Emergency Rental Assistance through the Coronavirus Relief Fund (R46688, Version 7, Updated July 9, 2021)

Summary

Version 7 of R46688 (updated July 9, 2021) adds that P.L. 117-2 directed second-round funds to be staggered: Treasury was to distribute no less than the first 40% of ERA-2 funds within 60 days of enactment, with the remainder after grantees expend 75% of their initial ERA-2 allocation. It adds that Treasury's June 24, 2021 FAQs permitted grantees to enter into data sharing agreements and bulk payment arrangements for large landlords and utility providers, and that Treasury's initial guidance treated the 10% limit as covering administrative fees and housing stability services combined before later guidance amended that reading. The report states that administrative expenses are capped at 10% and that grantees may be able to use funds unobligated as of October 1, 2022 for additional affordable housing and eviction prevention activities.

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Emergency Rental Assistance through the
Coronavirus Relief Fund

Updated July 9, 2021

Congressional Research Service
https://crsreports.congress.gov
R46688
SUMMARY

R46688
Emergency Rental Assistance through the
July 9, 2021
Coronavirus Relief Fund
Grant A. Driessen
In response to concerns about the economic effects of the Coronavirus Disease 2019 (COVID- Specialist in Public Finance
19) pandemic on renters and their landlords, Congress created a $25 billion Emergency Rental
Assistance (ERA) program in the Consolidated Appropriations Act, 2021 (Division N of P.L.
Maggie McCarty
116-260). A second round of ERA funding—$21.55 billion—was included in Section 3201 of the Specialist in Housing Policy
American Rescue Plan Act (P.L. 117-2).

The ERA program is funded through the Coronavirus Relief Fund (CRF) that was established by Libby Perl
the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136) and Specialist in Housing Policy
implemented by the Department of the Treasury. Like the CRF, the ERA directs resources to
states and localities via a per capita formula allocation, although the ERA uses a somewhat
different formula that treats the District of Columbia as a state and includes a lower threshold for For a copy of the full report,
please call 7-5700 or visit
localities to qualify for direct allocations (among other differences). The second round of ERA
www.crs.gov.
funding includes a set-aside of $2.5 billion for “high need” grantees. Unlike the CRF, which can
be used for a broad set of purposes including rental assistance, the ERA may only be used for financial assistance and
housing stability services for renters.

P.L. 116-260 established various parameters for how the first round of ERA funding can be used. Among other requirements,
states and localities must use at least 90% of their funds for financial assistance, which is defined to include rental assistance
and utility assistance (including payment of arrearages). Remaining funds may be used for housing stability services (case
management and other supports to help families retain their housing), and administrative expenses are capped at 10%.
Renters are eligible for assistance if they are low-income, experiencing financial hardship, and at risk of homelessness or
housing insecurity. Grantees are directed to prioritize very low-income renters for assistance. The law also established
expenditure deadlines and imposed various reporting requirements on the Treasury Secretary.

These parameters were changed somewhat for the second round of ERA funding under P.L. 117-2. Specifically, the amount
that can be spent on housing stability services was increased, and grantees may be able to use funds that remain unobligated
as of October 1, 2022, for additional affordable housing and eviction prevention activities. P.L. 117-2 also extended the
availability of first round ERA funding from December 31, 2021, to September 30, 2022.

Within the statutory requirements—and any additional guidance established by Treasury—states and localities have
flexibility in designing their rental assistance programs. Many had used CARES Act and other funding to establish earlier
rental assistance programs; if those programs are consistent with ERA requirements, th ey may be available to facilitate
relatively rapid distribution of ERA funds.

The ability of states and localities to structure their programs differently will mean that the experience of similarly situated
renters seeking assistance will likely vary geographically. Similarly, there may be geographic variability in the degree to
which existing resources—both ERA and earlier funds—are adequate to meet demand for rental assistance. Estimates from
January 2021 suggest that as much as $57 billion in rental and utility debt may be outstanding nationally.

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Emergency Rental Assistance through the Coronavirus Relief Fund

Contents
Introduction ................................................................................................................... 1
Background: Rental Assistance During the COVID-19 Pandemic ........................................... 1
State and Local Allocations .............................................................................................. 2
P.L. 116-260 (ERA-1) ................................................................................................ 2
P.L. 117-2 (ERA-2) .................................................................................................... 3
ERA Program Parameters ................................................................................................. 6
Eligible Use of Funds ................................................................................................. 7
Financial Assistance ............................................................................................. 7
Administrative Costs and Housing Stability Services ................................................. 8
Individual Eligibility and Prioritization ......................................................................... 9
Eligibility............................................................................................................ 9
Prioritization ....................................................................................................... 9
Documentation .................................................................................................. 10
Funding Availability and Reallocation......................................................................... 10
Reporting Requirements ........................................................................................... 10
Outstanding Questions ................................................................................................... 10
How will local programs be structured? ...................................................................... 11
Will rental assistance prevent loss of housing? ............................................................. 11
Will state and local governments use other federal funding for rental assistance and
eviction prevention? .............................................................................................. 13

Tables
Table 1. Emergency Rental Assistance Allocations in P.L. 116-260 (ERA-1) and P.L. 117-
2 (ERA-2, ERA-2 High Need)........................................................................................ 4

Contacts
Author Information ....................................................................................................... 13

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Introduction
The Consolidated Appropriations Act, 2021 (P.L. 116-260) included an appropriation of $25
billion to help low-income households make rent and utility payments through an Emergency
Rental Assistance (ERA) program. 1 The ERA is funded through the Coronavirus Relief Fund
(CRF), a program created as part of the Coronavirus Aid, Relief, and Economic Security
(CARES) Act (P.L. 116-136), and administered by the Department of the Treasury, to assist state,
local, territorial, and tribal governments. 2 While the CARES Act CRF appropriation could be
used for multiple purposes, the ERA appropriation in P.L. 116-260 is directed only to rent and
utility assistance and housing stability services. A second appropriation—of $21.550 billion—for
ERA was included in Section 3201 of the American Rescue Plan Act (P.L. 117-2).
This report briefly describes the need for rental assistance during the Coronavirus Disease 2019
(COVID-19) pandemic, provides information about the allocation of ERA funds, describes the
parameters of the ERA program, and discusses outstanding questions about the program and
renter needs.

Background: Rental Assistance During the
COVID-19 Pandemic
Even before the onset of the COVID-19 pandemic, low-income renters struggled with housing
affordability. In 2020, the Joint Center on Housing Studies reported that nearly half (48%) of all
renters were cost burdened (i.e., paying more than 30% of their income in rent), with higher
numbers for lower-income (80%), Black (55%), and Hispanic (53%) renters.3 The pandemic may
have made renter housing arrangements even more precarious. Renters have been more likely to
lose employment income than homeowners.4 This is particularly the case for Black and Hispanic
renters, who are also estimated to face the greatest threat of eviction during the pandemic . 5
Millions of renters report being behind on their rent and lacking confidence in their ability to pay
next month’s rent. 6
Efforts to assist renters include eviction moratoriums at the state and federal levels. A national
eviction moratorium issued by the Centers for Disease Control and Prevention took effect on

1 See Division N, T itle V, Section 501 of P.L. 116-260.

2 For more information about CRF in the CARES Act, see CRS Report R46298, General State and Local Fiscal

Assistance and COVID-19: Background and Available Data.
3
Joint Center for Housing Studies, America’s Rental Housing 2020, January 2020, pp. 26-29,
https://www.jchs.harvard.edu/sites/default/files/reports/files/Harvard_JCHS_Americas_Rental_Housing_2020.pdf.
4 Alexander Hermann and Sharon Cornelissen, Using the Census Bureau’s Household Pulse Survey to Assess the

Economic Impacts of COVID-19 on America’s Households, Harvard Joint Center for Housing Studies, July 2, 2020,
https://www.jchs.harvard.edu/blog/using-the-census-bureaus-household-pulse-survey-to-assess-the-economic-impacts-
of-covid-19-on-americas-households/.
5
Whitney Airgood-Obrycki, “ T he Impact of COVID-19 on Renters and Rental Markets,” Harvard Joint Center for
Housing Studies virtual event, September 4, 2020, https://www.jchs.harvard.edu/calendar/impact-covid-19-renters-and-
rental-markets. See also, Sophia Wedeen, Black and Hispanic Renters Face Greatest Threat of Eviction in Pandemic,
Harvard Joint Center for Housing Studies, January 11, 2021, https://www.jchs.harvard.edu/blog/black-and-hispanic-
renters-face-greatest-threat-eviction-pandemic.
6 See Census Bureau Pulse survey data, available at https://www.census.gov/programs-surveys/household-pulse-

survey/data.html#phase3.

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September 4, 2020, and has been extended several times, most recently through July 31, 2021. 7
While the moratoriums prevent eviction for nonpayment of rent, they do not prevent arrearages
from accumulating, which could result in eviction when moratoriums lift. Renter inability to
maintain payments also affects landlords. This may particularly result in hardship for smaller
landlords, who are estimated to have lower incomes and make up larger shares of Black and
Hispanic landlords. 8
At the outset of the COVID-19 pandemic, states and localities relied on federal funds
appropriated as part of the CARES Act, including funds distributed through CRF, to operate
rental assistance programs. 9 Households may have drawn on CARES Act stimulus checks,
expanded unemployment benefits, and borrowing to cover rent. However, some of these sources
of funds became depleted as the pandemic continued. 10 Estimates suggest that total rental arrears
were $57 billion as of the end of January 2021. 11
Organizations representing both tenants and landlords have advocated for additional federal funds
to help tenants pay their rent. 12 Legislation was introduced in the 116th Congress that would have
provided as much as $100 billion to help tenants pay rent. 13 Ultimately, Congress appropriated
nearly $47 billion for emergency rent and utility assistance through ERA.

State and Local Allocations
P.L. 116-260 (ERA-1)
P.L. 116-260 provided a total of $25.000 billion in ERA support to governments in states,
territories, and tribal areas. Payments (denoted as ERA-1 payments here and in Treasury
documentation) are distributed across these jurisdictions as follows:
 $23.785 billion is allocated for governments in the 50 states and the District of
Columbia (DC) based on their populations (as projected by the U.S. Census
Bureau for July 2020), 14 with no state receiving less than $0.200 billion;

7
For more information, see CRS Insight IN11673, The CDC’s Federal Eviction Moratorium .
8 Small landlords in the analysis are those owning 2-4 unit properties; Jung Hyun Choi and Caitlin Young, Owners and

Renters of 6.2 Million Units in Small Buildings Are Particularly Vulnerable during the Pandemic , T he Urban Institute,
August 10, 2020, https://www.urban.org/urban-wire/owners-and-renters-62-million-units-small-buildings-are-
particularly-vulnerable-during-pandemic.
9 See examples from the National Conference of State Legislatures, which tracks the ways in which states are using

their CRF allocations: https://www.ncsl.org/research/fiscal-policy/state-actions-on-coronavirus-relief-funds.aspx.
10
Jim Parrott and Mark M. Zandi, Averting an Eviction Crisis, Urban Institute, January 25, 2021,
https://www.urban.org/sites/default/files/publication/103532/averting-an-eviction-crisis.pdf (hereinafter, Averting an
Eviction Crisis).
11 Ibid.

12
See, for example, National Housing Conference, “31 housing organizatio ns tell administration and Congress to
immediately return to negotiations,” press release, August 21, 2020, https://nhc.org/press-release/31-housing-
organizations-tell-administration-and-congress-to-immediately-return-to-negotiations/.
13 See the Heroes Act (H.R. 6800) and the Emergency Rental Assistance and Rental Market Stabilization Act (H.R.

6820, S. 3685).
14 U.S. Census Bureau, “Vintage 2020 Population Estimates for the United States and States,” December 2020,
https://www.census.gov/programs-surveys/popest/technical-documentation/research/evaluation-estimates.html.
Allocations are determined by total state populations, including nonrenters; for recent estimates of state renter
populations, see U.S. Census Bureau, “American Community Survey 2015-2019 5-Year Data Release,” December

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 $0.800 billion is set aside for governments in tribal areas, with individual
government allocations distributed in proportion to relative payments made under
the Native American Housing Block Program in FY2020;15
 $0.400 billion is allocated to the territories of Puerto Rico, the U.S. Virgin
Islands, Guam, the Northern Mariana Islands, and American Samoa, with $0.325
billion provided to Puerto Rico and $0.075 billion distributed to the remaining
territories based on their relative population share; and
 $0.015 billion is set aside to cover federal administrative costs related to program
implementation.
ERA-1 payments are generally provided to state (or territorial) governments, though state
governments may transfer any funds received to local governments so long as funds are used for
eligible purposes. Local governments serving a population of at least 200,000 (as measured by the
U.S. Census Bureau in 2019), 16 may elect to receive assistance directly from Treasury. Any
payments made directly to localities reduce the allocation made to the state government (keeping
the total amount provided across each state constant), and are the product of (1) the state or
territorial allocation amount, (2) the percentage of the state or territorial population attributable to
the local government, and (3) 45%.
In many cases, populations are served by more than one local government that is eligible for
direct assistance from the CRF (e.g., a city with a population of 300,000 located in a county with
200,000 other people and thus having a county population of 500,000). Treasury clarified that in
such cases, all overlapping governments are eligible for assistance. 17 However, direct assistance
payments to larger localities is calculated using only their unique population, or will be reduced
by any amounts also attributable to smaller localities receiving assistance (i.e., in the above
example, the county government would only use a population of 200,000 for its direct payment
calculation).

P.L. 117-2 (ERA-2)
P.L. 117-2 provided a total of $21.550 billion in ERA support to governments in states and
territories. Unlike P.L. 116-260, P.L. 117-2 did not include a separate allocation of funds for tribal
governments. Payments (denoted as ERA-2 payments here and in Treasury documentation) are
distributed across these jurisdictions as follows:
 $18.712 billion is allocated for governments in the 50 states and the District of
Columbia (DC) based on their populations (as projected by the U.S. Census
Bureau for July 2020), 18 with no state receiving less than $0.152 billion;

2020, https://www.census.gov/newsroom/press-kits/2020/acs-5-year.html.
15 For more on the Native American Housing Block Grant program, see CRS Report R43307, The Native American

Housing Assistance and Self-Determination Act of 1996 (NAHASDA): Background and Funding, by Katie Jones.
16
U.S. Census Bureau, “Subcounty Resident Population Estimates: April 1, 2010 to July 1, 2019,” May 2020,
https://www.census.gov/data/tables/time-series/demo/popest/2010s-total-cities-and-towns.html.
17 U.S. T reasury, “Emergency Rental Assistance Program: Data and Methodology for State, Local Government, and

T erritory Allocations,” January 2021, https://home.treasury.gov/system/files/136/Emergency-Rental-Assistance-Data-
and-Methodology-1-11-21.pdf.
18 U.S. Census Bureau, “Vintage 2020 Population Estimates for the United States and States,” December 2020,
https://www.census.gov/programs-surveys/popest/technical-documentation/research/evaluation-estimates.html.
Allocations are determined by total state populations, including nonrenters; for recent estimates of state renter
populations, see U.S. Census Bureau, “American Community Survey 2015 -2019 5-Year Data Release,” December
2020, https://www.census.gov/newsroom/press-kits/2020/acs-5-year.html.

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 $0.305 billion is allocated to the territories of Puerto Rico, the U.S. Virgin
Islands, Guam, the Northern Mariana Islands, and American Samoa, with $0.240
billion provided to Puerto Rico and $0.065 billion distributed to the remaining
territories based on their relative population share;
 $2.500 billion is set aside for high-need grantees, to be distributed by the
Treasury Secretary using statistics on high-need housing, rental market costs, and
unemployment (ERA-2 High Need); and
 $0.033 billion is set aside to cover federal administrative costs related to program
implementation.
Direct local allocation identifications, calculations, and division of payments across overlapping
governments in P.L. 117-2 are consistent with the methodology from P.L. 116-260. However, P.L.
117-2 directed that ERA-2 funds be staggered in their distribution. Specifically, Treasury was
directed to distribute no less than the first 40% of ERA-2 funds within 60 days of enactment, with
the remainder to be distributed after grantees expend 75% of their initial ERA-2 allocation. 19
Table 1 shows ERA-1 and ERA-2 allocations and estimates broken out by state and territory, and
government level. 20

Table 1. Emergency Rental Assistance Allocations in P.L. 116-260 (ERA-1) and P.L.
117-2 (ERA-2, ERA-2 High Need)
(All allocations in millions of dollars)
Allocations to State Governments Allocations to Local Governments

ERA-2 ERA-2
State or High High Grand
Territory ERA-1 ERA-2 Need ERA-1 ERA-2 Need Total

Alabama 263 208 21 63 50 10 616
Alaska 165 125 0 35 27 0 352
American 10 9 0 0 0 0 19
Samoa
Arizona 290 229 0 203 160 39 920
Arkansas 174 137 0 27 22 0 360
California 1,498 1,185 26 1,113 881 495 5,197
Colorado 248 196 0 137 109 29 719
Connecticut 236 187 35 0 0 0 457
Delaware 200 152 0 0 0 0 352
District of 200 152 0 0 0 0 352
Columbia
Florida 872 689 51 570 451 124 2,757
Georgia 552 437 42 158 125 34 1,348
Guam 33 29 0 0 0 0 62

19 See P.L. 117-2, §3201(c) available at https://www.congress.gov/bill/117th-congress/house-bill/1319/

text#H61B6162AB8EC496ABB590ADA8F6898FF.
20 U.S. T reasury, “Emergency Rental Assistance Program,” May 2021, https://home.treasury.gov/policy-issues/

coronavirus/assistance-for-state-local-and-tribal-governments/emergency-rental-assistance-program.

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Allocations to State Governments Allocations to Local Governments

ERA-2 ERA-2
State or High High Grand
Territory ERA-1 ERA-2 Need ERA-1 ERA-2 Need Total

Hawaii 125 95 0 75 57 14 366
Idaho 176 134 0 24 18 0 352
Illinois 566 448 32 268 212 70 1,597
Indiana 372 294 32 76 60 11 845
Iowa 195 154 0 15 12 0 376
Kansas 169 129 0 31 23 0 353
Kentucky 264 209 24 33 26 6 562
Louisiana 249 197 0 59 47 18 570
Maine 200 152 0 0 0 0 352
Maryland 258 204 0 143 114 34 754
Massachusetts 421 333 55 36 29 20 893
Michigan 623 493 25 38 30 45 1,254
Minnesota 289 229 0 86 68 18 690
Mississippi 187 145 0 13 10 2 358
Missouri 324 256 23 84 67 18 772
Montana 200 152 0 0 0 0 352
Nebraska 159 121 0 41 31 5 357
Nevada 125 99 0 83 66 21 394
New 179 136 0 21 16 0 352
Hampshire
New Jersey 354 280 0 235 186 86 1,141
New Mexico 161 123 0 39 29 6 358
New York 801 634 39 481 381 258 2,594
North 547 432 57 156 124 14 1,331
Carolina
North 200 152 0 0 0 0 352
Dakota
Northern 10 9 0 0 0 0 19
Mariana
Islands
Ohio 565 447 49 210 167 39 1,476
Oklahoma 210 166 0 54 43 12 485
Oregon 204 162 0 77 61 22 526
Pennsylvania 570 451 49 278 220 43 1,610
Puerto Rico 325 240 0 0 0 0 565
Rhode Island 200 152 0 0 0 0 352

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Allocations to State Governments Allocations to Local Governments

ERA-2 ERA-2
State or High High Grand
Territory ERA-1 ERA-2 Need ERA-1 ERA-2 Need Total

South 272 215 31 74 59 0 651
Carolina
South Dakota 200 152 0 0 0 0 352
Tennessee 383 303 29 73 58 16 862
Texas 1,308 1,035 66 639 506 133 3,686
U.S. Virgin 21 18 0 0 0 0 40
Islands
Utah 150 119 0 65 52 6 392
Vermont 200 152 0 0 0 0 352
Virginia 525 415 43 45 36 15 1,079
Washington 322 255 24 188 149 41 979
West Virginia 200 152 0 0 0 0 352
Wisconsin 322 255 26 65 51 16 735
Wyoming 200 152 0 0 0 0 352
All Tribal 800 0 0 0 0 0 800
Governments
Totals 18,305 14,195 779 6,680 4,822 1,721 46,502

Source: U.S. Treasury, “Emergency Rental Assistance Program,” May 2021, https://home.treasury.gov/policy-
issues/cares/emergency-rental-assistance-program.
Notes: Recipients may choose to transfer funds to governments within their jurisdiction, but are not obligated
to do so. Sums may not equal totals due to rounding.

ERA Program Parameters
When P.L. 116-260 created the ERA program under the CRF, it established parameters for how
the funds can and should be spent. Those parameters are relatively broad, but are more
prescriptive than what was included in the original CARES Act CRF. Treasury has issued
Frequently Asked Questions (FAQs) and other guidance documents regarding how certain aspects
of the law are to be applied. 21 For the second round of ERA funding, P.L. 117-2 made some
changes that are applicable to the first round of funding (i.e., expenditure deadlines); and others
that are applicable only to the second round (i.e., income eligibility and caps on administrative
and housing stability services funding). Treasury has revised its FAQs multiple times to reflect
the requirements of both ERA-1 and ERA-2 and in response to stakeholder feedback.22

21 T reasury guidance can be found at https://home.treasury.gov/policy-issues/cares/emergency-rental-assistance-

program.
22 T reasury has revised FAQs in February, March, May, and June of 2021. See the February FAQs at
https://home.treasury.gov/system/files/136/ERA-Frequently-Asked-Questions_Pub-2-22-21.pdf, March FAQs at
https://home.treasury.gov/system/files/136/ERA-Frequently-Asked-Questions_Pub-3-16-21.pdf, May FAQs at
https://home.treasury.gov/system/files/136/ERA2FAQs%205-6-21.pdf (hereinafter, “ Treasury May 7, 2021, FAQs”),

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As noted, ERA funds are provided from Treasury to states and localities, which can use the funds
to design their own rental assistance programs within the requirements of the law and Treasury
guidance. Some states and localities may be able to use the new funds to supplement existing
rental assistance programs created with CARES Act or other funds, to the extent their existing
programs align with the emergency rental assistance statutory requirements (which are outlined
below).

Eligible Use of Funds
P.L. 116-260 directed that 90% of ERA funds be spent on direct financial assistance and that up to
10% could be spent on administrative expenses and housing stability services. 23
For the second round of ERA funding, P.L. 117-2 directed that no more than 15% be spent on
administrative expenses and 10% be spent on housing stability services, leaving at least 75% to
be spent on direct financial assistance.

Financial Assistance
P.L. 116-260 defined financial assistance as assistance to tenants for
 rent and rental arrears,
 utilities and home energy costs and arrears, and
 other expenses related to housing incurred due, directly or indirectly, to the
COVID-19 outbreak, as defined by the Treasury Secretary.
The definition of financial assistance under P.L. 117-2 is nearly identical, except when it comes to
other expenses related to housing. The P.L. 117-2 definition does not require that the expenses be
related to the COVID-19 outbreak.
Treasury issued an FAQ document in January 2021 clarifying that telecommunications services
are not considered utilities under this program. 24 However, Treasury later revised the FAQs to
define “other expenses” eligible for assistance to include internet service, if it allows renters to
engage in distance learning, telework, and telemedicine and obtain government services. 25
Additional “other expenses” identified in the FAQ include relocation expenses and rental fees (if
a household has been displaced due to COVID-19), and accrued late fees.

Length of Assistance
Under P.L. 116-260, assistance can be provided for no more than 12 months, with the possibility
of one 3-month extension. Payments made for prospective rent are subject to additional

and June FAQs at https://home.treasury.gov/system/files/136/ERA_FAQs_6-24-21.pdf (hereinafter, “Treasury June 24,
2021, FAQs”).
23 T reasury’s initial guidance interpret ed this 10% limitation as applying to both administrative fees and housing

stability services combined. Subsequent guidance has amended that interpretation to allow grantees to use up to 10% of
ERA-1 funds for housing stability services, and up to 10% of t otal funds for administrative expenses.
24
See the January FAQ at https://home.treasury.gov/system/files/136/ERA-Frequently-Asked-Questions_Pub-1-19-
21.pdf.
25 See the February FAQ revision at https://home.treasury.gov/system/files/136/ERA-Frequently-Asked-

Questions_Pub-2-22-21.pdf, FAQ 7, p. 4.

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limitations; they can only be provided in 3-month increments and only if rental arrearages are
addressed.
Under the terms of P.L. 117-2, recipients can receive no more than 18 months of assistance under
both rounds of ERA combined.
Treasury’s May 7, 2021, FAQs clarified that grantees must prohibit landlords from evicting
tenants for nonpayment of rent during the period for which they have received prospective rent
payments. Treasury’s guidance also encourages grantees to set policies prohibiting landlords who
receive payment for rental arrearages from evicting tenants for nonpayment of rent for some
period, consistent with applicable law. 26

Payments
P.L. 116-260 directed that payments be made directly to landlords or utility providers, but it
allows payments to be made directly to tenants if landlords or utility providers are unwilling to
accept such payments. According to the May 7, 2021, FAQs, Treasury has reduced the amount of
time grantees must wait for landlords or utility providers to respond to outreach efforts before
making payments directly to tenants. 27
Landlords are permitted to aid their tenants in applying, or they may apply directly. Landlords
who apply directly must meet certain conditions (including obtaining tenant signatures , notifying
tenants of the application, and ensuring any funds received are applied to tenants’ rental
obligations).
The requirements for ERA-2 funding set by P.L. 117-2 are largely the same, although, according
to guidance in the May 7, 2021, FAQs, grantees may use their ERA-2 funding to offer assistance
directly to tenants without first attempting to contact landlords or utility providers. 28 Additionally,
a revision to the FAQs issued on June 24, 2021, permitted grantees to enter into data sharing
agreements and bulk payment arrangements for large landlords and utility providers. 29

Administrative Costs and Housing Stability Services
Under P.L. 116-260, the remaining 10% of grant funds can be used for grantee administrative
costs and housing stability services, which Treasury has interpreted as allowing grantees to use up
to 10% of grant amounts each for housing stability services and administrative costs. 30
P.L. 116-260 defined “housing stability services” as case management and other services related
to COVID-19, to be defined by the Secretary, that are intended to keep tenants stably housed. It
restricted administrative expenses to those tied to providing financial assistance and housing
stability services, including for data collection and reporting requirements.
P.L. 117-2 established a cap of up to 15% of total grant funding for administrative expenses and
up to 10% can be for housing stability services. The law defined “housing stability services” as
case management and other services intended to keep households stably housed, without
reference to COVID-19. It defined “administrative expenses” as those included under P.L. 116-

26
T reasury May 7, 2021, FAQs, FAQ 32, p. 14.
27 T reasury May 7, 2021, FAQs, FAQ 12, p. 8.

28 T reasury May 7, 2021, FAQs, FAQ 12, p. 8.

29 T reasury June 24, 2021, FAQs, FAQ 38, p. 16.

30 See footnote 23.

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260, as well as costs associated with other affordable rental housing and eviction prevention
activities.

Individual Eligibility and Prioritization
P.L. 116-260 established a three-part eligibility test based on income level, income loss or other
financial hardship, and risk of homelessness or housing instability. It also established a set of
income targeting requirements to guide states and localities in prioritizing assistance. P.L. 117-2
largely adopted the same requirements, but with some changes.

Eligibility
Under P.L. 116-260, to be eligible for direct financial assistance or housing stability services,
households must be renters and
 low-income, defined (consistent with federal housing law) as having income at or
below 80% of local area median income as established by the Department of
Housing and Urban Development (HUD);
 experiencing financial hardship, as evidenced by receipt of unemployment
benefits or a written attestation of other pandemic-related financial hardship
(income loss or increased expenses); and
 have at least one member at risk of homelessness or housing instability, as
evidenced by past due rent or utility notices (including eviction notices), unsafe
living conditions, or other evidence as established by the grantee.
The eligibility definition in P.L. 117-2 does not include the detail as to how an individual can
demonstrate a risk of homelessness or housing insecurity that was included in P.L. 116-260.
Neither law addresses noncitizen eligibility for assistance under the ERA program. 31

Prioritization
P.L. 116-260 directs grantees to prioritize the following individuals for direct financial assistance
and housing stability services:
 very low-income tenants, defined (consistent with federal housing law) as having
income at or below 50% of local area median income as established by HUD;
and
 applicants who are unemployed and have been unemployed for the prior 90 days.
The law permits states and localities to further establish their own prioritization policies.
P.L. 117-2 made these provisions applicable to the second round of ERA funding.

31 Some questions have arisen as to whether noncitizen eligibility restrictions under the Personal Responsibility and
Work Responsibility Act of 1996 (PRWORA; T itle IV of P.L. 104-193, as amended) apply to assistance under the
ERA program. T o date, T reasury has not issued guidance on the applicability of PRWORA noncitizen restrictions to
these funds. For more information about PRWORA’s restrictions, see CRS Report R46510, PRWORA’s Restrictions on
Noncitizen Eligibility for Federal Public Benefits: Legal Issues.

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Documentation
P.L. 116-260 specified that grantees may determine an applicant’s income eligibility based on
annual income or current monthly income (subject to three-month recertification).
P.L. 117-2 does not include provisions related to income determination.
Treasury’s May 7, 2021, FAQs state: “Treasury strongly encourages grantees to avoid
establishing documentation requirements that are likely to be barriers to participation for eligible
households.”32 For example, the FAQs say a grantee may rely on an applicant’s self-attestation of
income under certain circumstances. 33

Funding Availability and Reallocation
P.L. 116-260 made first round ERA funds available to grantees through December 31, 2021; the
deadline was subsequently extended to September 30, 2022, by P.L. 117-2. However, beginning
September 30, 2021, the Treasury Secretary is directed to recapture any excess unobligated funds
(as determined by the Secretary) and to reallocate them to grantees that have obligated at least
65% of their funds for eligible purposes. Grantees receiving reallocated funds may request up to a
90-day extension of availability deadline.
Funding provided through P.L. 117-2 is available until September 30, 2025. Beginning March 31,
2022, the Treasury Secretary is directed to reallocate undisbursed funds to grantees that have
obligated 50% or more of their total allocated funds. These reallocated funds can only be used for
financial assistance. Grantees that have obligated at least 75% of their funds for eligible purposes
as of October 1, 2022, may obligate remaining funds for other affordable rental housing and
eviction prevention purposes for very low-income families.

Reporting Requirements
The Treasury Secretary, in consultation with the Secretary of Housing and Urban Development, is
required under P.L. 116-260 to provide quarterly reports on a number of specified program
indicators, including the number of households served by the program, their income profiles, the
acceptance rate of applicants, and the types and amounts of assistance. Grantees must establish
data privacy guidelines for collecting information.
P.L. 117-2 did not contain reporting requirements. Treasury’s May 7, 2021, FAQs encouraged
ERA-2 grantees to comply with the data privacy and security requirements established for ERA-
1. 34

Outstanding Questions
Several aspects of the ERA program will not be known until grantees receive funds and
implement programs at the state and local levels. This section discusses possible questions about
the implementation of the ERA program, adequacy of funds, and potential implications if state
and local governments were to receive additional funds.

32 T reasury May 7, 2021, FAQs, FAQ 1, p. 2.

33 T reasury May 7, 2021, FAQs, FAQ 4, p. 5.

34 T reasury May 7, 2021, FAQs, FAQ 14, p. 9.

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How will local programs be structured?
There is likely to be a great deal of variation across states and localities in terms of how local
ERA programs are structured. Treasury has provided links to state and local ERA programs on its
website at https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-
tribal-governments/emergency-rental-assistance-program/program-index.
As noted earlier, ERA funds are allocated to states and localities. States and localities are then
charged with distributing assistance to eligible renters based on a limited set of program
parameters. Within those parameters, states and localities have authority to determine, for
example,
 who will administer assistance (i.e., a government entity vs. a nonprofit or
community partner);
 how to prioritize among the eligible uses of the funds (e.g., arrears vs.
prospective payments; utilities vs. rent);
 how to ration limited benefits (e.g., lotteries for assistance vs. first-come first-
served or referral-based processes);
 whether and how to further prioritize applicants (e.g., adopting deeper income
targeting than is required by law);
 how much documentation to require of applicants and for recertification periods;
 the amount and duration of benefits provided;
 whether to place conditions on the recipients of assistance (e.g., requiring
landlords to accept partial payment to reduce debt obligations, prohibiting
landlords that accept payment from pursuing eviction); and
 whether and what to provide in terms of housing stability services.
One factor that may influence state and local decisions is the extent to which any existing
emergency rental assistance programs they administer may already meet, or may be easily
adjusted to meet, the requirements for ERA funding. To the extent states and localities can fund
existing programs with their ERA dollars instead of having to establish new programs, the
assistance could potentially be distributed more quickly.
The ability of state and local governments to structure their programs differently will mean that
the experience of similarly situated renters seeking emergency rental assistance will likely vary
geographically. How and whether individual renters are made aware of the availability of ERA
funds in their communities; their individual eligibility and likelihood of being assisted; and how
to access available assistance are currently uncertain.
Treasury’s June FAQ revision included encouragement for grantees to coordinate to reduce
barriers and delays in providing assistance created by differences in local programs in the same
region. The agency also released “promising practices” to ensure assistance can quickly reach
renters in need. 35

Will rental assistance prevent loss of housing?
Both the amount and geographic distribution of ERA funds c ould determine the extent to which
renters may be protected from eviction. Additional federal assistance, which could take various

35 https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/emergency-

rental-assistance-program/promising-practices.

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forms, could also affect the need for, and adequacy of, ERA funds. Further, the ability of grantees
to establish ERA programs, engage landlords, and process tenant applications could also affect
tenant outcomes.
Because there is no definitive estimate of renters in arrears and the amounts they owe, it is
unknown whether all renters who are behind will be able to receive assistance with available
funding. Estimates of the need for rental assistance vary and may depend on the data source and
methodology (which are not examined in this report). 36 Research released in January 2021
predicted that the first round of ERA rental assistance would be insufficient to meet the needs of
all delinquent renters. 37 Since that time, P.L. 117-2 funded another $21.550 billion in rental
assistance as well as additional direct aid to individuals via stimulus payments and refundable
child tax credits. Whether this additional aid will be sufficient to address outstanding arrearages
and avoid widespread housing disruption when eviction moratoriums end is yet to be seen.
On June 24, 2021, concurrent with the announcement of the extension of the CDC eviction
moratorium through July 31, 2021, the White House announced a series of actions designed to
help state and local governments prevent evictions. These included the previously mentioned
June revisions to Treasury’s ERA FAQs, designed to speed the delivery of assistance; a letter to
state and local courts from the Deputy Attorney General encouraging the adoption of eviction
diversion efforts and guidance on how ERA funds can be used to support such efforts; and
implementation of “a whole-of-government effort to raise awareness about emergency rental
assistance.”38
At the end of June, Treasury released initial data on ERA-1 expenditures. It found that of the $25
billion allocated, grantees had spent approximately $1.45 billion on rent, utilities, and arrears
from January to May 2021, serving approximately 345,000 unique households, and separately
had committed roughly $1 billion to administrative costs and housing stability services. The data
show spending that is accelerating; roughly half of total spending occurred in the last month
(May) of the reporting period. 39 Treasury’s accompanying analysis of these data stated “while
some state and local programs are increasingly reaching households in need, others lag far
behind, and many programs have just launched in recent weeks.”40

36 Various estimates made in 2020 predicted arrears of $7 billion, $25 -$34 billion, and $70 billion by the end of the

year. See Davin Reed and Eileen Divringi, Household Rental Debt During COVID-19, Federal Reserve Bank of
Philadelphia, October 2020, https://www.philadelphiafed.org/-/media/frbp/assets/community-development/reports/
household-rental-debt-during-covid-19.pdf; Stout, Risius Ross LLC, Analysis of Current and Expected Rental Shortfall
and Potential Eviction Filings in the U.S., National Council of State Housing Finance Agencies, September 25, 2020,
https://www.ncsha.org/wp-content/uploads/Analysis-of-Current-and-Expected-Rental-Shortfall-and-Potential-
Evictions-in-the-US_Stout_FINAL.pdf; and John Lonski, Weekly Market Outlook: Markets Avoid Great Recession’s
Calamities, Moody’s Analytics, August 13, 2020, p. 9, https://www.moodysanalytics.com/-/media/article/2020/weekly-
market-outlook-markets-avoid-great-recessions-calamities.pdf.
37 Averting an Eviction Crisis.

38 White House, “ FACT SHEET : Biden-Harris Administration Announces Initiatives to Promote Housing Stability By

Supporting Vulnerable T enants and Preventing Foreclosures,” June 24, 2021, https://www.whitehouse.gov/briefing-
room/statements-releases/2021/06/24/fact-sheet-biden-harris-administration-announces-initiatives-to-promote-housing-
stability-by-supporting-vulnerable-tenants-and-preventing-foreclosures/.
39
See https://home.treasury.gov/system/files/136/ERA-Compliance-Report-06302021.xlsx
40 T reasury Department, Emergency Rental Assistance Data Shows Programs Ramping Up, but States and Localities

Must Do More to Accelerate Aid, https://home.treasury.gov/system/files/136/2021-07-02-ERA-Data-Blog-Post-vF.pdf.

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Will state and local governments use other federal funding for
rental assistance and eviction prevention?
How state and local governments choose to distribute ERA funds across programs and other
governments may depend on the availability of other federal assistance during the COVID-19
pandemic for rental assistance. Separate from the ERA funding, the federal government provided
a total of $512 billion in general assistance to state and local governments through the CARES
Act ($150 billion) and P.L. 117-2 ($362 billion). General assistance through the CARES Act was
used by government recipients to fund a number of housing initiatives, 41 and eligible uses of P.L.
117-2 general assistance include programs “to respond to the public health emergency … or its
negative economic impacts, including assistance to households.”42 The White House fact sheet
released in June 2021 highlighted the authority to use state and local fiscal relief funds for
eviction diversion purposes. 43
Treasury published its Interim Final Rule for allowable uses of state and local recovery funds
received through P.L. 117-2 in May 2021. 44 The guidance includes an intent to make eligible for
funding programs that respond to the negative economic impacts of the COVID-19 public health
crisis, with emphasis on mitigating any exacerbation of pre-existing economic disparities. The
guidance also allows for payments to replace lost revenues to the extent that annual own-source
revenue growth is below the greater of (1) 4.1% or (2) the government’s average revenue growth
rate in the three years prior to the COVID-19 crisis. Such revenue replacement can then be used
for the general provision of government services under the Interim Final Rule. The comment
period for the Interim Final Rule closes July 16, 2021, with a Final Rule expected to be released
after those comments have been considered.

Author Information

Grant A. Driessen Libby Perl
Specialist in Public Finance Specialist in Housing Policy

Maggie McCarty
Specialist in Housing Policy

41 Pandemic Oversight, “Coronavirus Relief Fund,” accessed March 23, 2021, available at

https://www.pandemicoversight.gov/track-the-money/funding-charts-graphs/coronavirus-relief-fund.
42
42 U.S.C. 801, Section 602(c)(1)(A), which provides eligible uses for the Coronavirus State Fiscal Recovery Fund.
Identical language is included in statute for the Coronavirus Local Fiscal Recovery Fund.
43 White House, “ FACT SHEET : Biden-Harris Administration Announces Initiatives to Promote Housing Stability By

Supporting Vulnerable T enants and Preventing Foreclosures,” June 24, 2021, https://www.whitehouse.gov/briefing-
room/statements-releases/2021/06/24/fact-sheet-biden-harris-administration-announces-initiatives-to-promote-housing-
stability-by-supporting-vulnerable-tenants-and-preventing-foreclosures/.
44 For access to the Interim Final Rule and more information on funding, see T reasury Department, “Coronavirus State

and Local Fiscal Recovery Funds,” May 2021, available at https://home.treasury.gov/policy-issues/coronavirus/
assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recovery-funds.

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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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