Legislation Introduced to End Federal CARES Act Notice to Vacate

On September 30, 2022, Rep. Barry Loudermilk (R-GA)introduced the “Respect State Housing Laws Act,” 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 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, legislation that 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 more than three years, rental housing providers have navigated immense operational hurdles and financial challenges, only exacerbated by federal interference into state and local law. The introduction of this bill is a critical step in the right direction, and NAA will steadfastly advocate to ensure it crosses the finish line.