ASHA: Pandemic Eviction Moratorium Likely Doesn’t Apply to Seniors Housing

WASHINGTON, D.C. — Although a new federal law enacts a moratorium on some multifamily evictions during the COVID-19 pandemic, it is unlikely that this will apply to seniors housing communities, according to a note that the American Seniors Housing Association (ASHA) sent to its members on Tuesday, April 21.

The Washington, D.C.-based organization’s legal counsel, Paul Gordon of law firm Hanson Bridgett, wrote the letter.

“Section 4024 of the CARES Act, the comprehensive federal law responding to the COVID-19 pandemic, provides for a temporary moratorium on eviction filings for certain properties with a federally backed mortgage loan or federally backed multifamily mortgage loan,” wrote Gordon.

“If broadly applied to senior living properties, this law could have a significant impact on their revenues. While the law is likely to be interpreted broadly, the language used does not fit the terminology usually applied to senior living, especially licensed care properties.”

Since residents are not generally referred to as “tenants” nor are their contracts referred to as “leases,” most senior living properties do not fall under this moratorium, Gordon argues. Fees paid for care and services are also not usually considered “rent.”

“ASHA will monitor the implementation of this law and work with federal agencies, as needed,” concluded Gordon.

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