With the COVID-19 Pandemic Over, Is the CARES Act Still In Effect?

This blog post was written by Atty. Gary D. Koch of Pettit Law Group S.C.

While some effects of the COVID-19 Pandemic may continue to linger, the Public Health Emergency officially ended in May 2023. Does that mean the CARES Act (Coronavirus Aid, Relief and Economic Security Act) is no longer relevant?

Unfortunately, the CARES Act is still relevant for landlords, specifically the 30-day notice period required for “Covered Dwelling Units.”

For a brief recap on the history and some potential issues for not complying with the Act, please see this prior blog post

As a refresher, Section 4024(c)(1) of the CARES Act requires that “[t]he lessor of a covered dwelling unit may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the lessor provides the tenant with a notice to vacate.” In short, if your property is a Covered Dwelling Unit (with some government funding or backing), then notices should give the tenant 30 days to act.

There are several reasons why the CARES Act is still in effect.

First, do you remember the eviction moratoria? There were both federal and state-level prohibitions on filing evictions. The federal moratorium was found in the CARES Act, at Section 4024(b), the paragraph immediately preceding the 30-day notice requirement. The moratorium had a delineated end date (120 days from March 27). The provision requiring 30-day notices does not have a delineated end date. Because Congress put an end date to one provision but not the paragraph right after, it is clear that they did not intend for the 30-day notice requirement to expire.

Second, several courts have upheld the 30-day notice provision both before and after the official end to the pandemic. Courts in Washington, Colorado, Ohio, and Indiana all reviewed notices that did not provide the requisite 30 days for Covered Dwelling Units and dismissed the evictions based on the notices.

Finally, both Chambers of Congress have introduced legislation to repeal the 30-day notice provision of the CARES Act. In February 2023, Representative Barry Loudermilk introduced the “Respect State Housing Laws Act” in the House of Representatives. In February 2024, Senator Marco Rubio introduced the same “Respect State Housing Laws Act” in the Senate. Neither bill has yet to pass, but the fact that Congress, the political body that passed the CARES Act, has introduced legislation to repeal portions of it, is strongly suggestive that the CARES Act is still in effect.

While no cases have been decided in Wisconsin directing that the CARES Act is still in effect, laws are generally in effect until a court overturns them. Hence, the lack of a case stating that the CARES Act is in effect is not persuasive. Moreover, as noted in our prior post, there are penalties for not following the CARES Act. There are no penalties, however, for following the CARES Act provisions if you don’t have to. Wisconsin law requires notices of at least 5, 14, or 28 days, and a 30-day notice is not invalid for providing a tenant with too much time.  It may be to your benefit to err on the side of compliance with the CARES Act when it comes to issuing notices.

Atty. Gary D. Koch of Pettit Law Group S.C.