U.S. Senators Cindy Hyde-Smith and Bill Hagerty have introduced new legislation aimed at restoring the authority of states and localities to regulate eviction policies. The proposed bill, known as the Respect State Housing Laws Act (S.470), seeks to remove a federal requirement from the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 that mandates landlords and property owners provide a 30-day notice to vacate before evicting tenants for nonpayment of rent.
Before this federal mandate, states determined their own notice requirements, with an average of eight days’ notice being common. Senator Hyde-Smith emphasized the need to revert to state control, stating: “Landlords and property owners have been under significant stress since the federal government inserted itself into the realm of state and local housing regulations.”
The CARES Act’s temporary 120-day eviction moratorium has expired, but the 30-day notice rule remains in effect. This ongoing requirement creates confusion in courts due to differing federal and state laws and causes financial strain on landlords who face delayed rent revenue during this period.
Despite these challenges, the Department of Housing and Urban Development announced in December that public housing agencies must continue providing written notices at least 30 days before evictions for nonpayment.
A companion measure has been introduced in the House by Congressmen Barry Loudermilk and Vicente Gonzalez. The Respect State Housing Laws Act has garnered support from various housing associations including the National Apartment Association and others.
Robert Pinnegar, President of the National Apartment Association, expressed gratitude towards lawmakers for addressing these issues: “Unnecessary and duplicative federal intrusion into complex state and local law amplifies the financial and operational challenges housing providers across our country continue to face.”
Gail Phillips, CEO of the National Association of Residential Property Managers, also voiced support for returning regulatory power to states: “For professional housing providers, eviction is always a last resort. This legislation will help ensure that providers can continue to provide stable, affordable housing options for American families.”
Hyde-Smith and Hagerty had previously supported similar legislation introduced by former Senator Marco Rubio.
