- Oregon Statewide Eviction Moratorium (includes Portland and Multnomah County)
The Oregon Legislature met in a Special Session in late June and passed HB 4213, which extends the COVID-19 eviction moratorium until September 30, 2020. This legislation is better for landlords and tenants as it provides a firm deadline that the Governor may not extend by executive order. It also provides specific guidelines for communications between landlords and tenants.
During the moratorium, a lease termination and potential subsequent eviction may only be pursued in the case of;
- For cause reasons other than non-payment of obligations coming due during the emergency period.
b. The sale of the dwelling unit to a person who intends to occupy the dwelling unit as the person’s primary residence.
During the moratorium:
a. A landlord may provide a written notice to a tenant stating that the tenant continues to owe any rent due. The notice must include a statement that eviction for nonpayment is not allowed before September 30, 2020.
b. No late fees or other penalties may be charged on the non-payment balance.
c. A tenant’s no payment balance may not be reported to a consumer credit reporting agency
d. A landlord may not deliver a notice of termination or file an action (e.g., FED) based on a tenant’s non-payment balance.
e. A landlord may not deliver a termination notice without cause or file an action based on a termination notice without cause.
f. If you have a tenant in the first year of occupancy that would normally terminate during the moratorium period, the definition of “first year of occupancy,” has been extended to mean until 30 days following the emergency period (e.g., October 30, 2020).
After the moratorium ends, tenants must begin paying their usual rent. Landlords may deliver a written notice to the tenant stating that the emergency period has ended and that the tenant has a six-month grace period, until March 31, 2021, to repay the nonpayment balance accrued during the emergency period.
The Oregon Law Center has released a handbook on rent repayment during the pandemic which is useful for both tenants and landlords:
- City of Portland / Multnomah County COVID-19 Rent Relief Program
The Portland Housing Bureau, the Joint Office of Homeless Services, Multnomah County’s Department of County Human Services, and regional housing authority Home Forward have banded together to deploy $29 million in rent assistance to COVID-impacted households throughout Multnomah County over the next several months. Those funds include $25 million from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Renters have until March 2021 to repay any back rent they accrued during the eviction moratorium, which lasts through Sept. 30, but starting Oct. 1, renters will need to resume paying their rent every month, or risk eviction. That’s why the COVID-19 Rent Relief Program (CVRRP) is dedicating state, local and federal CARES Act funding to prevent evictions caused by the financial and health impacts of COVID-19. The program will provide up to three months of rent assistance to eligible households, prioritizing rent payments due on and after Oct. 1.
Those in need of assistance should call 2-1-1 or visit https://www.211info.org/multco-rent.
More information may be found here: https://www.portland.gov/phb/news/2020/8/6/rent-due-october-1-city-and-county-deploying-millions-covid-relief
- Federal Eviction Moratorium under the CARES Act
If you have a federally backed mortgage on your rental property (e.g., funded or guaranteed by HUD, VA, USDA, Fannie Mae, or Freddie Mac), the CARES Act places a 120 day moratorium on evictions of tenants occupying that property. You may find more information at the following sites:
4. Mortgage Forbearance Programs
If you are unable to make your mortgage payments because you are no longer receiving income from tenants impacted by the COVID-19 crisis, you may request forbearance for these mortgage payments. You may be able to obtain forbearance for the mortgage payments on your own primary residence if your income (e.g., from rental properties) has been significantly reduced because of the emergency. Providers of all federally backed mortgages on multifamily properties are mandated to offer forbearance, with the condition that the borrower suspend all evictions for renters unable to pay rent due to the impact of coronavirus. Many other lenders are also offering forbearance programs. We recommend you contact your lender directly to determine what options you may have. More information regarding mortgage forbearance may be found here.
5. CARES Act Funds Administered by the Small Business Administration (SBA)
a. Paycheck Protection Program: You may be eligible for an emergency loan from the Small Business Administration under the Paycheck Protection Program (PPP). These loans may be used to cover payroll, interest, rent, and utility expenses. All or part of these loans may be forgiven if the borrower uses the funds to keep employees in place.
b. Economic Injury Disaster Loans and Loan Advance: The SBA’s Economic Injury Disaster Loan program provides small businesses with working capital loans of up to $2 million and an advance of up to $10,000. Note that early feedback is that the capital loans are being processed very slowly, and that only the $10,000 advance may be available from the funding provided under the CARES act.
a. Cobalt CPA Accountants Covid-19 Resources
b. Business Oregon Coronavirus Resources
c. Governor Brown’s COVID-19 Resources for Oregonians
d. Find results to the RHA April Rent Study here.
e. Find results to the RHA May Rent Study here.
f. Multifamily NW Survey Results May-July click here