Eviction, Mortgage, & Foreclosure Relief During COVID-19: 50-State Resources
Eviction, Mortgage, & Foreclosure Relief During COVID-19: 50-State Resources
The coronavirus pandemic has led to widespread public health and economic impacts. As a result of shelter in place orders, quarantines, illness, school closures, and other factors related to COVID-19, many people throughout the US have lost work. This has resulted not only in record numbers of unemployment claims, but also in possible housing insecurity for millions due to loss of income.
Federal Housing Protections
The federal government has responded to this potential housing crisis to some degree by implementing protections for tenants and mortgage loan borrowers under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Specifically, tenants who rent units in properties with federally backed mortgages (such as those owned or backed by the FHA, Freddie Mac, Fannie Mae, or USDA) cannot be evicted or charged penalties for nonpayment of rent for a period of 120 days starting March 27, 2020. After that, landlords must still provide 30 days’ notice before requiring tenants to vacate. Some estimates suggest that these protections cover approximately one in four rental units throughout the country. Further, evictions in public housing were suspended through the end of April 2020.
Homeowners are also protected to a certain extent if they have a federally backed mortgage, which covers over two-thirds of residential mortgage loans across the US. Pursuant to the CARES Act, there was a 60-day hold on foreclosures beginning March 18, 2020 for people who have sustained losses as a result of COVID-19. These borrowers can also qualify for 180 days of forbearance. People who own multifamily properties can also access forbearance for up to 90 days if they do not evict their tenants or charge them late fees for failure to pay rent.
State Housing Protections
Many state governments have gone further, implementing more broad-based eviction and utility shutoff moratorium laws, along with foreclosure bans. Note that these protections generally do not relieve tenants or homeowners of the obligation to pay their rent or mortgage, but simply suspend the ability of landlords or lenders to file new eviction or foreclosure cases, or enforce orders to vacate property. The same logic applies to bans on utility shutoffs; customers will simply have their obligations to pay delayed. Moreover, tenants must often comply with notice and documentation requirements when seeking relief under eviction moratorium laws, and evictions may still be allowed in the event of criminal activity, threats to public health, or other misconduct on a rental property. Further, these protections are close to expiring in some places, with officials indicating that they do not plan to extend them again.
Other Possible Protections & Strategies
In addition to the federal and state relief programs described above, protections may exist in many places at the local government level in the form of city or county eviction or foreclosure moratorium laws. While landlords in many areas may be unaware of eviction bans that have taken effect, tenants may be able to halt or reverse wrongful eviction activities by informing their landlords of these protections.
Bear in mind as well that many courts are closed to non-essential matters during the coronavirus pandemic. This means that even in areas with less robust state-level eviction and foreclosure relief policy initiatives, court closures can potentially prevent the filing or progression of these kinds of cases. However, it is important to check with your local court to determine what their policies are if you are concerned about proceedings of this nature, which may still occur remotely in some jurisdictions; some places have also moved toward resuming normal operations.
Finally, tenants and homeowners who foresee difficulty with paying their rent or mortgage due to the coronavirus outbreak may be able to negotiate reduced or delayed payments with their landlords or lenders. For homeowners who don’t have access to any government mortgage assistance or foreclosure relief, the American Bankers Association has compiled a list of COVID-19 responses that banks across the country have announced. Utilities can also take the Federal Communications Commission (FCC) Keep Americans Connected Pledge, and customers can check the FCC website to see if their service providers have signed on.
Click on each state below to learn more about the measures each jurisdiction has taken to protect renters and homeowners during the coronavirus pandemic.
Eviction Protections: Pursuant to a proclamation by Governor Kay Ivey, eviction orders cannot be enforced for the duration of the COVID-19 public health emergency, which presently expires 60 days from May 8, 2020. However, the Alabama Supreme Court allowed most in-person civil proceedings, which should include eviction cases, to resume after May 15, 2020, subject to judicial discretion regarding public safety measures.
Utility Shutoff Protections: The Alabama Public Service Commission has indicated that it is working with utility providers to ensure that service is not disconnected for those impacted by the pandemic, but customers will still owe amounts due.
Mortgage/Foreclosure Relief: Pursuant to a proclamation by the Governor, foreclosure orders cannot be enforced for the duration of the public health emergency, which presently expires 60 days from May 8, 2020. However, the Alabama Supreme Court allowed most in-person civil proceedings, which should include foreclosure cases, to resume after May 15, 2020, subject to judicial discretion regarding public safety measures.
Eviction Protections: Under new legislation (SB 241), tenants who have experienced financial hardship due to COVID-19 cannot be evicted, effective from April 10, 2020 through June 30, 2020 or the end of the state of emergency, whichever is earlier. Though the Alaska Supreme Court has suspended most non-emergency cases through May 31, 2020, on April 24, 2020, a new presiding judges’ order allowed courts to resume eviction hearings by telephone for cases not covered by the new legislative protections or the CARES Act, though evictions may still be stayed for good cause related to the public health emergency. Non-jury proceedings will resume June 1, 2020, subject to judicial discretion. On March 20, 2020, Governor Mike Dunleavy also announced a 60-day moratorium on evictions for the 13,000 Alaska residents who are recipients of rental assistance from the Alaska Housing Finance Corporation.
Utility Shutoff Protections: Pursuant to SB 241, utilities may not disconnect service to customers impacted by the coronavirus outbreak, and must make reasonable efforts to reconnect service that was disconnected on or after March 11, 2020. These protections are effective from April 10, 2020 through the earlier of November 15, 2020 or the date the Governor ends the declared state of emergency.
Mortgage/Foreclosure Relief: Under SB 241, foreclosures are suspended for borrowers impacted by the coronavirus pandemic effective April 10, 2020 through June 30, 2020 or the end of the declaration of emergency, whichever is earlier. Further, on March 20, 2020, the Governor announced that the Alaska Housing Finance Corporation would suspend foreclosures, and he authorized loan servicers to allow forbearance for borrowers financially impacted by the coronavirus pandemic. The Alaska Supreme Court has also suspended most non-emergency cases through May 31, 2020, which should include foreclosures. Non-jury proceedings will resume June 1, 2020, subject to judicial discretion.
Eviction Protections: Pursuant to an executive order, the enforcement of eviction orders is suspended for 120 days from March 24, 2020 for tenants impacted by the coronavirus pandemic. However, while tenants experiencing qualifying hardships due to COVID-19 can’t be removed from their residence, eviction cases can still be filed and managed at the local court level, and the Arizona Judiciary issued guidance for processing eviction cases on April 29, 2020.
Utility Shutoff Protections: No customer will have their utilities disconnected or have late fees, penalties, or interest charged during the remainder of the COVID-19 crisis.
Mortgage/Foreclosure Relief: Pursuant to an agreement between Governor Doug Ducey and state bankers, residential foreclosures are 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.
Eviction Protections: No statewide eviction protections to date, though the Arkansas Supreme Court issued an order stating that any new eviction complaints for nonpayment of rent filed between April 28, 2020 and July 25, 2020 must contain an affirmative pleading that the subject property is not a dwelling covered by the CARES Act. As set forth by the Arkansas Supreme Court, beginning May 18, 2020, courts in all divisions resumed hearings in accordance with social distancing guidelines, with a preference for video proceedings where possible, though judges have discretion to decide how proceedings will take place.
Utility Shutoff Protections: The Arkansas Public Service Commission has ordered all utilities under its jurisdiction to suspend disconnections for the duration of the emergency or until it rescinds its order, though 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.
Mortgage/Foreclosure Relief: No statewide foreclosure protections to date. As set forth by the Arkansas Supreme Court, beginning May 18, 2020, courts in all divisions resumed hearings in accordance with social distancing guidelines, with a preference for video proceedings where possible, though judges have discretion to decide how proceedings will take place.
Eviction Protections: Pursuant to an executive order, evictions of tenants affected by the coronavirus pandemic are halted statewide through May 31, 2020. A prior executive order permits local jurisdictions to suspend evictions of tenants impacted by COVID-19, which over 120 local governments within California have done, often implementing more protective measures than the state government has. The California judicial branch has also issued an emergency rule suspending the issuance of any summons or the entry of default judgments, and continuing trial proceedings in most unlawful detainer cases through 90 days after the end of the state of emergency, or until its rule is repealed.
Utility Shutoff Protections: The California Public Utilities Commission has barred utility companies from disconnecting service for non-payment associated with the coronavirus outbreak. Public water companies have also been barred from disconnecting service pursuant to executive order.
Mortgage/Foreclosure Relief: Pursuant to an agreement announced on March 25, 2020 between Governor Gavin Newsom and major banks throughout the state, homeowners impacted by the coronavirus emergency may be able to access up to 90 days of forbearance with no negative credit reporting, and relief from late charges and fees. Foreclosures are also halted for 60 days. Further, the California court system has issued an emergency rule suspending judicial foreclosure actions through 90 days after the end of the state of emergency, or until its rule is repealed.
Eviction Protections: Governor Jared Polis has issued an executive order suspending evictions and the imposition of late fees or penalties for nonpayment of rent through May 2020. He has also allocated emergency short-term rental assistance funding for low-income households. Additionally, the Colorado Supreme Court has issued an order suspending non-emergency in-person proceedings until further notice, which should cover eviction cases, though local courts have discretion regarding whether to hear these matters remotely or otherwise.
Utility Shutoff Protections: Pursuant to an executive order, the Colorado Public Utilities Commission (PUC) is to work with all public utilities to suspend service disconnections and the accrual of late fees caused by the factors related to the coronavirus pandemic. In response, a large number of statewide utilities have announced that they will not disconnect service or charge late fees during the public health crisis.
Mortgage/Foreclosure Relief: Governor Jared Polis has issued an executive order suspending foreclosures through May 2020. Under an executive order effective through April 30, 2020, banks were also encouraged but not required to provide a 90-day forbearance for residential mortgage holders impacted by COVID-19. The Governor had previously called for the extension of several deadlines in the foreclosure process by 30 days. Further, the Colorado Supreme Court has issued an order suspending non-emergency in-person proceedings until further notice, which should cover foreclosure cases, though local courts have discretion regarding whether to hear these matters remotely or otherwise.
Eviction Protections: Pursuant to an executive order, tenants affected by the coronavirus emergency can access a 60-day grace period for April or May 2020 rent; some tenants may also have security deposit funds applied to April, May, or June 2020 rent. Landlords may not serve a notice to quit before July 1, 2020. The State of Connecticut Superior Court has also ordered that all evictions are to be stayed through June 1, 2020.
Utility Shutoff Protections: An emergency moratorium on utility shutoffs has been implemented by the Public Utilities Regulatory Authority in response to COVID-19 for the duration of the state of emergency.
Mortgage/Foreclosure Relief: Pursuant to an agreement with Governor Ned Lamont announced March 31, 2020, over 50 Connecticut banks and credit unions have pledged to offer borrowers impacted by COVID-19 forbearances of up to 90 days, suspend late fees and penalties for 90 days, and halt foreclosures for 60 days. No negative credit reporting will result for borrowers who access relief under this agreement. The Connecticut Judicial Branch has rescheduled all foreclosure sales scheduled to take place in April, May, June, and before July 18, 2020 to a new date of July 25, 2020, and extended certain procedural deadlines.
Eviction Protections: Pursuant to an emergency order by Governor John Carney, no eviction actions may be commenced during the coronavirus state of emergency or until the public health emergency is rescinded, nor may late fees or interest be accrued on unpaid rent during this time. Procedural deadlines for eviction matters already in progress when the state of emergency began are also extended until after the emergency ends. The Governor has also announced rental assistance of up to $1,500 for qualifying renters. Further, the Justice of the Peace Court has ordered that most landlord tenant proceedings scheduled from March 17, 2020 through May 14, 2020 be rescheduled for after June 1, 2020.
Utility Shutoff Protections: In accordance with the Governor’s order, residential utility shutoffs and late fees are suspended for the duration of the state of emergency.
Mortgage/Foreclosure Relief: Pursuant to the Governor’s emergency order, no residential foreclosure actions may be commenced during the state or emergency or until the public health emergency is rescinded, nor may late fees or excess interest be accrued on missed payments during this time. Procedural deadlines for foreclosure matters already in progress when the state of emergency began are also extended until after the emergency ends.
Eviction Protections: The Council of the District of Columbia has passed emergency legislation prohibiting evictions and late fees for nonpayment of rent during a public health emergency, which has been declared in response to the COVID-19 pandemic. The DC Superior Court has also stayed all evictions in accordance with this statute. Pursuant to emergency legislation effective April 10, 2020, rent increases are prohibited during and until 30 days after the end of the coronavirus emergency.
Utility Shutoff Protections: Pursuant to emergency legislation, utility companies cannot disconnect services for nonpayment during the coronavirus public health emergency.
Mortgage/Foreclosure Relief: 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 impacted by the COVID-19 pandemic, waives late fees and other penalties accrued during the emergency, and prohibits negative credit reporting under these circumstances. The DC Superior Court has stayed all foreclosures in accordance with statutory prohibitions.
Eviction Protections: Pursuant to an executive order effective April 2, 2020 and extended on May 14, 2020, evictions for nonpayment of rent related to the COVID-19 emergency are suspended until June 2, 2020. The Supreme Court of Florida has also suspended the issuance of writs of possession until May 29, 2020.
Utility Shutoff Protections: No statewide policy to date, though individual utility entities have stated that they will not disconnect service; customers should check with their local providers.
Mortgage/Foreclosure Relief: Pursuant to an executive order effective April 2, 2020 and extended on May 14, 2020, foreclosures are suspended until June 2, 2020.
Eviction Protections: No statewide eviction moratorium policy, but the Supreme Court of Georgia has issued emergency orders effective through June 12, 2020 suspending all non-essential court functions, which can be construed to include evictions, though remote proceedings can still occur. Landlords who file eviction cases before August 25, 2020 must also affirmatively plead that the subject property is not covered by CARES Act eviction protections.
Utility Shutoff Protections: No statewide policy to date, though customers can check the Georgia Public Service Commission website to see if their utility providers have suspended disconnections due to COVID-19, or contact their individual providers.
Mortgage/Foreclosure Relief: No statewide policy to date halting foreclosures, but the Supreme Court of Georgia has issued emergency orders effective through June 12, 2020 suspending all non-essential court functions, which can potentially include foreclosure matters, though remote proceedings can still occur.
Eviction Protections: Pursuant to an order of Governor David Ige, evictions for nonpayment of rent are suspended until June 30, 2020. The Hawaii Supreme Court also issued an order postponing most in-person civil matters, including landlord tenant cases, until after April 30, 2020 due to the coronavirus emergency, though remote proceedings are occurring. Further, law enforcement officials have stated that they are suspending eviction activities until further notice.
Utility Shutoff Protections: No statewide policy to date; customers should check with their local providers.
Mortgage/Foreclosure Relief: No statewide policy, but the Department of Hawaiian Home Lands, a state entity, has announced a six-month mortgage payment deferral program starting in April 2020, which can affect up to 1,200 loans administered by the department. The Hawaii Supreme Court also postponed most civil cases, which should have included foreclosure matters, until after April 30, 2020, though remote proceedings are occurring.
Eviction Protections: Court proceedings except for jury trials resumed remotely on May 1, 2020. Landlords filing eviction complaints between May 4, 2020 and July 25, 2020 must include an affirmative pleading that the subject property is not subject to CARES Act eviction protections. A new state law also requires landlords to provide 30 days’ notice before raising rent or not renewing a lease.
Utility Shutoff Protections: No statewide policy, but the Idaho Public Utilities Commission has published a list of potential utility payment assistance resources, organized by county.
Eviction Protections: Pursuant to executive orders by Governor JB Pritzker, enforcement of residential eviction orders is suspended for the duration of his disaster proclamation related to the coronavirus pandemic, which currently lasts until May 29, 2020.
Utility Shutoff Protections: The Illinois Commerce Commission has halted service disconnections and the threat of disconnections during the public health emergency. The order also called upon utilities to suspend late fees until May 1, 2020 or until the emergency has passed.
Mortgage/Foreclosure Relief: No statewide policy, but the Illinois Department of Financial and Professional Regulation has strongly urged all banks and credit unions to offer borrowers impacted by COVID-19 up to 90 days of deferral on their mortgage payments, among other protective measures.
Eviction Protections: Pursuant to an executive order, evictions are suspended for the duration of the state of emergency arising from the coronavirus outbreak, which currently extends to June 4, 2020. The Indiana Supreme Court had issued orders granting trial courts emergency relief to postpone in-person proceedings at their discretion through May 30, 2020, which should cover evictions, though courts are still accepting new filings.
Utility Shutoff Protections: Pursuant to an executive order, utility shutoffs are prohibited during the state of emergency.
Mortgage/Foreclosure Relief: Pursuant to an executive order, foreclosures are suspended for the duration of the state of emergency. The Indiana Supreme Court has issued orders granting trial courts emergency relief to postpone in-person proceedings at their discretion through May 30, 2020, which should cover foreclosures, though courts are still accepting new filings. The Indiana Housing and Community Development Authority (IHCDA) also reopened a US Treasury-funded mortgage assistance program called the Hardest Hit Fund, which can provide up to six months of relief or $30,000 to qualifying homeowners. Further, the IHCDA has issued a policy providing that certain rental property owners impacted by COVID-19 can defer principal payments on their mortgage loans from May 1, 2020 through April 30, 2021.
Eviction Protections: Pursuant to an order by Governor Kim Reynolds, landlords cannot evict tenants or end their rental agreements for the duration of the proclamation of disaster emergency related to COVID-19, currently set to expire May 27, 2020. The Iowa Supreme Court has also ordered that any new non-emergency eviction cases set to begin before June 15, 2020 shall be continued to a date after that, or conducted via telephone pursuant to judicial discretion.
Utility Shutoff Protections: For the duration of the public health emergency, the Iowa Utilities Board (IUB) has restricted utilities from disconnecting service. However, the IUB has issued guidance allowing for a phase-in of disconnections for municipal electric and natural gas service starting May 28, 2020, and investor-owned natural gas, electric, and water services starting July 1, 2020. The Iowa Department of Human Rights has extended the annual filing deadline for the Low-Income Home Energy Assistance Program (LIHEAP) from April 30, 2020 to June 30, 2020 due to the coronavirus outbreak.
Mortgage/Foreclosure Relief: Pursuant to an order by Governor Kim Reynolds, new foreclosure proceedings cannot be commenced and existing foreclosure cases cannot be pursued for the duration of the proclamation of disaster emergency, currently set to expire May 27, 2020.
Eviction Protections: Pursuant to an executive order, all eviction proceedings are suspended until the earlier of May 31, 2020, or when the state of emergency related to the coronavirus pandemic ends.
Utility Shutoff Protections: The Kansas Corporation Commission has ordered all utilities under its jurisdiction to suspend disconnections for nonpayment associated with hardship arising from COVID-19 through May 31, 2020, and encouraged utilities not under its jurisdiction to do the same. The Commission has also issued an order mandating that all utilities under its jurisdiction offer payment plans and waive late fees through the end of 2020. However, collection activities may resume June 1, 2020. The Low Income Energy Assistance Program (LIEAP) is open for enrollment through May 29, 2020.
Mortgage/Foreclosure Relief: Pursuant to an executive order, all foreclosure proceedings are suspended until the earlier of May 31, 2020, or when the state of emergency ends.
Eviction Protections: On March 25, 2020, Governor Andy Beshear suspended all evictions in Kentucky for the duration of the coronavirus emergency. The Kentucky Supreme Court has also suspended all non-emergency proceedings through May 31, 2020 via emergency order, and will not accept new eviction filings until 30 days after its emergency order expires. As of mid-May, the Supreme Court has not yet announced guidance on what will happen in eviction cases when courts reopen in a limited capacity on June 1, but this is expected soon.
Utility Shutoff Protections: The Kentucky Public Service Commission has ordered all utilities under its jurisdiction to cease shutoffs due to non-payment. Utilities must waive late payment charges.
Mortgage/Foreclosure Relief: No statewide policy, but the Kentucky Supreme Court has suspended all non-emergency proceedings through May 31, 2020 via emergency order, which could delay foreclosure matters. The Supreme Court has not yet provided guidance on what will happen in foreclosure cases when courts reopen in a limited capacity on June 1.
Eviction Protections: Due to COVID-19, Governor John Bel Edwards has suspended the deadlines in all legal proceedings, which include evictions, until at least June 5, 2020.
Utility Shutoff Protections: The Louisiana Public Service Commission has ordered all utilities in the state to suspend the termination of services.
Mortgage/Foreclosure Relief: The deadlines in all legal proceedings, including foreclosure cases, have been suspended until at least June 5, 2020.
Eviction Protections: Unless otherwise ordered by the court, evictions and other landlord-tenant matters will not be scheduled or heard through May 30, 2020, pursuant to an order by the Maine Supreme Judicial Court. In addition to the Court’s order, Governor Janet Mills has issued an executive order effective April 16, 2020 through 30 days after the end of the coronavirus emergency (unless the order is rescinded sooner), prohibiting evictions for nonpayment of rent and extending the timeframes for the eviction process. The Governor also partnered with MaineHousing to form a new rental assistance relief program for renters impacted by COVID-19, who may be eligible for one-time aid payments of up to $500 based on their income.
Utility Shutoff Protections: Utilities may not disconnect customers until further notice, pursuant to an order by the Maine Public Utilities Commission.
Mortgage/Foreclosure Relief: Unless otherwise ordered by the court, no foreclosure proceedings will be scheduled or heard through May 30, 2020. The Governor has also sent letters to banking and credit union associations strongly urging them to work proactively with borrowers impacted by the pandemic, and to avoid initiating or progressing any foreclosure actions.
Eviction Protections: Pursuant to an order of the governor, 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. The Court of Appeals of Maryland has also issued an order staying all eviction proceedings, and does not require a showing of hardship related to the pandemic.
Utility Shutoff Protections: Pursuant to an order of the governor, no utility can disconnect customers or collect late fees for the duration of the coronavirus emergency.
Mortgage/Foreclosure Relief: Pursuant to an order of the governor, no residential mortgage foreclosures may be initiated for the duration of the coronavirus emergency. The Court of Appeals of Maryland has also issued an order staying all foreclosure proceedings.
Eviction Protections: The Massachusetts legislature has passed a law effective April 20, 2020 suspending most evictions and prohibiting the imposition of late fees until 45 days after the state of emergency related to the coronavirus pandemic is lifted or August 18, 2020, whichever is sooner.
Utility Shutoff Protections: Utilities may not disconnect customers based on non-payment or partial non-payment until the state of emergency is lifted, unless the Massachusetts Department of Public Utilities orders otherwise.
Mortgage/Foreclosure Relief: The Massachusetts legislature has passed a law effective April 20, 2020 suspending most foreclosures until 45 days after the state of emergency related to the coronavirus pandemic is lifted or August 18, 2020, whichever is sooner. Lenders are also required to issue a 180-day forbearance to borrowers experiencing financial hardship due to COVID-19 under the new law.
Eviction Protections: Pursuant to an executive order, evictions have been suspended through at least June 11, 2020 due to the coronavirus outbreak.
Utility Shutoff Protections: The Michigan Public Service Commission has ordered utilities under its jurisdiction to issue a 30-day medical hold on disconnecting customers who have been exposed to COVID-19, infected by COVID-19, or quarantined due to COVID-19. Utilities must waive deposits and reconnection fees for customers who have suffered financial hardships related to COVID-19. (Municipal utilities have been asked to voluntarily provide the protections above.) Utilities also must offer flexible payment plans to these customers. Utilities may not shut off water services.
Mortgage/Foreclosure Relief: The Governor has issued an executive order extending the tax foreclosure deadline from March 31, 2020 to the later of May 29, 2020 or 30 days after the state of emergency related to the coronavirus pandemic ends. The Michigan Department of Health & Human Services also offers homeowners up to $2,000 in emergency assistance with mortgage payments, property taxes, and other housing-related items. Certain financial institutions have joined a MiMortgage Relief Partnership, pledging to offer a 90-day grace period on mortgage payments to borrowers affected by COVID-19. Participating institutions also will waive mortgage-related late fees and charges for 90 days, and will forego new foreclosures for 60 days.
Eviction Protections: Pursuant to an executive order, evictions have been suspended for the duration of the coronavirus emergency.
Utility Shutoff Protections:The Public Utilities Commission and Department of Commerce have sent a joint letter to all Minnesota public utilities requesting that they extend the Cold Weather Rule past its standard expiration date of April 15, 2020, in addition to waiving late fees and arranging payment plans for customers affected by the COVID-19 pandemic. Many utilities have agreed to this request, but compliance is voluntary.
Mortgage/Foreclosure Relief: The executive order that suspends evictions also suspends foreclosures until the state of emergency is lifted.
Eviction Protections: Pursuant to an executive order, evictions have been suspended until June 1, 2020, but they are expected to resume on that date.
Utility Shutoff Protections: Pursuant to a Mississippi Public Service Commission Order, public utilities may not disconnect customers for a period that has been extended through May 26, 2020. This order applies to all public utilities, including those that do not normally fall under the jurisdiction of the Public Service Commission.
Eviction Protections: There is no statewide moratorium on evictions. The Missouri Supreme Court ordered courts in the state to suspend or postpone almost all in-person proceedings through May 15, 2020, which might have delayed eviction cases. However, the Supreme Court has issued an order and operational directives to help courts throughout Missouri establish localized plans for resuming limited in-person hearings as of May 16, 2020 if they meet certain gateway criteria. The first phase will involve in-person hearings in the most extraordinary, pressing, and urgent cases, and it will last for at least two weeks.
Utility Shutoff Protections: None currently, but check the Missouri Public Service Commission website for updates. Some utilities are voluntarily discontinuing shutoffs, other utilities are reconnecting customers who have been disconnected, and still other utilities are taking minimal or no actions.
Mortgage/Foreclosure Relief: There is no statewide moratorium on foreclosures. The Missouri Supreme Court ordered courts in the state to suspend or postpone almost all in-person proceedings through May 15, 2020, which might have delayed foreclosure cases. However, the Supreme Court has issued an order and operational directives to help courts throughout Missouri establish localized plans for resuming limited in-person hearings as of May 16, 2020 if they meet certain gateway criteria. The first phase will involve in-person hearings in the most extraordinary, pressing, and urgent cases, and it will last for at least two weeks.
Eviction Protections: Pursuant to an order of the governor, evictions due to nonpayment of rent have been suspended due to the coronavirus emergency. Landlords also cannot increase rent, charge late fees, refuse to renew or extend a tenancy, or take other measures in retaliation for nonpayment of rent. These protections are in place through May 24, 2020 to tenants except for individuals who are sheltering at home because they are members of vulnerable populations; for these renters, the eviction protections will end 30 days after they cease sheltering at home or the emergency ends, whichever is earlier. The Montana Department of Commerce has also established a limited rent assistance program for qualifying families with minor children. This will remain in effect for the duration of the coronavirus emergency.
Utility Shutoff Protections: Businesses and political subdivisions of the state government cannot disconnect customers or charge late fees due to non-payment, pursuant to the same order that suspended evictions. The Montana Public Service Commission website contains information regarding individual utility companies.
Mortgage/Foreclosure Relief: Foreclosures have been suspended through May 24, 2020, pursuant to the same order that halted evictions. For individuals who are sheltering at home because they are members of vulnerable populations, the foreclosure protections will end 30 days after they cease sheltering at home or the emergency ends, whichever is earlier.
Eviction Protections: Evictions have been suspended through May 31, 2020 pursuant to an order of the governor made in response to the coronavirus pandemic. These protections will not be extended.
Utility Shutoff Protections: None imposed by the state, but some utility providers are voluntarily refraining from disconnecting customers during the emergency. The Nebraska Public Service Commission website contains information regarding individual utility companies.
Eviction Protections: A directive of the governor has placed a moratorium on evictions until the COVID-19 state of emergency is lifted.
Utility Shutoff Protections: None imposed by the state, but NV Energy is voluntarily refraining from disconnecting customers during the emergency. The Nevada Public Utilities Commission website contains information regarding individual utility companies, some of which are offering deferred payment options and flexible payment plans.
Mortgage/Foreclosure Relief: The same order that placed a moratorium on evictions has provided a 90-day grace period on mortgage payments.
Eviction Protections: Pursuant to an order of the governor, no eviction proceedings may be initiated and no eviction orders may be issued or enforced during the state of emergency arising from the coronavirus outbreak.
Utility Shutoff Protections: Pursuant to another order of the governor, utilities may not disconnect electric, gas, water, or telephone services.
Mortgage/Foreclosure Relief: Foreclosures are suspended pursuant to the same order that suspends evictions.
Eviction Protections: An executive order issued by Governor Phil Murphy has prohibited removing tenants from residential properties during the state of emergency and for up to two months thereafter. Moreover, judgments for possession, writs of possession, and warrants of removal may not be enforced during this period. The Supreme Court of New Jersey has cancelled all landlord-tenant trials through May 31, 2020, but settlement negotiations, motions, and other case proceedings may continue. A tenant can ask for a security deposit to be credited toward rent payments for up to two months after the end of the state of emergency.
Utility Shutoff Protections: All public electric and gas utilities in the state have voluntarily suspended shutoff orders until further notice. In a joint statement, the New Jersey Department of Community Affairs, Department of Environmental Protection, and Board of Public Utilities have urged all public and private water utility companies to suspend shutoffs for nonpayment in light of the COVID-19 pandemic.
Mortgage/Foreclosure Relief: Foreclosures have been suspended for the same period as evictions, pursuant to the same executive order. The Supreme Court of New Jersey has also issued an order stating that the Office of Foreclosure will not review or recommend motions or judgments received from March 1, 2020 onward until further notice. On March 28, 2020, Governor Murphy also announced that over 40 major financial institutions had agreed to provide eligible borrowers who have been impacted by the coronavirus emergency with up to 90 days of forbearance on mortgage payments, as well as no late fees. New foreclosures will also be suspended for 60 days, and borrowers taking advantage of COVID-19 mortgage relief will not be subject to negative credit reporting. Municipalities are permitted to extend the grace period for May 1 property tax payments to June 1.
Eviction Protections: The New Mexico Supreme Court temporarily paused evictions of tenants who can show that they are currently unable to pay rent at an eviction hearing. These are generally held by video or phone, unless the parties request an in-person hearing.
Utility Shutoff Protections: Utilities may not disconnect customers during the COVID-19 state of emergency, pursuant to an order by the New Mexico Public Regulation Commission.
Mortgage/Foreclosure Relief: No statewide policy, but homeowners facing foreclosure can call the New Mexico COVID-19 hotline at (833) 551-0518 for advice.
Eviction Protections: Governor Andrew Cuomo has extended a moratorium on evictions until August 20, 2020. Moreover, the state indefinitely suspended all ongoing eviction proceedings and eviction orders on March 16, 2020.
Utility Shutoff Protections: Major electric, gas, and water utilities are suspending shutoffs during the emergency.
Mortgage/Foreclosure Relief: Foreclosures were suspended for 90 days on March 20, 2020, and banks will waive mortgage payments during the same period.
Eviction Protections: The North Carolina Supreme Court has suspended all non-emergency proceedings until June 1, 2020 in light of the coronavirus pandemic. Governor Roy Cooper has issued an executive order highlighting that the Court’s order encompasses eviction proceedings, and clarifying that no new eviction proceedings can take place until the Court’s order expires.
Utility Shutoff Protections: Utility shutoffs have been suspended, reconnection of disconnected customers has been allowed, and late fees have been waived during the state of emergency, pursuant to an order by the North Carolina Utilities Commission. This order was based on an executive order that placed a 60-day moratorium on utility shutoffs and the collection of late fees and penalties, which will expire at the end of May.
Mortgage/Foreclosure Relief: Foreclosure proceedings should generally be suspended until June 1, 2020 under the same court order that halted evictions. The Governor’s executive order also urges, but does not require, banks and lenders to offer mortgage relief measures such as a 180-day forbearance period to borrowers impacted by COVID-19.
Eviction Protections: Eviction proceedings can resume, but a temporary measure remains in place that extends the deadline to hold a hearing from 15 days to 45 days.
Utility Shutoff Protections: No specific COVID-19 provisions, but the Lifeline Program is available for those who need financial assistance with phone or internet service. The Public Service Commission also has a number of existing rules in place to protect North Dakotans who may have difficulty paying their residential utility bills.
Eviction Protections: The Supreme Court of Ohio has provided guidance (but not a requirement) stating that local courts should temporarily postpone eviction filings, pending eviction proceedings, and scheduled move-outs, except in the instances where allegations of domestic violence are involved. In addition, on March 27, 2020, Governor Mike DeWine signed H.B. 197, which includes a provision that temporarily tolls any criminal, civil, or administrative time limitation under the Ohio Revised Code that is set to expire between March 9, 2020 and July 30, 2020. The Supreme Court of Ohio issued an order that compliments H.B. 197 and temporarily tolls the time requirements established by all Supreme Court-promulgated rules that are set to expire during this same timeframe.
Utility Shutoff Protections: Many utility companies have pledged not to disconnect service during the coronavirus emergency. The Public Utilities Commission of Ohio has encouraged utilities to review their policies to ensure continuity of service during the emergency. Water utilities are banned from disconnecting service during the state of emergency (through as long as December 31, 2020) under an order issued by the Ohio EPA, pursuant to H.B. 197.
Mortgage/Foreclosure Relief: The Supreme Court of Ohio has provided guidance encouraging local courts to temporarily postpone the execution of foreclosure judgements, except in the instances where allegations of domestic violence are involved.
Eviction Protections: Governor Kate Brown issued a temporary moratorium on evictions and terminations of rental agreements on the basis of nonpayment. The moratorium is currently effective for 90 days from April 1, 2020 unless the Governor terminates or extends it.
Utility Shutoff Protections: The Oregon Public Utility Commission has reported that energy utilities, landline telecommunications carriers, and water utilities that it regulates have suspended service disconnections and late fees during the COVID-19 emergency.
Mortgage/Foreclosure Relief: A number of proposals are being considered and there are pre-COVID-19 programs available to assist homeowners.
Eviction Protections: On May 7, 2020, Governor Tom Wolf issued an executive order that protects Pennsylvanians from foreclosures or evictions through July 10, 2020.
Utility Shutoff Protections: The Pennsylvania Public Utility Commission has temporarily suspended termination of all electric, natural gas, water, wastewater, telecommunications, and steam utility service for the duration of the COVID-19 emergency by utility entities subject to its jurisdiction.
Mortgage/Foreclosure Relief: On May 7, 2020, Governor Tom Wolf issued an executive order that protects Pennsylvanians from foreclosures or evictions through July 10, 2020.
Eviction Protections: Pursuant to an order issued by the Rhode Island Supreme Court on May 15, 2020, the District Court may begin adjudicating eviction matters after June 1, 2020, giving priority to cases pending for the greatest amount of time.
Utility Shutoff Protections: In response to the COVID-19 emergency, the Public Utilities Commission directed all electric, gas, water, and wastewater utilities regulated by the Commission to cease certain collections activities, including service terminations for nonpayment. The Commission has extended the moratorium through May 31, 2020 and will meet on May 28 to consider extending or modifying the moratorium.
Eviction Protections: The Supreme Court of South Carolina issued an order on April 30, 2020 that allowed evictions to resume on May 15, 2020.
Utility Shutoff Protections: The Public Service Commission of South Carolina has temporarily suspended the disconnection of all regulated utility customers for nonpayment. On May 7th, 2020, the Public Service Commission issued an order that temporarily waives regulations on Deferred Payment Plans so that utilities can offer customers greater flexibility and terms longer than six months to pay arrearages on their utility bills. On May 13, 2020, Governor Henry McMaster sent a letter to the Office of Regulatory Staff requesting that providers of utility services proceed with developing and implementing plans for phasing in normal business operations, while working with customers who need assistance to refer them to local organizations or arrange payment plans that will avoid or minimize penalties and service interruptions.
Mortgage/Foreclosure Relief: The Supreme Court of South Carolina issued an order on April 30, 2020, that allowed foreclosure hearings, foreclosure sales, and other foreclosure-related proceedings to resume on May 15, 2020.
Eviction Protections: There is no statewide policy, but nonprofit, business, and local government leaders in the Sioux Falls area have created the One Sioux Falls Fund for residents of the Sioux Falls MSA (Minnehaha, Lincoln, McCook, and Turner Counties) to access rent payment assistance if they are experiencing hardship due to the COVID-19 pandemic.
Utility Shutoff Protections: Utility providers such as the Montana-Dakota Utilities Company have implemented a moratorium on service disconnections and are temporarily waiving late fees and interest.
Eviction Protections: Due to the coronavirus pandemic, the Supreme Court of Tennessee has temporarily prohibited court officials from acting on matters involving eviction, ejectment, or other displacement from a residence based upon the failure to make a rent, loan, or other similar payment except for extraordinary circumstances. This protection extends through May 31, 2020.
Utility Shutoff Protections: All natural gas, electric, water, and wastewater public utilities have suspended the disconnection of service for non-payment until the state of emergency in Tennessee expires or is formally lifted. Any customer of a regulated natural gas, electric, water, or wastewater public utility whose service was disconnected for lack of payment on or after March 12, 2020 shall be reconnected at no charge.
Mortgage/Foreclosure Relief: The Supreme Court of Tennessee has temporarily prohibited court officials from acting on matters involving eviction, ejectment, or other displacement from a residence based upon the failure to make a rent, loan, or other similar payment except for extraordinary circumstances. This protection extends through May 31, 2020.
Eviction Protections: Pursuant to an order issued by the Supreme Court of Texas, beginning May 19, 2020, eviction proceedings resumed and deadlines were no longer tolled, and beginning May 26, 2020 warnings may be posted and writs of possession may be executed. For eviction proceedings filed from March 27 through July 25, 2020, a sworn petition must state that the premises are not subject to the moratorium on evictions imposed by section 4024 of the CARES Act.
Utility Shutoff Protections: On May 14, 2020, the Public Utility Commission (PUC) of Texas extended to June 13, 2020 the suspension of disconnections for nonpayment by vertically integrated electric utilities outside of ERCOT (namely Entergy, El Paso Electric, SPS and SWEPCO) and water and sewer utilities regulated by the PUC. This does not impact the May 15, 2020 expiration of the moratorium on late fees for residential customers. For electricity customers in the areas of Texas that are open to retail competition, there is a program called the COVID-19 Electricity Relief Program, which (1) offers a deferred payment plan to any residential customer who requests one and (2) suspends disconnections for residential customers who have been added to the state’s unemployment and low income list due to the effects of COVID-19. This program is scheduled to expire on July 17, 2020.
Mortgage/Foreclosure Relief: No statewide policy, but private lenders and servicers have offered to work with borrowers.
Eviction Protections: Gary Herbert’s executive order suspending evictions of tenants impacted by COVID-19 expired on May 15, 2020.
Utility Shutoff Protections: Rocky Mountain Power (which serves Utah) has temporarily suspended nonpayment disconnections and will work with customers who are impacted economically by COVID-19 by waiving late fees and providing payment plans.
Eviction Protections: On May 14, 2020, Governor Phil Scott signed bill S. 333 which suspends eviction and foreclosure actions until 30 days after the end of the Governor’s declared state of emergency, with limited exceptions. On May 15, 2020, the Governor announced that the state of emergency has been extended to June 15, 2020. In addition, the Vermont Supreme Court has extended the current judicial emergency through September 1, 2020, with the expansion of some judicial operations to begin on June 1, 2020.
Utility Shutoff Protections: The Vermont Public Utilities Commission has ordered a temporary halt of disconnections of utility service due to nonpayment of electricity, natural gas, water, and telecommunication bills through May 31, 2020.
Mortgage/Foreclosure Relief: On May 14, 2020, Governor Phil Scott signed bill S. 333 which suspends eviction and foreclosure actions until 30 days after the end of the Governor’s declared state of emergency, with limited exceptions. On May 15, 2020, the Governor announced that the state of emergency has been extended to June 15, 2020. In addition, the Vermont Supreme Court has extended the current judicial emergency through September 1, 2020, with the expansion of some judicial operations to begin on June 1, 2020.
Eviction Protections: The Supreme Court of Virginia has extended the judicial emergency through June 7, 2020, though effective May 18, 2020, all courts may hear in-person non-emergency matters. On May 19, 2020, Governor Ralph Northam highlighted new initiatives to protect Virginians from eviction and foreclosure, including StayHomeVirginia.com, a website for tenants and homeowners affected by the COVID-19 pandemic. The Northam administration has also worked with the Virginia Housing Development Authority to provide a three-month mortgage deferral for those experiencing economic hardship; landlords who have had their Virginia Housing-backed mortgage deferred must pass this deferral on to their tenants. The Governor also recently signed two bills that provide relief for tenants: House Bill 1420, which caps late fees on rent, and House Bill 340, which delays rental evictions for individuals who are not currently covered under the protections offered through the federal CARES Act or state and local protections. On March 30, 2020, Governor Ralph Northam issued an executive order effective through June 10, 2020 stating that “All relevant state agencies shall continue to work with all housing partners to execute strategies … to assist Virginians in avoiding evictions or foreclosures.”
Utility Shutoff Protections: The Virginia State Corporation Commission (SCC) has ordered a suspension of electricity, gas, water, and sewer utility service disconnections through June 14, 2020. For customers whose payment arrearages are due to the coronavirus emergency, the SCC has also ordered that late payment fees not be assessed.
Mortgage/Foreclosure Relief: The Supreme Court of Virginia has extended the judicial emergency through June 7, 2020, though effective May 18, 2020, all courts may hear in-person non-emergency matters. On May 19, 2020, Governor Ralph Northam highlighted new initiatives to protect Virginians from eviction and foreclosure, including StayHomeVirginia.com, a website for tenants and homeowners affected by the COVID-19 pandemic. The Northam administration has also worked with the Virginia Housing Development Authority to provide a three-month mortgage deferral for those experiencing economic hardship, though landlords who have had their Virginia Housing-backed mortgage deferred must pass this deferral on to their tenants. The Governor also recently signed House Bill 340, which delays mortgage foreclosures for individuals who are not currently covered under the protections offered through the federal CARES Act or state and local protections. On March 30, 2020, Governor Ralph Northam issued an executive order effective through June 10, 2020 stating that “All relevant state agencies shall continue to work with all housing partners to execute strategies … to assist Virginians in avoiding evictions or foreclosures.”
Eviction Protections: In response to the coronavirus pandemic, Governor Jay Inslee issued a statewide moratorium on evictions, late fees, and rent increases until June 4, 2020.
Utility Shutoff Protections: Governor Jay Inslee issued a proclamation on May 5, 2020, that prohibits all energy, telecommunications, and water utilities in Washington from disconnecting certain residential utilities and from charging related late payment and reconnection fees until May 31, 2020.
Mortgage/Foreclosure Relief: On March 20, 2020, Washington State Department of Financial Institutions urged residential mortgage loan servicers to provide a range of relief to homeowners, including postponing foreclosures for 90 days. Homeowners in distress may call the Washington State Department of Financial Institutions at (877) 746-4334 to get assistance regarding how best to contact their mortgage servicer, and to learn more about their options.
Eviction Protections: On May 6, 2020, the Supreme Court of Appeals of West Virginia issued an order allowing in-person hearings or proceedings to resume in West Virginia courts on or after May 18, 2020. The Court also issued a set of operational protocols for West Virginia courts to mitigate public health risks as they work to return to normal operations.
Utility Shutoff Protections: The Public Service Commission of West Virginia has issued an order urging utilities to halt disconnections in light of the coronavirus pandemic, and major utilities have agreed to this request.
Mortgage/Foreclosure Relief: On May 6, 2020, the Supreme Court of Appeals of West Virginia issued an order allowing in-person hearings or proceedings to resume in West Virginia courts on or after May 18, 2020. The West Virginia Housing Development Fund may have loss mitigation options available for its homeowner customers affected by COVID-19.
Eviction Protections: As of March 27, 2020 evictions are banned for 60 days pursuant to an emergency order by Governor Tony Evers.
Utility Shutoff Protections: Pursuant to a March 24, 2020 order by the Public Service Commission of Wisconsin, all regulated utilities in the state must take specific actions in response to the COVID-19 emergency, including suspending utility disconnection for nonpayment for all customers, suspending late fees, and allowing deferred payment agreements for all customers who request them.
Mortgage/Foreclosure Relief: As of March 27, 2020 foreclosures are banned for 60 days pursuant to an emergency order by the Governor.
Eviction Protections: Pursuant to an order by the Supreme Court of Wyoming, most non-emergency in-person state court proceedings have been suspended through August 3, 2020, which should delay eviction proceedings. Note that remote proceedings may still occur, subject to judicial discretion.
Utility Shutoff Protections: Pursuant to an order by the Public Service Commission of Wyoming, all public utilities are directed to suspend discontinuation of service and the imposition of late fees in light of the coronavirus emergency.
Mortgage/Foreclosure Relief: Pursuant to an order by the Supreme Court of Wyoming, most non-emergency in-person state court proceedings have been suspended through August 3, 2020, which should delay foreclosure proceedings. Note that remote proceedings may still occur, subject to judicial discretion.
