COVID-19

 COVID-19

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CLARK BARS UPDATE - MARCH 19TH 2020

Clark & Walker, P.C. - Attorneys at Law

IMPORTANT EVICTION UPDATE for Coronavirus Disease 2019 (COVID-19)
By: Christopher R. Walker

IMPORTANT EVICTION UPDATE
Date: March 19, 2020

As announced by the Trump Administration on March 18. 2020, the U.S. Department of Housing and Urban Development (HUD) has implemented an immediate moratorium on all foreclosures and evictions for single-family homeowners with FHA-insured mortgages for the next 60 days. This announcement falls in line with the Federal Housing Finance Agency’s (FHFA) directive to Fannie Mae and Freddie Mac (the Enterprises) to suspend foreclosures and evictions for at least 60 days for homeowners with an Enterprise-backed single-family mortgage.

HUD is actively encouraging public housing authorities (PHAs) and rental housing providers who serve rent assisted (Housing Choice Voucher (including Project-Based Voucher (PBV)), public housing and Indian Housing Block Grant (IHBG)) residents to stay evictions during the COVID-19 pandemic.

Some PHAs have gone so far as to issue eviction moratoriums for housing that falls under their jurisdiction. This City of Phoenix is the only PHA in Arizona to announce a plan to stay all financial based evictions.

Following the Trump Administration’s announcement there were several reports that evictions nationwide have been halted. This information is inaccurate. The stay on evictions relates only to FHA insured mortgages. The stay on evictions imposed by HUD is not applicable to market properties and is not mandatory on PHA’s or communities with Section 8 Vouchers. Landlords with communities that are not subject to an FHA insured mortgage are free to conduct business as they deem prudent. There has been no moratorium on evictions announced by either the courts or our state officials.

Clients are encouraged to continue to submit eviction requests to our office as usual. The Firm will continue to work to obtain the earliest court date available.

Any person who has questions about a proper protocol or who needs additional assistance is strongly encouraged to contact legal counsel at any time.