Federal & State COVID-19 Eviction and Foreclosure Guide

November 25, 2020 | Legislation

Authored by Amy Kame, Managing Director, NPLA

Throughout the nation, most states and local jurisdictions declared a state of emergency in March in response to the coronavirus pandemic. Many state-issued eviction and foreclosure moratoriums have since expired. Each state has rolled out specific mandates and interpretations of legislation relating to eviction and foreclosures. See our guide below for more information.*

*Updates will be made as they become available.

Keep in mind:

  1. State governments have issued the orders highlighted here. Some counties and municipalities have issued additional restrictions; please check with the specific county or municipality for other regulations applicable to your property.
    For example, while California already has extensive laws in place for those struggling to pay rent, the city of San Francisco’s Board of Supervisors passed legislation banning no-fault evictions through the end of March 2021.
  2. Please be aware that when a government reopens its civil courts, it also may issue a new order specifically limiting evictions or foreclosures.
  3. Please review the specific Executive Order (or guidance or decree) to determine how they apply to your situation. Please consult a lawyer for the particular applicability of these and other county or municipal regulations concerning evictions and foreclosures that may apply.
  4. Regulations change frequently. This page was last updated on December 3, 2020.
Federal & State Eviction and Foreclosure Law Timelines

Learn the status of each listed below. Just click the + to expand each view.

National

Is there a statewide order or guidance concerning foreclosures and evictions?

Yes, until December 31, 2020 with limitations.

Centers for Disease Control and Prevention (CDC) order issued on September 4.

Effective September 4, the order declares a national moratorium on residential evictions for eligible renters for nonpayment of rent and nonpayment of other fees or charges until December 31, 2020. This mandate applies to properties participating in federal assistance programs or with federally backed financing. Any evictions for nonpayment of rent that may have been initiated before September 4, 2020, and have not been completed, are subject to the moratorium.

Tenants can still be evicted for:

  • Conducting criminal activity on the property
  • Threatening the health or safety of other residents
  • Damaging or posing an immediate and significant risk of damage to the property
  • Violating applicable building codes, health ordinances
  • Other regulations related to health and safety
  • Violating any contractual obligation other than the timely payment of rent, late fees, penalties, or interest.

In addition, the order bars landlords from evicting tenants if they have solicited government assistance for rent; are unable to pay for housing due to loss of income, compensable hours, layoffs, or extraordinary out-of-pocket medical expenses; and earn less than $99,000 for the 2020 calendar year or $198,000 for joint filers. Renters must print and sign an affidavit declaring their eligibility for protections

 

Read more here: 

Centers for Disease Control and Prevention Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19

FHFA Extends Foreclosure and REO Eviction Moratoriums

Alabama

Is there a statewide order or guidance concerning evictions? 

No.

 

Is there a statewide order or guidance concerning foreclosures? 

No.

 

Is there a hold on utility shutoffs? 

No – Decision is left to individual utility providers

 

Additional Information

Eviction Protections and Mortgage/Foreclosure Relief: Protections arising from the public health emergency expired on June 1, 2020.

Alaska
Is there a statewide order or guidance concerning evictions?

No.

Eviction Protections: Evictions were allowed to resume in July after protections for tenants experiencing financial hardships due to the coronavirus pandemic expired. Families enrolled in an Alaska Housing program may be able to access rental payment assistance for a three-month period.

 

Is there a statewide order or guidance concerning foreclosures?

No.

Mortgage/Foreclosure Relief: Foreclosures were allowed to resume in July after protections for borrowers affected by the pandemic expired.

 

Is there a hold on utility shutoffs?

No – Expired on November 15, 2020

 

Additional Information

No current state order in place. Alaska State Legislature passed a bill placing a moratorium on utility shutoffs (expired on the earlier of November 15, 2020, or the end of the public health disaster emergency) and evictions (expired June 30, 2020) due to COVID-19 financial problems.

Arizona

Is there a statewide order or guidance concerning evictions?

No.

Eviction Protections: A moratorium on residential evictions expired on October 31, 2020. The Arizona Judiciary has issued guidance for processing eviction cases. Assistance may be available through the Arizona Department of Housing for qualifying renters.

Arizona Supreme Court – Guidance on Evictions

 

Is there a statewide order or guidance concerning foreclosures?

No.

Expired on October 31, 2020.

Mortgage/Foreclosure Relief: Pursuant to an agreement between Governor Doug Ducey and state bankers, residential foreclosures were suspended for at least 60 days from March 27, 2020, with a possible extension through the full duration of the crisis. Up to 12 months of forbearance may be available to certain borrowers as well.

 

Is there a hold on utility shutoffs?

Arizona Corporation Commission’s ban on utility disconnects has ended, but many providers are extending the hold on disconnects and are offering assistance to customers.

Arkansas

Is there a statewide order or guidance concerning evictions?

No.

Eviction Protections: No statewide eviction protections have been implemented in Arkansas. Judges have some discretion to suspend in-person court proceedings, such as evictions, based on coronavirus risks.

 

Is there a statewide order or guidance concerning foreclosures?

No.

Mortgage/Foreclosure Relief: No statewide foreclosure protections have been implemented in Arkansas. Judges have some discretion to suspend in-person court proceedings, such as foreclosures, based on coronavirus risks.

 

Is there a hold on utility shutoffs?

Utility Shutoff Protections: The Arkansas Public Service Commission ordered all utilities under its jurisdiction to suspend disconnections for the duration of the emergency or until it rescinds its order, although customers will still be responsible for paying amounts owed. Most utility providers had also previously pledged to maintain service to customers during the coronavirus pandemic.

 

Additional Information

Eviction Protections and Mortgage/Foreclosure Relief: Protections arising from the public health emergency expired on June 1, 2020.

California

Is there a statewide order or guidance concerning evictions?

Yes.

Eviction Protections: On August 31, 2020, Governor Gavin Newsom signed legislation that prohibits the eviction of tenants based on non-payment of rent until February 1, 2021 if they accrued COVID-19-related hardships between March 1, 2020, and August 31, 2020 and can provide a sworn statement to that effect. Tenants who accrue pandemic-related hardships between September 1, 2020 and January 31, 2021 can avoid eviction if they can pay 25 percent of their rent. Landlords may begin to seek recovery of debt arising from unpaid rent in small claims court starting on March 1, 2021. Additional protections that are part of the new legislation include an extended period (from three to 15 days) for notices from landlords to pay rent or quit.

An executive order allows cities to suspend commercial evictions through March 31, 2021.

Executive Order N-80-20 extends N-28-20 (¶ 2) which was extended through N-66-20, (¶ 21) and N-71-20 (¶ 3) until 03.31.2021 for commercial evictions only. (09.23.2020)

Assembly Bill 3088 – Tenants who pay at least 25% of their rent from 09.01.2020 through 01.31.2021 will be protected from eviction, those who fail to meet the minimum rent payment could be removed beginning 02.01.2021 (08.31.2020)

CA Rules of Court regarding applications for unlawful detainers to remain in effect until 90 days after the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council. (04.06.2020)

 

Is there a statewide order or guidance concerning foreclosures?

Yes, until December 31, 2020

Mortgage/Foreclosure Relief: Homeowners affected by the coronavirus emergency were allowed to potentially access up to 90 days of forbearance with no negative credit reporting, as well as relief from late charges and fees.
California’s COVID-19 Small Landlord and Homeowner Relief Act of 2020 requires all mortgage lenders to comply with the FHFA moratorium on foreclosures, regardless of loan type.

 

Is there a hold on utility shutoffs?

Utility Shutoff Protections: The California Public Utilities Commission has barred investor-owned utility companies from disconnecting service for non-payment associated with the coronavirus outbreak until 2021. Public water companies have also been barred from disconnecting service, pursuant to an executive order.

 

Additional Information

Local Ban Information

Colorado

Is there a statewide order or guidance concerning evictions?

Yes – Until November 20, 2020

Under the governor’s order, landlords can provide tenants with default notices but must give 30 days’ notice, effectively postponing evictions for 30 days. Landlords cannot charge late fees or penalties for nonpayment through December 31, 2020. It also requires landlords to notify tenants of the CDC’s eviction ban and provide a declaration form to tenants before they can file an eviction.

Ordering the Temporary Limiting of Certain Evictions to Provide Relief to Coloradans Affected by COVID-19

 

Is there a statewide order or guidance concerning foreclosures?

No.

Mortgage/Foreclosure Relief: A new law has allocated close to $20 million from state CARES Act funds to housing assistance, including mortgage assistance, for households affected by the pandemic. Emergency short-term mortgage assistance is available to qualifying homeowners.

 

Is there a hold on utility shutoffs?

See Colorado statewide utility tracker for information about whether your utility provider has put a moratorium on shutoffs during the crisis.

Connecticut

Is there a statewide order or guidance concerning evictions?

Yes, until January 1, 2021

By order of the governor, no evictions are allowed until January 1, 2021.

The tenant needed to be current on their rent at the beginning of the pandemic and has paid at least some of their rent since then. Some tenants may also have security deposit funds applied to April, May, June, July, August, or September 2020.

Renters who cannot make their rent payments may also apply for the state’s Emergency Housing Assistance Program.

The stay on some evictions has been lifted effective September 3, 2020.

Executive Order NO. 9H correcting extensions to eviction moratorium in EO No. 9E and will remain in effect for the duration of the existing renewed and newly declared civil preparedness and public health emergencies, unless earlier modified or terminated (10.20.2020)

Executive Order No. 9E extends eviction moratorium until 01.01.2021 (09.30.2020)

 

Is there a statewide order or guidance concerning foreclosures?

No.

Mortgage/Foreclosure Relief: Governor Lamont has announced a comprehensive housing protection package, including mortgage relief assistance for homeowners who do not have federally backed mortgages. Any mortgage foreclosure complaint must be accompanied by an affidavit verifying that it does not violate the federal foreclosure moratorium.

 

Is there a hold on utility shutoffs?

An emergency moratorium on utility shutoffs was implemented by the Public Utilities Regulatory Authority. It expired on October 31, 2020, for residential customers experiencing financial hardships. The statutory Winter Protection Plan prevents electric and natural gas service termination related to financial hardships. Otherwise, customers can enroll in a COVID-19 Payment Program.

Delaware

Is there a statewide order or guidance concerning evictions?

Yes.

Delaware is allowing eviction filings to proceed, but landlords must be able to prove to a judge that the eviction is “in the interest of justice.” If they qualify, tenants can still invoke the CDC’s orders to avoid eviction. Renters can also apply for housing assistance.

Additional notes on eviction: By order of the governor, landlords can file eviction lawsuits, but courts must stay any proceedings. Law enforcement cannot physically remove tenants. Landlords cannot charge late fees.

Twenty-Third Modification: State of Emergency Declaration

Procedures for Landlord/Tenant Matters

 

Is there a statewide order or guidance concerning foreclosures?

Yes.

Mortgage/Foreclosure Relief: Stays that were previously in place to pause foreclosure proceedings have now been lifted, except in cases where a continued stay would be in the interest of justice. A party may be removed from property pursuant to a judgment that was entered before the coronavirus emergency.

 

Is there a hold on utility shutoffs?

Yes.

Utilities that operate water, wastewater, gas, or electric utility services are subject to a minimum requirement to offer a four-month payment plan to customers who are behind on their bills due to the COVID-19 pandemic.

District of Columbia
Is there a statewide order or guidance concerning evictions?

Yes: Expires 60 days after the emergency ends on 12/31.

The Council of the District of Columbia has passed emergency legislation prohibiting evictions and late fees for nonpayment of rent during the COVID-19 public health emergency. Evictions cannot be filed until 60 days after the end of the emergency. The DC Superior Court has also stayed new eviction filings in accordance with this statute. Pursuant to emergency legislation, rent increases are prohibited until 60 days after the end of the coronavirus emergency.

COVID-19 State of Emergency: Tenant Rights & Resources

 

Is there a statewide order or guidance concerning foreclosures?

Yes.

Emergency legislation requires mortgage servicers and lenders, for the duration of the public health emergency and for 60 days thereafter, to offer up to 90 days of payment deferral to qualified borrowers who have been affected by the pandemic. Late fees and other penalties accrued during the emergency must be waived.

Negative credit reporting is prohibited in these situations. The DC Superior Court has stayed all foreclosures in accordance with statutory prohibitions. Through the DC Mortgage Assistance Program (MAP) COVID-19, eligible homeowners can access a housing assistance loan of up to $5,000 per month.

 

Is there a hold on utility shutoffs?

Under emergency legislation, utility companies cannot disconnect services for nonpayment during the coronavirus public health emergency.

Florida

Is there a statewide order or guidance concerning evictions?

No.

Evictions were allowed to resume on October 1, 2020.

 

Is there a statewide order or guidance concerning foreclosures?

No.

Foreclosures were allowed to resume on October 1, 2020.

 

Is there a hold on utility shutoffs?

No statewide policy – Customers should check with their local providers.

 

Additional Information

Miami-Dade County will resume enforcing evictions filed before March 13 in “limited cases.” Expired Executive Order 2020-211. Extended mortgage foreclosure and eviction relief until 10.01.2020.

Georgia

Is there a statewide order or guidance concerning evictions?

No statewide eviction moratorium has been issued in Georgia. Local courts have discretion to determine whether eviction actions may move forward, whether remotely or in person.

Check individual Georgia courts’ status here.

 

Is there a statewide order or guidance concerning foreclosures?

No.

No statewide policy halting foreclosures has been issued in Georgia. Local courts have discretion to determine whether foreclosure actions may move forward, whether remotely or in person.

 

Is there a hold on utility shutoffs?

No statewide policy – Customers should check with their local providers.
Check the State of Georgia Public Service Commission’s website for a list of GA services that have suspended disconnections due to COVID.

Hawaii
Is there a statewide order or guidance concerning evictions?

Yes, until December 31, 2020

15th Proclamation for COVID-19 Emergency: Extends moratorium on eviction until 12.31.2020 (Posted on 11.16.2020)

Full Proclamation

 

Is there a statewide order or guidance concerning foreclosures?

No.

FHFA moratorium only.

 

Is there a hold on utility shutoffs?

The Hawaii Public Utilities Commission issued an order suspending disconnection of gas, electric, telecommunications, water, and wastewater public utility services by regulated providers until December 31, 2020. Customers should also check with their local providers for additional details or relief that may be available.

Idaho

Is there a statewide order or guidance concerning evictions?

Yes.

A new state law requires landlords to provide 30 days’ notice before raising rent or not renewing a lease.

House Bill 594

 

Is there a statewide order or guidance concerning foreclosures?

No.

 

Is there a hold on utility shutoffs?

For financial and other assistance, the Idaho Public Utilities Commission has a county-specific resource guide.

 

Additional Information
Proclamation: Extension of Emergency Declaration for an additional Thirty Days [12.04.2020] (11.04.2020)

Illinois

Is there a statewide order or guidance concerning evictions?

Yes, until December 12, 2020.

By governor’s order, no evictions (unless the tenant poses a direct threat to people or property) through December 12, 2020. Income and other restrictions apply, and tenants must fill out a declaration affirming their eligibility for protection under the ban. For more information, see the Illinois Housing Development Authority’s Executive Order 2020-72 FAQs.

Governor’s Order 2020-72 (Posted on 11.13.2020)

 

Is there a statewide order or guidance concerning foreclosures?

No, expired October 17th.

 

Is there a hold on utility shutoffs?

Illinois Commerce Commission (ICC) announced that the state’s major utility providers have agreed to extend the ban on utility shutoffs through March 31, 2021. Although, there is no ban on charging late fees.

ICC Statement

Indiana

Is there a statewide order or guidance concerning evictions?

Yes, with limitations.

Evictions were allowed to resume in mid-August.

Executive-Order: 20-47: Eighth Renewal of Emergency Declaration for COVID-19: Renews EOs 20-02 through 20-46 for an additional Thirty Days (Expires 12.1.2020) (10.30.2020)

Indiana Supreme Court: Updated Status of Foreclosure and Eviction proceedings with Federal Directives

Rental Assistance Program

 

Is there a statewide order or guidance concerning foreclosures?

Yes, with limitations.

Foreclosures were allowed to resume in mid-August.

 

Is there a hold on utility shutoffs?

The ban on utility shutoffs ended in August, but utilities were required to offer extended payment arrangements and suspend certain fees through October.

 

Additional Information

The Indiana Housing and Community Development Authority (IHCDA) has issued a policy providing that certain rental property owners affected by the coronavirus outbreak can defer principal payments on their mortgage loans from May 1, 2020 through April 30, 2021.

Iowa

Is there a statewide order or guidance concerning evictions?

Yes.

Eviction protections expired in late May, but the state announced a housing assistance program that includes eviction prevention funding for up to four months and a maximum of $3,600. In early July, the Iowa Supreme Court stated that lower courts should generally prioritize eviction actions below several other types of cases, even if a tenant poses a danger.

Iowa Support for COVID-19-Impacted Renters and Homeowners at Risk of Eviction or Foreclosure

Proclamation of Disaster Emergency 20-38: Extending State of Emergency through 12.10.2020 (Posted on 11.10.2020)

 

Is there a statewide order or guidance concerning foreclosures?

No.

Foreclosures were allowed to resume in mid-August.

 

Is there a hold on utility shutoffs?

No.

There is no statewide ban on shutoffs, but the Iowa Residential Utility Disruption Prevention Program provides up to $2,000 to assist residential customers with paying utility bills if they are at risk of disconnection due to loss of income related to COVID-19. The application deadline is November 20, 2020.

Kansas

Is there a statewide order or guidance concerning evictions?

Yes.

Tenants may not be evicted due to financial hardships arising from the coronavirus pandemic until January 27, 2021, or until the coronavirus state of emergency ends, whichever is earlier.

Executive Order No. 20-64 – Reissued Moratorium on Evictions through 01.26.2021 (Posted on 09.10.2020)

 

Is there a statewide order or guidance concerning foreclosures?

Yes.

Lenders may not foreclose on homeowners whose defaults have substantially been caused by the coronavirus pandemic until January 27, 2021, or until the coronavirus state of emergency ends, whichever is earlier.

 

Is there a hold on utility shutoffs?

Utilities are required to offer payment and waive late fees through the end of 2020.

Kentucky

Is there a statewide order or guidance concerning evictions?

Yes, with limitations.

By order of the governor, the ban on residential evictions is over as of August 25, 2020. On September 4, 2020, the governor rescinded paragraphs 1-4 of that order and replaced them with a new order in line with the CDC’s eviction ban.

Executive Order 2020-751 – Evictions

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

Kentucky Public Service Commission ended a mandatory ban on shutoffs as of October 20, 2020. Late payment fees are not allowed through December 31, 2020.

Public Service Commission Order

Louisiana
Is there a statewide order or guidance concerning evictions?

No – expired on June 15, 2020.

Only the CDC moratorium is in effect in Louisiana.

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

A suspension on shutoffs has ended, although late fees are waived for unpaid balances accrued between March 13, 2020, and July 16, 2020.

Maine

Is there a statewide order or guidance concerning evictions?

Yes.

Evictions may proceed, but notice periods have been extended (45 days for notice to quit, 30 days for notice of arrearage) during the COVID-19 emergency. (meaning landlords must give tenants a more extended notice period to move out/pay rent before eviction).

The Maine Supreme Judicial Court allows eviction filings. Starting August 3, 2020, the Court has lifted the restriction on scheduling and hearing eviction matters.

Maine Judicial Branch Establishes Process for Resumption of Processing Eviction Cases

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

The moratorium on utility shutoffs was lifted on November 1, 2020. Standard winter restrictions on shutoffs took effect starting on that date.

 

Additional Information

Governors Proclamation to Renew the State of Civil Emergency another 30 days (Expires 12.01.2020) (Posted on 10.29.2020)

Maryland

Is there a statewide order or guidance concerning evictions?

Yes.

Evictions are suspended for the duration of the coronavirus emergency if a tenant can demonstrate that they suffered a substantial loss of income due to COVID-19.

Prohibition of Evictions

Governor’s Order No. 20-10-16-01: 2nd Amending and Restating the Order Dated April 3, 2020-Temporarily Prohibiting Evictions, Repossessions until the State of Emergency is terminated, and the Catastrophic Health Emergency is rescinded; and Suspend Notice of Intent to Foreclose Electronic System and Discontinue Acceptance of Notices of Intent to Forecloses effective 01.26.2021 until State of Emergency is terminated and the Catastrophic Health Emergency is rescinded. (Posted on 10.16.2020)

 

Is there a statewide order or guidance concerning foreclosures?

Yes.

No residential mortgage foreclosures may be initiated for the duration of the coronavirus emergency. (See link above.)

 

Is there a hold on utility shutoffs?

No utility can disconnect customers or collect late fees for the duration of the coronavirus emergency.

 

Additional Information

The Maryland Court of Appeals put a hold on all eviction proceedings that ended July 25, 2020. The Court has issued communication about procedures for and timing of eviction cases.

Massachusett

Is there a statewide order or guidance concerning evictions?

Yes – With Limitations

The legislative ban on evictions during the COVID emergency expired on October 17, 2020.

Governor Baker announced an initiative to add $100 million to the Residential Assistance for Families in Transition relief program and $50 million to rapid rehousing programs. Renters otherwise facing eviction can also use the CDC moratorium.

Extension of the COVID-19 eviction and foreclosure moratorium.

 

Is there a statewide order or guidance concerning foreclosures?

No -FHFA moratorium only

The legislative ban on foreclosures ended in October. See the link above for extension details.

 

Is there a hold on utility shutoffs?

Expired on November 15

For utility information, see the DPU list of utility assistance resources.

 

Additional Information

Mayor and Boston Housing Authority extended the ban until the end of 2020.

Michigan
Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only

Michigan is offering an Eviction Diversion Program for renters who need assistance.

Michigan Supreme Court Order

 

Is there a statewide order or guidance concerning foreclosures?

No -FHFA moratorium only

 

Is there a hold on utility shutoffs?

Utilities may not shut off water services for the rest of 2020. The Michigan Public Service Commission ended other utility shutoff protections in July, but some providers have agreed to extend these protections.

Minnesota

Is there a statewide order or guidance concerning evictions?

Yes – Until 12.14.2020

Governor Walz signed executive order to suspend certain evictions (see order for details) during state of emergency (currently set to expire December 14, 2020).

Extending the COVID-19 Peacetime Emergency Declared in Executive Order 20-01

 

Is there a statewide order or guidance concerning foreclosures?

Yes – With Limitations

The executive order that suspends evictions also requests a moratorium on foreclosures until the state of emergency is lifted.

 

Is there a hold on utility shutoffs?

Minnesota Public Utilities Commission required state regulated utilities to extend consumer protections throughout the COVID emergency. Press Release.

Mississippi

Is there a statewide order or guidance concerning evictions?

No – Evictions resumed on June 1.

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

None at the state level. A moratorium on utility shutoffs expired on May 27, 2020. Customers can contact their providers to set up a payment plan if they are struggling to pay their utility bills.

 

Additional Information

Check the Mississippi Judiciary’s website for information about evictions, trials, and court access.

Missouri

Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only.

Supreme Court of Missouri has directed courts to exercise discretion regarding cases (effective May 16, 2020) and appearances subject to specific Operational Directives. Whether or not your case will be held is left to the discretion of the judge.

Operational Directives for Easing COVID-19 Restrictions on In-Person Proceedings

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

No – Disconnection and customer assistance policies vary by utility.

 

Additional Information

Despite the CDC moratorium, Jackson County, where half of Kansas City is located, has continued to evict residents. Remember to check local directives.

Temporary Halt in Residential Evictions

Montana
Is there a statewide order or guidance concerning evictions?

Yes- With Limitations

Evictions have been suspended due to the coronavirus emergency for tenants who meet the following criteria: they must have suffered significant financial hardship due to the pandemic, they must be members of a vulnerable population, and they must be sheltering at home. Eviction protections will end 30 days after they stop sheltering at home or the emergency ends, whichever is earlier.

Montana Department of Commerce Statement

 

Is there a statewide order or guidance concerning foreclosures?

Yes – With Limitations.

Foreclosures have been suspended for homeowners who fit within the protected group described above.

 

Is there a hold on utility shutoffs?

Customers cannot be disconnected or charged late fees due to nonpayment if they fit within the protected group described above.

Nebraska
Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only

A moratorium on evictions related to the coronavirus pandemic ended on May 31, 2020.

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

A statewide moratorium on natural gas disconnections ended on August 15, 2020. The Nebraska Public Power District resumed disconnections as of August 1, 2020.

Nevada

Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only.

On August 7, 2020, Governor Steve Sisolak signed Senate Bill 1 (SB1), which allows courts to delay evictions for up to 30 days, during which landlords and tenants can engage in mediation or other forms of alternative dispute resolution. A moratorium on residential evictions based on nonpayment of rent ended on October 14, 2020.

Declaration of Emergency Directive 31 (Expired)

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

A prior foreclosure moratorium has expired, and foreclosures were allowed to resume as of September 1, 2020.

 

Is there a hold on utility shutoffs?

No – Expired in September.

New Hampshire

Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only.

By order of the Governor, evictions could resume on July 1, 2020.

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

The state moratorium on foreclosures expired on July 1, 2020.

 

Is there a hold on utility shutoffs?

No – Expired on July 15.

 

Additional Information

Eviction Protections and Mortgage/Foreclosure Relief: Protections arising from the public health emergency expired on June 1, 2020.

New Jersey

Is there a statewide order or guidance concerning evictions?

Yes, until end of emergency +2 months (currently 1/25/2021)

Governor’s order prohibits removal of tenants from residential properties, and postpones enforcement of all judgments for possessions, warrants of removal, and writs of possession.

Executive Order No. 106

 

Is there a statewide order or guidance concerning foreclosures?

Yes.

Executive Order 106 also prevents individuals from being removed from their home during the coronavirus state of emergency and for up to two months thereafter due to foreclosure proceedings. New Jersey’s foreclosure moratorium states that homeowners can’t be removed from their home during the state of emergency, even if a final judgement of foreclosure has taken place.

 

Is there a hold on utility shutoffs?

Yes, through March 15, 2021

On October 13, 2020, Governor Murphy issued an executive order that provides a disconnection moratorium through at least March 15, 2021 on all public and private residential gas, electric, and water utilities. In addition, this order requires the reconnection of all residential services that were disconnected after March 16, 2020. This order also provides protections for internet service customers, including prohibiting disconnections of internet service in households that have one or more school-age children using the internet for educational purposes.

 

Additional Information

The State of emergency is currently set to end on November 25, 2020.

Executive Order 191

 

Controversial Bill introduced in New Jersey

Assembly Bill 4034

Senate Bill 2340

Assembly Bill 4034/ Senate Bill 2340 would allow tenants who have been unable to pay rent during the COVID-19 pandemic up to 2 1/2 years to repay their arrears without fear of eviction. The bill would give renters 6 months to repay each month of unpaid rent and require all arrears to be paid within 30 months.

Last vote was on 10.29.2020

We will have further updates soon.

New Mexico
Is there a statewide order or guidance concerning evictions?

Yes.

The New Mexico Supreme Court has declared that all evictions due to nonpayment must be paused during the COVID-19 emergency. The Court has temporarily paused evictions of tenants who can show at an eviction hearing that they are currently unable to pay rent. The Supreme Court also has issued an order pausing the execution of writs of restitution for mobile homes.

New Mexico – Stay of Evictions

Executive Order No. 20-8500-008 – Mobile Home Eviction and Foreclosures Order. (03.26.2020)

Executive Order No. 20-8500-007 – Stay on evictions for nonpayment of rents (03.24.2020)

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

 

Is there a hold on utility shutoffs?

Yes, until January 6, 2021

A moratorium on disconnections of residential utility customers issued by the New Mexico Public Regulation Commission is in effect until January 6, 2021.

Utility Disconnections of Residential Customers Moratorium

New York

Is there a statewide order or guidance concerning evictions?

Yes, until January 1, 2021.

The state legislature approved a moratorium on evictions for the remainder of the COVID-19 emergency.

Bill No. S08192

Governor ordered moratorium on evictions until January 1, 2021 (Executive Order No. 202.66, dated September 29, 2020); the New York Unified Court System issued memo on November 17, 2020, about procedures. The governor’s order also includes direction regarding landlord’s use of security deposit to cover unpaid rent, collecting late fees, and repaying unpaid rent.

Moratorium on COVID-Related Residential Evictions

New York Unified Court System Procedures

Executive Order 202.66

Note: Landlords are still allowed to bring tenants to eviction court. Tenants can argue against their own eviction if the pandemic has caused them financial distress. Ultimately though, the interpretation of the moratorium is up to judges.

 

Is there a statewide order or guidance concerning foreclosures?

Yes.

FHFA moratorium plus New York’s Banking Law 9-x. The new section to the Banking Law creates new procedures for mortgagors and servicers concerning forbearances of residential mortgage payments affected by the COVID-19 pandemic. This section includes forbearance requirements for privately owned, non-federally backed mortgages.

Memorandum, Revised Procedure for Addressing Residential Foreclosure Proceedings, New York Unified Court System, Posted on October 22, 2020.

 

Is there a hold on utility shutoffs?

Yes.

No utility shutoffs due to nonpayment during the state of emergency +180 days.

Bill No. A10521

 

Additional Laws and Protections

Democrats in New York’s State Senate have won enough seats to give them a veto-proof supermajority. This is important as new laws are introduced in the coming year.

 

Tenant Safe Harbor Act (currently in place): Prohibits evictions against tenants who have suffered financial hardship during the pandemic.

 

Emergency Housing Stability and Displacement Prevention Act (In Committee)

State lawmakers (State Sen. Zellnor Myrie (D-Brooklyn) and Assemblymember Karines Reyes (D-The Bronx) called for a reinstatement of the universal eviction moratorium.

The Emergency Housing Stability and Displacement Prevention Act would prevent all eviction and foreclosure filings for commercial and residential tenants during the pandemic, plus an additional year after.

Assembly Bill A10827

 

The Rent and Mortgage Cancellation Act of 2020 (In committee)

Introduced by State Sen. Julia Salazar, D-Brooklyn, and Assemblywoman Yuh-Line Niou, D-Manhattan. This bill would cancel the rents for tenants and mortgage payments of some homeowners as long as New York is in a state of emergency, plus an additional 90 days. Landlords would also be eligible for some assistance via a relief fund.

Senate Bill S8802: Rent and Mortgage Cancellation Act of 2020

 

Our office will keep you apprised of further legislative updates.

North Carolina

Is there a statewide order or guidance concerning evictions?

Yes – Guidance until 12.31.2020

Governor Cooper issued an executive order stating that the CDC’s eviction ban applied, but that there are specific rules about how the ban is implemented in NC. See order for details. The order is in place until December 31, 2020.

Executive Order No. 171 – Eviction assistance (Expires 12.31.2020). (Posted on 10.28.2020)

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

 

Is there a hold on utility shutoffs?

No – Utilities began collecting and enforcing unpaid accounts on September 1, 2020.

Order Lifting Disconnection Moratorium

North Dakota
Is there a statewide order or guidance concerning evictions?

No.

By order of the Supreme Court, evictions resumed on April 22, 2020.

The order continued the extension of the deadline to hold an eviction hearing from 15 days to 45 days from the date on which the summons is issued.

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

 

Is there a hold on utility shutoffs?

No.

The Public Service Commission has existing rules to protect residents who may have difficulty paying their residential utility bills.

 

Additional Information

The North Dakota Housing Finance Agency (NDHFA) can assist NDHFA borrowers whose employment status has been affected by the coronavirus pandemic.

Ohio
Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only, but further guidance below.

Supreme Court of Ohio Guidance on Evictions until 2021

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

 

Is there a hold on utility shutoffs?

No.

Most utilities have resumed disconnections or filed plans with the Public Utilities Commission of Ohio (PUCO) to restart disconnections; the status of individual utilities can be viewed on the PUCO website.

Oklahoma
Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only.

Anyone filing an eviction must certify that the property is not covered under the federal CARES Act.

Eviction proceedings have resumed. The Oklahoma Supreme Court issued an order on May 1, 2020, outlining additional temporary pleading requirements for eviction proceedings.

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

 

Is there a hold on utility shutoffs?

No – Disconnection and customer assistance policies vary by utility.

Oregon

Is there a statewide order or guidance concerning evictions?

Yes – Moratorium on all nonpayment and no-cause evictions in place through 12.31.2020.

Executive Order 20-56 – Eviction Moratorium from 09.30.2020 through 12.31.2020 (Posted on 09.29.2020)

Executive Order 20-59 (Posted on 10.27.2020)

 

Is there a statewide order or guidance concerning foreclosures?

Yes – Until 12.31.2020

Oregon’s moratorium also protects homeowners with federally and privately backed loans from foreclosure through December 31, including provisions that prevent nonpayments from being considered as defaulted, so long as borrowers notify their lenders.

 

Is there a hold on utility shutoffs?

Yes.

On April 20, 2020, the Oregon Public Utility Commission (PUC) reported that energy utilities, landline telecommunications carriers, and water utilities that it regulates have suspended service disconnections and late fees during the coronavirus pandemic.

Oregon PUC – Protection for Utility Customers

Oregon PUC list of utility providers who are suspending disconnects

Pennsylvania

Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only.

Pennsylvania’s eviction ban expired on August 31, 2020.

Each Court handles CDC Eviction Ban procedures individually. Notices are posted here.

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

No – Expired on 11.9.2020.

 

Additional Information

Rental and Mortgage Relief Program Information

Rhode Island

Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only.

By order of the Supreme Court, evictions can resume after June 1, 2020

On September 3, 2020, the Rhode Island District Court issued an order outlining eviction protocols for the remainder of 2020 in light of the Centers for Disease Control and Prevention’s public health order on evictions.

Order 2020-06 — District Court Eviction Protocol

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

The Rhode Island Public Utilities Commission issued an order effective on July 13, 2020, that extended a moratorium on service terminations for nonpayment for National Grid customers enrolled in the electric or gas low-income rate through November 1, 2020 (this date is the start of the annual winter moratorium, which will result in these protections being extended until April 15, 2021)

Public Utilities Commission — Suspension of Termination and Collection Activities

South Carolina
Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only.

On May 6, 2020, the South Carolina Supreme Court issued an order that required any eviction or foreclosure action to certify that it complies with the CARES Act.

SCCA 256B

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

No – Decision is left to individual utility providers.

South Dakota

Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only.

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only.

 

Is there a hold on utility shutoffs?

No – Decision is left to individual utility providers.

 

Additional Information

Check South Dakota Unified Judicial System for the status of cases.

Tennessee
Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only.

Tennessee Supreme Court ordered that evictions may resume June 1, 2020.

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

 

Is there a hold on utility shutoffs?

No.

The Tennessee Public Utility Commission’s moratorium on service disconnections for nonpayment related to the coronavirus pandemic expired on August 29, 2020. Customers must be provided with a minimum 30-day written notice of the utility’s intent to resume its procedures for disconnection of services due to nonpayment. The written notice needs to provide the date on which the utility will resume its procedures for cutoffs for nonpayment of services, which could continue no earlier than September 28, 2020.

Texas

Is there a statewide order or guidance concerning evictions?

Yes, limited (pursuant to CARES Act).

TX Supreme Court 28th Emergency Order Regarding the Covid-19 State of Disaster (establishes pilot counties) effective 01.01.2021; expires 02.01.2021 unless extended. (Posted on 11.09.2020)

Texas Eviction Diversion Program (TEDP)

TX Supreme Court 27th Emergency Order Regarding the COVID-19 State of Disaster (establishes eviction procedures through 12.18.2020) (Posted on 09.25.2020)

More information

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

The Texas Department of Housing and Community Affairs advises that homeowners who have been affected by the coronavirus pandemic should contact their loan servicer to determine if they qualify for reduced or suspended payments.

 

Is there a hold on utility shutoffs?

No, expired September 30.

As of October 1, 2020, disconnections for nonpayment were allowed to resume for ERP enrollees to whom notice has been provided at least ten days, but no more than 30 days in advance.

PUC Winding Down Electricity Relief Program

Utah

Is there a statewide order or guidance concerning evictions?

Yes.

CDC moratorium + landlord can apply on behalf of their tenants for monthly rental assistance totaling $2,000 or less.

In May 2020, the Utah Department of Workforce Services launched a rental assistance program for renters affected by the coronavirus pandemic. On August 5, 2020, the Department announced that program eligibility had been expanded to include people receiving unemployment benefits. On October 2, 2020, the Utah Supreme Court and Utah Judicial Council issued an administrative order that requires landlords to submit a COVID Eviction Declaration as part of the eviction process, indicating that they are complying with COVID-19 relief laws and requirements, such as the CDC’s public health order regarding evictions.

Utah Eviction Information

Administrative Order (posted on 10.2.2020)

COVID Eviction Declaration Form

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

 

Is there a hold on utility shutoffs?

No.

Rocky Mountain Power (which serves Utah) has resumed standard billing practices and disconnections for nonpayment. Still, it has extended its suspension of late fees and service disconnections to customers who establish and maintain payment plans.

Press Release

Vermont

Is there a statewide order or guidance concerning evictions?

Yes, until end of emergency plus 30 days (Currently on 1.14.2020)

Evictions are banned until the end of the state’s declared emergency (currently in place until December 15, 2020) plus 30 days.

Vermont Law S.333: On May 14, 2020, Governor Phil Scott signed bill S. 333, which suspends eviction and foreclosure actions (with limited exceptions) until 30 days after the Governor ends the declared state of emergency.

State of Emergency Extended to December 15

Vermont Supreme Court Administrative Order #49 extends Judicial Emergency through 01.01.2021. (Amended on 08.20.2020)

 

Is there a statewide order or guidance concerning foreclosures?

Yes, limited.

Bill S. 333 (linked above) suspends eviction and foreclosure actions (with limited exceptions) until 30 days after the end of the Governor’s declared state of emergency.

 

Is there a hold on utility shutoffs?

No.

A moratorium on disconnections of utility service due to nonpayment of electricity, natural gas, water, and telecommunications bills ended on October 15, 2020. The Vermont Public Utility Commission issued a rule effective October 15, 2020, that provides various consumer protections for utility customers who are experiencing financial hardship due to the coronavirus pandemic. 

Assistance Paying Internet Service Bill due to COVID-Related Economic
Hardship

Virginia

Is there a statewide order or guidance concerning evictions?

Yes – Expires 90 days after the end of the state of emergency.

Virginia House passed, and Governor signed, HB 5005, VA’s revised biennial budget. Budget finalized eviction moratorium and utility shutoff moratorium.

Also in place: House Bill 340. HB 340 was approved on April 22, 2020. This bill allows tenants to receive a 60-day continuance of eviction proceedings if they have experienced a loss of income due to the coronavirus pandemic during the period for which the Governor has declared a state of emergency. This law expires 90 days after the end of the state of emergency.

 

Is there a statewide order or guidance concerning foreclosures?

Yes: Expires 90 days after the end of the state of emergency.

House Bill 340: Homeowners or landlords that rent one, four, or multifamily units in the Commonwealth can pause a foreclosure proceeding for 30 days if the individual provides their lender with written evidence showing a loss of income due to the COVID-19 pandemic.

This law expires 90 days after the end of the state of emergency.

 

Is there a hold on utility shutoffs?

No.

A moratorium on service disconnections due to unpaid bills caused by the coronavirus pandemic expired on October 5, 2020.

 

Additional Information

House Bill 1420 – Caps late fees on rent at 10 percent of the periodic rent or 10 percent of the remaining balance due: whichever is lesser. The new law is designed to prevent cascading late fees, allow charges only on the amount owed, and set a maximum late fee percentage, which previously did not exist in Virginia.

Washington

Is there a statewide order or guidance concerning evictions?

Yes, through 12.31.2020

Governor Jay Inslee has extended the statewide moratorium on evictions, late fees, and rent increases (with limited exceptions) through December 31, 2020.

Proclamation #20-19.4 – Evictions and Related Housing Practices (extends and amends 20-05, 20-19, et seq. through 12.31.2020) (Posted on 10.14.2020)

 

Is there a statewide order or guidance concerning foreclosures?

Yes (Recommendations only)

The Washington State Department of Financial Institutions (DFI) issued updated guidance to residential mortgage loan servicers, urging them to take action through December 31, 2020, to alleviate the coronavirus pandemic’s impact on consumers.

 

Is there a hold on utility shutoffs?

Yes.

Governor Inslee issued a proclamation prohibiting energy, telecommunications, and water utilities in Washington from disconnecting service to residential customers due to nonpayment through December 31, 2020. The Washington Utilities and Transportation Commission has ordered investor-owned electric and natural gas utilities in Washington to continue a moratorium on disconnections for nonpayment through April 30, 2021, and waive late fees until October 27, 2021.

Washington Utilities and Transportation Commission links:

Extended protections for energy customers affected by COVID-19

Other COVID-19 Updates

 

Additional Information

Seattle City Council passed legislation providing renters with a defense to evictions occurring within six months of the termination of the mayor’s eviction moratorium.

Seattle Eviction Defense for Renters

West Virginia

Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

 

Is there a hold on utility shutoffs?

No – Decision is left to individual utility providers.

On October 21, 2020, Governor Jim Justice announced the availability of $25 million in CARES Act funding to assist utility customers who have unpaid bills from March 1 through July 31, 2020 due to the coronavirus pandemic.

COVID-19 UPDATE: Gov. Justice providing $25 million to help qualifying West Virginians pay utility bills

 

Additional Information

By order of Supreme Court of Appeals, judicial state of emergency expires May 15, 2020.

Wisconsin

Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only

 

Is there a hold on utility shutoffs?

Yes.

By order of PSC of Wisconsin, no utility shutoffs for residential customers until April 15, 2021.

Wyoming

Is there a statewide order or guidance concerning evictions?

No – CDC moratorium only (Court hearing limited until 12.15.2020)

 

Is there a statewide order or guidance concerning foreclosures?

No – FHFA moratorium only (Court hearing limited until 12.15.2020

 

Is there a hold on utility shutoffs?

Yes.

On March 26, 2020, the Public Service Commission of Wyoming issued an order that authorized all public utilities to suspend discontinuation of service and the imposition of late fees due to the COVID-19 emergency.

Order to Suspend

 

Additional Information

Limited Court Hearings

Wyoming Supreme Court 6th Order Amending 03.18.2020 Temporary Plan to Address Health Risks Posed by the COVID-19 Pandemic (suspends non-emergency court proceedings until 12.15.2020). (Posted on 9.22.2020)

Author Bio:

Amy Kame is the Managing Director of the National Private Lenders Association (NPLA).