Today, the Department of Treasury released a new set of FAQs on the emergency rental assistance (ERA) program and the Biden-Harris Administration issued a factsheet announcing new actions to accelerate ERA funds and prevent evictions through a build-on all-of-government approach. This new guidance comes as programs around the nation face increasing pressure to expedite funds to tenants and landlords, as a potential lifting of the CDC eviction moratorium becomes more likely.
This most recent version of FAQs provides additional information regarding previously updated policies, allows for bulk payment to landlords, clarifies differences in eligibility between ERA1 and ERA2 programs, and implements key changes to enhance the overall program and ensure ERA funds get to households in need. While CLPHA is pleased to see some of the requested provisions outlined in our joint industry letter sent to HUD and Treasury have been, we remain concerned that many of the issues highlighted by our members have yet to be implemented. We will continue to advocate for our members’ concerns as we monitor changes to the ERA program and updates coming from Treasury and HUD.
These new FAQs include:
- Treasury is establishing guidelines for providing a portion of estimated bulk payments to landlords and utility providers in anticipation of the full satisfaction of application and documentation requirements
- Treasury provides more flexibility and permissions for grantees to allow for self-attestation
- ERA programs may rely on self-attestation alone when other documentation is not available during the current public health emergency
- State and local grantees may enter into partnership with nonprofits to deliver advance assistance to households at risk of eviction while their applications are still being processed
- ERA programs may make additional payments to landlords who provide housing to at-risk tenants, including those who have been evicted or experienced homelessness in the past year
- To remove barriers to obtain housing, Treasury is allowing ERA payment for past rental and utility arrears at previous addresses
Along with this release from Treasury, the Biden-Harris Administration has also instructed various departments to take steps in order to quickly distribute ERAP funds and prevent evictions. Some of the steps being taken include:
- The Department of Housing and Urban Development (HUD) will be requiring public housing authorities (PHAs) and owners of project-based rental assistance properties to provide tenants facing eviction for non-payment of rent with additional time and other protections to allow them the opportunity to secure ERA funds. To ensure this is being implemented, HUD will extend the time its programmatic regulations require before a tenant is required to vacate a unit once a notice of eviction for non-payment has been issued from 14 days to 30 days, consistent with CARES Act protections.
- The US Department of Agriculture (USDA) will collaborate with the owners of 400,000 rental units in USDA-backed multifamily properties to mitigate all pending evictions.
- The Department of Veteran Affairs (VA) will expand its Supportive Services to Veteran Families (SSVF) program, which provides supplemental rental assistance to very low-income Veteran households, from 7 states and the District of Columbia, to all 50 states, Puerto Rico, the Virgin Islands, Guam, and the District of Columbia.
If you have any questions, comments, or concerns about the newly released ERA FAQs, please send them to Joshua Shokoor, research and policy analyst, at jshokoor@clpha.org.