agriculture (USDA)
issued a final rule amending its program on housing loans and grants to require recipients
to provide tenants with 30 days’ notice prior to an “eviction action for nonpayment of
rent, as statutorily required by the” CARES Act. 7 C.F.R. § 3560. The rule explains
“[t]he requirement to provide 30 days’ notice prior to eviction for nonpayment of rent is
statutory and has been in effect since the enactment of the CARES Act on March 27,
2020.” Id. The final rule’s 30-day notification requirement for failure to pay rent “is
consistent with this requirement of the CARES Act, where ‘The lessor of a covered
dwelling unit [. . .] may not require the tenant to vacate . . . before the date that is 30 days
after the date on which the lessor provides the tenant with a notice to vacate.’” Id. (first
alteration in original) (quoting 15 U.S.C. § 9058(c)(1)). The USDA’s housing division
interpreted subsection (c)’s 30-day notice provision as applying to evictions for
defaulting on rent. We afford an agency interpretation deference, provided it aligns with
the plain language of the statute. Port of Seattle v. Pollution Control Hr’gs Bd., 151
11
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Hous. Auth. v. Knight, No. 102905-5
Wn.2d 568, 612, 90 P.3d 659 (2004). As discussed above, the USDA’s interpretation
aligns with the plain language of 15 U.S.C. § 9058(c).
In support of his reading, Knight primarily contends that the notice provision is
freestanding and that it effectively extended the moratorium to all evictions during the