HOUSING

• I have used best efforts to obtain all available government assistance for rent or housing;

• I either expect to earn no more than $99,000 in annual income for Calendar Year 2021 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2020 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;

• I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, layoffs, or extraordinary out-of-pocket medical expenses;

• I am using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;

• If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.

• I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not payment rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.

• I further understand that at the end of this temporary halt on evictions on March 31, 2021, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws.

The state of Arizona and many cities and counties have made financial assistance available to renters struggling to pay their rent due to COVID-19. 

The Arizona Department of Housing maintains a list of statewide rental assistance programs on their website: https://housing.az.gov/general-public/rental-assistance-resources-eviction-prevention. 

Renters can apply online for rent payment assistance from the Arizona Department of Housing at https://housing.az.gov/general-public/eviction-prevention-assistance.

Those without computer access may call their local Community Action Agency to start an application over the telephone.

Other COVID-19 related help and resources may be found on Arizona Together.

The Center for Disease Control & Prevention (CDC) issued an Order in September 2020 to temporarily delay eviction to prevent the spread of COVID-19. The Order was recently extended and is set to expire March 31, 2021.

The order requires tenant to provide a signed declaration to the property owner or manager. 

Next steps:

• Read the CDC Order and Declaration form. Be sure that all requirements apply to you and your household. 
• Have each adult in the household sign the Declaration form. Sample forms are available in English and Spanish. 
• Make several copies of each signed form. 
• Mail or hand-deliver the Declaration form as soon as you are late paying your rent but especially after you have received a notice of non-payment from your landlord or if your landlord has filed for eviction.
• Keep a record of the date you provided the landlord with your signed Declaration.
• If you received an eviction notice or summons and complaint for an eviction from the court, provide a copy of the signed Declaration to the Court or Judge.

• proof of application for rental assistance from a government or nonprofit agency. This might include a screen shot of the submitted application, email confirmation from the agency, or details of the date and time the application was submitted.
• documents about a change in income such as pay stubs, notice from an employer of decreased hours or wages, proof of application for unemployment benefits, and/or receipts or bills for extraordinary out-of-pocket medical expenses.
• record of attempts to make or receipts from partial payments for current or past rent owed.

After getting a judgment against a tenant, the landlord can go back to the court after five days to get a writ of restitution. If the eviction action was filed on an immediate or irreparable breach, the landlord can obtain the writ of restitution the day after the landlord gets a judgment. Writs of restitution are executed (served on a tenant or the rental unit) by a constable or sheriff. Tenants should give their landlord or property manager the CDC Declaration Form as soon as possible in the eviction process and before the constable or sheriff arrives at their home to lock them out.

For more information about eviction and to find help, visit AZEvictionHelp.

If a tenant provides the Tenant COVID-19 Notice and documentation to their landlord and the constable/sheriff comes to the property, give a copy of the Notice and documentation to the constable/sheriff. If the constable/sheriff still intends to lock the tenant out of the property, they may want to contact an attorney right away.

To contact free legal help in your community:

Community Legal Services - https://clsaz.org/office-locations/

• Areas Served
  • La Paz County
  • Maricopa County
  • Mohave County
  • Yavapai County
  • Yuma County

DNA People's Legal Services - https://dnalegalservices.org/

• Areas Served
  • Coconino County
  • Navajo Nation

Southern Arizona Legal Aid - https://www.sazlegalaid.org/services/

• Areas Served
  • Apache County (non-Navajo Nation)
  • Cochise
  • Gila
  • Graham
  • Greenlee
  • Navajo (non-Navajo Nation)
  • Pima
  • Pinal
  • Santa Cruz

Yes. Tenants are still responsible for all monthly payments of rent for as long as they reside in the property. It is important for tenants to document each date they paid or tried to pay their rent. If rent is refused by the landlord/property manager, tenants should save the rent for future payment for as long as they remain in the unit. If the landlord obtained a judgment against a tenant, the judgement is not waived, and any late fees and other charges may continue to accrue while the tenant and their family reside in the property.

For more information about eviction and to find help, visit AZEvictionHelp.

Any homeowner who can’t pay their mortgage because of COVID-19 should contact their mortgage servicer right away. The mortgage servicer’s contact information can usually be found on the monthly mortgage statement or coupon book. If a homeowner can’t find their mortgage servicer’s contact information or isn’t sure who their mortgage servicer is, the Consumer Financial Protection Bureau provides helpful tips here: https://www.consumerfinance.gov/ask-cfpb/how-can-i-tell-who-owns-my-mortgage-en-214.

Save Our Home AZ  is a program to help Arizona homeowners avoid foreclosure by making their mortgage payments more affordable – through Principal Reduction Assistance, Monthly Mortgage Subsidy Assistance for underemployed and unemployed Arizonans, and Second Lien Elimination Assistance to qualified Arizona homeowners.

Visit consumerfinance.gov for up-to-date information on relief options, protections, and key deadlines for housing assistance. 

It depends. If a homeowner’s mortgage is backed by the federal government, the homeowner’s mortgage servicer won’t be allowed to begin a foreclosure action against them until at least June 30, 2021. This foreclosure “freeze” applies to mortgages backed by:

• Fannie Mae
• Freddie Mac
• U.S. Dept. of Veterans Affairs (VA)
• U.S. Dept. of Agriculture (USDA)
• U.S. Dept. of Housing and Urban Development (HUD), including the Federal Housing Administration (FHA)

If a homeowner doesn’t know whether their mortgage is “federally backed,” they should ask their mortgage servicer.

If a homeowner’s mortgage is not backed by the federal government, this foreclosure freeze does not apply. However, many private mortgage servicers are providing similar relief to homeowners, so every homeowner who can’t pay their mortgage because of COVID-19 may wish to contact their mortgage servicer to ask what the homeowner’s options are.

Visit consumerfinance.gov for up-to-date information on relief options, protections, and key deadlines for housing assistance. 

No. Landlords must comply with Arizona law, regardless of the COVID-19 pandemic. If a tenant’s air conditioning is not working, the tenant must notify the landlord (ideally, in writing). Once the tenant has notified the landlord, the landlord must make the required repairs as soon as possible. The landlord is legally required to fix the tenant’s air conditioning regardless of whether the tenant has paid their rent.

If the landlord knows the tenant has tested positive for COVID-19, it is up to the landlord to make the required repairs in a way that protects everyone’s health and safety. For example, the landlord may insist that a tenant who has tested positive for COVID-19 (and everyone else in the tenant’s household) be wearing a mask and remain in another closed room while the repairs are being made. Both the landlord and the tenant may also insist that the person making the repairs wear personal protective equipment (PPE), such as a mask and gloves. That way, the repairs can be made without putting anyone’s health and safety at risk.