Eviction Moratorium Extended, Treasury Clarifies Emergency Rental Assistance

Regulation | January 20, 2021 | by Linda Couch

On January 20, his first day in office, President Biden extended the CDC’s nationwide eviction moratorium for nonpayment of rent from January 31 until March 31. And, Treasury extended the nationwide eviction moratorium for nonpayment of rent until March 31.

On January 20, his first day in office, President Biden extended the CDC’s nationwide eviction moratorium for nonpayment of rent from January 31 until March 31.

The U.S. Department of the Treasury has also expanded the resources available on its website for the $25 billion Emergency Rental Assistance (ERA) program authorized by the December 27, 2020, COVID-19 relief bill.

On January 19, Treasury posted an ERA “frequently asked questions.” Among the questions answered: “The statute requires that ERA payments not be duplicative of any other federally-funded rental assistance provided to an eligible household. Are tenants of federally subsidized housing, e.g., Low Income Housing Credit, Public Housing, or Indian Housing Block Grant-assisted properties, eligible for ERA?”

The answer, according to Treasury, is that renters in apartments financed by the Low Income Housing Tax Credit program are eligible for the ERA, but that renters of HUD-assisted apartments through programs like public housing, project-based rental assistance, and housing choice vouchers, are not eligible because such households’ rents would be adjusted according to changes in their incomes. “An eligible household that occupies a federally-subsidized residential or mixed-use property may receive ERA assistance, provided that ERA funds are not applied to costs that have been or will be reimbursed under any other federal assistance. If an eligible household receives a monthly federal subsidy (e.g., a Housing Choice Voucher, Public Housing, or Project-Based Rental Assistance) and the tenant rent is adjusted according to changes in income, the renter household may not receive ERA assistance,” the FAQ says.

The ERA FAQ can be found on Treasury’s ERA website.