Housing in The CARES Act

This is not intended to be legal guidance. Interested parties should consult with an attorney or tax preparer to explore eligibility and applicability of these programs.

Policy Change: Foreclosure Moratorium & Consumer Right to Request Forbearance

What is the new policy?	No federally-backed mortgages (FHA; Fannie Mae; Freddie Mac; etc.) can be foreclosed for 60 days as of March 18, 2020 ​(other than vacant or abandoned property)​, and owners ​of 1-4 family homes impacted by coronavirus have the right to request forbearance on mortgage payments for 180 days plus the right to request one additional 180-day extension.
Who does this apply to?	Owners ​of 1-4 family homes with limited income due to coronavirus​.  Tenants in 2-4 family properties also benefit indirectly when properties do not end up in foreclosure.
Timeline/Effective Date	Effective as of March 18, 2020 for 60 days minimum, and a potential of 360 days. FHFA announced on 4/27 that borrowers with Fannie Mae or Freddie Mac mortgages will not be required to repay missed payments in one lump sum. HUD announced on 6/17 an extension of the foreclosure and eviction moratorium for FHA-insured single family mortgages covered under the CARES Act through August 31, 2020 – see the mortgagee letter here. On 8/27 the FHFA announced an extension of the foreclosure moratorium until December 31, 2020.
How is this being rolled out?	via mortgage holders and lenders.
Resources	Fannie Mae COVID-19 Relief Options  Freddie Mac COVID-19 Relief for Homeowners  Freddie Mac COVID-19 Forbearance Plan  FHFA Mortgage Help for Homeowners Impacted by the Coronavirus How to Find Out if Fannie Mae or Freddie Mac Owns Your Mortgage CFPB Guide to Coronavirus Mortgage Relief Options CFPB Mortgage and Housing Assistance During COVID-19

Policy Change: Forbearance of Residential Mortgage Loan Payments for Multifamily Properties

What is the new policy?	Multifamily property owners with federally-backed mortgages (FHA; Fannie Mae; Freddie Mac; etc.) can request forbearance for 30 days, plus the right to request two 30-day extensions for a total of 90 days provided the extension request is made during the covered period and at least 15 days before the current forbearance period would expire.
Who does this apply to?	Multifamily property owners with limited income due to coronavirus. Tenants also benefit, as borrowers receiving forbearance may not evict or initiate eviction of a tenant within the property for nonpayment of rent or assess fees or penalties on any tenant for late payment of rent.
Timeline/Effective Date	Covered period begins on March 27, 2020 and ends on the termination of the coronavirus State of Emergency declared by the President or December 31, 2020. FHFA announced on 4/27 that borrowers with Fannie Mae or Freddie Mac mortgages will not be required to repay missed payments in one lump sum.
How is this being rolled out?	via mortgage holders and lenders.
Resources	Fannie Mae COVID-19 Multifamily Response  Freddie Mac COVID-19 Relief for Multifamily Landlords and Renters  FHFA Mortgage Help for Homeowners Impacted by the Coronavirus HUD Guidance for FHA Approved Multifamily Mortgagees  How to Find Out if Fannie Mae or Freddie Mac Owns Your Mortgage HUD Addressing Tenant Concerns During the COVID-19 National Emergency Freddie Mac Multifamily Lookup Tool  Fannie Mae Multifamily Lookup Tool CFPB Mortgage and Housing Assistance During COVID-19

Policy Change: Temporary Moratorium on Eviction Filings

What is the new policy?	Property owners with federally-backed mortgages (FHA; Fannie Mae; Freddie Mac; etc.) may not evict or initiate eviction of a tenant within the property for nonpayment of rent for 120 days beginning on March 27, 2020. They are also unable to assess fees or penalties on any tenant for late payment of rent.
Who does this apply to?	Tenants with limited income due to coronavirus who live in properties with federally-backed mortgages.
Timeline/Effective Date	Begins on March 27, 2020 and ends after 120 days. HUD announced on 6/17 an extension of the foreclosure and eviction moratorium for FHA-insured single family mortgages covered under the CARES Act through August 31, 2020 – see the mortgagee letter here. On 8/27 the FHFA announced an extension of the eviction moratorium until December 31, 2020.
How is this being rolled out?	via mortgage holders and landlords
Resources	Fannie Mae Help for Renters Fannie Mae COVID-19 Multifamily Response  Freddie Mac COVID-19 Relief for Multifamily Landlords and Renters  FHFA Mortgage Help for Homeowners Impacted by the Coronavirus HUD Guidance for FHA Approved Multifamily Mortgagees  How to Find Out if Fannie Mae or Freddie Mac Owns Your Mortgage NLIHC Database of Multifamily Properties Subject to Federal Eviction Moratoriums HUD Addressing Tenant Concerns During the COVID-19 National Emergency HUD Eviction Moratorium COVID-19 FAQs for Public Housing Agencies HUD Eviction Moratorium COVID-19 FAQs for HOME Program CFPB Mortgage and Housing Assistance During COVID-19

Program: Public Housing Operating Fund

What is it?	Funding and allowances for expanded operating and capital support for federally-sponsored local housing authorities. Funds can be used to prevent, prepare, and respond to COVID-19.
Total Budget Provided in CARES Act for US/MA	$685M US $26.4M MA (direct to LHAs)
Who is administering the program?	U.S. Department of Housing and Urban Development (HUD) distributing directly to local housing authorities who own and operate federal public housing.
Who applies for/receives funds?	Local housing authorities who own and operate federal public housing. (State-subsidized public housing not eligible).
How do the dollars flow?	The dollars will flow from HUD to federally-subsidized local housing authorities.
How is the program being advertised?	HUD is alerting local housing authorities of grant awards as available.
When can applicants apply for the program and when will funds be received if approved?	HUD announced funding allocations and released guidance on 5/1.
Resources	HUD Public Housing Operating Fund HUD CARES Act Funding Guidance for Public Housing HUD CARES Act Funding Allocations for Public Housing

Program: Tenant-Based Rental Assistance

What is it?	Funding to support the Housing Choice (Section 8) Voucher Program, which provides housing assistance to very low income households, as well as additional funding for the Section 811 Voucher Program to support low income adults with disabilities.
Total Budget Provided in CARES Act for US/MA	$1.25B US $850M nationally to local housing authorities for administrative costs related to COVID-19. $400M nationally for increased subsidy due to household income losses. $5.02M MA for Section 8; $286K MA for Section 811; $6.25M MA for Section 8 Admin; $30.7K MA for Section 811 Admin; $19.62M direct to LHAs for Section 8; $4.6M for Section 811 $19.5M direct to LHAs for Section 8 and Section 811 Admin.
Who is administering the program?	U.S. Department of Housing and Urban Development (HUD) distributing to federally-sponsored local housing authorities, including EOHLC.
Who applies for/receives funds?	Very low income households apply to regional and local housing authorities for voucher support.
How do the dollars flow?	The dollars will flow from HUD to local housing authorities, including EOHLC. EOHLC then contracts with regional administering agencies (RAAs) to administer the subsidies to voucher holders and landlords.
How is the program being advertised?	HUD is notifying local housing authorities of additional program funding as available and announcing award allocations on their website.
When can applicants apply for the program and when will funds be received if approved?	Voucher holders themselves cannot apply for these funds. This is not an expansion of vouchers but rather to cover additional, increased costs of current program. HUD announced funding allocations on 5/5/20 (Section 8) and on 5/18/20 (Section 811). HUD announced additional funding allocations for Section 8 and Section 811 admin on 8/10/20.
Resources	HUD Housing Choice Vouchers Fact Sheet   EOHLC Section 8 Housing Choice Voucher Program (HCVP)  HUD CARES Act TBRA (Section 8) Funding Allocations HUD CARES Act TBRA (Section 811) Funding Allocations

Program: Project-Based Rental Assistance

What is it?	Funding to support the Project-Based Housing Choice (Section 8) Voucher Program providing housing assistance to very low income households.
Total Budget Provided in CARES Act for US/MA	$1B US ~$20M MA (direct to contract administrators)
Who is administering the program?	U.S. Department of Housing and Urban Development (HUD) distributing to project-based voucher contract administrators, including MassHousing and other administering agencies (Housing Authorities).
Who applies for/receives funds?	Contract Administrators receive funds from HUD for distribution to owners/landlords to make up the subsidized part of the rent.
How do the dollars flow?	The dollars will flow from HUD through contract administrators to owners/landlords.
How is the program being advertised?	HUD is notifying all project-based contract administrators of funding as available.
When can applicants apply for the program and when will funds be received if approved?	HUD announced allocation of $800M on 5/28/20; remaining allocation of $200M is forthcoming. Owners or their Agents should contact their assigned Account Executive with any questions regarding CARES Act funds.
Resources	HUD Project-Based Rental Assistance  HUD PBRA CARES Act Allocation Memo

Program: Housing for the Elderly Sec. 202

What is it?	Funding to support the Section 202 Elderly Housing Program, which provides funding advances to finance the acquisition, construction, or rehabilitation of structures to serve as supportive housing for very low income elderly persons and provides rent subsidies to help make projects affordable.
Total Budget Provided in CARES Act for US/MA	$50M US $1M MA
Who is administering the program?	U.S. Department of Housing and Urban Development (HUD) distributing to non-profit project owners directly.
Who applies for/receives funds?	HUD distributes directly to project owners.
How do the dollars flow?	The dollars will flow from HUD to project owners directly.
How is the program being advertised?	HUD is notifying project owners of funding as available.
When can applicants apply for the program and when will funds be received if approved?	HUD permitted project owners to apply for up to $25M in Section 202 funding, to be considered for COVID-19 Supplemental Payments. The filing deadline was 8/5/20. See Housing Notice H 20-8 for more information.
Resources	HUD Section 202 Supportive Housing for the Elderly Program

Program: Project-Based Sec. 811

What is it?	Funding to support the Section 811 Project-Based Voucher Program providing housing assistance to low income adults with disabilities.
Total Budget Provided in CARES Act for US/MA	$15M US $6.93M MA
Who is administering the program?	U.S. Department of Housing and Urban Development (HUD) distributing to non-profit project owners directly.
Who applies for/receives funds?	HUD distributes directly to project owners.
How do the dollars flow?	The dollars will flow from HUD to project owners directly.
How is the program being advertised?	HUD is notifying project owners of funding as available.
When can applicants apply for the program and when will funds be received if approved?	HUD announced funding allocations on 8/3/20.
Resources	HUD Section 811 Supportive Housing for Persons with Disabilities

Program: Housing Opportunities for People with AIDS (HOPWA)

What is it?	Funding to provide housing assistance for people living with HIV/AIDS. In some cases, HOPWA assistance will include chemical dependency treatment, mental health treatment, nutritional services, job training and placement assistance, and assistance with daily living. The supplemental funds provided under the CARES Act are to be used by HOPWA grantees as additional funding to maintain operations and for rental assistance, supportive services, and other necessary actions, in order to prevent, prepare for, and respond to coronavirus.
Total Budget Provided in CARES Act for US/MA	$65M US $50,913 MA (to DPH) $907,671 Entitlement Communities (Boston, Cambridge, Springfield, Worcester)
Who is administering the program?	U.S. Department of Housing and Urban Development (HUD) distributing both to states (DPH) and entitlement communities.
Who applies for/receives funds?	States (DPH) and entitlement communities for distribution to eligible housing projects.
How do the dollars flow?	The dollars will flow from HUD to DPH and entitlement communities for distribution to relevant programs.
How is the program being advertised?	HUD is notifying states (DPH) and entitlement communities of grant awards as available.
When can applicants apply for the program and when will funds be received if approved?	HUD posted a notice of implementation instructions and related flexibilities on 5/8/20. HUD webinar for grantees and project sponsors on 5/15/20 – register here. Pending Federal Guidance.
Resources	CARES Act Supplemental Award Information for HOPWA Grantees  CPD Program Formula Allocations and CARES Act Supplemental Funding for FY2020  CPD CARES Act Notice for HOPWA (CPD-20-05)

Program: Emergency Solutions Grant (ESG)

What is it?	Funding to support homelessness services including emergency shelters, street outreach, homelessness prevention, rapid re-housing, and HMIS services to persons experiencing homelessness (sleeping in a shelter, outside, or other place not meant for habitation) or at-risk of homelessness.
Total Budget Provided in CARES Act for US/MA	Phase 1: $1B US (standard formula) + Phase 2: $3B US (by need) allocations pending Phase 1: $16.4M MA (EOHLC) & $13.9M MA Entitlement Communities Phase 2: $27.9M MA (EOHLC) & $45.6M MA Entitlement Communities
Who is administering the program?	U.S. Department of Housing and Urban Development (HUD) distributing both to states (EOHLC) and entitlements communities.
Who applies for/receives funds?	States (EOHLC) and entitlement communities for distribution to homelessness service organizations.
How do the dollars flow?	The dollars will flow from HUD to states (EOHLC) and entitlement communities for distribution to homelessness service organizations. Funds must be spent by September 30, 2022.
How is the program being advertised?	HUD is notifying states (EOHLC) and entitlement communities of grant awards as available. EOHLC will advertise NOFA to homelessness service organizations via CommBuys and email.
When can applicants apply for the program and when will funds be received if approved?	EOHLC announced the NOFA on 4/30 through CommBuys for ESG Phase 1, bid BD-20-1076-OCDDE-OCD01-51110. A virtual bidders conference will be held at 10 am on 5/12. Applications will be accepted on a rolling basis and considered in the order they are received. Application decisions are expected within 3-4 weeks of submission. HUD announced ESG Phase 2 allocations on 6/9. ESG Phase 2 NOFA announced on 6/30 with a bidder’s conference scheduled for 7/8.
Resources	CPD Program Formula Allocations and CARES Act Supplemental Funding for FY2020

Last updated:	August 28, 2020