SC Housing Eviction Filings and Late Fees

April 16, 2020

South Carolina Housing Finance and Development Authority Notice: Eviction Filings and Late Fees

The CARES Act (The Act) signed into law by the President on March 27, 2020, in response to the COVID-19 pandemic, imposes a 120-day moratorium on tenant eviction filings and charging late fees for much of the nation’s affordable housing properties. Specifically, the Act applies the moratorium to properties:

  • With a federally backed mortgage or loan; or
  • That participate in a covered housing program as defined in the Violence Against Women Act (VAWA)

All Housing Credit properties, public housing properties, Section 8 Housing Choice Voucher Program participants, Project-Based Rental Assistance properties, HOME Investment Partnerships Program properties, Neighborhood Stabilization Program (NSP) rental properties, and National Housing Trust Fund (NHTF) properties are included in the Act as a covered housing program participants under VAWA.

Therefore, between March 27, 2020 and July 24, 2020 (the 120 moratorium period), owners of Housing Credit properties, public housing properties, Section 8 Housing Choice Voucher Program participants, Project-Based Rental Assistance properties, HOME Investment Partnerships Program properties, Neighborhood Stabilization Program (NSP) rental properties, and National Housing Trust Fund (NHTF) properties may not:

  • Make, or cause to be made, any filing to recover possession from the tenant for nonpayment of rent or other fees/charges; or
  • Charge fees, penalties or other charges to the tenant related to such nonpayment of rent; or
  • Issue a notice to vacate until after July 24, 2020. The notice may not require a tenant to vacate sooner than 30 days after providing the notice to vacate.

The Act does not place a prohibition on declaring a lease in default for nonpayment and does not affect eviction notices filed before March 27, 2020. However, under S.C. Administrative Order No. 2020-03-18-01, the Chief Justice of the South Carolina Supreme Court ordered that all evictions currently ordered and scheduled statewide be rescheduled for a date not earlier than May 1, 2020. Furthermore, the court shall not accept application for ejectment, schedule hearings, issue writs or warrants of ejectment, or proceed in any manner regarding evictions until by subsequent order of the Chief Justice.

Any owners or managers of Housing Credit properties, public housing properties, Section 8 Housing Choice Voucher Program participants, Project-Based Rental Assistance properties, HOME Investment Partnerships Program properties, Neighborhood Stabilization Program (NSP) rental properties, and National Housing Trust Fund (NHTF) properties with questions about this moratorium should seek advice from their attorney.