The Consumer Financial Protection Bureau “CFPB” announced effective May 3, 2021 as part of the CDC Eviction Moratorium and the Fair Debt Collection Practices Act “FDCPA” that the additional disclosures must be made to tenants with any nonpayment of rent notice or notice to terminate tenancy. We have reviewed the language and believe the language provided below is the most appropriate and provides the most protection for landlords based upon the CFPB’s new requirement. Additional information regarding this decision and the suggested language options can be found at: https://files.consumerfinance.gov/f/documents/cfpb_debt-collection_sample_covid-19_tenant_eviction_protection_disclosure_language.pdf We strongly urge and suggest that you include the following...
Pima County Rental Assistance Updates
The City of Tucson and Pima County Eviction Prevention Program is facing a backlog of over 5000 applications. As a result, the program anticipates a minimum of 2 to 3 months will be needed to distribute funds to the outstanding 5000 applicants on the waitlist before new applications can be processed. (The City and County expect to process approximately 400 applications per week .) As it stands approximately $66,000 of the $31 million in rental assistance has been distributed. For information on the Program go to: https://tucsonpimaep.com/
Pima County Board of Supervisors Provide Legal Assistance for Tenants
Tuesday the Pima County Board of Supervisors approved allotting and spending up to $2 million dollars of the federal rental assistance money allocated to Pima County (approximately $31 million) to provide legal counsel for tenants at risk of eviction due to unpaid rent or other material noncompliance of the lease agreement. While we understand the concern over evictions, for nonpayment of rent there are essentially two legal defenses. The tenant paid the rent. The tenant provided the landlord with notice of a needed repair and deducted the amount of the repair from rent (up to $300). We are concerned the...
Challenging a CDC Declaration
As time moves forward and the courts as well as those of us in the Property Management Industry become more familiar with the CDC Declaration often submitted by tenants the details of how to handle a challenge to this Declaration have become more clear. Attached below is a form we created in our office to assist us in determine if and when a Challenge to a CDC Declaration should be filed while providing us with the necessary information to include in a Motion to Challenge a CDC Declaration. landlord stmt re cdc
COVID Eviction Updates
Funding and Website for Rental Assistance Pima County and the City of Tucson have rolled out a website to provide funding and information to Landlords and Tenants due to the COVID Pandemic. Link below: https://tucsonpimaep.com/ The City/County have received $51 million for rental assistance. The website has to date only had a “soft” opening, but there is already a wait list. We encourage all eligible tenants and landlords to review the information provided on this site. Case Update The Texas Courts issued a ruling on one of the more prominent cases challenging the CDC Eviction Moratorium on February 25,...
Pima County to Remove Tenants from Waitlist for Assistance if Action is not Taken
Regarding Eviction Prevention Assistance Funding: On Friday, March 5, at 10 a.m. all current waitlist Tenants & Landlords will be sent a REQUIRED ELIGIBILITY FORM. In order to stay on the waiting list, Tenants must complete this REQUIRED ELIGIBILITY FORM within five business days, by March 11, 2021 OR they will be put on inactive status for Rental Assistance. If it is sent to the Landlord, you MUST forward it to the tenant to complete. Please connect with any resident who is delinquent before March 11th and assist them in completing this information or adding them to the waitlist...
App to Help Arizona Tenants find Resources
Arizona has launched an Eviction Prevention and Rental Assistance App to help Arizona residents find statewide rental assistance resources. COVID Information and Referrals The app is available for both English and Spanish Speakers. Through the above links, tenants can find resources available depending on their zip code and the type of assistance needed (rent, utilities, food etc.) The program is linked to Arizona’s 211 Crisis Hotline Program. For residents who have hearing issues they may use Arizona Relay (800-367-8939) and dial 877-221-8661 for assistance.
Pima County Board of Supervisors Action Puts Communities at Risk
On February 2, 2021 the Pima County Board of Supervisors addressed an agenda item titled eviction prevention. There was no information provided in writing, thereby making it impossible for the public to address the topic in writing prior to the meeting, and a vote was taken on an oral motion. Pursuant to this oral motion the Pima County Board of Supervisors voted to extend CDC Eviction Moratorium Protection to tenants being evicted for noncompliance issues unless the issue was criminal activity. The Property Management and Landlord community has been busy trying to determine what happened and why. While many people,...