Yay They Passed It + Complete Walkthrough of RENT RELIEF

This is my stimulus update for Tuesday, December 22. 

As expected yesterday, stimulus passed in Congress, the House passed it three hundred and fifty-nine to fifty-three and the Senate passed it ninety-two to six. 

Which senators voted against?  All Republicans: Ted Cruz, Marsha Blackburn, Rick Scott, Rand Paul, Mike Lee, and Ron Johnson.  So now the bill goes to Trump for signature, he is expected to sign it today, possibly by the time you see this video he has already signed it, Trump has already signed the seven-day continuing resolution portion of this legislation to keep the government funded.  Dems continue to say that this is just the beginning, Schumer yesterday on the Senate Floor said this bill cannot be the end of the story and that anyone who thinks this bill is enough doesn’t know what’s going on in America. 

This morning Joe Biden tweeted, “I applaud this relief package, but our work is far from over.  Starting in the new year, Congress will need to immediately get to work on support for our COVID-19 plan.  My message to everyone out there struggling right now: help is on the way.”  Like I’ve said before, even if Dems win both Georgia runoffs in a couple weeks, an early-term Biden stimulus is no guarantee, it will require bipartisan support unless Dems opt to end the filibuster for legislation, which I do not believe will happen. 

In terms of stimulus checks, I made a video yesterday covering the six hundred dollar stimulus check section of this new bill as well as the unemployment section of this new bill, you can check it out with the link at the top of the screen here.  But in this video, I want to talk housing, so I’m going to walk through on-screen the housing portions of this thing. 

I originally thought about combining housing with PPP and EIDL, but I think obviously housing is a personal thing, PPP and EIDL is a business thing, so I’m going to keep those separate for now and just covering housing relief in this video.  So let’s start with the eviction moratorium, it’s on page 2,281, very brief section here, it’s just saying that the CDC’s eviction moratorium is extended through January 31, we know some Republicans were trying to fight that, their argument was well if we’re giving rent relief to the people why do we need an eviction moratorium, but thankfully they were shot down.

Now let’s go to the meatier housing section of this bill, which begins on page 2,255.  This is the rental relief, thing to know here is this is administered by the states, so you want to keep on top of this stuff, remember all the unemployment fiascos with people applying for state unemployment and not getting their application through on the website, this could become something like this because this is administered by the states. 

So you really want to stay on top of this stuff, get your documentation in order, get that copy of your past due utility bill, get that copy of your past due rent notice or eviction notice, your income documentation, W-2, 1099 because this is income-based, and as we’ll see here, it’s not just income-based for qualifying, but it’s also income-based for prioritizing, which people get to the top of the stack, pull your unemployment letter, you’ll see in here why you will need some or all of these items, and get your narrative in order why you need rental assistance, it’s like I tell my clients, don’t just rush to pull together your documents when you need to, get it done now so you can get your application in early before your state’s system crashes, right.

This is the rental relief, twenty-five billion, no surprises there, and a little over one billion of that is for tribes and territories.  Now here’s the meat of it here, the remaining let’s say twenty-four billion to state and local governments, first how is it allocated to the states? 

It says it will be appropriated in the same manner as the coronavirus relief fund is allocated, that’s the reference here to Section 601 of the Social Security Act, which is basically allocating the funds to the states based on population with a minimum amount of $200 million going to each state. 

Generally, states will allocate this assistance to the local governments in that state itself.  However, if a local government has a population of over 200,000, that amount is actually down here on page 2,280, it can apply directly for funds and its state’s remaining allocation will be adjusted accordingly.  So that’s how this money is being distributed, now let’s go back up to use of funds here on page 2,264. 

It says “an eligible grantee” and that’s referring to a state or local government receiving these funds from the United States Treasury shall only use the funds provided from a payment made under this section to provide financial assistance and housing stability services to eligible households, we’ll talk about the definition of eligible in a second, but for now it’s saying not less than 90% of the funds, so at least 90% of the funds, distributed to a government here must be used to provide financial assistance to eligible households, including rent, rental arrears that’s back rent due, utilities and home energy costs, utilities and home energy costs arrears that’s past due utility payments, and other expenses related to housing incurred due, directly or indirectly, to the COVID-19 outbreak.  So that’s broad, that Romanette five there, “other expenses,” that sounds pretty broad to me.

It says this assistance is for a maximum period of twelve months with an additional three months if necessary to ensure housing stability for a household subject to availability of funds.  Now, limitation on prospective rents, this is saying that for prospective rents, meaning future rears as opposed to rental arrears, for future rent, prospective rent, it’s up to three months per household, and here we have this word “application,” so that means to get this assistance you will have to apply for it, obviously the application will be at the state or local government level, but there are some general guidelines about applying that I will cover in this video. 

Of course, it’s saying after this if you need more than three months, you could apply again and potentially be given more relief not to exceed the total months of assistance allowed under subparagraph (A), which is twelve. This is basically saying this program is prioritizing back rent, past due rent, rental arrears over prospective rent payments.  This next section here just basically says that by default payments will be made directly by the state or local government to the landlord or utility provider on behalf of the tenant, but if the landlord or utility provider doesn’t like that, then the payment can just be made directly to the tenant to pay the landlord or utility provider. 

I think this is because they suspect that if the tenant is paid directly, some tenants might just spend the money and not pay the landlord or utility company, obviously most people won’t do that, but I think they want to preemptively deal with that for individuals who would try to cheat the system here. 

This next section, “Nothing in this section shall be construed to invalidate any otherwise legitimate grounds for eviction,” so this is just saying, look, you can’t evict for past due rent through January Thirty-First, and we’re giving tenants money to make their landlords whole and utility companies, but if your landlord has another legitimate reason to evict you, say you broke some other term of the lease, I don’t know, the landlord has a no-smoking policy and you smoked in your apartment, that’s still valid grounds for eviction, and nothing in here is to be taken otherwise. 

This next section is saying if the state or local government pays money directly to a landlord or utility company on behalf of a tenant, the government will give the tenant record of such payment.

Next up is housing stability services, so this is ten percent of the allocation, ninety percent to back rent, prospective rent, past due utility bills, future utility bills, other household expenses, but ten percent to housing stability services, this isn’t really elaborated on here but it sounds like this would be some kind of social service or something like this to keep households stably housed, so I don’t know, this could be helping them apply for rental relief, counseling, it could be a whole lot of things, but now let’s talk about this prioritization of assistance, this section is saying that first dibs on this rental relief will be for tenants whose household income does not exceed fifty percent of the area household median income, this is defined later as the HUD median income, you can easily Google this for your area, it varies based on your area and household size, and/or one or more individuals within the household are unemployed as of the application date and for the previous ninety days, so the intent here is to help the lower-income and the unemployed.  This section here is saying that at the end of the fiscal year, September 30, 2021, the feds can recapture excess funds, unused funds from the states, and reallocate them to the states, that said, it said funds shall remain available through December Thirty-First, but you know what we’re hearing is that this isn’t enough, so it’s possible that all this about the expiration date of the funds and reallocating unused money to states is a moot point.

This next section here is basically just saying that a landlord can help you apply for this rent relief or even apply on your behalf if they get your signature, if they document the application and give this documentation to you, and if payments received by the landlord shall be used to satisfy your rent obligations, honestly, I would say, I’d rather you do this yourself, I will as best I can give guidance here on the channel, that said, we’re looking at at least fifty, fifty-one with D.C., not including local governments, a bunch of different applications and protocols here, so obviously I can’t go in-depth with each state’s application process, but I would rather you do this yourself, if you feel you don’t understand the application or the process your state has, have someone trusted help you with it, I’m not sure about having your landlord do it for you, but who knows. 

Next is reporting requirements, basically just a quarterly reporting about how the program is going, privacy requirements, basically just saying that state and local governments here have to protect the privacy and data of the applications. 

This section here on page 2,276, “Treatment of Assistance,” it’s saying that money you get as rent relief shall not be considered income for purposes of determining your or your household’s eligibility for any federal benefits or assistance program or any state or local benefits or assistance program financed in whole or in part with federal funds, so that’s good news.  Alright, down here bottom of page 2,277, “Eligible Household,” who’s eligible for this, it says eligible household means a household of one or more individuals — seems a bit redundant, are there households with fewer than one individuals, not sure about that — but basically to be eligible, you have to have qualified for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to COVID-19, which the applicant shall attest in writing, unemployment, that’s black-and-white, if you qualified for unemployment benefits you’re good, this second one here might sound a bit, like oh I have to convince them, but look, if you’re legitimately on your rent at no fault of your own, it’s not like you’re taking advantage of this situation and buying luxury items and the latest gadgets while not paying your rent, then by definition you have experienced a financial hardship right now, so don’t be afraid of that, and right now maybe just jot down the narrative of why you got behind on rent so when these applications roll out, you’re ready, it’s like I tell my tax clients, right when you get a tax document, save it to send to me, don’t just rush to find them all when I ask for it for your tax return, have it ready ahead of time, we don’t know exactly what these applications will look like, but start putting together this narrative, doesn’t have to be a novel, just hey, COVID hit, I’m not unemployed but my hours got cut, I’m making less money, etc.

Next qualification, one or more individuals within your household must demonstrate that they are at risk of experiencing homelessness or housing instability, which may include a past due utility or rent notice or eviction notice, so grab that document now, take a picture of it, scan it, save it, this is obviously the most common one here.  But also if you’re living in unsafe or unhealthy living conditions, if you qualify under that, document that, just jot down a narrative, a few sentences of why your living condition is unhealthy. 

Or any other evidence of risk.  Also, there is an income limitation here, your household must have a household income that is not more than 80% of the HUD area median household income, like I said previously, you can easily Google the area median income in your area just type it into Google, you know, Los Angeles County area median income, and look for the official .gov websites with the latest data, not like a blog post or something from years ago.  So basically, three requirements, economic hardship, risk of homelessness or housing instability, and income. 

Now, this is interesting here, in determining your income, it says states will consider either household’s total income for twenty-twenty or the household’s monthly income at the time of application, but if they use monthly, they have to re-determine the income to make sure you’re eligible after three months.  I imagine this scenario would cover something like, before COVID-19, you received a big commission check or something that put you over the eighty percent median income for your geographic area and family size, but then you lost your source of income for the year and you got behind on rent, so you’re struggling just as much as the next guy or gal right now, and anybody who looked at your last few months’ bank statements could see that, this section would I believe address somebody in that situation, right, they need help, just because they may have gotten a big payday or something before COVID-19 that put them over the eighty percent median income, that shouldn’t exclude them necessarily if they can show that based on annualized monthly income or something like this they would be under the 80% limitation. 

And that’s it.  Obviously a lot of details here in terms of the application process will be determined at the state level, unlike stimulus checks, which is completely administered at the federal level, this is kind of more like an unemployment-type scenario which is administered by the states, so gotta keep an eye on your state and local governments for this kind of thing, as I become aware of state applications and things like that, I will of course do my best to keep you informed.

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