COVID-19 (coronavirus) Resource Page

The CARES Act eviction moratorium is long since over. However, the confusion did not end when the moratorium ended.

For unknown reasons, on April 26, 2021, the Department Of Housing and Urban Development (Federal Housing Administration - Office of Multifamily Housing Programs) updated a memorandum and included a provision addressing 30-day notices.

HUD published the following:

Q25: Although the eviction moratorium in the CARES Act expired, is the 30-day notice to vacate requirement still in effect for CARES Act covered properties?

A: Notwithstanding the expiration of the CARES Act eviction moratorium, the CARES Act 30-day notice to vacate requirement for nonpayment of rent, in Section 4024(c)(1), is still in effect for all CARES Act covered properties.
(Added on 4/26/21)

In other words, HUD has directed rental owners to serve 30 day notices any time an owner sends a notice to vacate requirement for non-payment of rent, regardless of what the state law provides. This is HUD's opinion about the federal law, and it is not federal law itself. The memorandum provides: "This document is intended to provide guidance and clarification of HUD’s policies, and does not have the force and effect of law except when based on statutory, regulatory, or other legally binding authority." The agencies' opinion does carry weight. We are not aware of any court that has ruled on the notice provision of the CARES Act.

At this point, rental owners must decide whether or not they want to follow HUD's guidance and use 30-day notices until instructed or otherwise clarified, or if they want to return to or continue using 5 day notices.  We have discussed this issue at length over the last two weeks with AMA attorney members and at this time AMA recommends that the conservative approach is to start serving 30 day notices effective immediately for all residents that live in properties that were previously covered by the CARES Act (federally backed). While it is not yet clear if this is legally required, this is the conservative approach. It will be up to each rental owner as to how they want to proceed. 

While NAA has not published their opinion yet, there is speculation that NAA believes that this HUD memo only applies to properties that participate in HUD programs and not those that merely have federally backed mortgages. We have not seen any written support for, or confirmation of, that yet, but wanted to let our members know.

As we see it, rental owners have the following three options:
1.    Take the approach to serve 30 day notices for non-payment of rent on all CARES Act covered properties; 
2.    Take the approach that 30-day notices are only required for HUD properties (properties that participate in federal programs);
3.    Take the approach that HUD does not have the authority and proceed with 5 day notices, or that 5 day notices are permitted, but that the person cannot be removed before 30 days from the date of the notice.

Our suggestion is to take the most conservative approach (#1). Until we get direction as to this issue from the Arizona courts, HUD  or the federal legislature, the only way to be safe is to start using 30 day notices for all CARES Act covered properties. We suggest if you have any notices that are outstanding and have not been filed with the court, serve a new 30-day notice and do not yet file your eviction with the court. 

Please note that we do understand the confusion this is likely causing as well as frustration regarding HUD's guidance. Like many things this year, this has been incredibly difficult navigating these ever-changing issues. 

Also, as stated before, we strongly suggest all rental owners who claim that they are not covered by the CARES Act, get letters from their lender affirming that the property is not covered by the CARES Act and does not have a federally backed mortgage, especially if your property is listed on one of the websites as having a federally backed loan. 

Finally, please remember that this issue only applies to those properties that were affected by CARES Act, not all properties. This would only apply to properties with federally backed mortgages and those that participate in certain federal programs during the CARES Act moratorium (March 27, 2020 - July 25, 2020).

IF YOU DO NOT KNOW IF YOU WERE COVERED BY THE CARES ACT, CONTACT YOUR LENDER.

READ THE HUD MEMORANDUM HERE. (go to question 25 on Page 18) 

Assistance available statewide

DES Emergency Rental Assistance Program (ERAP)

Renters and owners / managers in Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Mohave, Navajo, Pinal, Santa Cruz, Yavapai counties are able to apply for the Emergency Rental Assistance Program (ERAP) using the online ERAP portal. Applications will be accepted through the program’s expiration on December 31, 2021 or until funding is exhausted. Visit the DES ERAP webpage to learn more about the application process.

Assistance available to residents in Maricopa County:

NOW OPEN - City of Gilbert/Chandler Crisis Assistance Programs - ASCEND is accepting applications for residents of Chandler/Gilbert on their online website and in person for processing. Please visit https://azcend.org/community-action-program/ for more information.

NOW OPEN - City of Glendale Crisis Assistance Programs - The Glendale Community Action Program administers financial assistance programs for people that are experiencing a temporary crisis resulting in a loss of income or increased expenses making it difficult to meet basic needs. Assistance is available for Rent/Mortgage Assistance, Utility Assistance, and Homeless Assistance. Visit the City of Glendale website to learn more.

NOW OPEN - City of Mesa Emergency Rental and Utility Assistance Program - The City of Mesa Rental and Utility Assistance Program provides financial assistance to households financially impacted by COVID for rent and utility assistance to prevent eviction and homelessness. Visit the City of Mesa website to learn more.

NOW OPEN - City of Phoenix Emergency Rental Assistance (ERA) Program - Rent, utility, and water assistance will be available to residents in the City of Phoenix residents. Visit the City of Phoenix website for more information.

NOW OPEN – City of Phoenix Emergency Rental Assistance through Wildfire – Rent, Utility and water assistance available to residents in the City of Phoenix on-line application is now open. 

NOW OPEN - Maricopa County Emergency Rental Assistance Program - Households financially impacted by COVID or unemployment may be eligible for rental and utility assistance through this program. Households will be able to apply through Human Services Department’s client portal or their local Community Action Program office. Please check back in mid-March to learn about eligibility criteria and the application process.

Assistance available to residents in Pima County

NOW OPEN - Tucson and Pima County Eviction Prevention/Emergency Rent and Utility Relief Program - In an effort to provide the most efficient and effective process, Pima County has partnered with the Community Investment Corporation (CIC) to administer funding. CIC will be working directly with local social service agencies to qualify renters and owners / managers for this program. Visit the Tucson and Pima County website for more information.

Assistance available to residents in Yuma County

 NOW OPEN - WACOG is accepting applications for residents of Yuma County through their online website and in person for processing. Please visit https://www.wacog.com/ycerap/ for more information. 

3.23.21 | AZ To Open Up Vaccine Eligibility To All Residents Over 12

Governor Doug Ducey announced Monday that Arizona will be opening COVID-19 vaccine eligibility to all residents 12 and older starting Wednesday, March 24. Registration for state-run vaccination sites in Maricopa, Pima, and Yuma counties will be open at 8 a.m. Wednesday. Registration can be done online here.

Learn More

3.1.21 | AZ Opens Up Vaccine to People 55 and Over:

Governor Doug Ducey and the Arizona Department of Health Services (ADHS) announced March 1 a new hybrid approach that provides Arizonans 55 and older eligibility along with frontline essential workers to receive the COVID-19 vaccine. The new approach launched March 1 in the Phoenix Metro Area.

Learn More

Individual Vaccination Portal Registration & Instructions:
Click here to share this information with your employees to register directly for vaccinations.  Employees who are 65 or older or those with underlying health conditions might be eligible for vaccinations sooner than Phase 1B essential employees. 

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