May 23, 2023 | News
An important legal ruling was issued on May 15th by the Colorado Supreme Court: it confirmed that the CARES Act 30-day “Notice to Vacate” requirement remains in effect for all “Covered Properties.” In the Supreme Court opinion, it said that the notice provision [ Section 4024 (c ) of the CARES ACT] did not include an expiration date and that the Court could not “ insert an expiration date where Congress omitted one.”
What does this mean? This means that owners and operators in Colorado will be required to continue the practice of giving residents in Covered Properties who fail to pay their rent a minimum of 30 days’ notice before seeking to evict.
More importantly, though, the Court noted that this is the FOURTH State in which this same conclusion has been reached, stating that “Courts in Washington, Oklahoma, and Connecticut (the only other jurisdictions that we are aware of to consider this issue) have come to the same conclusion.” Amid this mounting collection of adverse judicial rulings, then, it would be unwise to listen to anyone who tells you that the CARES Act 30 day NTV requirement somehow no longer applies. There is simply no judicial support for that conclusion, and there are now four different High Courts that say the opposite: unless your Property’s mortgage loan is NOT “Federally Backed”, then a 30-day Notice to Vacate is still mandatory.
Note: In 2022, The National Apartment Association succeeded in getting certain members of Congress to try and correct the drafting error, and their Bill has been re-introduced and is still pending in the U.S. House of Representatives.
Feb 3, 2023 | LB Against Domestic Violence, News
The U.S. Department of Housing and Urban Development (HUD) just recently issued a press release where they highlighted the culmination of their work in preparing new and updated resources to advance housing protections for “survivors of domestic violence, dating violence, sexual assault, and stalking” under the Violence Against Women Act (VAWA) — VAWA Press Release (HUD). They created a brand-new VAWA Information Page, for starters, and also highlighted their intent to use HUD resources to investigate non-compliance allegations, just like they do for Fair Housing complaints.
Because you never know when you may find yourself managing a Property with at least one Section 8 voucher holder residing there, we felt it was important for us to help you become familiar with the new VAWA resources, which include:
- A NEW VAWA website (www.HUD.gov/VAWA) with a robust FAQ page;
- A Notice setting out HUD’s enforcement authority (and intent) under VAWA;
- VAWA-specific training, educational resources, and forms.
To learn more about any aspect of VAWA, including Landlord’s obligations and tenant’s rights under the Act, please visit their website at https://www.HUD.gov/VAWA.
Jan 25, 2023 | News
This morning the White House released a plan to pursue a “Renters Bill of Rights.” We understand the importance of this information to our Industry and clients, and so wanted to provide the details for you. Please review this FACT SHEET published by the White House Domestic Policy Council and National Economic Council for an excellent summary.
The National Apartment Association released the following statement this morning.
“For months the National Apartment Association (NAA) worked with the White House in good faith. We stand by our commitment to promote industry resident services and practices. NAA also made clear the industry’s opposition to expanded federal involvement in the landlord/tenant relationship. Complex housing policy is a state and local issue and the best solutions utilize carrots over sticks.”
– Bob Pinnegar, NAA President & CEO
As always, we will continue to provide updates and more information as it becomes available.
Oct 5, 2022 | News
On September 30, 2022, Rep. Barry Loudermilk (R-GA) introduced the “Respect State Housing Laws Act” (H.R.9062), federal legislation that would end the CARES Act notice to vacate requirement. The National Apartment Association (NAA), working alongside the National Association of Residential Property Managers (NARPM), collaborated with Rep. Loudermilk to secure the introduction of this important bill.
In an immediate response, NAA and the National Multifamily Housing Council (NMHC) released a statement applauding the introduction of legislation that would help restore normalcy and balance to rental housing operations.
In March 2020, Congress passed the CARES Act, which 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 and remains a disputed issue in courts today. Read more on the notice to vacate requirement.
For over three years, rental housing providers have navigated immense operational hurdles and financial challenges, only exacerbated by federal interference in state and local law. The introduction of this bill is a critical step in the right direction, and NAA will steadfastly advocate ensuring it crosses the finish line.
This is a developing story. Additional updates will be provided as they become available.
Source: Association, National Apartment. “Legislation Introduced to End Federal Cares Act Notice to Vacate: National Apartment Association.” Legislation Introduced to End Federal CARES Act Notice to Vacate | National Apartment Association, https://www.naahq.org/legislation-introduced-end-federal-cares-act-notice-vacate.
Feb 8, 2022 | News
Update:
February 9th, 2022 – SCRA Update
SCRA’s Single Record Request functionality has now been restored. Users are able to proceed with the application as normal. Thank you for your patience.
SCRA Single Record Request Currently Down
The Dept. of Defense’s SCRA verification site has been “Down for Maintenance” both 2/7/22 and now 2/8/22. According to the DoD, the “SCRA Single Record Request Search is currently down” and we are told they are working diligently to fix this issue. While most of the other functions on the DoD website are still able to be utilized (create user accounts, run Multiple Record Requests, User’s Guides, FAQs, etc…), the primary search functionality is presently disabled. We apologize for any inconvenience this may cause, and the DoD promises to update the News and Alerts sections as soon as the issue has been resolved.
What does this mean for you?
If you submit(ed) new cases to us while the DoD site is not functioning correctly, those cases will remain in a “hold” condition until those cases have an SCRA Affidavit search and Affidavit created after the DoD site is restored. This means that SSN search inputs CAN NOT be verified, and so the SCRA (Servicemembers Civil Relief Act) Affidavits will not generate until the Department of Defense (DoD) has their search site back up and running. This will prevent Landlords across the Country from processing and filling new cases until the repairs to the search page have been completed and it is restored. So, we wanted to let you know to expect delays in processing any cases you filed starting Feb. 7th, until the DoD search site is back online.
We will, of course, let you know as soon as we know that it is back up and running, but in the meantime, we wanted to let you know of this issue.
Sign up for additional information: https://loebsackbrownlee.com/client-portal/
Nov 15, 2021 | News
There are people that provide a great customer experience, and then there are those who provide exceptional experiences. However, very few compare to Michael Bell. If you are an L&B client, chances are you know the hard-working, always on top of things, tech-savvy, Charleston Apartment Association Supplier of the Year recipient. Currently a CAA Board of Director Nominee, we will take a look into a “Day in the Life” of Michael Bell.
How long have you worked at Loebsack & Brownlee, PLLC?
I’ve been with the Firm since day 1.
How do you start your day?
By brewing some fresh Kauai Coffee. (yum!)
What do you do before you come to work?
Not much; sometimes, when I’m being good, I go to the gym first, but usually, I go in the evening instead.
What does a typical day look like for you?
Most days start responding to client emails and help tickets submitted through the website overnight or after hours. Many clients work late into the evenings now, so when we get in, we’re playing catch-up from the start. About 70% of the day is spent responding to emails, updating client records, answering phone calls, and supporting the attorneys with whatever they need to be tackled. These emails are typically more of a training or troubleshooting nature, but sometimes also answering questions about how we do things and why we do them. The other part of the day is spent putting out fires, resolving issues, providing new client consultation or webinar training, or troubleshooting and training our own staff on processes and procedures.
What is something you wish people knew about you?
I’m a pretty open book. I think most clients who want to know me, already know everything I’m apt to share.
To learn more about Michael Bell, Director of Client Relations, click here: https://loebsackbrownlee.com/our-team/#michael-bell-cas
