On February 6, 2025, lawmakers in the House and Senate reintroduced the Respect State Housing Laws Act, (S. 470/H.R. 1078) federal legislation that would end the CARES Act notice to vacate requirement. The bill was reintroduced by Representatives Barry Loudermilk (R-Ga.-11) and Vicente Gonzalez (D-Texas-34) and Senators Bill Hagerty (R-Tenn.) and Cindy Hyde-Smith (R-Miss.). The National Apartment Association (NAA), working alongside partners from across the rental housing industry, collaborated with lawmakers to secure the introduction of this important bill in the 119th Congress.
In a joint statement, NAA and the National Multifamily Housing Council (NMHC) applauded the bill’s reintroduction. “Nearly five years after being enacted, and contrary to Congressional intent, the temporary federal CARES Act’s Notice to Vacate requirement remains in place,” the statement said. “Though evictions are a measure of last resort, this necessary legal process is thoroughly regulated at the state and local levels, and the federal government’s intrusion continues to cause confusion and operational challenges for housing providers and renters that are not without consequence. This prolonged disturbance to operations ultimately harms housing affordability and availability, as 93 cents of each rent dollar pays the expenses that keep communities running.”
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, contrary to Congressional intent. It remains a disputed issue in courts today.
Last Congress, NAA worked with industry partners and with lawmakers to introduce a companion bill in the Senate and pass the legislation out of the Financial Services Committee in the House.
The Respect State Housing Laws Act is a top priority bill for the NAA in the 119th Congress. Our advocacy will continue to ensure it crosses the finish line.