HOUSING

Are evictions stopped in Arizona because of the COVID-19 pandemic?
Both Arizona and the U.S. government instituted protections from evictions during the COVID-19 pandemic. In Arizona, an eviction action may still be filed in the court but the enforcement of the eviction may be delayed. The U.S. government passed the CARES Act which stated that landlords/property owners may not file eviction actions or assess fees when rent has not been paid on properties with federally financed mortgages or properties that receive federal subsidies for rental assistance.

Arizona Delayed Enforcement of Eviction Actions
On March 24, 2020 Arizona Governor Ducey issued Executive Order 2020-14 to delay evictions for renters impacted by COVID-19.  The Executive Order was extended, with certain conditions, by Executive Order 2020-49 by Governor Ducey on July 16, 2020. The Executive Order does not stop eviction actions. The Executive Order delays enforcement of eviction actions. This means that a landlord can still go to court to evict a tenant and a court can still grant an eviction order but law enforcement officers, such as a sheriff’s office or constable, must temporarily delay the enforcement of the eviction order from the court if the tenant notifies their landlord of any of the following:

a. The individual is required to be quarantined based on their diagnosis of COVID-19.
b. The individual is ordered by a licensed medical professional to self-quarantine based on their demonstration of symptoms as defined by the Centers for Disease Control and Prevention.
c. The individual is required to be quarantined based on someone in the home being diagnosed with COVID-19.
d. The individual demonstrates that they have a health condition, as defined by the Centers for Disease Control and Prevention, that makes them more at risk for COVID-19 than the average person.
e. The individual suffered a substantial loss of income resulting from COVID-19, including:
  • Job loss;
  • Reduction in compensation;
  • Closure of place of employment;
  • Obligation to be absent from work to care for a home-bound school-age child; or
  • Other pertinent circumstances
Before August 21, 2020 tenants must notify their landlord of their COVID-related circumstances and provide documentation available to them demonstrating the COVID-related circumstances. Community Legal Services created sample forms available in English and Spanish and Tips for Tenants factsheet here: https://clsaz.org/covid-19/. 

Per Executive Order 2020-49:
After August 21, 2020, a tenant, lessee or resident is entitled to the delay in the enforcement of a writ of restitution for residential premises outlined above provided they demonstrate the following:
  • They have notified the landlord or property owner in writing with supporting documentation of their ongoing financial hardship as outlined in paragraph 1 as a result of COVID-19 and request for a payment plan; and
  • They have provided the landlord or property owner a copy, with any available supporting documentation, of proof of submission of their completed pending application for rental assistance through a state, city, county or nonprofit program.
For information about available rental assistance programs, visit: https://housing.az.gov/general-public/eviction-prevention-assistance. 

For a sample payment plan agreement, visit: https://clsaz.org/covid-19/

For more information about Governor Ducey's Executive Order on eviction action and guidance issued for landlords and renters, see:
https://azgovernor.gov/sites/default/files/executive_order_2020-49-_what_you_need_to_know_1.pdf.

CARES Act – Eviction Filings & Fees
* EXPIRED JULY 25, 2020 *
On March 27, 2020 Congress passed and the President signed into law the Coronavirus Aid, Relief, and Economic Stability (CARES) Act. Among the many provisions, the Act provided moratorium on eviction filings for properties financed by certain federal loan programs, including Fannie Mae and Freddie Mac. The CARES Act went into effect immediately and expired July 25, 2020. The CARES Act stated:

§ 4024. Temporary moratorium on eviction filings.
. . .
(b) MORATORIUM.—During the 120-day period beginning on the date of enactment of
this Act, the lessor of a covered dwelling may not—
(1) make, or cause to be made, any filing with the court of jurisdiction to initiate
a legal action to recover possession of the covered dwelling from the
tenant for nonpayment of rent or other fees or charges; or
(2) charge fees, penalties, or other charges to the tenant related to such
nonpayment of rent.

This meant that if the rental property is financed with a federally backed mortgage, the CARES Act stated that legal action for eviction because of non-payment of rent may not be filed. In addition, the tenant may not be charged late fees, penalties or other charges related to the non-payment of rent. The U.S. Department of Housing and Urban Development (HUD) has offered guidance on the application of this Act, making clear that actions were not be filed under the Act regardless of whether the tenant was directly affected by COVID or not.

Fannie Mae and Freddie Mac, federal mortgage companies, offer websites that allow tenants and the public to search records and discover if a specific property is covered by their financing. To search whether a rental property is federally financed and subject to the CARES Act protections, visit: https://www.knowyouroptions.com/rentersresourcefinder with Fannie Mae and https://myhome.freddiemac.com/renting/lookup.html with Freddie Mac. The Fannie Mae and Freddie Mac search tools do not include all the federal financing covered by the CARES Act.

If a tenant received notice of eviction action between March 27, 2020 and July 25, 2020, and the rental unit was protected under the CARES Act, contact one of Arizona's legal aid programs for help.

Many thanks to Community Legal Services and David J. Newstone for their help.

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