Supreme Court Issues Ruling on CDC Eviction Moratorium
On August 26, the US Supreme Court issued their decision regarding the Centers for Disease Control and Prevention (CDC) eviction moratorium rendering the CDC order unenforceable and stating that Congress must act to impose a federal eviction moratorium.
With this decision, many renters who took part in the CDC order’s protections may become subject to eviction for nonpayment of rent. However, renters who may be faced with eviction from a Fannie Mae property are still entitled to be given 30 days’ notice to vacate by landlords as required in the CARES Act.
Fannie Mae expects that Borrowers will comply with all applicable laws, including eviction protections under the CARES Act and that may be in place at the state or local level. Fannie Mae recommends that Lenders and Borrowers work with their counsel to understand all applicable statutes and how they apply to their portfolio.
In addition, Fannie Mae encourages that all lines of available Emergency Rental Assistance be exhausted before any eviction proceedings begin.
Continued Availability of Emergency Rental Assistance
Resources are still available through federal Emergency Rental Assistance and Borrowers are encouraged to pursue and exhaust all lines of available assistance. Consumer Financial Protection Bureau (CFPB) resources include tools to help renters and landlords and can help Borrowers as they seek to understand the rules and resources available in their jurisdiction.
The CFPB’s Rental Assistance Finder provides links to local programs offering assistance for both renters and landlords. This site also includes information to help renters and landlords navigate any financial hardships that they may be facing related to the pandemic.
We expect that Lenders will work with their counsel to comply with these laws and respond to any reports of potential non-compliance.
Our Renters Resource webpage provides options for relief, information on our Renters Resource Finder tool, and access to Disaster Response Network counselors who can guide renters toward even more resources.
We will continue to share information as it is made available and encourage you to reach out with any questions.