REAL ESTATE NEWS
August 27, 2021
Direct from N.A.R.
"Time to Focus on Rental Assistance
The U.S. Supreme Court ended the Centers for Disease Control and Prevention (CDC’s) eviction moratorium Thursday night, giving much-needed relief to America’s small housing providers facing financial hardship for more than a year.
In a 6-3 ruling, a majority of justices agreed that the stay on the lower court’s order finding the CDC’s eviction moratorium to be unlawful was no longer justified.
In their order, the justices wrote, “The moratorium has put the applicants, along with millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery. Despite the CDC’s determination that landlords should bear a significant financial cost of the pandemic, many landlords have modest means.”
The case was brought by the Georgia and Alabama Associations of REALTORS® and other property providers, with NAR’s help.
In May of this year, U.S. District Judge Dabney Friedrich for the District of Columbia had struck down the ban as unlawful, but she stayed her ruling pending appeal. The case wound up twice before the D.C. Circuit Court of Appeals and Supreme Court.
In a statement, NAR said of the ruling:
“This decision is the correct one, from both a legal standpoint and a matter of fairness. It brings to an end an unlawful policy that places financial hardship solely on the shoulders of mom-and-pop housing providers, who provide nearly half of all rental housing in America, and it restores property rights in America.
“No housing provider wants to evict a tenant—it is always a last resort and reserved for the rarest cases. The best solution for all parties is rental assistance, and all energy should go toward its swift distribution. Nearly $50 billion of aid is now available to cover up to a year-and-a-half of combined back and future rent and utilities for struggling tenants—and every state has started a program to distribute the funds.
“With this rental assistance, now is the time to return the housing sector to its former, healthy function. NAR is thankful for the Biden administration’s new guidance to speed up rental assistance distribution, which includes many NAR recommendations. We will continue to work with all parties to make that assistance readily accessible to tenants and housing providers.”
NAR cautions housing providers that some state and local governments may still have their own eviction moratoria in place."
Access NAR’s rental assistance resources.
Tenant Relief Act for COVID assistance.
May 16, 2021
Direct from C.A.R. President & CEO
"Dear Industry Leader,
We were happy to see state guidelines ease for the real estate industry this week. Thank you for your patience as our team has worked through the night to update our guidance, Quick Guide and forms to be able to get them to you this morning. We wanted to give you an hour heads up before the information below goes to your agents and all members. Please let us know if you have any questions. IMPORTANT: We anticipate further announcements impacting real estate showings of all kinds, perhaps as early as later this morning. We will be communicating any relevant changes as quickly as we can.
C.A.R. Updates Guidance on Open Houses
Info about PEADS, updated forms, sign-in requirements, social distancing and more.
On Wednesday, the California Dept. of Public Health updated its guidance on open houses and stated further updates were pending. C.A.R. is pleased to provide the following changes to open house protocols. Please remember to adhere to local guidelines which may be more strict in certain areas.
Open Houses: Advertising open houses, without qualifiers, is allowed and appointments for open houses are no longer required.
Social Distancing: Showings, including open houses, are somewhat relaxed under the new social gatherings guidelines but still include social distancing between members of different households while attending an open house, and are subject to capacity issues depending on the tier of the county where the house is located. Please refer to local guidelines for this information.
Signing In: There will still be a sign-in requirement on site. The new Property Sign-In form- PSI can be used for this purpose. However, you can still use a PEAD instead of the on-site sign in if you prefer. See the new Quick Guide here for more details.
Forms: C.A.R. has simplified and shortened the Rules of Entry (PRE), Preventive Plan (BPPP), and the PSI sign-in form as an alternative to PEADS. There also is an addendum to the listing agreement LOHA reflecting the changed protocols. This form is necessary if the parties had previously signed the RLA-CAA, which did not allow for open houses. New listings should also include this addendum if the listing broker wants to hold open houses.
PEADS: The PEADS have been combined and simplified into one shorter PEAD-ALL that is available if members prefer to use them instead of on-site sign-in protocols.
The newly revised forms PRE, BPPP, PEAD, new Property Sign-in form PSI and the new Listing Addendum LOHA will all be available on zipForm as soon as possible. In the interim, a PDF of each of these is available here.
Members may still use the current forms that are on zipForm if they choose until the new ones are released.
These changes represent a step in the right direction, and we are hopeful that they will make it easier for REALTORS® to comply with laws that are consistent with other businesses while remaining in accordance with health guidelines.
Dave Walsh, C.A.R. President
Joel Singer, C.A.R. CEO"