On February 2, 2023, Rep. Barry Loudermilk (R-GA-11) reintroduced the “Respect State Housing Laws Act" (H.R.802), federal legislation that would end the CARES Act notice to vacate requirement. The National Apartment Association (NAA), working alongside partners from across the rental housing industry, collaborated with Rep. Loudermilk to secure the reintroduction of this important bill.
In a statement endorsing the bill, NAA President and CEO Bob Pinnegar said that "unnecessary and duplicative federal intrusion into complex state and local law amplifies the financial and operational challenges housing providers of all sizes face. With ninety-one cents of each rent dollar paying the bills that keep rental housing operational, prolonged disturbances to standard operating procedures have major implications. On behalf of the nation’s rental housing providers, NAA thanks Rep. Loudermilk for recognizing this adverse impact and again introducing the ‘Respect State Housing Laws Act’ to help restore balance and normalcy to rental housing operations."
Background
In March 2020, Congress passed the CARES Act, legislation that included a temporary 120-day moratorium on evictions and late fees for federally-backed and federally-assisted housing. The moratorium featured what should have been a temporary notice to vacate requirement. Due to a drafting error in the legislation, however, this provision – which intrudes state and local notice periods – has remained in place long past the moratorium’s expiration, and remains a disputed issue in courts today. Read more on the notice to vacate requirement.
For more than three years, rental housing providers have navigated immense operational hurdles and financial challenges, only exacerbated by federal interference into state and local law. The introduction of this bill is a critical step in the right direction, and NAA will steadfastly advocate to ensure it crosses the finish line.
For more information on the Respect State Housing Laws Act, please contact Jodie Applewhite.