Covid-19 Housing Protections: Moratoriums Have Helped Limit Evictions, but Further Outreach Is Needed
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United States Government Accountability Office
Report to Congressional Committees
COVID-19 HOUSING
March 2021
PROTECTIONS
Moratoriums Have
Helped Limit
Evictions, but Further
Outreach Is Needed
GAO-21-370
March 2021
COVID-19 HOUSING PROTECTIONS
Moratoriums Have Helped Limit Evictions, but Further
Outreach Is Needed
Highlights of GAO-21-370, a report to
congressional committees
Why GAO Did This Study What GAO Found
Millions of renters and property owners Eviction moratoriums at the federal, state, and local levels reduced eviction filings
continue to experience housing during the COVID-19 pandemic; however, some eligible renters may not have
instability and financial challenges benefitted from a recent federal moratorium. GAO’s analysis of 63 jurisdictions
during the COVID-19 pandemic. To found that the median rate of eviction filings was about 74 percent lower in the
address these concerns, Congress and last week of July 2020—when a moratorium included in the CARES Act
CDC created eviction moratoriums, expired—than in the same week in 2019. Eviction filings remained lower
and Congress appropriated $25 billion throughout 2020 (relative to 2019) but gradually increased during a separate
to Treasury to disburse to state and moratorium ordered by the Centers for Disease Control and Prevention (CDC) in
local grantees to administer
September 2020 (see fig.). During this moratorium, jurisdictions without separate
emergency rental assistance programs
state or local moratoriums experienced larger increases in eviction filings, which
to help those behind on their rent.
suggests that some renters may not fully understand how to use the CDC
The CARES Act includes a provision moratorium (completing required documentation). CDC extended its moratorium
for GAO to monitor federal efforts through March 31, 2021, but has taken few steps to promote awareness and
related to COVID-19. This report understanding of the moratorium and its requirements. Clear, accurate, and
examines, among other objectives, (1) timely information is essential to keep the public informed during the pandemic.
how eviction moratoriums have Without a communication and outreach plan, including federal coordination, CDC
contributed to housing stability during will be missing an opportunity to ensure that eligible renters avoid eviction.
the pandemic and (2) Treasury’s
implementation of the Emergency Year-over-Year Percentage Change in Eviction Filings in 63 Jurisdictions
Rental Assistance program.
GAO analyzed data on eviction filings
and local policies in a sample of 63
jurisdictions (selected based on data
availability) from January to December
2020. GAO also analyzed Census
Bureau survey data on rental
payments and data from federal
housing entities on mortgage
forbearance. GAO interviewed officials
from CDC, Treasury, and organizations
representing renters, property owners,
and rental assistance grantees.
What GAO Recommends
Note: Centers for Disease Control and Prevention’s (CDC) moratorium is active through March 31,
GAO recommends that CDC, in 2021. Local moratoriums include separate state or local eviction moratoriums. Unlike the CARES Act,
coordination with relevant federal CDC’s moratorium does not prohibit eviction filings, which could explain some increases.
entities, implement a communication By late January 2021, Treasury had disbursed 99 percent of the $25 billion in
and outreach plan designed to ensure Emergency Rental Assistance funds to state and other eligible grantees
renters and property owners are aware responsible for making rent and utility payments to recipients. Treasury’s initial
of the agency’s eviction moratorium.
program guidance issued that month did not fully define some program
Department of Health and Human
requirements and included requirements that could have delayed the delivery of
Services disagreed with the
recommendation. GAO continues to funds or deter participation. In late February 2021, Treasury updated its guidance
believe the recommendation is valid, to address several of these concerns, such as by providing grantees with
as discussed in this report. flexibility for prioritizing lower income applicants and allowing written attestation
of income. Although the guidance did not clarify certain data collection and
View GAO-21-370. For more information, spending requirements, officials said they will continue to update guidance to
contact John Pendleton at (202) 512-8678 or address stakeholder concerns and strike a balance between accountability and
pendletonj@gao.gov.
administrative efficiency. GAO will continue to actively monitor these efforts.
United States Government Accountability Office
Contents
Letter 1
Background 5
Eviction Moratoriums Have Helped Limit Evictions, but Awareness
of CDC’s Moratorium May Be Limited 15
Renters and Property Owners Continue to Face Financial
Challenges 19
Treasury’s Updated Guidance for the Emergency Rental
Assistance Program Addresses Some Initial Concerns about
Administrative Challenges 24
Conclusion 30
Recommendation for Executive Action 31
Agency Comments and Our Evaluation 31
Appendix I Comments from the Department of Health and Human Services 35
Appendix II GAO Contacts and Staff Acknowledgments 37
Figures
Figure 1: Timeline of COVID-19 Pandemic-Related Federal
Eviction Moratoriums, March 2020–September 2021 8
Figure 2: Status of Separate U.S. State and Territorial Eviction
Moratoriums (as of March 1, 2021) 9
Figure 3: Overview of Process for Evicting a Tenant from a
Residential Property 13
Figure 4: Percentage Change in Eviction Filings in Selected
Jurisdictions (2019–2020) 16
Figure 5: Comparison between Homeowners and Renters of
Challenges Making Housing Payments (August–
December 2020) 20
Figure 6: Percentage of Federally Backed Multifamily Mortgages
in Forbearance, by Property Size (January–August 2020) 23
Page i GAO-21-370 COVID-19 Housing Protections
Abbreviations
CDC Centers for Disease Control and Prevention
COVID-19 Coronavirus Disease 2019
FHA Federal Housing Administration
enterprises government-sponsored enterprises
HUD Department of Housing and Urban Development
RHS Rural Housing Service
Treasury Department of the Treasury
VA Department of Veterans Affairs
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Page ii GAO-21-370 COVID-19 Housing Protections
Letter
441 G St. N.W.
Washington, DC 20548
March 15, 2021
Congressional Committees
The Coronavirus Disease 2019 (COVID-19) pandemic has resulted in
significant turmoil in the U.S. economy, and has left many citizens without
stable employment income. As a result, millions of U.S. renters have
experienced ongoing challenges meeting their financial obligations,
including rental payments. In December 2020—9 months after the United
States declared a national emergency regarding COVID-19—an
estimated one-third of renters reported only slight or no confidence in
their ability to make their next rent payment. 1
In March 2020, Congress passed the CARES Act, which provided over $2
trillion in emergency assistance and health care response for individuals,
families, and businesses affected by COVID-19. 2 The CARES Act
included several provisions intended to promote housing stability among
renters, including an eviction moratorium that prohibited property owners
from initiating actions to evict tenants for the nonpayment of rent. 3 This
moratorium expired on July 24, 2020.
As the COVID-19 pandemic persisted, federal agencies and Congress
took additional steps to assist renters. In September 2020, the Centers for
Disease Control and Prevention (CDC) issued an order that prohibited
evictions of renters who met certain requirements through December 31,
2020. 4 In late December 2020, Congress passed the Consolidated
Appropriations Act, 2021, which extended the CDC eviction moratorium
1Census Bureau, Measuring Household Experiences during the Coronavirus Pandemic:
Household Pulse Survey – Phase 3 (October 28, 2020 – March 1, 2021). This estimate
had a margin of error of about plus or minus 2 percentage points at the 95 percent
confidence level.
2Pub. L. No. 116-136, 134 Stat. 281 (2020).
3Pub. L. No. 116-136, div. A. §§ 4022–4024, 134 Stat. 281, 490-494 (2020). As discussed
later in this report, the CARES Act created two additional but more limited eviction
moratoriums for multifamily properties under a mortgage forbearance agreement and for
single-family properties in foreclosure.
4Department of Health and Human Services, Centers for Disease Control and Prevention,
Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, 85
Fed. Reg. 55292 (Sept. 4, 2020).
Page 1 GAO-21-370 COVID-19 Housing Protections
through January 31, 2021. 5 On January 29, 2021, CDC further extended
the moratorium through March 31, 2021. 6
The Consolidated Appropriations Act, 2021 also appropriated $25 billion
in emergency rental assistance to the Department of the Treasury
(Treasury) to disburse to eligible state and local grantees by January 26,
2021. 7 Congress previously appropriated and Treasury disbursed $150
billion through the Coronavirus Relief Fund, which some state and local
grantees used to fund rental assistance programs. 8 Although the CARES
Act required that grantees use the funds to cover costs incurred through
December 31, 2020, the Consolidated Appropriations Act, 2021 extended
this deadline to December 31, 2021. 9
The CARES Act includes a provision for us to monitor and oversee the
federal government’s efforts to prepare for, respond to, and recover from
COVID-19. 10 This report examines (1) how eviction moratoriums have
contributed to housing stability during the pandemic, (2) the financial
condition of renters and property owners, and (3) Treasury’s
implementation of the Emergency Rental Assistance program.
To describe how federal eviction moratoriums contributed to housing
stability, we reviewed the CARES Act and CDC’s eviction order and
frequently asked questions. We analyzed data collected by the Federal
Reserve Bank of Cleveland on eviction filings and local moratoriums for a
nongeneralizable sample of 63 jurisdictions the bank selected (based on
data availability) to determine how eviction filings changed during the
pandemic. 11 Specifically, we calculated and analyzed the percentage
change in eviction filings between 2019 and 2020 by week for each
5Pub. L. No. 116-260, div. N, § 502, 134 Stat. 1182, 2078 (2020).
686 Fed. Reg. 8020 (Feb.3, 2021).
7Pub. L. No. 116-260, div. N, § 501,134 Stat. 1182, 2069 (2020).
8Pub. L. No. 116-136, div. A, § 5000(a), 134 Stat. 281, 501 (2020) (codified at 42 U.S.C. §
801).
9Pub. L. No. 116-260, div. N, § 1001, 134 Stat. 1182, 2145 (2020).
10Pub. L. No. 116-136, div. B, § 19010, 134 Stat.281, 579-81 (2020).
11We assessed the reliability of these data by interviewing knowledgeable officials,
conducting data testing, and reviewing supporting documentation. We found these data to
be sufficiently reliable for determining trends in eviction filings.
Page 2 GAO-21-370 COVID-19 Housing Protections
jurisdiction. We used data summarized by the bank on local eviction
policies to categorize and analyze the difference in eviction filings
between jurisdictions with and without active local moratoriums. We also
interviewed 14 researchers and stakeholder groups that represent
renters, homeowners, property owners, and other housing market
interests to obtain their views on the effectiveness of the CARES Act and
CDC moratoriums. 12 We selected these groups based on agency and
stakeholder recommendations to ensure appropriate coverage of affected
parties. We interviewed CDC officials on the agency’s efforts to
implement and oversee the moratorium and compared their efforts
against CDC’s guidelines for communication and outreach during
pandemics.
To describe the financial condition of renters and property owners during
the pandemic, we analyzed data from the Census Bureau and federal
housing entities. To describe the experiences of renters, we analyzed the
Census Bureau’s Household Pulse Survey conducted from August to
December 2020. Specifically, we compared renters and homeowners with
a mortgage across key characteristics, such as employment status, race,
and income. We also compared the extent to which they reported
challenges making housing payments, confidence in their ability to make
housing payments, and fear of facing eviction or foreclosure. 13 To
describe the assistance provided to property owners, we requested and
12These researchers and stakeholder groups were the Brookings Institution, Emily Benfer
(Wake Forest University), Eviction Lab at Princeton University, Falcon Capital Advisors,
Housing Policy Council, Mortgage Bankers Association, National Consumer Law Center,
National Council of State Housing Agencies, National Fair Housing Alliance, National
Housing Law Project, National Housing Resource Center, National Low Income Housing
Coalition, National Multifamily Housing Council, and Terner Center for Housing Innovation
at the University of California Berkeley.
13The Household Pulse Survey, an experimental data product, is an interagency federal
statistical rapid response survey to measure household experiences during the COVID-19
pandemic. The Census Bureau conducts this survey in partnership with five other
agencies from the Federal Statistical System. Response rates over our period of analysis
ranged from 5.3 to 10.3 percent. Census Bureau officials acknowledged there is some
evidence of nonresponse bias, which is partly mitigated by weighting adjustments. All
reported estimates have a relative margin of error of less than 20 percent of the estimate,
and all comparisons are statistically significant at the 95 percent confidence level. All
reported estimates have a relative margin of error of less than 20 percent of the estimate,
and all comparisons are statistically significant at the 95 percent confidence level. We
assessed the reliability of these data by interviewing knowledgeable officials, conducting
data testing, and reviewing supporting documentation. We found these data to be
sufficiently reliable for describing the financial condition and housing stability of renters
and homeowners.
Page 3 GAO-21-370 COVID-19 Housing Protections
analyzed data on forbearances from federal housing entities that
guarantee or securitize multifamily mortgages—the government-
sponsored enterprises Fannie Mae and Freddie Mac (enterprises),
Federal Housing Administration (FHA), and the Rural Housing Service
(RHS). 14 Specifically, we analyzed the percentage of multifamily
forbearances from January to August 2020 in total and across ranges of
rental units to determine how forbearance rates varied based on property
size.
To assess Treasury’s implementation of the Emergency Rental
Assistance program, we reviewed and compared the Consolidated
Appropriations Act, 2021 and Treasury’s guidance on the program. We
interviewed Treasury officials on their initial efforts to administer the
program and reviewed our prior work related to Treasury’s administration
of the Coronavirus Relief Fund. 15 We also interviewed and reviewed the
publications of four stakeholder groups for their views on Treasury’s
administration of both programs. We selected the stakeholder groups to
interview from the 14 we interviewed regarding eviction moratoriums that
were most representative of key parties affected by the Emergency
Rental Assistance program (lower-income renters, property owners, and
rental assistance grantees). 16
We conducted this performance audit from May 2020 to March 2021 in
accordance with generally accepted government auditing standards.
Those standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our
findings and conclusions based on our audit objectives. We believe the
evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives.
14We assessed the reliability of these data by interviewing knowledgeable officials,
conducting data testing, and reviewing supporting documentation. We found these data to
be sufficiently reliable for describing mortgage forbearance rates among multifamily
property owners.
15GAO, COVID-19: Federal Efforts Could Be Strengthened by Timely and Concerted
Actions, GAO-20-701 (Washington, D.C.: Sept. 21, 2020); and COVID-19: Opportunities
to Improve Federal Response and Recovery Efforts, GAO-20-625 (Washington, D.C.:
June 25, 2020).
16The four groups were the National Council of State Housing Agencies, National Housing
Law Project, National Low Income Housing Coalition, and National Multifamily Housing
Council.
Page 4 GAO-21-370 COVID-19 Housing Protections
Background
Pandemic-Related Congress and federal agencies have taken steps to protect the housing
Housing Protections stability of renters and mortgage borrowers during the COVID-19
pandemic through various housing protections. The primary assistance
for renters has been moratoriums that prohibit evictions. 17
The CARES Act includes three eviction moratoriums that covered certain
populations for various lengths of time. Specifically, it includes
moratoriums on eviction for tenants living in
• Federally backed or assisted properties. Section 4024 of the
CARES Act, which expired on July 24, 2020, prohibited evictions of
any tenant living in a property with a federally backed mortgage or in
rental units participating in specified federal programs for the
nonpayment of rent. 18 This section of the CARES Act potentially
covered the greatest number of renter households—an estimated
12.3–20 million (about 28–46 percent of all renter households). 19
• Multifamily properties under mortgage forbearance. Section 4023
of the CARES Act allows mortgage forbearance on federally backed
multifamily mortgages (5 or more units) for up to 90 days and prohibits
evictions for the nonpayment of rent during the duration of the
17In general, the eviction moratoriums were intended to alleviate the economic and public
health challenges of displacement during the pandemic. For example, according to CDC,
eviction moratoriums promote housing stability and can help prevent the spread of
communicable disease by facilitating self-isolation of those who become ill or who are at
risk for severe illness from COVID-19. Eviction moratoriums also limit homelessness,
which increases the likelihood of individuals moving into congregate settings where they
are at higher risk of contracting COVID-19.
18Pub. L. No. 116-136, div. A, § 4024, 134 Stat. at 492. Sections 4024 and 4023 also
prohibit property owners from charging fees associated with nonpayment of rent.
19Federal Reserve Bank of Atlanta, Housing Policy Impact: Federal Eviction Protection
Coverage and the Need for Better Data, accessed February 1, 2021,
https://www.frbatlanta.org/community-development/publications/partners-update/2020/covi
d-19-publications/200616-housing-policy-impact-federal-eviction-protection-coverage-and-
the-need-for-better-data. In general, analyses of affected renter households are based on
the number of units covered under the CARES Act or other pandemic-related legislation or
orders. One rental unit is equivalent to one renter household.
Page 5 GAO-21-370 COVID-19 Housing Protections
forbearance. 20 Although this moratorium only applies to renters in
properties under forbearance, it potentially covers 9.6 million renter
households (about 49 percent of all renter households living in
multifamily rental units). 21 The federal agencies with guaranteed or
direct multifamily loans—RHS and FHA—and the enterprises have
taken various steps to extend multifamily forbearance and related
eviction moratorium provisions. The deadline for properties with FHA-
and RHS-backed multifamily loans to enter an initial CARES Act
forbearance was December 31, 2020 (when Section 4023 expired).
Enterprise-backed loans have until June 30, 2021 to obtain
comparable forbearance through the enterprises’ COVID-19
forbearance programs.
• Single-family properties in foreclosure. Section 4022 of the
CARES Act places a foreclosure and eviction moratorium on single-
family properties (1–4 units) with federally backed mortgages for 60
days. 22 Under the moratorium, owners may not be foreclosed upon
and persons occupying the properties, including renters, may not be
evicted in connection with the foreclosure. It is unclear how many
rental units (or renter households) this moratorium covers because
federal agencies and enterprises generally do not track whether units
are owner- or renter-occupied. However, the Urban Institute has
estimated that about 2.8 million rental units are in single-family
properties covered by the CARES Act (about 12 percent of all single-
family rental units). 23 The enterprises, FHA, RHS, and the Department
of Veterans Affairs (VA) extended the foreclosure-related eviction
moratorium for their loans through June 30, 2021.
On September 1, 2020, CDC issued an order prohibiting evictions
effective September 4, 2020, through December 31, 2020, for certain
20Pub. L. No. 116-136, div. A, § 4023, 134 Stat. at 491. Mortgage forbearance allows
mortgage borrowers to temporarily suspend or reduce their mortgage payments without
penalty.
21This estimate includes properties with mortgages backed by Fannie Mae, Freddie Mac,
and FHA. Urban Institute, The CARES Act Eviction Moratorium Covers All Federally
Financed Rentals—That’s One in Four US Rental Units, accessed February 1, 2021,
https://www.urban.org/urban-wire/cares-act-eviction-moratorium-covers-all-federally-
financed-rentals-thats-one-four-us-rental-units.
22Pub. L. No. 116-136, div. A, § 4022(c)(2), 134 Stat. at 491.
23Urban Institute, The CARES Act Eviction Moratorium Covers All Federally Financed
Rentals—That’s One in Four US Rental Units.
Page 6 GAO-21-370 COVID-19 Housing Protections
renters for nonpayment of rent. 24 CDC published the order about 1 month
after the CARES Act moratorium for federally backed properties (section
4024) had expired. The Consolidated Appropriations Act, 2021 extended
the CDC moratorium through January 31, 2021, and CDC later extended
it through March 31, 2021. 25 Renter households taking advantage of this
moratorium are required to provide their property owner with a form that
declared under penalty of perjury that they met the eligibility criteria in the
order. 26 The moratorium potentially covers up to 44 million renter
households. 27 Figure 1 illustrates the timeline of the federal eviction
moratoriums.
2485 Fed. Reg. 55292 (Sept. 4, 2020). CDC issued the eviction order under the authority
of section 361 of the Public Health Service Act (42 U.S.C. §264) and federal regulations
codified at 42 C.F.R. § 70.2. Under 42 U.S.C. § 264, the Secretary of Health and Human
Services is authorized to take measures to prevent the entry and spread of communicable
diseases from foreign countries into the United States and between its states and
territories. The authority for carrying out these functions has been delegated to the CDC
Director. Citing 42 C.F.R. § 70.2, the CDC stated that it “can take public health measures
to prevent the interstate spread of communicable diseases in the event of inadequate
local controls.” See Centers for Disease Control and Prevention, HHS/CDC Temporary
Halt in Residential Evictions to Prevent the Further Spread of COVID-19: Frequently
Asked Questions (Oct. 9, 2020), at 6. Renters covered under the moratorium include
individuals who expected to earn no more than $99,000 and joint filers who expected to
earn no more than $198,000 in 2020 and who meet additional eligibility criteria regarding
financial hardship and housing instability.
25Pub. L. No. 116-260, div. N, § 502, 134 Stat. at 2078-79 (2020); 86 Fed. Reg. 8020
(Feb. 3, 2021).
26CDC’s order on evictions refers to landlords, owners of a residential property, or other
persons with a legal right to pursue eviction or possessory action, including individuals
and corporations. We refer to these entities as property owners throughout this report.
27This estimate of the number of renter households in the United States is from the 2018
American Community Survey and may include renters who may not qualify for the
moratorium, such as those who exceed the income limitation.
Page 7 GAO-21-370 COVID-19 Housing Protections
Figure 1: Timeline of COVID-19 Pandemic-Related Federal Eviction Moratoriums, March 2020–September 2021
Note: Sections 4022–4024 refer to sections of the CARES Act, and CDC order refers to CDC’s
September 2020 order that prohibited evictions of eligible renters (Temporary Halt in Residential
Evictions to Prevent the Further Spread of COVID-19). The timelines for the section 4023 eviction
moratorium include the agency and enterprise deadlines and the maximum amounts of forbearance
available. For example, the enterprises allow multifamily borrowers to request forbearance through
June 30, 2021 and receive up to 6 months of forbearance.
In addition to the federal eviction moratoriums, a number of states,
territories, and local governments have implemented moratoriums to limit
evictions during the pandemic. As of January 2021, 48 states and
territories had implemented eviction moratoriums through various
executive, legislative, and judicial measures since March 2020. 28 Fifteen
of these moratoriums remain active beyond March 1, 2021. An additional
eight states and territories did not implement moratoriums (see fig. 2).
28See Emily Benfer, et al., COVID-19 Eviction Moratoria by State, Commonwealth, and
Territory, accessible at https://docs.google.com/spreadsheets/u/1/d/e/2PACX-
1vTH8dUIbfnt3X52TrY3dEHQCAm60e5nqo0Rn1rNCf15dPGeXxM9QN9UdxUfEjxwvfTKz
bCbZxJMdR7X/pubhtml.
Page 8 GAO-21-370 COVID-19 Housing Protections
Figure 2: Status of Separate U.S. State and Territorial Eviction Moratoriums (as of March 1, 2021)
Note: State and territorial eviction moratoriums include executive, judicial, and legislative orders that
are separate from federal eviction moratoriums and limit the initiation of evictions, court processes, or
enforcement of eviction rulings.
Assistance to mortgage borrowers during the pandemic generally has
included expanded options for mortgage forbearance, foreclosure
moratoriums, and expanded home retention options (including
forbearance repayment). For single-family borrowers with federally
backed mortgages, section 4022 of the CARES Act requires mortgage
servicers to provide up to 360 days of payment forbearance and
Page 9 GAO-21-370 COVID-19 Housing Protections
prohibited foreclosures. 29 For multifamily borrowers with federally backed
mortgages, section 4023 of the CARES Act requires mortgage servicers
to provide up to 90 days of payment forbearance. 30 Federal agencies, the
enterprises, and the President have taken additional steps to extend the
mortgage forbearance and foreclosure protections. 31 Additionally, the
agencies and enterprises developed home retention and forbearance
repayment options to make repayment of forborne amounts more
affordable by allowing borrowers to repay over time (as opposed to
requiring repayment in a lump sum). 32
29Pub. L. No. 116-136, div. A, § 4022, 134 Stat. at 490. Mortgage servicers, which in
some cases are not the entity that originated the loan, are responsible for managing the
loan, including collecting payments, communicating with borrowers, and maintaining
escrow accounts and insurance. Mortgage servicers earn a fee for acting as the servicing
agent on behalf of the owner of the loan. The foreclosure moratorium prohibited mortgage
servicers of a federally backed mortgage from initiating any judicial or non-judicial
foreclosure process, moving for a foreclosure judgment or order of sale, or execute a
foreclosure-related eviction or foreclosure sale for not less than the 60-day period
beginning on March 18, 2020. The agencies and enterprises extended this moratorium
through June 30, 2021.
30Pub. L. No. 116-136, Div. A. § 4023, 134 Stat. at 491. Multifamily forbearance is
available to borrowers who were current with loan payments as of February 1, 2020 and
requested forbearance through December 31, 2020. Section 4023 requires multifamily
borrowers to document their financial hardship, whereas section 4022 does not impose a
similar requirement on single-family borrowers.
31For single-family borrowers, the agencies and enterprises clarified that borrowers may
be eligible for an additional 6 months of forbearance (up to 18 months). FHA, RHS, and
VA allow mortgage servicers to initiate new forbearances through June 30, 2021 and allow
borrowers who requested an initial forbearance on or before June 30, 2020 to request up
to two additional 3-month forbearance extensions. The enterprises have not provided a
deadline for mortgage servicers to initiate new forbearances, but borrowers must have
been in forbearance as of February 28, 2021 to be eligible for the additional extensions.
32For example, the enterprises, FHA, and VA allow single-family borrowers to resume
their mortgage payments and repay forborne amounts when their loans mature, are
refinanced, or when they sell their property (known as a COVID-19 payment deferral or
partial claim). Alternatively, RHS allows some single-family borrowers to extend their loan
term for the length of the forbearance. Multifamily borrowers generally have 12 months to
repay missed payments but may qualify for extended forbearance and repayment. The
enterprises, through their own COVID-19 forbearance programs, have given qualifying
multifamily borrowers the option to extend forbearance by up to 3 months (6 months in
total) and repayment by up to 12 months (24 months in total).
Page 10 GAO-21-370 COVID-19 Housing Protections
Federal Role in Housing Federal efforts to promote housing stability among renters and mortgage
Market and Pandemic- borrowers have primarily focused on properties with federally backed
mortgages or that received federal assistance. The CARES Act generally
Related Housing
defines federally backed mortgages as those insured, guaranteed, made
Protections directly, purchased, or securitized by federal entities. 33
Federal entities perform these functions in the primary and secondary
mortgage markets. In the primary market, where lenders originate
mortgage loans to borrowers to purchase homes, the federal
government—through FHA, RHS, and VA—operates mortgage insurance
and guarantee programs to promote homeownership for certain types of
borrowers. RHS and VA also directly originate a limited number of loans.
In the secondary market, the federal government purchases and
securitizes mortgages through the enterprises—that is, Fannie Mae and
Freddie Mac—to promote the liquidity, stability, and affordability of
mortgage credit. 34 The enterprises generally purchase mortgages from
lenders that meet certain criteria and hold the loans in their own portfolios
or pool them into mortgage-backed securities that are then sold to
investors. The enterprises guarantee the timely payment of principal and
interest to investors.
Most mortgages are backed by a federal agency or enterprise. For single-
family properties, over 75 percent of all mortgages are backed by the
enterprises, FHA, and VA, according to Black Knight (a mortgage
servicing platform and data analytics firm). For multifamily properties,
about 47 percent of outstanding mortgage debt is federally backed,
according to an analysis of Federal Reserve data by the National
Multifamily Housing Council. 35 In addition, many rental units are in
federally backed properties. The Urban Institute estimates that, in total,
about 28 percent of rental units in single- and multifamily properties are
federally backed and therefore covered under the CARES Act. 36
33Pub. L. No. 116-136, div. A, §§ 4022(a)(2), 4023(f)(2), 4024(a)(4), (5).
34The enterprises are currently under the conservatorship of the Federal Housing Finance
Agency.
35National Multifamily Housing Council, Federal Government Backs Nearly Half of
Multifamily Mortgage Debt (Apr. 16, 2020).
36Urban Institute, The CARES Act Eviction Moratorium Covers All Federally Financed
Rentals—That’s One in Four US Rental Units.
Page 11 GAO-21-370 COVID-19 Housing Protections
Eviction moratoriums in the CARES Act also covered properties and
rental units that received funding from federal housing assistance
programs. For example, the section 4024 moratorium covered rental units
in properties that received funding from Public Housing, the Section 8
Housing Choice Voucher, Section 8 project-based housing, Section 202
housing for the elderly, and Section 811 housing for people with
disabilities programs. 37 Among the nearly 44 million rental units in the
United States, about 12 percent received federal housing assistance and
were therefore covered under the CARES Act, according to the Federal
Reserve Bank of Atlanta. 38
Eviction Process and the The federal role in administering and overseeing evictions is limited.
Role of Local Evictions are primarily governed by state and local laws and administered
by local courts and law enforcement. Eviction moratoriums during the
Governments
pandemic have targeted various stages of the eviction process. The
CARES Act eviction moratorium prohibited property owners from filing to
initiate an eviction (the earlier stages of eviction). By comparison, CDC
clarified that its eviction moratorium does not prevent property owners
from filing for eviction and only prohibits the execution of an eviction order
(the latest stage of eviction). 39 State and local moratoriums during the
pandemic similarly targeted various stages of the process. 40 Figure 3
describes the general process for evicting a tenant from a residential
property, which varies based on state and local law.
37Pub. L. No. 116-136, div. A, § 4024(a)(2).
38Federal Reserve Bank of Atlanta, Housing Policy Impact: Federal Eviction Protection
Coverage and the Need for Better Data. This estimate likely undercounts the total number
of federally subsidized units because it does not include units subsidized through Housing
Choice Vouchers (about 2.6 million units) or several RHS grant and voucher programs.
39Centers for Disease Control and Prevention, HHS/CDC Temporary Halt in Residential
Evictions to Prevent the Further Spread of COVID-19: Frequently Asked Questions.
40Hal Martin, Data Updates: Measuring Evictions during the COVID-19 Crisis, Federal
Reserve Bank of Cleveland, accessed February 3, 2021,
https://www.clevelandfed.org/newsroom-and-events/publications/community-development
-briefs/db-20200902-data-updates-measuring-evictions-during-the-covid-19-crisis.aspx.
Page 12 GAO-21-370 COVID-19 Housing Protections
Figure 3: Overview of Process for Evicting a Tenant from a Residential Property
Federal Rental Assistance Both the CARES Act and the Consolidated Appropriations Act, 2021
during COVID-19 funded rental assistance programs to promote housing stability among
renters and property owners during the pandemic. The CARES Act
appropriated an additional $5 billion to state and local grantees through
the Department of Housing and Urban Development’s (HUD) Community
Development Block Grant program and an additional $4 billion through
the Emergency Solutions Grant program. 41 In addition, the CARES Act
created the Coronavirus Relief Fund, which directed Treasury to disburse
$150 billion to state and local grantees to offset costs incurred from
COVID-19. 42 While Treasury’s fund and both of HUD’s grants allowed
grantees to use funds to support rental assistance programs, grantees
41Pub. L. 116-136, div. B, tit. XII, 134 Stat. at 606-610. Community Development Block
Grants are intended to develop viable urban communities by providing decent housing
and a suitable living environment, and by expanding economic opportunities, principally
for low- and moderate-income persons. Emergency Solutions Grants are targeted towards
helping individuals quickly regain stability in permanent housing after experiencing a
housing crisis or homelessness.
42Pub. L. No. 116-136, div. A, § 5001, 134 Stat. at 501. Grantees were allowed to use
funds to offset expenditures incurred from the COVID-19 pandemic that were not
accounted for in the budget most recently approved for the state or eligible government
prior to enactment of the CARES Act and were incurred from March 1, 2020 to December
30, 2020. The Consolidated Appropriations Act, 2021 allowed grantees to use funds to for
costs incurred through December 31, 2021—one year beyond the deadline established in
the CARES Act.
Page 13 GAO-21-370 COVID-19 Housing Protections
used only a small proportion of funds for this purpose. 43 As of late
December 2020, data collected by the National Low Income Housing
Coalition suggest that the Community Development Block Grant,
Emergency Solutions Grant, and Coronavirus Relief Fund had funded at
least 192 state and local rental assistance programs totaling about $2.6
billion. 44
Congress appropriated additional rental assistance funds in late
December 2020 in the Consolidated Appropriations Act, 2021 through the
Emergency Rental Assistance program. Section 501 of the act directed
Treasury to disburse $25 billion in funds to eligible state and local
grantees primarily based on population by January 26, 2021. 45 Grantees
must use the funds for financial assistance to households—generally
through direct payments to property owners and utility providers. Eligible
costs include accrued and future rent, utilities, and other housing
expenses. In addition, Emergency Rental Assistance program funds are
reserved for households experiencing financial hardship that can
demonstrate a risk of housing instability and have income no greater than
80 percent of the area median income. Grantees also must prioritize
funds for households with income no greater than 50 percent of the area
median income or that are experiencing extended unemployment.
43The eligible uses of the Treasury and HUD funds are broad. For example, Coronavirus
Relief Fund grantees can use the funds to construct temporary medical facilities to
increase COVID-19 testing capacity, and Community Development Block Grant grantees
can use the funds to assist local businesses to promote job retention.
44National Low Income Housing Coalition, NLIHC COVID-19 Rental Assistance Database,
accessible at
https://docs.google.com/spreadsheets/d/1hLfybfo9NydIptQu5wghUpKXecimh3gaoqT7LU
1JGc8.
45Pub. L. No. 116-260, div. N, § 501, 134 Stat. at 2069.
Page 14 GAO-21-370 COVID-19 Housing Protections
Eviction Moratoriums
Have Helped Limit
Evictions, but
Awareness of CDC’s
Moratorium May Be
Limited
Eviction Moratoriums Federal eviction moratoriums created by the CARES Act and CDC—in
Promoted Housing combination with a number of state and local measures—helped limit
evictions during the pandemic. As shown in figure 4, eviction filings with
Stability among Renters
local courts decreased rapidly after Congress passed the CARES Act in
late March 2020, based on data from 63 jurisdictions the Federal Reserve
Bank of Cleveland collected and summarized. 46 The median rate of
eviction filings in the jurisdictions was as much as 94 percent lower in
April 2020 than in April 2019. Court closures early in the pandemic also
contributed to the rapid decrease in eviction filings. When the CARES Act
moratorium expired on July 24, 2020, the median rate of eviction filings
remained about 74 percent lower than it had been during the same period
in 2019. Eviction filings did not drop rapidly after CDC issued its eviction
moratorium on September 4, 2020—they gradually increased—but the
median rate of eviction filings remained at about half of 2019 levels
through the second week of December 2020.
46Hal Martin, Data Updates: Measuring Evictions during the COVID-19 Crisis. The 63
jurisdictions included county and city courts in 14 states that represented about 13 percent
of all U.S. renters. The Federal Reserve Bank of Cleveland generally selected jurisdictions
based on data availability. National data on executed eviction rulings, which the
moratoriums sought to limit, do not exist. In the absence of such data, researchers have
collected and analyzed data on eviction filings with local courts from a selection of
jurisdictions. These data may not completely demonstrate the effectiveness of the
moratoriums in keeping renters housed during the pandemic, especially during the CDC
moratorium, which did not prevent property owners from filing eviction lawsuits.
Page 15 GAO-21-370 COVID-19 Housing Protections
Figure 4: Percentage Change in Eviction Filings in Selected Jurisdictions (2019–2020)
Eviction moratoriums imposed by the CARES Act, Centers for Disease Control and Prevention (CDC), and state and local jurisdictions
in response to the COVID-19 pandemic resulted in fewer eviction filings in 2020 than in 2019.
Note: The 63 jurisdictions in the figure were selected by the Federal Reserve Bank of Cleveland
based on data availability and include county and city courts in 14 states that represent about 13
percent of all U.S. renters. The local moratoriums on evictions were issued by governors, state
legislatures, local governments, and state and local courts. To highlight the median trend, we
excluded 34 values (jurisdictions) that were greater than 200 percent in a given week (they ranged
from 220 to 4,700 percent). Some jurisdictions that historically had few eviction filings experienced
large increases after local moratoriums ended.
Jurisdictions with active local moratoriums generally had lower rates of
eviction filings than jurisdictions that did not. Since March 2020 (and as of
December 2020), about 95 percent of the 63 jurisdictions were under a
state or local policy that limited evictions for a certain duration (about 5.3
months on average). For all but 1 week during this time, the median rate
of eviction filings was lower in jurisdictions with a local moratorium. For
example, when the CARES Act moratorium expired during the fourth
week of July 2020, jurisdictions with an active local moratorium had about
88 percent fewer eviction filings (at the median) than in the fourth week of
Page 16 GAO-21-370 COVID-19 Housing Protections
July 2019, whereas those without an active local moratorium had about
61 percent fewer. The difference in the rate of eviction filings between
locations with and without local moratoriums generally expanded during
the remaining months of 2020, including during the CDC moratorium. By
the second week of December 2020, jurisdictions with an active local
moratorium had about 91 percent fewer eviction filings (at the median)
than in the second week of December 2019, whereas those without an
active local moratorium had only about 36 percent fewer.
Renters and Property Many renters at risk of eviction may not be fully aware of CDC’s
Owners May Be Unaware moratorium on evictions. As shown in figure 4, eviction filings generally
increased during the agency’s moratorium, especially in jurisdictions
of the Eviction Moratorium,
without separate local moratoriums. In addition, some states and localities
and CDC Lacks a have implemented requirements targeted at increasing awareness and
Communication and understanding of the moratorium. For example, under an executive order,
Outreach Plan property owners in North Carolina are required to provide their tenant with
a blank copy of CDC’s declaration form when they file an eviction
lawsuit. 47 Although comprehensive information does not exist on renter
awareness of the moratorium, the increasing rate of eviction filings and
the need for state and local measures targeted at increasing awareness
suggest that some renters and property owners may be unaware of the
CDC moratorium or its requirements.
Gaps in awareness could limit the ability of renters to utilize the CDC
moratorium to avoid eviction. Although the CARES Act moratorium
automatically halted evictions of covered renters, CDC has required that
renters provide a completed declaration form to their property owner
affirming that they meet multiple eligibility criteria to halt an eviction, such
as stating that they had exhausted other housing options and risk
47State of North Carolina, Executive Order No. 171: Assisting North Carolinians at Risk of
Eviction (Oct. 28, 2020).
Page 17 GAO-21-370 COVID-19 Housing Protections
homelessness if evicted. 48 However, property owners and local courts are
not required to notify tenants of the moratorium or this requirement.
According to CDC communication and outreach guidelines for
pandemics, it is critical to keep the public informed through clear,
accurate, and timely communication. 49 However, CDC has conducted
very limited communication and outreach to help ensure that renters and
property owners understand its eviction moratorium. To date, CDC has
not taken significant steps to increase awareness of the moratorium apart
from publishing frequently asked questions in October 2020. 50 For
example, the agency had not established a mechanism to receive
complaints from affected parties, actively publicized the moratorium, or
worked with federal entities or advocacy groups to increase
understanding of the moratorium or its requirements among renters and
property owners. 51
CDC officials acknowledged that additional communication and outreach
were needed to improve awareness and understanding of the
moratorium. They said one reason they had not conducted additional
outreach was that they did not have prior established relationships with
48Centers for Disease Control and Prevention, Declaration under Penalty of Perjury for the
Centers for Disease Control and Prevention’s Temporary Halt in Evictions to Prevent
Further Spread of COVID-19 (Feb. 4, 2021). In addition to income limits, renters are
required to declare that they (1) were unable to make a full rent or housing payment as a
result of a substantial loss of income, (2) used their best efforts to obtain available
government assistance for rent or housing, and (3) that eviction would likely have
rendered them homeless or forced them to move into a shared living setting. According to
the National Housing Law Project, some renters may have been deterred from signing the
declaration form because it contained multiple eligibility criteria and carried penalties for
perjury.
49Centers for Disease Control and Prevention, Communication and Public Outreach (Nov.
3, 2016), accessible at
https://www.cdc.gov/flu/pandemic-resources/planning-preparedness/communication-publi
c-outreach.html.
50CDC most recently updated its guidance in connection with the Director’s extension of
the moratorium through March 31, 2021. Centers for Disease Control and Prevention,
HHS/CDC Temporary Halt in Residential Evictions to Prevent the Further Spread of
COVID-19: Frequently Asked Questions (Feb. 4, 2021).
51In February 2021, CDC officials said the agency had not referred any potential violations
of the moratorium to the Department of Justice, which is responsible for prosecuting such
cases. CDC’s order on eviction moratoriums does not establish an administrative appeal
process, and the agency directs individuals who need legal assistance with appeals for
eviction actions that they believe are in violation of the moratorium to consult with a private
attorney or legal aid program.
Page 18 GAO-21-370 COVID-19 Housing Protections
key stakeholder organizations, such as housing advocacy groups. The
officials also acknowledged that opportunities existed to leverage
relationships with federal entities, such as HUD, Treasury, and the U.S.
Interagency Council on Homelessness to assist in outreach on the
eviction moratorium. Yet, as of February 2021, CDC officials had not
developed a clear plan for conducting additional communication and
outreach in coordination with relevant federal entities to help ensure
renters and property owners are aware of the eviction moratorium.
By developing and implementing a communication and outreach plan on
its eviction moratorium, CDC can help ensure that renters and property
owners are aware of the moratorium and understand how to effectively
exercise it—consistent with its goal of promoting housing stability during
the pandemic to limit the spread of COVID-19. 52
Renters and Property
Owners Continue to
Face Financial
Challenges
Renters Have Despite federal eviction moratoriums, many renters have continued to
Experienced Greater experience high rates of financial hardship, especially compared to
homeowners. The national unemployment rate peaked at 14.8 percent in
Financial Hardship than
April 2020 and has remained well above pre-pandemic levels. During the
Homeowners pandemic, renters reported lower confidence in their ability to meet
housing payments, higher rates of missed housing payments, and greater
concern over eviction as compared to homeowners, according to the
5286 Fed. Reg. 8020 (Feb. 3, 2021). On February 25, 2021, the United States District
Court for the Eastern District of Texas held that the CDC moratorium was unconstitutional.
Terkel v. Centers for Disease Control and Prevention. 2021 WL 742877. The court
concluded that the moratorium exceeded the federal government’s authority to regulate
interstate commerce under the Constitution’s Commerce Clause. The Department of
Justice has filed a notice of appeal to the United States Court of Appeals for the Fifth
Circuit. In the announcement of its appeal, the Department of Justice noted that the district
court’s decision did not extend beyond the particular plaintiffs in the Terkel case and did
not prohibit the application of the CDC moratorium to other cases.
Page 19 GAO-21-370 COVID-19 Housing Protections
Census Bureau’s Household Pulse Survey. 53 As shown in figure 5, in mid-
December 2020—the most recent reporting period available at the time of
our review—an estimated 52 percent of renters who were behind on
payments reported that it was very or somewhat likely they would leave
their rental property in the next 2 months because of eviction. By
comparison, an estimated 19 percent of homeowners who were behind
on payments reported that it was very or somewhat likely they would
leave their homes in the next 2 months because of foreclosure. These
trends have persisted over the course of the pandemic, and concern over
eviction has grown among renters.
Figure 5: Comparison between Homeowners and Renters of Challenges Making Housing Payments (August–December 2020)
Note: Estimates in this figure have a margin of error of plus or minus 5 percentage points or less at
the 95 percent confidence level. The months of August and September appear closer together in the
figure than other months because data begin on August 19, 2020.
53All estimates we report from the Census Bureau’s Household Pulse Survey have a
margin of error of plus or minus 5 percentage points or less at the 95 percent confidence
level. All comparisons between renters and homeowners were also statistically significant
at the 95 percent confidence level.
Page 20 GAO-21-370 COVID-19 Housing Protections
Renters have experienced greater financial hardship and potential
housing instability during the pandemic in part because they have
experienced higher rates of unemployment and greater income losses
than homeowners. In mid-December 2020, an estimated 60 percent of
renters reported a loss of employment income since March 2020, as
compared to an estimated 48 percent of homeowners, according to the
Census Bureau’s survey. According to the Urban Institute and Joint
Center for Housing Studies at Harvard University, renters were more
likely to have worked in lower-wage jobs affected by the pandemic and to
have lost income from employment. 54
The financial relief provided in response to the pandemic gives many
homeowners—but not renters—the ability to suspend housing payments.
The CARES Act allows a majority of single-family mortgage borrowers to
suspend or reduce their mortgage payments by entering into forbearance
for up to 360 days, and federal agencies and the enterprises introduced
additional flexibility on how and when homeowners must repay forborne
amounts. For example, the enterprises created a new repayment option
(known as a COVID-19 payment deferral), which allows borrowers to
resume their monthly mortgage payment and repay forborne amounts
when their loans matures, are refinanced, or when they sell their property.
Although the CARES Act and CDC moratoriums protected some renters
from eviction, laws and federal agency actions have not provided renters
with forbearance and repayment options comparable to those offered to
mortgage borrowers. In addition, CDC clarified that property owners could
continue to charge fees, penalties, or interest associated with missed
payments, which renters would owe along with accrued rent when the
moratorium expired. As a result, renters experiencing financial hardship
have relied more heavily on alternative funding sources to continue
making housing payments, such as borrowing from friends or family or
from government subsidies (e.g., economic impact payments,
unemployment insurance), according to the Census Bureau’s Household
Pulse Survey.
In addition, Black and Hispanic renters have experienced the greatest
financial hardship. In mid-December 2020, it was estimated that nearly
54Jung Hyun Choi and Kaitlin Young, Owners and Renters of 6.2 Million Units in Small
Buildings Are Particularly Vulnerable during the Pandemic (Urban Institute: Aug. 10,
2020); and Whitney Airgood-Obrycki and Alexander Hermann, Interactive Tool Illustrates
the Disparate Economic Impacts of the Pandemic (Harvard Joint Center for Housing
Studies: Feb. 8, 2021).
Page 21 GAO-21-370 COVID-19 Housing Protections
half of Black and Hispanic renters had slight or no confidence in their
ability to make their next rent payment, according to the Census Bureau’s
Household Pulse Survey, compared to an estimated quarter of White
renters.
Mortgage Forbearance Property owners have relied on temporary mortgage forbearance to offset
Has Helped Some missed rental payments. Section 4023 of the CARES Act required
servicers to provide multifamily properties with federally backed
Property Owners
mortgages with up to 90 days of forbearance. In the months leading up to
Temporarily Offset Missed the COVID-19 pandemic (January and February 2020), the agencies that
Rental Payments insure multifamily loans—FHA and RHS—and the enterprises told us they
had no multifamily loans in forbearance. However, by June 2020, the
agencies and enterprises reported that about 7.3 percent of multifamily
loans backed by FHA, RHS, and the enterprises—about 6,400 in total—
were under a forbearance agreement. Use of multifamily forbearance
declined in the months that followed. In December 2020, Fannie Mae and
Freddie Mac reported that about 0.4 percent and 2.3 percent of their total
unpaid balance for multifamily loans remained in forbearance,
respectively.
Multifamily mortgage forbearance rates have been highest among smaller
properties, which suggests that smaller, non-institutional property owners
have experienced the greatest financial challenges from missed rental
payments. In August 2020, about 5.4 percent of FHA- or enterprise-
backed properties with 5–9 units were under a mortgage forbearance, as
compared to about 1.1 percent among such properties with 50 or more
units (see fig. 6). 55 According to CoreLogic (a housing data analytics firm),
larger property management and investment firms tend to own larger
properties, whereas non-institutional investors who manage just one or
two properties tend to own smaller properties. 56
55RHS did not provide forbearance data by property size. However, loans backed by the
agency used forbearance at a relatively high rate—about 22 percent of multifamily loans
backed by RHS were in forbearance in June 2020.
56Frank Nothaft, Multifamily Ownership and Mortgage Use by Property Size (CoreLogic:
Nov. 19, 2019).
Page 22 GAO-21-370 COVID-19 Housing Protections
Figure 6: Percentage of Federally Backed Multifamily Mortgages in Forbearance, by
Property Size (January–August 2020)
Note: We excluded data from the Rural Housing Service because the agency did not provide
forbearance data by property size. However, loans backed by the agency used forbearance at a
relatively high rate—about 22 percent of multifamily loans backed by the Rural Housing Service were
in forbearance in June 2020.
Because multifamily forbearance provisions and the eviction moratorium
end in early 2021, some property owners and renters will need to quickly
receive rental assistance funds if pandemic-related mortgage defaults
and evictions are to be avoided. The deadline to enter forbearance has
expired for most multifamily borrowers covered by the CARES Act. 57 After
forbearance, multifamily property owners must generally begin repaying
57The deadline for multifamily loans backed by FHA and RHS to enter forbearance was
December 31, 2020 (when section 4023 expired). The enterprises extended the deadline
for their COVID-19 multifamily forbearance programs through June 30, 2021. The CARES
Act required mortgage servicers to provide covered multifamily borrowers with 90 days of
forbearance, and the enterprises, through their own COVID-19 forbearance programs,
allow for a 90-day extension under certain conditions (6 months in total).
Page 23 GAO-21-370 COVID-19 Housing Protections
the forborne amount immediately and entirely within 12 months. 58 Given
these financial constraints, some property owners may have few options
beyond eviction to improve the financial performance of their property
after the CDC eviction moratorium ends on March 31, 2021. Although
some property owners have allowed tenants to repay accrued rent over
time through repayment plans, other property owners—especially those
with fewer units and lower-income tenants—may not have the financial
resources to compensate for an extended period of missed rent
payments. 59
Treasury’s initial guidance to grantees on the implementation of the
Treasury’s Updated Emergency Rental Assistance program did not include some information
Guidance for the critical to grantees in the early stages of program development and
contained requirements that may slow the distribution of assistance to or
Emergency Rental deter participation by renters. The Consolidated Appropriations Act, 2021
Assistance Program appropriated $25 billion to Treasury to disburse by January 26, 2021 to
state and other eligible grantees to fund rental assistance programs. 60 As
Addresses Some of January 29, 2021, Treasury had disbursed 99 percent of the
Initial Concerns about appropriated funds, according to Treasury officials. Treasury issued initial
guidance on the use of funds through a grantee award contract (issued
Administrative on January 4, 2021) and a list of frequently asked questions (issued on
Challenges January 19, 2021). 61 Treasury intends to provide additional guidance to
grantees on a rolling basis through its frequently asked questions. 62
58FHA does not specify forbearance repayment terms for multifamily loans. Under certain
conditions, the enterprises may allow multifamily borrowers to delay repayment (up to 6
months) and extend the repayment period up to an additional 12 months (24 months in
total).
59Marin Scott, Landlords and Renters Struggling to Make Ends Meet During COVID-19
Uncertainty (Feb. 8, 2021); accessed at https://www.avail.co/blog/landlords-and-renters-
struggling-to-make-ends-meet-during-covid-19-uncertainty.
60Pub. L. No. 116-260, div. N, § 501(a), (b) (2020), 134 Stat. at 2069.
61Department of the Treasury, Emergency Rental Assistance Program (Jan. 4, 2021); and
Emergency Rental Assistance Frequently Asked Questions (Jan. 19, 2021).
62As grantees awaited additional guidance from Treasury, stakeholders we interviewed
developed or were developing guidance to grantees on designing effective and compliant
Emergency Rental Assistance programs. For example, the National Low Income Housing
Coalition published a guide on administering rental assistance programs funded through
the Consolidated Appropriations Act, 2021. See National Low Income Housing Coalition,
Best Practices for State and Local Emergency Rental Assistance Programs (Jan. 11,
2021). In addition, the National Council of State Housing Agencies said it contracted with
a consulting firm to develop a model program guide for designing programs that use
Emergency Rental Assistance program funds.
Page 24 GAO-21-370 COVID-19 Housing Protections
Treasury’s initial guidance for the Emergency Rental Assistance program
did not address several key requirements outlined in the Consolidated
Appropriations Act, 2021. The lack of clarification on these requirements
may have delayed or complicated efforts to establish rental assistance
programs that use the funds in a timely manner. On February 22, 2021,
Treasury updated its frequently asked questions to address some
concerns we identified when we provided a draft of this report to the
agency for comment on February 19, 2021. Treasury’s updated guidance
addressed some but not all of our concerns with the initial guidance,
which we discuss later in this section. Notably,
• Prioritizing assistance. The act requires grantees to prioritize
applications for households at or below 50 percent of the area median
income or in which one or more applicant in the household has been
unemployed for 90 days. Although Treasury’s initial guidance did not
discuss how grantees should prioritize such applicants, its updated
guidance clarified that grantees have ongoing flexibility but required
grantees to communicate their preference system to applicants.
• Data collection and reporting. Treasury’s initial guidance stated
that, at a minimum, grantees must collect and retain information to
allow Treasury and HUD to meet quarterly reporting requirements,
including identifying information on the rental unit and property owner;
amount, length, and nature of rental assistance; and characteristics of
the household (income, gender, race, and ethnicity). However, both
the initial and recently updated guidance noted that Treasury would
provide further instructions on what additional information grantees
must report and how they should report it, but this had not yet
occurred as of March 3, 2021. Without timely clarification of these
requirements, grantees may not be collecting or reporting data
needed for Treasury and others to assess program compliance and
effectiveness.
• Other eligible expenses. In addition to accrued and prospective rent
and utility costs, the act allows grantees to pay for other direct or
indirect housing expenses and housing stability services. According to
the Consolidated Appropriations Act, 2021, Treasury is to define both
costs. 63 Although Treasury’s initial guidance did not define these other
63HUD defines housing stability services for the Emergency Solutions Grant to include the
costs of assessing, arranging, coordinating, and monitoring the delivery of individualized
services to facilitate housing stability for a program participant who resides in permanent
housing or to assist a program participant in overcoming immediate barriers to obtaining
housing. 24 C.F.R. § 576.105(b)(2).
Page 25 GAO-21-370 COVID-19 Housing Protections
eligible expenses, its updated guidance provided a definition and
examples.
• Obligated funds. Starting on September 30, 2021, the act requires
Treasury to recapture excess funds not obligated by grantees and
redistribute them among grantees that have obligated at least 65
percent of their original allocation. However, both Treasury’s initial
and updated guidance did not specify whether or how grantees must
commit the funds (e.g., entering into a rental assistance agreement
with an applicant) or actually expend the funds (i.e., distribute them to
an applicant) by the September deadline. Without further clarification
on spending requirements, grantees may be unable to effectively plan
expenditures and run the risk of forfeiting unused but needed funds.
Grantees that have previously administered rental assistance programs
through another Treasury funding source—the Coronavirus Relief Fund—
experienced similar challenges because of limited guidance, according to
our analysis and that of four stakeholder groups we interviewed that
represent grantees, tenants, and property owners. 64 Several of the
stakeholder groups characterized earlier guidance on the Coronavirus
Relief Fund as overly broad and unclear. 65 In September 2020, we
reported that some grantees delayed transferring these funds to local
governments and other sub-recipients because they lacked guidance,
such as on eligible costs. 66 Grantees expressed concern that additional
guidance issued by Treasury after they implemented rental assistance
programs would result in noncompliance and recapture of funds,
according to stakeholders that represent grantees and renters. We also
64We interviewed and reviewed the applicable published work of the National Council of
State Housing Agencies, National Housing Law Project, National Low Income Housing
Coalition, and National Multifamily Housing Council. For example, see National Low
Income Housing Coalition, NLIHC Research Note: Emergency Rental Assistance
Programs in Response to COVID-19 (Oct. 27, 2020). The CARES Act appropriated $150
billion through the Coronavirus Relief Fund to Treasury for state and eligible units of local
government to cover eligible expenses incurred through December 30, 2020. The
Consolidated Appropriations Act, 2021 extended this deadline to December 31, 2021.
65Treasury last substantively updated its Coronavirus Relief Fund guidance in September
2020. Department of the Treasury, Coronavirus Relief Fund Guidance for State,
Territorial, Local, and Tribal Governments (Sept. 2, 2020). In January 2021, Treasury
republished its guidance with minor changes and updated deadlines. See 86 Fed. Reg.
4182 (Jan. 15, 2021).
66GAO-21-701. In this report, we recommended that the Director of the Office of
Management and Budget, in consultation with Treasury, issue an addendum to its Single
Audit Act Compliance Supplement to provide necessary audit guidance for the
Coronavirus Relief Fund, which the agency has since implemented.
Page 26 GAO-21-370 COVID-19 Housing Protections
reported that Treasury increased the risk of noncompliance among
grantees by issuing spending and accountability requirements after
disbursing the funds. 67 In the absence of clear guidance, some grantees
developed burdensome application and program requirements, which
increased processing times, limited participation, and prevented some
grantees from spending Coronavirus Relief Fund resources by the
December 31, 2020 deadline. (Congress later extended this deadline by 1
year).
Treasury’s initial guidance also included several requirements and
internal controls designed to ensure compliance with applicable laws and
limit fraud in the Emergency Rental Assistance program. In prior work, we
have emphasized the importance of such controls to help ensure program
integrity and reduce the risk of improper payments for programs funded
by COVID-19 relief laws. 68
Treasury faces the challenge of balancing appropriate controls for the
Emergency Rental Assistance program with the delays and administrative
hurdles those controls may cause—particularly in light of the urgent
financial needs of some renters and property owners during the
pandemic. Four stakeholder organizations we interviewed that
represented renters, property owners, and grantees expressed concern
that burdensome documentation requirements in Treasury’s initial
guidance would delay application processing times and deter renters and
property owners from participating in programs that use Emergency
Rental Assistance program funds. 69 Treasury’s updated guidance
addressed many of these concerns, which we discuss later in this section.
These requirements included the following:
• Documentation of income. Applicants must provide documentation
that they meet the program’s income requirements (80 percent or less
of the area median) based on their household’s annual income in
2020 or monthly income at the time of application. Treasury’s initial
guidance clarified that documentation of income may include wage
statements, interest, or unemployment compensation statements, or
67GAO-20-625.
68GAO, Small Business Administration: COVID-19 Loans Lack Controls and Are
Susceptible to Fraud, GAO-21-117T (Washington, D.C.: Oct. 1, 2020).
69These organizations were the National Housing Law Project, National Low Income
Housing Coalition, National Multifamily Housing Council, and National Council of State
Housing Agencies.
Page 27 GAO-21-370 COVID-19 Housing Protections
tax filings (e.g., Form 1040). The initial guidance also noted that
applicants documenting income on a monthly basis must provide
documentation for at least the 2 months prior to their application for
assistance, and grantees must re-determine their eligibility every 3
months for the duration of assistance. This documentation
requirement could have delayed assistance to households and
deterred participation from those at higher risk of eviction, such as
those experiencing extended unemployment or who do not collect
unemployment insurance or file tax returns. 70
All four of the stakeholder organizations we interviewed believed that
Treasury should instead allow applicants to provide a written self-
certification of income. Other federal housing assistance programs
have allowed such self-certification during the pandemic. For
example, HUD’s Office of Multifamily Programs has temporarily
allowed tenants in federally assisted units to self-certify income, and
CDC allows renters to self-certify their income and financial hardship
status in the declaration form that invokes its eviction moratorium.
Although self-certification may help grantees distribute funds to
recipients more efficiently, it also may increase the potential for fraud
risks. To mitigate these risks, agencies that allow self-certification for
rental assistance programs have introduced additional oversight
procedures. For example, HUD’s Community Development Block
Grant program, which the agency has used to distribute emergency
housing assistance funds, permits applicants to self-certify household
income in the absence of documentation while also allowing for an
audit of the certification by the agency. In addition, the Federal
Emergency Management Agency’s Individuals and Households
Program provides up to 2 months of rental assistance to individuals
displaced by Presidentially declared disasters with no documentation
of income. FEMA only requires documentation of income when
individuals apply for an extension to the initial rental assistance.
• Documentation of financial hardship. Recipients of Emergency
Rental Assistance program funds must demonstrate a financial
hardship and a risk of experiencing homelessness or housing
instability. Unlike the documentation requirement for income, Treasury
implied (through its initial frequently asked questions) that there is
70A recent study of grantees that administered rental assistance programs funded through
the Coronavirus Relief Fund found that strict documentation and other requirements, such
as requiring applicants to document financial hardship, resulted in more incomplete
applications and challenges distributing funds. Housing Initiative at Penn, New York
University Furman Center, and National Low Income Housing Coalition, COVID-19
Emergency Rental Assistance: Analysis of a National Survey of Programs (January 2021).
Page 28 GAO-21-370 COVID-19 Housing Protections
flexibility in how grantees should document financial hardship.
According to the initial guidance, grantees must document financial
hardship using past-due rent or eviction notices, among other
documentation, but only if it is administratively feasible. However,
Treasury did not specify what it meant by “administratively feasible”
(for example, number of attempts to obtain documentation). The
agency also did not specify whether self-certification of hardship
would constitute sufficient documentation in cases in which the
applicant cannot provide the example documents noted in the
guidance.
• Outreach to property owners and utility providers. Grantees must
make reasonable efforts to obtain the cooperation of property owners
and utility providers to accept rental assistance payments on behalf of
renters. If a property owner or utility provider chooses not to
participate—for example, because they do not want to comply with
program requirements—grantees can provide funds directly to
renters. Treasury stated in its initial frequently asked questions that
acceptable efforts by grantees to contact property owners and utility
providers includes a request by certified mail or at least three attempts
by phone or email in a 21-day period. Stakeholder groups that
represent grantees and tenants suggested that this response period
should be shorter to avoid delaying payments to or deterring
participation from households with an urgent need for assistance.
In early February 2021, Treasury staff said they were aware of concerns
with the initial guidance for the Emergency Rental Assistance program
raised by stakeholder groups and were considering potential updates.
Treasury’s goal with respect to the initial frequently asked questions
published on January 19, 2021 was to ensure that some initial guidance
was available for grantees before Treasury disbursed the funds.
According to the staff, developing comprehensive guidance had been
challenging given the limited time and transitioning agency leadership.
Treasury issued updated guidance in late February 2021 through its
frequently asked questions that addressed several concerns we identified
in our draft report. Specifically, the updated guidance
• Clarified that, under certain conditions, grantees are permitted to
accept a written attestation without further documentation from an
applicant to confirm their household meets the eligibility requirements
(i.e., financial hardship, risk of housing instability, and income).
Grantees must develop policies and procedures for when they will
accept a written attestation without further documentation and
reasonable validation and fraud prevention procedures.
Page 29 GAO-21-370 COVID-19 Housing Protections
• Reduced the amount of time required for grantees to determine that a
property owner or utility provider will not accept payment from 21 days
to 10 days (or 14 days if contacted via mail).
• Provided grantees with flexibility in how they prioritize lower-income
households and those experiencing extended unemployment, and
required that grantees document and communicate their preference
system to applicants.
• Defined and provided examples of other eligible expenses. The
updated guidance defined other eligible expenses to generally include
relocation costs, accrued late fees, and internet services; and it
provided examples of housing stability services, for example, eviction-
related attorney’s fees.
The guidance did not address several additional concerns we identified,
including clarification of data collection and spending requirements. As we
noted, a lack of clear and timely guidance on these requirements could
limit Treasury’s oversight of the program and grantees’ ability to plan
future expenses. Treasury officials told us they plan to continue working
with stakeholders to provide additional guidance on these and other
issues moving forward.
As the COVID-19 pandemic persists, potentially millions of renters and
Conclusion property owners will continue to experience financial challenges. The
CDC eviction moratorium provides some measure of relief to struggling
renters, but there are indications that some renters facing eviction may be
unaware of and unable to exercise the moratorium, and therefore
unnecessarily evicted. CDC has taken few steps to help publicize the
moratorium. By conducting greater public outreach in coordination with
relevant federal entities to ensure eligible renters and property owners are
aware of and invoke the eviction moratorium, CDC could help maximize
its assistance to vulnerable renters, promote housing stability during the
pandemic, and slow the spread of COVID-19.
Treasury faces a challenging task in developing the new $25 billion
Emergency Rental Assistance program with limited time and under crisis
conditions. Treasury’s initial program guidance lacked clarity regarding
certain key requirements and could have created some unnecessary
administrative challenges for grantees. Treasury’s updated guidance
provides greater clarity on some program requirements and strikes a
more appropriate balance with controls that seek to reduce administrative
burdens while still providing prudent fiscal stewardship. Treasury plans to
issue additional guidance over the coming months as assistance flows to
Page 30 GAO-21-370 COVID-19 Housing Protections
renters and property owners. We will continue to monitor Treasury’s
implementation of the program and forthcoming guidance.
The Director of the Centers for Disease Control and Prevention, in
Recommendation for coordination with other relevant federal entities, should develop and
Executive Action implement a communication and outreach plan designed to ensure that
eligible renters and property owners are aware of and able to use the
agency’s moratorium to prevent eviction. (Recommendation 1)
We provided a draft of this report to Department of Health and Human
Agency Comments Services and Treasury for review and comment. Department of Health
and Our Evaluation and Human Services provided written comments, which are reprinted in
appendix I. Treasury provided only technical comments. In addition, we
requested and incorporated technical comments from the Federal
Housing Finance Agency and Department of Housing and Urban
Development. We requested technical comments from the Rural Housing
Service but none were provided.
Department of Health and Human Services did not concur with our
recommendation that CDC, in coordination with other relevant federal
entities, should develop and implement a communication and outreach
plan to ensure that eligible renters and property owners are aware of and
able to use the agency’s moratorium to prevent eviction. In written
comments, CDC said it did not have established relationships with
housing organizations that can promote awareness of its eviction
moratorium because it is a health protection agency. As a result, CDC is
seeking a government partner to assist with communication, education,
and dissemination of information, such as HUD or Treasury. We maintain
that developing and implementing a communication and outreach plan in
coordination with relevant federal entities is critical for promoting
awareness and understanding of the moratorium. In fact, working with
partners such as HUD to promote awareness is consistent with our
recommendation and would likely meet its intent.
We are sending copies of this report to the appropriate congressional
committees, the Director of the CDC, Secretary of Agriculture, Director of
Federal Housing Finance Agency, Secretary Designate of Health and
Human Services, Secretary of Housing and Urban Development,
Secretary of the Treasury, and other interested parties. In addition, the
report is available at no charge on the GAO website at
https://www.gao.gov.
Page 31 GAO-21-370 COVID-19 Housing Protections
If you or your staff have any questions about this report, please contact
me at (202) 512-8678 or pendletonj@gao.gov. Contact points for our
Offices of Congressional Relations and Public Affairs may be found on
the last page of this report. GAO staff who made key contributions to this
report are listed in appendix II.
John H. Pendleton
Director, Financial Markets and Community Investment
Page 32 GAO-21-370 COVID-19 Housing Protections
List of Committees
The Honorable Patrick Leahy
Chairman
The Honorable Richard Shelby
Vice Chairman
Committee on Appropriations
United States Senate
The Honorable Ron Wyden
Chairman
The Honorable Mike Crapo
Ranking Member
Committee on Finance
United States Senate
The Honorable Patty Murray
Chair
The Honorable Richard Burr
Ranking Member
Committee on Health, Education, Labor, and Pensions
United States Senate
The Honorable Gary C. Peters
Chairman
The Honorable Rob Portman
Ranking Member
Committee on Homeland Security and Governmental Affairs
United States Senate
The Honorable Rosa L. DeLauro
Chairwoman
The Honorable Kay Granger
Ranking Member
Committee on Appropriations
House of Representatives
The Honorable Frank Pallone, Jr.
Chairman
The Honorable Cathy McMorris Rodgers
Republican Leader
Committee on Energy and Commerce
House of Representatives
Page 33 GAO-21-370 COVID-19 Housing Protections
The Honorable Bennie G. Thompson
Chairman
The Honorable John Katko
Ranking Member
Committee on Homeland Security
House of Representatives
The Honorable Carolyn B. Maloney
Chairwoman
The Honorable James Comer
Ranking Member
Committee on Oversight and Reform
House of Representatives
The Honorable Richard Neal
Chairman
The Honorable Kevin Brady
Republican Leader
Committee on Ways and Means
House of Representatives
Page 34 GAO-21-370 COVID-19 Housing Protections
Appendix I: Comments from the Department
Appendix I: Comments from the Department of
Health and Human Services
of Health and Human Services
Page 35 GAO-21-370 COVID-19 Housing Protections
Appendix I: Comments from the Department of
Health and Human Services
Page 36 GAO-21-370 COVID-19 Housing Protections
Appendix II: GAO Contacts and Staff
Appendix II: GAO Contacts and Staff
Acknowledgments
Acknowledgments
John H. Pendleton, (202) 512-8678 or pendletonj@gao.gov
GAO Contact
In addition to the contact named above, Cory Marzullo (Assistant
Staff Director), Brandon Kruse (Analyst in Charge), Marianne Anderson,
Acknowledgements Abigail Brown, Lilia Chaidez, Gita Devaney, Justin Fisher, Toni Gillich,
John McGrail, Marc Molino, Eric Schwab, Shenandoah Sowash, Matt
Rabe, and Farrah Stone made key contributions to this report.
(104337)
Page 37 GAO-21-370 COVID-19 Housing Protections
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