Letter to The Honorable Benjamin S. Carson, Sr., U.S. Department of Housing and Urban Development, The Honorable Sonny Perdue, U.S. Department of Agriculture, and The Honorable Mark S. Calabria, Federal Housing Finance Agency - following Tester Push, Foreclosure and Eviction Moratorium Extended Through December 31

Letter

Dear Secretary Carson, Secretary Perdue, and Director Calabria:
As the nation continues to grapple with the health and economic consequences of the
coronavirus, it has become abundantly clear that millions of Americans have not been able to
keep up with their monthly rent or mortgage payments due to unexpected hardships and loss of
income. An estimated 32 percent of renters were unable to make their full housing payment this
month. Given this reality, we are deeply concerned by reports that, despite a temporary federal
ban on evictions to protect renters in federally-assisted properties, some tenants have been
unlawfully evicted from their homes during the pandemic.
As you know, the CARES Act created temporary protections from eviction for millions
of tenants who live in properties with federally-backed mortgages or that receive certain types of
federal housing assistance. During a time when having a roof over your head is essential for
Americans' abilities to stay safe and healthy, Congress insisted that these safeguards be put in
place to help those at risk of losing their housing in the midst of the public health and economic
crises. These protections, as well as all tenant protections available under federal, state, and local
law, must be honored and enforced.
As was highlighted during a recent oversight hearing by the Senate Committee on
Banking, Housing and Urban Affairs with federal housing regulators, there have been reports
that, since April, communities in several states have allowed landlords to move forward with
eviction proceedings, despite the mandated temporary protections for renters established under
the CARES Act.1 Additionally, some jurisdictions have now reportedly moved to conducting
eviction hearings remotely, including through video conference software. These remote
proceedings, and the fact that most renters lack legal representation in eviction court, may mean
that their rights under the CARES Act are not being identified and enforced.

1 Despite Federal Ban, Landlords Are Still Moving to Evict People During the Pandemic. ProPublica, April 16, 2020, available at
https://www.propublica.org/article/despite-federal-ban-landlords-are-still-moving-to-evict-people-during-the-pandemic
During this pandemic, when it is dangerous for individuals to even be required to appear
in a court room, it is troubling that some renters have been unlawfully removed from their homes
in violation of the clear protections of the CARES Act. As evictions continue to rise, more must
be done to ensure these protections are adhered to and any violations are immediately addressed,
otherwise the repercussions will be severely felt by millions of the most vulnerable Americans,
including elderly and low-income renters and many essential workers. The Department of
Housing and Urban Development, the Department of Agriculture, and the Federal Housing
Finance Agency have important responsibilities to these renters and their families to help ensure
that their rights under federal law are protected and any violations of these rights are
immediately corrected. Accordingly, we urge your agencies to use every tool at your disposal to
protect renters and ensure that the CARES Act and other renter protections are enforced,
including:
 Sustained efforts to help renters understand what CARES Act protections apply to them
and what actions taken by landlords would be unlawful by providing clear, accessible
information to potentially impacted tenants. Such information should include maintaining
a publicly available database that includes covered properties overseen by each of your
agencies as well as the Secretary of the Treasury; requirements to notify tenants of their
rights under the CARES Act and other laws; and a toll-free help line where renters can
identify whether their homes qualify for these protections, for how long, and what steps
they can take if they believe the protections are not being adhered to.
 Ensuring that your agency's compliance monitoring programs are comprehensive and
take proactive steps to prevent and identify noncompliance by the entities you oversee,
including through notifications to these entities, adjusting standard practices or review
schedules to ensure timely oversight and sufficient staffing.
We also ask that your agencies provide regular updates to Congress on actions your
agencies are taking to ensure that no tenant is wrongfully evicted. There is more work that needs
to be done to keep all renters in their homes during and after this pandemic, and it is critical that
the protections Congress and your agencies have provided be enforced to protect our constituents
during this crisis.
Sincerely,
/s/ Jon Tester /s/ Doug Jones
JON TESTER DOUG JONES
United States Senator United States Senator
/s/ Charles E. Schumer /s/ Sherrod Brown
CHARLES E. SCHUMER SHERROD BROWN
Senate Minority Leader United States Senator
/s/ Brian Schatz /s/ Catherine Cortez Masto
BRIAN SCHATZ CATHERINE CORTEZ MASTO
United States Senator United States Senator
/s/ Elizabeth Warren /s/ Jack Reed
ELIZABETH WARREN JACK REED
United States Senator United States Senator
/s/ Tina Smith /s/ Christopher Van Hollen
TINA SMITH CHRISTOPHER VAN HOLLEN
United States Senator United States Senator
/s/ Robert Menendez /s/ Bernard Sanders
ROBERT MENENDEZ BERNARD SANDERS
United States Senator United States Senator
/s/ Gary C. Peters /s/ Patty Murray
GARY C. PETERS PATTY MURRAY
United States Senator United States Senator
/s/ Kirsten Gillibrand /s/ Richard J. Durbin
KIRSTEN GILLIBRAND RICHARD J. DURBIN
United States Senator United States Senator
/s/ Richard Blumenthal /s/ Ron Wyden
RICHARD BLUMENTHAL RON WYDEN
United States Senator United States Senator
/s/ Amy Klobuchar /s/ Sheldon Whitehouse
AMY KLOBUCHAR SHELDON WHITEHOUSE
United States Senator United States Senator
/s/ Cory Booker /s/ Tom Udall
CORY BOOKER TOM UDALL
United States Senator United States Senator
/s/ Edward J. Markey /s/ Tammy Duckworth
EDWARD J. MARKEY TAMMY DUCKWORTH
United States Senator United States Senator
/s/ Debbie Stabenow /s/ Jacky Rosen
DEBBIE STABENOW JACKY ROSEN
United States Senator United States Senator
/s/ Mazie K. Hirono /s/ Thomas R. Carper
MAZIE K. HIRONO THOMAS R. CARPER
United States Senator United States Senator

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