Some states and local governments also implemented new or extended eviction moratoriums and other tenant relief measures. We’ll discuss the current state of the eviction moratorium and renter protections, updates on the COVID-19 Relief Bill just passed by the House of Representatives, President Biden’s plans to help struggling tenants, and steps you can take to protect your interests as a renter. On September 28, 2020, in recognition that Covid-19 hardships were still continuing, Governor Brown issued Executive Order 20-56 which extended the Emergency Period and corresponding prohibition on no-cause and nonpayment residential evictions to December 31, 2020. The moratorium is in place from September 4, 2020 to March 31, 2021. There may be a way to defend yourself against removal, but attending the hearing will at least get you a court date. (HB 4213), [7]Emergency Period Extended to December 31, 2020 by Executive Order 20-56; confirmed in HB 4401 Section 8 (Amendment to Section 3, Chapter 13, Oregon Laws 2020 (first special session )(Enrolled House Bill 4213)). You can still move forward with an eviction action for nonpayment of rent even if you have received a Declaration, or another similar type of notice from the tenant. It may be submitted to the landlord at any time, up to and including the first appearance in an action to recover possession. A copy of the tenants’ Hardship Declaration Forms; A description of the unpaid rent for all current tenants; An agreement to forgive the remaining 20% of unpaid rent for  tenants accrued between April 1, 2020 and the date of the application; An agreement that, should the landlord receive from the tenant, or on the tenant’s behalf, any portion of the unpaid rent (forgiven or paid through the distribution) within a certain window specified by OHCS, that they will repay OHCS;; An agreement that the landlord is not seeking reimbursement for rents due from immediate family members; An agreement that while the application for reimbursement is pending, the Landlord will not terminate. [12]For summons language: see ORS 105.113 (as amended by HB 4401 Section 13); for complaint form: ORS 105.124 (as amended by HB 4401 Section 15), © 2011-2020 Manufactured Housing Communities of Oregon (MHCO), MHCO Information Security Policy (2018-20), New Landlord Tenant Laws for 2021 - New Forms- Extension of Non Payment of Rent Moratorium - Summary of House  Bill 4401. If you are facing eviction because you cannot pay the rent, you must take action in order to get protection under the CDC’s eviction moratorium! The additional renter assistance is folded into President Biden’s American Rescue Plan, which passed the House just yesterday, February 27, and goes to the Senate in the days to come. The bill also made a few additional changes to Oregon Landlord-Tenant statutes which will be addressed below, For summons language: see ORS 105.113 (as amended by HB 4401 Section 13); for complaint form: ORS 105.124 (as amended by HB 4401 Section 15), MHCO | Manufactured Housing Communities of Oregon, MHCO Form 111 Notice of Eviction Protection, MHCO Form 42 Notice of Eviction (Under HB4401 Rules), MHCO Form 82 RV Non Payment of Rent Eviction (Under HB4401 Rules), MHCO Form 85 Non Payment of Rent Eviction (week to week) RVs (Under HB4401 Rules). Landlord’s violation of the above rules will also give the tenant a defense to an eviction. The law is complex and changes often. [2]“Landlord,” for the purposes HB 4401, includes a manufactured dwelling park nonprofit cooperative. The 72-hour nonpayment of rent notice under ORS 90.394 is now a 10-day notice ending at 11:59 pm. The federal eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) remains in effect through March 31, 2021, despite the Federal District Court of Eastern Texas ruling in Terkel v.Terkel v. Most moratoriums prohibit one or more of the following eviction procedures: The main takeaway is that many U.S. tenants are protected against eviction for nonpayment of rent through at least March 31, although additional federal relief could be in the works. That they promptly dismissed the action upon learning of the existence of the completed forms. June 30, 2021 If you are unable to pay your rent, give the attached declaration form to your landlord as soon as possible. Afteratenantdeliversacopyofthe Hardship Declarationto the Landlord,the. Only the following landlord evictions are permitted during either of these two periods: Evictions for violation of a rental agreement, other than non-payment may continue; Evictions for nonpayment occurring before April 1, 2020 may also continue; Demolition or converting dwelling unit to non-residential use; Intent to make repairs/renovations to the dwelling unit within a reasonable time, and the building is unsafe/unfit or occupancy or will be unsafe/unfit for occupancy during the repair/renovation period; Landlord intends for immediate family member to occupy dwelling unit as a primary residence and no comparable units at the same location are available; or. These changes expire July 1, 2021. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. If you believe you are eligible for the moratorium and have already received an eviction notice, you should file a declaration form with the court where your case has been filed. Currently you have JavaScript disabled. HB 4213, which was the product of 2020’s First Special Session. As we move through the COVID-19 crisis MHCO will likely be updating and revising these forms - please use the forms on the MHCO web site for the most current. The application and related forms will be available in English, and translated for non-English speakers as well. In no particular order, here are some questions about HB 4401 that are sure to arise: Ø Tenants do benefit by their cooperation, since when the moratorium is extended, they are not at risk of any eviction action until after July 1, 2021. Landlords,[2]or their designees, must apply to OHCS to qualify for distributions for tenants who: OHCS will develop an online application system to handle reimbursement requests. Washington Governor Jay Inslee extended Washington’s eviction moratorium to March 31, 2021, also making adjustments to provide additional assistance to landlords and property owners. Of course, seller/landlord could always make financial arrangements with tenant for concessions. In California, Governor Gavin Newsom hopes to extend the state’s eviction moratorium beyond March 31 to June 30, with a vote scheduled for Thursday, January 28. Landlords should be eligible to apply more than once, state funds allowing, if unpaid rents and fees continue to accumulate after the first application and distribution. Challenge the accuracy of a tenant’s Hardship Declaration in an eviction proceeding; Require additional information beyond what is required by the Hardship Declaration Form; Demand more than one copy of the Hardship Declaration per household or tenancy; Prohibit the tenant from submitting a Hardship Declaration in a language other than English if the tenant is using an approved translated form from the courts; Prohibit the tenant from submitting the Hardship Declaration to the landlord in any manner, format or means available, including but not limited to, a photograph of the document submitted by email or text message. Landlord application. The Center for Disease Control and Prevention (CDC) has extended (in an order signed on January 29, 2021) the residential eviction ban put in place under its Agency Order titled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (Order) until at least March 31, 2021. • extending the foreclosure and eviction moratorium to June 30, 2021, and the deadline for the first legal action and the Reasonable Diligence Time Frame to 180 days; • extending the COVID-19 Forbearance start date and HECM President Biden had the CDC extend the federal moratorium through March 31 right after his inauguration on January 20. The more immediate concerns, at least for tenants, include greater protections against eviction and additional rent assistance. Because the success of the bill still requires the Oregon Legislature to put some money where its, This bill was passed December 21, 2020, and signed by the Governor on December 23, 2020. The 25 percent can take the form of a 25 percent of monthly rent paid each month; or a lump sum payment by June 30, 2021 that brings the total paid Make sure you read up on what your options are. Eviction orders, judgments, and writs of execution, New York Governor Andrew Cuomo signed an executive order extending, Governor Gavin Newsom signed legislation last January to extend. Actually, they had to deal also with. Since then, it’s had an impact on both renters and landlords. Keep a copy for yourself and some proof of how it was delivered. Renters must opt-in for protections under the moratorium. Under the terms of HB 4401 the provisions related to the eviction moratorium will automatically repeal on July 1, 2021. Household income from 2020 or monthly income at the time of application will be considered when determining eligibility (subject to recertification every three months). It accomplished two major objectives[1]: 1) Directing the Oregon Housing and Community Services Department to implement a program for direct aid to landlords reimbursing a percentage of outstanding rents; and. Seller/landlord would have to have a pre-arranged buyer who was willing to buy without inspections, etc., or a tenant who was willing to permit the same with 24-hour notice. As with past moratoriums, the current extension to March 31 protects tenants from eviction for nonpayment of rent only. OHCS will develop an online application system to handle reimbursement requests. What does this mean for the landlord or property manager? by Nigel Duara January 28, 2021 Updated January 29, 2021. The Landlord distribution program provisions are set to automatically repeal on January 2, 2023. Any violation of the above rules may result in the tenant being granted an injunction to recover possession or address any other violations, and the award of the equivalent of three-months rent on top of any actual damages. Because the success of the bill still requires the Oregon Legislature to put some money where its mouthlegislation is – the program must still be funded, and HB 4401 did nothing to address that issue. For complete access to forms, conference presentations, community updates and MHCO columns, log in to your account or register. If you’re already protected by the federal eviction moratorium, then you should already have been doing this. If there is an eviction filed against you in court, you should file this form with the court where the eviction is filed. CENTERS FOR DISEASE CONTROL AND PREVENTION DEPARTMENT OF Health Details: centers for disease control and prevention department of health and human services order under section 361 of the public health service act (42 u.s.c. However, if an extension was all the legislators sought to accomplish, they exceeded their own stated expectations. The federal moratorium that ended at midnight on January 1, 2021 was immediately extended to January 31. [11]Amendments to 90.394 (2)(a) and (b). Why? You can still be evicted for some reasons other than nonpayment of rent. The 144-hour nonpayment of rent notice is now a 13-day notice ending at 11:59 pm. HB 4401 authorizes the Oregon Housing and Community Services Department (“OHCS”) to pay residential landlords 80% of unpaid rents due after April 1, 2020 and up to the date of the application, for certain qualified tenants. Landlord’s violation of the above rules will also give the tenant a defense to an eviction. Unfortunately, what occurs when (a) drafters are rushed, and (b) their work product is not subject to any review or amendment, as was the case with HB 4401, the result is a bill that creates more questions than answers. In response to Covid-19 related financial hardships, the Oregon government passed HB 4213 in mid-2020. Expiration. The expenses of raising the minimum wage and extending the eviction moratorium would largely fall on the private sector, including with small businesses and landlords. You’ll have a difficult time negotiating if you wait until the last minute and they won’t know your intentions if you remain silent. [10]Note: This does not include listing or marketing the home for sale. The latest Eviction Moratorium Extension - Real Estate Housing and Financial Crash 2021. Visit the Coronavirus Legal Center and ask a lawyer today. Applicants must meet all of the following criteria to be eligible for rent assistance: Although the application process will vary by state, relief will be prioritized for households with incomes falling below 50% of AMI and who have at least one member who has been unemployed for more than 90 days.