15 U.S.C. § 9058

Temporary moratorium on eviction filings

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 15 CasesGoogle Scholar
(a) DefinitionsIn this section:(1) Covered dwellingThe term “covered dwelling” means a dwelling that—(A) is occupied by a tenant—(i) pursuant to a residential lease; or(ii) without a lease or with a lease terminable under State law; and(B) is on or in a covered property.(2) Covered propertyThe term “covered property” means any property that—(A) participates in—(i) a covered housing program (as defined in section 12491(a) of title 34); or(ii) the rural housing voucher program under section 1490r of title 42; or(B) has a—(i) Federally backed mortgage loan; or(ii) Federally backed multifamily mortgage loan.(3) DwellingThe term “dwelling”—(A) has the meaning given the term in section 3602 of title 42; and(B) includes houses and dwellings described in section 3603(b) of title 42.(4) Federally backed mortgage loanThe term “Federally backed mortgage loan” includes any loan (other than temporary financing such as a construction loan) that—(A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.(5) Federally backed multifamily mortgage loanThe term “Federally backed multifamily mortgage loan” includes any loan (other than temporary financing such as a construction loan) that—(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.(b) MoratoriumDuring the 120-day period beginning on March 27, 2020, the lessor of a covered dwelling may not—(1) make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges; or(2) charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.(c) NoticeThe lessor of a covered dwelling unit—(1) may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the lessor provides the tenant with a notice to vacate; and(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the period described in subsection (b).(Pub. L. 116–136, div. A, title IV, § 4024, Mar. 27, 2020, 134 Stat. 492.)
Notes of Decisions
Cited in 36 cases (32 in the last 5 years), 2020–2026 · leading case: Pendleton Place LLC v. Kaleinainoa Asentista, 541 P.3d 397 (Wash. Ct. App. 2024).
Pendleton Place LLC v. Kaleinainoa Asentista, 541 P.3d 397 (Wash. Ct. App. 2024). · cites it 26× “58118-3-II Asentista argues that the trial court erred in entering the writ of restitution order because Pendleton Place failed to provide him with a 30-day notice to vacate as provided by a section of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, 15 U.S.C. §…”
MIMG LXXIV Colonial v. Ellis, 316 Neb. 746 (Neb. 2024). · cites it 9× “Although the parties agree that Nebraska’s Uniform Residential Landlord and Tenant Act (URLTA) required the landlord to provide only 7 days’ notice, the tenant takes the position that a provision within the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act),…”
Hous. Auth. v. Knight, 563 P.3d 1058 (Wash. 2025). · cites it 12× “15 U.S.C. § 9058 . That is, the CARES Act protections apply to tenants living in a dwelling on “covered property,” defined as any property that participates in a covered housing program or a rural housing voucher program, or that has a federally backed mortgage loan.”
Richard Lee Brown v. Sec'y, U.S. Dep't of Health & Human Servs., 4 F.4th 1220 (11th Cir. 2021). “See 15 U.S.C. § 9058 . After Congress’s moratorium expired on July 25, 2020, the President directed the Secretary of the Department of Health and Human Services and the Director of the Centers for Disease Control and Prevention to “consider whether any measures temporarily…”
Go Hps LLC v. Harris, 2025 NY Slip Op 25076 (Civ. Ct. NYC, Queens Cty. 2025). · cites it 3× “[*2] DISCUSSION/CONCLUSION Respondent's motion is predicated on the argument that petitioner failed to serve a 30-day notice to vacate under the relevant provision of the CARES (Coronavirus Aid, Relief, and Economic Security) Act [ 15 USC § 9058 (c)]. [FN1] Respondent asserts…”
Westminster Apts. LLC v. Deetjen, 2025 NY Slip Op 25221 (Civ. Ct. NYC, Kings Cty. 2025). · cites it 51× “DISCUSSION 15 USC § 9058, known as the CARES Act, was enacted in response to the Covid-19 global pandemic and issued a 120-day moratorium on commencement of any non-payment proceedings by landlords of covered dwellings, including dwellings backed by a federally backed mortgage…”
Go Hps LLC v. Harris, 2025 NY Slip Op 50378(U) (Civ. Ct. NYC, Queens Cty. 2025). · cites it 3× “[*2] DISCUSSION/CONCLUSION Respondent's motion is predicated on the argument that petitioner failed to serve a 30-day notice to vacate under the relevant provision of the CARES (Coronavirus Aid, Relief, and Economic Security) Act [ 15 USC § 9058 (c)]. [FN1] Respondent asserts…”
Cahill v. Senecal (Vt. Super. Ct. 2025). · cites it 14× “Tenant alleges that the property where she resides is a “covered property” as that term is defined under 15 U.S.C. § 9058 (a)(2) and as a result Landlord was required to give her a 30-day notice for termination based on non-payment of rent.”
MIMG CLXXII Retreat on 6th, LLC v. Mackenzie Miller & Parties in Possession (Iowa 2025). · cites it 11× “” 15 U.S.C. § 9058 (c)(1). This is a large category, which includes the substantial share of our nation’s rental housing that is privately owned and serves tenants of varied income levels but that also happens to have federally backed mortgage financing.”
Demarcus Hazelwood v. The Common Wealth Apts. (Ind. Ct. App. 2024). · cites it 10× “[8] Our first step in ascertaining whether the thirty-day notice provision outlined in 15 U.S.C. § 9058 (c) applied to Common Wealth is to determine whether Hazelwood’s apartment qualified as a “covered dwelling” under 15 U.”
The Hous. Auth. Of The Cnty. Of King, App. V. Angela Knight, Res. (Wash. Ct. App. 2024). · cites it 7× “15 U.S.C. § 9058 . The statute applies to tenants living in any “covered dwelling,” which includes housing units on properties with “[f]ederally backed mortgage loan[s].”
McRae v. Hope Props. Inc. (D. Kan. 2021). · cites it 6× “15 U.S.C. § 9058 (b)(1). 1 Plaintiff also asserts jurisdiction under 28 U.”
— 15 U.S.C. § 9058(b) — 1 case
Westminster Apts. LLC v. Deetjen, 2025 NY Slip Op 25221 (Civ. Ct. NYC, Kings Cty. 2025). “DISCUSSION 15 USC § 9058, known as the CARES Act, was enacted in response to the Covid-19 global pandemic and issued a 120-day moratorium on commencement of any non-payment proceedings by landlords of covered dwellings, including dwellings backed by a federally backed mortgage…”
— 15 U.S.C. § 9058(b)(i) — 1 case
Westminster Apts. LLC v. Deetjen, 2025 NY Slip Op 25221 (Civ. Ct. NYC, Kings Cty. 2025). “DISCUSSION 15 USC § 9058, known as the CARES Act, was enacted in response to the Covid-19 global pandemic and issued a 120-day moratorium on commencement of any non-payment proceedings by landlords of covered dwellings, including dwellings backed by a federally backed mortgage…”
— 15 U.S.C. § 9058(c) — 1 case
Westminster Apts. LLC v. Deetjen, 2025 NY Slip Op 25221 (Civ. Ct. NYC, Kings Cty. 2025). “DISCUSSION 15 USC § 9058, known as the CARES Act, was enacted in response to the Covid-19 global pandemic and issued a 120-day moratorium on commencement of any non-payment proceedings by landlords of covered dwellings, including dwellings backed by a federally backed mortgage…”
— 15 U.S.C. § 9058(c)(1) — 2 cases
Westminster Apts. LLC v. Deetjen, 2025 NY Slip Op 25221 (Civ. Ct. NYC, Kings Cty. 2025). “DISCUSSION 15 USC § 9058, known as the CARES Act, was enacted in response to the Covid-19 global pandemic and issued a 120-day moratorium on commencement of any non-payment proceedings by landlords of covered dwellings, including dwellings backed by a federally backed mortgage…”
— 15 U.S.C. § 9058(c)(2) — 1 case
Westminster Apts. LLC v. Deetjen, 2025 NY Slip Op 25221 (Civ. Ct. NYC, Kings Cty. 2025). “DISCUSSION 15 USC § 9058, known as the CARES Act, was enacted in response to the Covid-19 global pandemic and issued a 120-day moratorium on commencement of any non-payment proceedings by landlords of covered dwellings, including dwellings backed by a federally backed mortgage…”
— 15 U.S.C. § 9058(c)(i) — 1 case
Westminster Apts. LLC v. Deetjen, 2025 NY Slip Op 25221 (Civ. Ct. NYC, Kings Cty. 2025). “DISCUSSION 15 USC § 9058, known as the CARES Act, was enacted in response to the Covid-19 global pandemic and issued a 120-day moratorium on commencement of any non-payment proceedings by landlords of covered dwellings, including dwellings backed by a federally backed mortgage…”
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