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CA Housing Provider Landlord Relief

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Updated on Aug 18, 2021

Expanded rental assistance is now available housing providers under the California Rent Relief Program. The program provides financial assistance for unpaid rent to residential landlords with eligible tenants to recoup 100% of unpaid COVID-19 rent owed going back to April 1, 2020.

To help guide members and their tenants through the rent relief available, C.A.R. has compiled the following resources and tools including fact sheet, application information, videos and flyers. The emergency rental assistance programs outlined here will run through March of 2022, or until the funding runs out. 

 

RENT RELIEF (English)  - (Spanish version here)

 

 

HOUSING IS KEY

 

 

CALIFORNIA RENT RELIEF WEBINAR

 

 

Application Process:

How to apply

 

Application status

 

Resources & Information

CA Rent Relief Toolkit

Local Partner Network - (833) 687-0967

FAQs: Resources for Renters/Landlords


Mortgage forbearance for homeowners and landlords
Most homeowners can pause or reduce their mortgage payments for a limited time if they’re struggling because of COVID-19. This is called forbearance. You request forbearance from your mortgage servicer. Landlords with four properties or less can also request forbearance. 

Learn the steps to pause or reduce your mortgage payments at Help for homeowners.

Your deadline to request forbearance depends on who backs your mortgage. 

  • If your loan is a "single family" loan backed by HUD/FHA, USDA, or VA, the deadline for requesting an initial forbearance is September 30, 2021.
  • If your loan is a "single family" loan backed by Fannie Mae or Freddie Mac, there currently is not a deadline for requesting an initial forbearance.
  • For these purposes, “single-family” means homes designed for one to four families.

If your mortgage is not federally backed, your servicer may offer similar forbearance options. If you are struggling to make your mortgage payments, your servicer must discuss relief options with you.

 

Your rights if you’re denied forbearance
If your servicer denies your request for forbearance, they must provide you with:

  • A detailed description explaining why your request was denied, and
  • The specific reasons for the denial

This is true for all mortgages, whether federally-backed or not.

If the explanation says your request has errors or is missing information, you have 21 days to correct these issues. 

If you requested forbearance, your lender cannot begin foreclosing on your home or property until they:

  • Contact you to request payment
  • Wait at least 30 days after contacting you to request payment
  • File a declaration that they have contacted you to request payment
  • File the forbearance denial notice

You can contest either the 30-day contact or the forbearance denial notice.

If you believe your lender harmed you by violating the law, you can file a lawsuit against them. You can get free or low-cost legal help from statewide and local organizations.

These protections are in effect until December 1, 2021, if you’re denied forbearance.

Find more information:

  • Fact sheet on mortgage forbearancePDF
  • Homeowner and landlord protection guidelines

The above information is taken primarily from the California state website: https://covid19.ca.gov 

Foreclosure Moratoriums 

Although foreclosure moratoriums under both federal CARES Act and the American Rescue Plan of 2021 have expired, both Fannie Mae and Freddie Mac are under instructions from the Federal Housing Finance Agency to continue the federal foreclosure moratorium through December 31, 2021, for a borrower's principal residence. 

Mortgage Relief 
For those behind on mortgages of their principal residence of a 1 to 4 properties the American Rescue Plan Act of 2021 extends assistance. However, the program appears to have yet to receive the promised funding. Once it does, applications will be accepted at the following site:
https://camortgagerelief.org/

Otherwise, this is the eligibility

  • Must be the primary residence of the homeowner
  • On residential 1-4 dwellings secured by a mortgage or deed of trust on a principal residence of the borrower;
  • The original balance of the loan was not more than the conforming loan limit;
  • The dwelling was intended for occupancy as a residence for one or more individuals;
  • For homeowners experiencing financial hardship after January 21, 2020, with attestation;

Overall, the program requires that at least 60% of the money is set aside for homeowners having incomes at or less than the 100% median income. Remaining funds shall be prioritized to socially disadvantaged individuals. However, homeowners with income up to 150% AMI are eligible


Additional information provided by the California Attorney General's website: 
https://oag.ca.gov/news/press-releases/attorney-general-bonta-reminds-tenants-and-homeowners-their-rights-and

If you are having trouble making payments because of COVID-19, ask your mortgage servicer for help. Homeowners with a federally backed mortgage have certain protections:

  • Foreclosures for federally backed mortgages were suspended through July 31, 2021. For single-family homes with mortgages backed by the FHA, evictions are suspended through September 30, 2021.
  • Homeowners with federally backed mortgages can get a forbearance. Forbearance plans allow you to temporarily lower or postpone your monthly mortgage payment for a certain period of time, but you must make up those payments later. To learn more, see the Consumer Financial Protection Bureau's What Is Forbearance web page. To get a forbearance, you must contact your servicer to ask for it.
    • For single-family homes with mortgages backed by the FHA, VA, or USDA, the deadline for asking for a forbearance is September 30, 2021. You can get a 6-month forbearance and can ask for a further extension. If you were in forbearance as of June 30, 2020, you can extend your forbearance period by 12 months (total forbearance of 18 months). If you got a forbearance after June 30, 2020, you can extend your forbearance period by 6 months (total forbearance of 12 months).
    • For single-family homes with mortgages backed by Fannie Mae or Freddie Mac, no deadline for asking for a forbearance has been announced. You can get a 6-month forbearance and can ask for a further extension. If you were in forbearance as of February 28, 2021, you can extend your forbearance period by 12 months (total forbearance of 18 months).

To find out if your loan is federally backed or which agency backs it, contact your servicer or see the Consumer Financial Protection Bureau's Relief You May Qualify For web page. https://www.consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/help-for-homeowners/find-your-servicer/

Even if you do not have a federally backed mortgage, many financial institutions have agreed to provide forbearances or other relief to homeowners impacted by COVID-19. Contact your servicer to discuss your options. Before agreeing to a forbearance or other option, make sure you understand the terms of any forbearance plan or other options offered. Under some forbearance plans, you must resume your regular monthly payments and immediately pay back the postponed payments unless you qualify for a different option. You may have different repayment options, including making up the payments at the end of your loan term. Make sure you know what the repayment terms are and what options you will have if you are still struggling to make payments after the forbearance period. Also check to see if your servicer will waive any late fees or penalties and refrain from negative credit reporting. 

If you became more than 120 days behind on your mortgage on or after March 1, 2020, your servicer can start the foreclosure process before January 1, 2022, if any of the following conditions apply:

  • The servicer evaluated your loss mitigation application (if you submitted a complete application);
  • The property is abandoned; or
  • The servicer has not received any communications from you for at least 90 days before it starts the foreclosure process, even though it tried to contact you and send you written notice.

These conditions do not apply if your servicer starts the foreclosure process on or after January 1, 2022. They also do not apply if you were more than 120 days behind on your mortgage before March 1, 2020.


 
The information contained herein is believed accurate as of March 31, 2020. It is intended to provide general answers to general questions and is not intended as a substitute for individual legal advice. Advice in specific situations may differ depending upon a wide variety of factors. Therefore, readers with specific legal questions should seek the advice of an attorney.

Copyright© 2020 CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). Permission is granted to C.A.R. members to reprint this material in hardcopy or PDF format only for personal use or with individual clients. This material may not be used or reproduced for commercial purposes. Other reproduction or use is strictly prohibited without the express written permission of C.A.R.’s Legal Department. All rights reserved.


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