AAWNC COVID-19 Information

Posted By: Bryan Holladay Association News,

AAWNC COVID-19 Updates

The U.S. Centers for Disease Control and Prevention (CDC) on 3/29/21 extended its federal eviction moratorium order through 6/30/21. The announcement included modifications, while the core elements of the order remain in effect. The National Apartment Association (NAA) will keep members informed as we update our member guidance accordingly.

As a reminder, the existing order:

  • Applies to virtually all rental housing providers and prohibits action to remove covered renters from their housing during the moratorium period, so long as the renter provides the required documentation to their housing provider.
  • Does not prevent evictions based on the lawful reasons articulated in the order, other than nonpayment of rent.
  • Specifies that outstanding balances become due when the moratorium ends, and housing providers may charge late fees or other penalties for nonpayment of rent.
  • Protects renters who provide a declaration under penalty of perjury to their housing provider (an example form is contained in the order).

Three items of particular concern stand out from the CDC’s announcement:

  1. While the order does not prohibit evictions for engaging in criminal activity while on the leased premises, covered persons may not be evicted on the sole basis that they are alleged to have committed the crime of trespass (or similar state-law offense).
  2. Covered persons may use any written document in place of the declaration form if it includes the required information in the form or use a form translated into other languages.
  3. Individuals who have, who might have been exposed to, or who might have COVID-19 should not be evicted on the grounds that they pose a health or safety threat to other residents; and

NAA has remained strongly opposed to and aggressively advocated against the CDC’s overreaching and destructive order. Last September, NAA participated in one of the first cases challenging the CDC and their authority, and we continue to pursue all legal options. We are encouraged by the growing legal precedent – declaring the order unlawful – that district courts in Texas, Tennessee and Ohio have built over the foundation of NAA’s lawsuit and are actively participating as amici or plaintiffs in a number of cases.

As the situation continues to evolve, NAA will keep you abreast of new developments. As we consider paths forward, all options remain on the table.

Stay safe and well,

Robert Pinnegar, CAE
President and CEO

COVID NC Restrictions Lifted 3/26/2021

North Carolina is reaching new milestones in the fight against the coronavirus pandemic. Trends have continued to show improvement, and Thursday, DHHS announced that one in five North Carolinians was fully vaccinated. In response to the promising news, Governor Cooper and Sec. Cohen announced a relaxation in state social distancing restrictions. “We are in a promising place. With North Carolina’s COVID-19 key metrics improving and vaccinations increasing, we can responsibly use our dimmer switch approach to easing restrictions guided by science and data,” said Cohen.

Cooper's website states the following regarding Executive Order 204

  • Indoor gathering limits will increase from 25 to 50
  • Outdoor gathering limits will increase from 50 to 100
  • The 11PM curfew on alcohol sales is fully lifted
  • Occupancy is returned to 100% indoors and outdoors for places like museums, retail businesses, salons, and personal care shops
  • Occupancy is returned to 75% indoors and 100% outdoors for restaurants, breweries, wineries, amusement parks, gyms, pools, and other places of recreation

Occupancy is returned to 50% indoors and outdoors for bars, conference centers, reception venues, sports arenas, and live performance venues.

Older Updates

Gov. Cooper Issued EO 171 “Assisting North Carolinians At Risk of Eviction.”

NAA Statement on CDC National Eviction Moratorium

CDC Full Statement on Eviction Moratorium 

NAA Best Practices Re-Opening Office and Amenity Spaces

Interim Guidance for Public Pools and Spas

Governor Cooper Signed Executive Order 163

 Executive Order 171 
Wednesday (10/28/2020) afternoon, the association was surprised by Governor Cooper's latest Executive Order. Executive order 171 “Assisting North Carolinians At Risk of Eviction” addresses the application of the CDC eviction moratorium and places additional restrictive guidelines to the eviction process. The order requires landlords to provide tenants with a copy of the CDC Declaration form and submit a signed affidavit confirming that the form was provided to the tenant when filing for eviction. The CDC Order specifically provides that states can supply more restrictive eviction guidelines at their digression. AANC has reached out to the Administrative Office of the Courts and the Chief Justice for clarity on the affidavit requirement. Details as to whether the CARES Act Affidavit will be modified to satisfy the new requirements or if the Courts will provide a separate affidavit are forthcoming. Additional information about Executive Order 171 can be found on AANC's website


CDC has issues Temporary Eviction Moratorium

The National Apartment Association Guidance and FAQs 

The following is an outline of the immediate relevant details of the moratorium:

  1. Applies to all properties;
  2. Is expected to take effect on September 4, 2020;
  3. Only applies to nonpayment related evictions;
  4. Expires December 31, 2020;
  5. Only protects residents who provide a declaration that they are a “Covered Person” by filing which is defined as:
    1. “Covered person”5 means any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action, a declaration under penalty of perjury indicating that:

1) The individual has used best efforts to obtain all available government assistance for rent or housing;

2) The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return),6 (ii)was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;

3) the individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary7 out-of-pocket medical expenses;

4) the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and

5) eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.

6) Beyond prohibiting a lock-out it is not clear at what point in the eviction proceeding the act takes effect as the Declaration set forth above is to be provided to a landlord who has a right to evict the resident or have them removed. In NC this right does not attach until a judgment for possession is issued.          


COVID19 Webinars 

Eviction Prevention - City of Asheville
CARES Act funding: Is intended to support people with income loss due to COVID-19. In our community, also using it to support people with increased vulnerability to complications from COVID-19, due to underlying health conditions as defined by the CDC

Legal Update Webinar with Chris Loebsack, Todd Whitlow & Norm Praet
 teamed up with Chris Loebsack, Norm Praet and Todd Whitlow. In this hour discuss the upcoming expiration of the Federal moratorium, how NC Courts are managing evictions since the expiration of EO 142 and the latest updates regarding eviction proceedings.

AANC Webinar with Chris Loebsack on Tuesday, June 9
AAWNC has teamed up with Chris Loebsack to do another free webinar on Tuesday, June 9 at 1pm. In this hour he will review Governor Cooper and Chief Justice Beasley latest Orders, address eviction moratoriums and discuss the impact this will have on the rental community. Please share the webinar info below with members.

NAA Renters and The Pandemic: An Inside Look at the Resident Experience 6/11
This webinar will uncover how renter expectations and preferences have changed in light of the pandemic. The National Apartment Association (NAA) will also present some recent findings from its monthly owner/operator survey.

"Behaviors That Are Killing Your Likability Right Now" 6/15 11am (free)
Stress is high for everybody right now and most people’s emotions are right on the surface.  When those we interact with are most sensitive, we have to work even harder to maintain our likability. And unfortunately, there are a lot of likability mistakes being made right now.  Join us to learn the 6 most common likability mistakes we’re making right now and how to correct them.

COVID19 Recorded Webinars 

AANC Virtual Session 1

More Than An Employee: A New Way of Seeing Ourselves After This: Our vision may have changed, but the mission is still the same. Are you secure in your mission and clear on how to internally and externally serve others?  Do your values resonate with the head and the heart of your teams?  Tune in and learn how aligning your mission, vision, and values is more critical than ever to heal, stay the course and identify a new way to lead after this. 

AANC Virtual Session 2

The New Normal: Benefits of Successfully Navigating Change in a Fast-Paced Workplace: From new apartment staff to new managers. From new organizational direction to dramatic changes in business due to economic or health concerns. Change is ever present, housing is a basic need and our lives have changed! This session will show you how to best assist all staff, create a culture of openness and ideas and successfully navigate change in your workplace.

Chris Loebsack on NC Evictions and COVID19 (updated 5/11) 
An Update on the recent changes to the NC Eviction Process as impacted by COVID19  with Loebsack and Brownlee's Chris Loebsack.

COVID-19 Pandemic: Assessing Impacts on The Economy, Household Sentiment and the Apartment Market
This in-depth 4/webinar, presented by CoStar Group and the National Apartment Association (NAA), explores the outlook for the U.S. economy, household behavior, market-level performance and key findings from a recent NAA survey of owners and operators. 4/29

Paycheck Protection Program Webinar for the Rental Housing Industry    The National Apartment Association (NAA) and Womble Bond Dickinson (US) LLP invite you to view this important webinar, “Paycheck Protection Program (PPP) and the Multifamily Industry,” which tackles common questions surrounding the PPP and explores its implications for rental housing owners and operators.  

Small Business Benefits in the CARES Act Webina 4/3 presentation featuring Sam Gilboard (NAA) and Norm Praet (Brownlee, Whitlow & Praet). 

Coronavirus Outbreak: What Real Estate Managers Need to Know NAA and the Institute of Real Estate Management (IREM) hosted managers from both rental housing and commercial management for a live panel discussion on addressing the spread of COVID-19 and developing policies and procedures around the coronavirus. Coronavirus Webinar: Answers to Frequently Asked Questions 

NAA COVID-19 Micro-webinar Series The National Apartment Association (NAA) has introduced a new video series as part of our COVID-19 (coronavirus) resources. These brief, 10-minute or less micro-webinars will examine and provide guidance on pressing issues affecting the rental housing industry in light of coronavirus, including: The transition to working remotely, how to handle maintenance requests, what to do if a resident tests positive for COVID-19 and how to handle media requests

Chris Loebsack on NC Evictions and COVID19 (updated 4/2) 
An Update on the recent changes to the NC Eviction Process as impacted by COVID19  with Loebsack and Brownlee's Chris Loebsack.  

Articles and Information

Chief Justice Latest Order on Court Openings

National Apartment Association News Page 

AANC COVID19 Info Page

AANC Rental Strike Position 

NAA COVID19 Economic Impact Reports

Guidance about the proper use of personal protective equipment (PPE)

Breakdown of a Rent Dollar

The Paycheck Protection Program

NAA: Federal Relief Package

NAA Guidance for Dealing with COVID-19

Buncombe Stay Home - Stay Safe COVID-19

NC Evictions & COVID-19 Webinar: Parts 1, 2 & 3

U.S. Small Business Administration Disaster Loans 


Are Apartment Personnel Essential?

It is important to understand that Buncombe County is encouraging everyone to work from home when applicable. And that All Gatherings are prohibited. However, the Supplemental Declaration Of A Local State Of Emergency defines essential business as: 

9.b.vii. Essential Services Necessary to Maintain Essential Operations of Residences or Other Essential Businesses. Trash and recycling collection, processing and disposal; mail and shipping services; building cleaning, maintenance and security; warehouse/distribution and fulfillment; storage for essential businesses; funeral homes, crematoriums and cemeteries. Plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operations of residences and Essential Businesses. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities, contractual obligations, and end of life directives. Businesses that supply other essential businesses with support or supplies needed to operate.
Click for More Information 

Sample Letters for Verifying Essential Workers (click)

Buncombe County has issued a “Stay Home – Stay Safe” Declaration. 
That goes into effect Thursday, March 26, 2020 at 8 p.m. The intent of this declaration is to further minimize all opportunities for exposure and transmission of COVID-19 across the jurisdiction. This declaration directs all Buncombe County residents to “Stay Home – Stay Safe” and to limit movements outside of their homes that are not deemed essential.  This declaration is valid through Thursday, April 9, 2020, at 6 a.m., but will be regularly reviewed and evaluated which may lead to revision, amendment or extension. You can a summary of the Guidelines