Eviction Prevention Information
Ward 3 Council Member Paul Durham wants you to stay safe and avoid eviction.
Below you will find 1) steps you must take to stop an eviction and 2) information related to rental and utility assistance available.
Even though Governor Ducey’s eviction moratorium has ended, there are steps that must be taken to avoid eviction under the CDC regulations.
Below you will find information related to the CDC regulation. At the bottom of the page you will find additional information regarding how to access rental and utility assistance.
Eviction Prevention: A how to guide
In September the CDC ordered landlords to stop evicting tenants for non-payment of rent in many cases. It is important to note that this requirement ends on December 31, 2020. All back rent will become due at that time. For that reason, tenants are strongly encouraged to seek out a payment plan with their landlord early on.
CDC Eviction Moratorium Eligibility:
You can be covered by this protection if ALL of the following are true:
You have applied, tried to apply, or are ineligible for rental assistance from the government. (Stay tuned for more on this next week.)
You believe your income this year will be $99,000 or less than $198,000 if filing jointly.
You didn’t have to file a tax return in 2019 or you received a stimulus check this year.
You or someone in your household has lost income recently due to either loss of work, loss of hours or unusually high medical expenses.
You are doing your best to pay your rent and will pay a partial payment if you are able to afford it.
You will have to move somewhere where you will be closer to other people if you are evicted (like staying with family, friends, or at a homeless shelter).
Do these apply to you? If so you should complete the CDC Declaration Form. To properly complete the declaration, make sure to:
Have every adult named in your lease sign a copy of the form.
Give a copy to your landlord or property manager, and document their receipt. Keep proof that you gave it to them! You may need it for a court hearing or to stop a set-out.
o If you give it to them in person, make sure you have proof--bring a witness, take a video, or bring an extra copy for you landlord to sign.
o If you send an email or text message, save their response and request a read receipt if possible.
o If you want to mail it, go to the post office and get a certificate of mailing. This may be the easiest way if your landlord is trying to avoid or ignore you.
You can still be evicted for other reasons—such as violating your lease.
This moratorium allows for a deferment of evictions, your landlord can still file for an eviction during the moratorium and it will be acted upon in 2021. To avoid being homeless in January, you’ll need to work out a payment plan with your landlord or access adequate rental assistance to pay the back-rent. Talk with your landlord early on in the process.
Accessing Rental and Utility Assistance
General information related to rental and utility assistance can be found here.
If you have suffered a loss of income or increase in expenses related to COVID-19, you may be eligible for special rental and utility assistance.
Pima County’s Community Action Agency is administering both Pima County and State of Arizona Cares Act dollars for rental assistance and eviction prevention. If you are falling behind on your bills, don’t wait to seek out assistance. Funding for the program is set to expire on Nov. 30. Both tenant and landlord/property owner must complete an application and submit the required documentation. The program allows landlords, property owners, or tenants to initiate the application process online at the link below or by calling (831) 292-4308 or apply online.
Eviction Prevention funds are also available through the City of Tucson. These funds become available for individuals who are actively in the eviction process. Referrals of specific households facing eviction come from the Pima County Constables during the five-day notice that they provide to residents. To be eligible, households must be experiencing a loss of income or increase in costs related to COVID-19 and live in the City of Tucson or the City of South Tucson.
Mortgage assistance is also available through the City of Tucson to assist homeowners within city limits behind on their mortgages as a result of the COVID-19 pandemic. Homeowners must have a pre-foreclosure notice or a foreclosure scheduled. The program provides $3,000-$5,000 per homeowner to assist in mortgage payments. Payments will be verified and paid directly to the mortgage loan servicer and will include fees incurred due to nonpayment of mortgages. These funds are only available until Dec. 31, and income limits apply. Call (520) 318-0993 (ext. 114), or email firstname.lastname@example.org for more information and eligibility requirements.