Am I required to use the CARES Act notice?

Covered Property: any property that participates in certain federal housing programs or that has a federal backed mortgage (15 U.S.C. § 9058(a)(2)). Participation in a federal housing program on behalf of any resident makes the entire property a "covered property." That means if there is one participating tenant in a property, then all of the other, non-participating tenants in the same property also qualify as occupant of "covered dwelling" entitled to the notice required by the Act (See 15 U.S.C. § 9058(b); see also Stacy Burleson v. Sun Plaza Ltd. P’ship, No. D-202-CV-02851 (Bernalillo Cty, New Mexico, July 13, 2021),

Possible qualifying federal housing or loan programs (through October 1, 2022):

  • Public housing;
  • Project-based Section 8 housing or other HUD-subsidized multifamily;
  • Housing Choice Voucher program;
  • Section 202 housing for the elderly;
  • Section 221 below market rate housing;
  • Section 236 multifamily housing;
  • Section 811 housing for people with disabilities;
  • HOME Investment Partnership Program; • Housing Opportunities for People with Aids;
  • McKinney-Vento Act housing programs (including Shelter+Care voucher);
  • Section 515 Rural Development rural rental housing;
  • Section 514/516 farm labor housing;
  • Section 533 USDA preservation grant housing;
  • Section 538 USDA multifamily housing;
  • Rural housing voucher program;
  • Low-income housing tax credit program
  • Fannie Mae owned mortgage loan;
  • Freddie Mac owned mortgage loan;
  • HUD Section 184 Indian Home Loan Guarantee
  • Ginnie Mae backed mortgage loan:

o Federal Housing Administration

o Veterans Administration

o USDA direct or guarantee loan

Add the additional VAWA-covered programs to this list:

  • Section 202 direct loan program
  • Federal housing trust fund program
  • VASH vouchers (or any other program that provides federal housing assistance to veteran families);
  • Transitional housing for survivors of domestic violence, dating violence, sexual assault, or stalking;
  • Any other federal program providing affordable housing to low- or moderateincome persons: o by means of restricted rents or rental assistance, or o otherwise providing affordable housing opportunities as identified through agency regulations, notices, or any other means.”
LandlordSolutions does not provide legal advice. The information we provide is general information for landlords. If you need legal advice or have questions about the application of the law in a particular matter, you should consult a lawyer.

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