Renters and homeowners in Arizona, Nevada, and New Mexico are finding it difficult to cover their monthly expenses due to COVID-19 furloughs and layoffs. As we are in the business of helping others find financial solutions during these difficult times, our bankruptcy attorneys gathered the following home and rental New Mexico, Nevada, and Arizona eviction prevention assistance resources.
Update January 20, 2021: President Joe Biden has extended the CDC’s residential eviction moratorium until at least March 31, 2021. Those wishing to prevent eviction are advised to fill out this declaration form. For additional assistance at the state level, please consult the information below.
Arizona Eviction Prevention Assistance
On July 16, 2020, Governor Doug Ducey announced a cooperative agreement with the state’s banks to protect families from evictions and foreclosures. Under this newly extended agreement, banks have agreed to suspend evictions and foreclosures for at least that amount of time with the potential to extend it to meet the state’s emergency declaration. Further, landlords are asked to “consider” deferring or adjusting rent payments and “encouraged” to work with tenants to waive late fees, penalties, and interest.
Tenants and homeowners are still however expected to meet their financial obligations under the agreement. If you would like assistance with learning more about filing an Arizona bankruptcy, please contact us directly for a free consultation.
Arizona Renter Eviction Prevention Assistance
The program is for Arizona renter households who have suffered a substantial loss of income resulting from COVID-19 and do not have financial resources to cover their rent. These renters may be eligible to receive assistance with rent due on a primary residence in Arizona.
Losses of income include:
- Job loss
- Reduction in compensated hours of work
- Other loss of income related to COVID-19
Eligibility is restricted to households with income levels at 100 percent of the area median income adjusted for household size and varies by county.
Applicants will be responsible for paying 30% of the total current gross monthly income of the household for rent. Furthermore, households with rent payments that are at or below 30% of their total gross monthly income will not be eligible for assistance.
Requests for deferment of payments are reviewed and approved by ADOH on a case by case basis. Approval is based upon the inability to make the payment.
If you are in need of rental assistance, you will be required to provide financial statements for the year of the applicable period for which the payment is due. More information about the Arizona COVID-19 rental eviction prevention assistance program may be found at housing.az.gov.
Arizona Statewide Housing Program
In addition to the Rental Eviction Prevention Assistance program, ADOH is providing the organization Chicanos Por La Causa $250,000 for their Statewide Housing Program, which finds housings for homeless individuals and offers rental assistance and helps at-risk and underserved populations secure and maintain affordable, stable housing. The funds to support these efforts will come from the Crisis Contingency and Safety Net Fund.
Arizona Home Foreclosure Assistance
For those who can’t pay their Arizona mortgage, Save Our Home AZ is a government assistance program for local residents who meet specific qualifications.
The Federal Housing Finance Agency (FHFA) also announced that Fannie Mae and Freddie Mac would provide payment forbearance to Arizona borrowers impacted by the coronavirus. This forbearance means that a mortgage payment can be suspended for up to 12 months due to coronavirus-related hardships.
Most importantly, if you can’t pay your mortgage you should contact your lender for more specific information. If you do end up receiving an eviction notice call the state’s COVID-19 foreclosure prevention hotline at 877-448-1211
Eviction Relief for Nevadans
On June 25, Governor Sisolak announced that the March 29 eviction moratorium which had paused evictions in Nevada would gradually lift. According to attorneys with the Legal Aid Center of Southern Nevada, the moratorium was extended remains largely in place until September 1, 2020, and no evictions for missed rent can occur before that date.
Time frames for the recent Nevada eviction moratorium are as follows:
- June 25–Tenants residing in transient lodging (hotels, inns, motels, motor courts, boarding houses or lodging houses), eviction or other appropriate removal proceedings may begin on June 25.
- July 1–Landlords of commercial tenancies and mortgages may charge late fees, initiate lockouts, or start eviction actions for non-payment of rent or foreclosure proceedings beginning July 1.
- August 1–Tenants with no lease or “at will” tenants can be evicted on August 1. This does not mean, however, that a landlord can modify a lease for lack of non-payment.
- September 1–Residential evictions and foreclosures are allowed to resume on September 1. This dates also applies to long-term rental tenants at weekly motels who have stayed more than 30 days.
Governor Sisolak urged landlords and tenants to work together and collaborate on repayment plans with the following statement:
“It is just as imperative today as it was when I signed the original directive to allow Nevadans to stay home and stay safe as much as possible, while also providing clarity and a timeline in which rental obligations must be met,” said Governor Sisolak.
For a complete list of tenants’ and landlords’ rights, read the full Directive at nvhealthresponse.nv.gov and consult with a private attorney or legal aid organization.
Help is available for housing tenants or business owners with a landlord that is still trying to unfairly evict you at the Nevada Attorney General’s Office by filing a complaint at ag.nv.gov. The Governor also announced a new $50 million tenant assistance program through the Nevada State Treasurer’s Office that might provide financial relief. Additionally, Clark County is developing a $30 million renter assistance program. Lastly, the city of Las Vegas Housing Assistance Program will provide short-term assistance to city of Las Vegas residents experiencing housing insecurity due to COVID-19-related loss of income.
New Mexico Measures to Mitigate Financial Hardship
In the midst of the public health crisis, Governor Michelle Lujan Grisham declared a state of public health emergency in New Mexico to help mitigate the negative impact the economy has had on many individuals and families.
The state has also taken measures to help Individuals experiencing financial hardship by diligently working to identify additional sources of relief, including those who can’t pay rent or a mortgage payment.
For those who can’t pay their New Mexico mortgage:
The Federal Housing Finance Agency (FHFA) has announced that Fannie Mae and Freddie Mac would provide payment forbearance to borrowers impacted by the coronavirus. This forbearance means that a mortgage payment can be suspended for up to 12 months due to coronavirus-related hardships.
As many mortgage lenders in New Mexico are backed by Fannie Mae and Freddie Mac, they are required to follow these directives accordingly.
If you can’t pay your mortgage, contact your lender for more specific information about your mortgage. If you received an eviction notice, you can call the state’s COVID-19 general hotline at 1-833-551-0518.
For those who can’t pay their rent:
The New Mexico Supreme Court has issued an order placing a temporary moratorium on evictions for inability to pay rent during the COVID-19 pandemic. Judges will stay the execution of writs of restitution that property owners can obtain and give to law enforcement to force the removal of a tenant.
If you want court assistance to stay a New Mexico eviction for nonpayment of rent during the health crisis, you will need to provide evidence of your current inability to pay your rent at a hearing.
If you would like assistance with an eviction proceeding, you can contact one of the following three resources:
- Call New Mexico Legal Aid at (505) 633-6694
- Residents of Bernalillo, Sandoval, Valencia and Torrance counties who are 60 or older can contact the Senior Citizens Law Office at (505) 265-2300
- New Mexico residents 55 and older can contact the legal resources for the Elderly Program by calling (800) 876-6657
Finding Financial Help During the Coronavirus Health Crisis
Working with a local bankruptcy attorney can provide a level of financial relief during this crisis. If you live in Arizona and need assistance, please contact our Arizona bankruptcy team for a free consultation by calling 602-667-7777, through our convenient online LiveChat or secure web form.