Eviction - Respect State Housing Laws Act

The federal CARES Act notice remains a contested issue in courts long after the moratorium ended. The federal 30-day notice supersedes many states’ established eviction laws—exceeding required notice procedures and further delaying the start of the eviction court process. In most states, providers are subject to the discretion of different presiding judges as to whether the notice provision is still in effect. Meanwhile, owners and managers face even more lost rent while they wait, leading to more lost, potentially unrecoverable rent for housing providers, while impacted renters become increasingly unable to repay mounting rent debt. This situation is particularly damaging for “mom-and-pop” and affordable housing providers, and ultimately hurts residents’ long-term housing opportunities.

Ninety-three cents of every rent dollar cover necessary operational expenses. Based on an NAA member survey, the average cost of eviction is $6,767, inclusive of legal fees, court fees, lost rental income, turnover costs and marketing costs. Even a small imbalance of income and expenses can upend an apartment community’s financial health, and the economic impacts touch housing providers and residents alike.

If enacted, the Respect State Housing Laws Act would eliminate the 30-day notice requirement for federally-backed and federally-assisted housing, returning the eviction policies back to the states.