Strong @ Home: 7 Things Atlanta Residential Rental Property Managers and Landlords Should Know Right Now
There is a lot of information circulating about how the Coronavirus is impacting housing in Atlanta. If you are having challenges keeping up with it all, you’re not alone. To help, we’ve compiled a few highlights to empower you to navigate the new housing policies, while the city stays home, together.
Last revised August 20, 2020
Mayor Keisha Lance Bottoms issued a stay on evictions in the City. Does this apply to all properties throughout the city of Atlanta?
At present, there are 3 Orders driving Coronavirus-related tenant protections.
- Mayor Bottoms issued an Executive Order calling on the Atlanta Housing Authority, Atlanta Beltline Inc., Fulton County / City of Atlanta Land Bank Authority, Invest Atlanta, Partners for Home and the City of Atlanta’s Department of Grants and Community Development to halt residential evictions and filings through August 31.
- The Georgia Supreme Court Chief Justice has extended a statewide judicial emergency order through September 10th. Both Fulton County and DeKalb County courts have issued judicial emergency orders in alignment with the statewide order.
- The Fulton County Magistrate Court has published the following guidance on landlord-tenant proceedings:
- If you filed an eviction between March 14th and July 14th:·
- Your tenant’s answer to the court was due July 21st·
- By July 28th, you must respond to the Fulton County Magistrate Court to notify them whether or not you consent to a virtual hearing. A virtual hearing will only take place if both you and your tenant consent to one.
- If you do consent, your hearing could be scheduled as early as the week of August 10th.
- If you reply that you do not consent to a virtual hearing, the earlier possible date for a hearing is November 2nd.
- If you file/filed an eviction after July 14th, your tenant has seven (7) days to file their response. You will also need to notify the Court whether you consent to have a virtual hearing or if you would like to have an in-person hearing. If you respond that you do not consent to a virtual hearing, the earliest in-person hearing you would have to attend would be November 2nd.
- If you filed an eviction between March 14th and July 14th:·
- The DeKalb County Court also extended its judicial emergency until September 10th in alignment with the statewide judicial emergency order. The earliest in-person hearings will take place after the emergency order expires. Please contact the DeKalb County Magistrate Court for further guidance on scheduling.
- If you filed an eviction between March 14th and July 14th, your tenant’s answer was due July 21st.
- If you file/filed an eviction after July 14th, your tenant has seven (7) days to file their response.
- The Fulton County Magistrate Court has published the following guidance on landlord-tenant proceedings:
- At the federal level:
- The Federal Housing Finance Agency extended its eviction and foreclosure moratorium for single-family properties with mortgaged backed by Fannie Mae and Freddie Mac to August 31 (click here to learn more).
- The Department of Housing and Urban Development extended its eviction and foreclosure moratorium for FHA-insured Title II single-family mortgages through August 31 (click here to learn more)
If my properties do not fall under any of the protected categories, am I clear to file for a tenant eviction during this period?
During this time, we encourage property managers to work with tenants to develop payment plans.
If they are in need of assistance, you can refer them to the United Way of Greater Atlanta to learn about they City’s Emergency Rental Assistance Program. To view eligibility requirements and apply for assistance, they can:
- Access the client application by visiting www.unitedwayatlanta.org or by clicking here.
- Text the keyword C19-ERA to 898-211 to be directed to the application page.
- Visit http://211online.unitedwayatlanta.org/
- Call 2-1-1 to speak with a live 2-1-1 Community Connection Specialist Hours are limited from 8:00 am to 7:00 pm, Monday through Friday. Due to high call volumes, the above-listed options are preferred.
If they do not qualify for the Atlanta COVID-19 Emergency Rental Assistance Program, they can ask about other resources.
If I am a property manager or landlord with Atlanta Housing, what resources are available to me?
If your property is currently supported directly through Atlanta Housing (AH), your tenants may be eligible for AH-specific assistance. There are multiple relief efforts for residents in AH-Owned and AH-Sponsored (Mixed and HomeFlex) communities, as well as Housing Choice Voucher Program residents. Residents suffering Coronavirus-related loss of income can receive a hardship interim recertification and upon approval, receive two months of rent forgiveness.
Please encourage your tenants to apply for AH-supported housing payment assistance:
- Residents of AH-sponsored communities (such as MIXED or HomeFlex) should contact the on-site property management staff at their multifamily community to request a hardship interim recertification.
- Housing Choice Voucher Program (HCVP) residents should request an interim recertification through the normal process, by contacting AH to give notice of their income decrease. If you own a property supported by Atlanta Housing, visit atlantahousing.org/covid19, to learn more.
If my tenants are unable to pay their rent, what protections are in place to prevent me from going into foreclosure?
Multi-Family Properties with Federal Backing
If the property you own is NOT AH-supported but you have a federally backed multifamily mortgage, your lending institution must, under the CARES Act, provide you with a 30-day forbearance, as long as you meet the following criteria:
- You submitted an oral or written request for forbearance affirming that the borrower is experiencing financial hardship.
- You were current on your payments as of February 1, 2020.
If your financial hardships are not resolved during that period, the forbearance may be extended for up to two additional 30-day periods. Requests for an extension must be made 15 days prior to the expiration of the then-current 30-day forbearance period.
Single Family Homes with Federal Backing
Your mortgage could be owned by a bank, or your bank may be acting as a service provider for a federally backed loan (Fannie Mae, Freddie Mac, FHA, VA). The U.S. Consumer Financial Protection Agency offers this resource to help you determine who owns your loan.
If your mortgage is federally backed, the Federal Housing Finance Agency provides several layers of protections for your home:
- Homeowners who are facing financial difficulty due to the Coronavirus may request a delayed payment plan for up to 180 days. At the end of the 180 days, homeowners have the option of applying for an extended payment plan if their financial conditions have not improved.
- Late payments will not be reported to any credit bureaus or reporting agencies.
In order to receive a payment plan through a federally backed mortgage, you must contact your bank or lending agency directly to begin the process. Experts advise that hold times could be higher than usual during this period, so call when you are best able to wait patiently to speak with a lending specialist. When on the phone, we recommend taking notes to the best of your availability.
Once your payment plan is granted, be sure to ask how and when your deferred payments will be due. Different lending institutions will establish different ground rules, so be sure you fully understand the terms of your repayment before you finalize any new plans with your lender.
Finally, be sure to get your payment plan terms in writing. If your lender does not automatically send you a confirmation letter that spells out the terms of your payment modification, send a letter or email to your lender restating your financial hardship and the revised payment plan that were agreed upon during your call. Include the number that you dialed, the date and time of the call, the name of the lending agent or customer representative you spoke with, any case or confirmation number assigned to you, and everything you can remember about the details of the new payment agreement. Be as specific as possible, as this will serve as the official record of your new agreement until an official written agreement arrives from your lender.
Other Properties
There are currently no special policies regulating the management of unsubsidized/privately-backed properties. However, we encourage you to talk with your investors and/or lending institutions to determine whether any type of support or modified financial plan could be arranged in light of this public health crisis. If you’re unsure of who owns your mortgage, you can utilize this resource from the Consumer Financial Protection Bureau.
Mayor Keisha Lance Bottoms issued an Executive Order halting the termination of water service in Atlanta through June 30, 2020. Does this stay apply to property managers and landlords?
Yes. In addition, the following service provider have also suspended service disconnections due to the Coronavirus pandemic.
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- AT&T won’t terminate service of any wireless, home phone or broadband residential or small business customer due to an inability to pay their bill as a result of the coronavirus pandemic through June 30, 2020. (https://www.att.com/help/covid-19/)
- Atlanta Gas Light has suspended service disconnections to ensure that those who can’t pay their bills or whose jobs are affected by COVID-19 do not face the added hardship of interruption of services. (https://www.atlantagaslight.com/together.html)
- Georgia Power has temporarily suspended residential disconnections and will reevaluate the policy and time frame as the situation develops. (https://www.georgiapower.com/covid-19.html)
- Scana Energy has suspended disconnections for non-payment until further notice. (https://www.scanaenergy.com/coronavirus/coronavirus-update/)
- Verizon will waive late fees and will not terminate service to residential and small business customers impacted by the Coronavirus through June 30, 2020. (https://www.verizon.com/about/news/update-verizon-serve-customers-covid-19)
- Xfinity/Comcast will not disconnect customers’ internet service or assess late fees through June 30, 2020, if affected customers contact the company and state that they cannot pay their bills. (https://corporate.comcast.com/covid-19)
For more information about utility disruption suspensions, you may visit the Public Service Commission’s website at www.psc.ga.gov.
What should I do if I cannot pay my utility bills because of Coronavirus-related financial hardship?
Mayor Keisha Lance Bottoms issued an Executive Order halting the termination of water service in Atlanta through August 30, 2020.
For more information about utility disruption suspensions, you may visit the Public Service Commission’s website at www.psc.ga.gov.
If you are having difficulty paying any of your utility bills during the Coronavirus pandemic, please contact your service provider directly and notify them of your financial hardship BEFORE you cease payment. You can also call 2-1-1 to learn more about utility assistance
You may be able to apply for utility assistance from United Way of Greater Atlanta. To view eligibility requirements and apply for assistance, you can:
- Access the client application by visiting www.unitedwayatlanta.org or by clicking here.
- Text the keyword C19-ERA to 898-211 to be directed to the application page.
- Visit http://211online.unitedwayatlanta.org/
- Call 2-1-1 to speak with a live 2-1-1 Community Connection Specialist Hours are limited from 8:00 am to 7:00 pm, Monday through Friday. Due to high call volumes, the above-listed options are preferred.
If you do not qualify for the Atlanta COVID-19 Emergency Rental Assistance Program, be sure to ask about other resources.
What other support resources are available to me during this time?
Relief plans are being established and rolled out in real time. The City of Atlanta will do our best to mine for information that might be off assistance as you weather these unprecedented circumstances. Below are links to websites that we believe may help you manage your property through this pandemic.
Summary: Your company might be eligible for relief from through the CARES Act
https://nlihc.org/sites/default/files/SBA-Loans_CARES-ACT.pdf
Summary: Invest Atlanta is helping small businesses better understand their resources:
https://www.investatlanta.com/business-continuity-loan-fund
Summary: Banks and credit unions are offering financial support during this time
https://www.aba.com/about-us/press-room/industry-response-coronavirus
Who can I contact at the City of Atlanta if I have additional questions about available support and resources during the Coronavirus pandemic?
The City of Atlanta is here to serve you, especially during this difficult period. If you have a specific question or are in need of help, please call our nonemergency help line by dialing 311.
You may also email Coronavirus related questions to [email protected].
Please also sign up to receive Coronavirus-related updates via text. You may register on the homepage of this website, www.atlstrong.org.
Disclaimer: The information on this webpage is provided for general informational purposes only, and is not intended, nor shall it be construed, to be a complete recitation of the provisions contained in the respective source document(s) referenced herein, which you are expressly advised to obtain and fully review for yourself. No information contained in this post should be construed as legal advice from the City of Atlanta; nor is it intended to be a substitute for legal counsel on any subject matter. The City of Atlanta assumes no responsibility or liability for any incorrect/incomplete information obtained herein, or any misinterpretation of the provisions cited, and you are expressly advised to seek independent advice and consulting regarding the subject matter herein from the consultant of your choice. The City of Atlanta reserves the right to modify, expand or withdraw any or all information contained herein at any time without notice.