HOUSING PROVIDERS DURING THE COVID-19 PANDEMIC

4.28.2020 

FAQs – IMPORTANT INFORMATION FOR HOUSING PROVIDERS DURING THE COVID-19 PANDEMIC 

Thanks to the Tennessee Fair Housing Council for originating this document – updated dates and local information have been added by BLDG Memphis. 

Q: My tenant has not paid rent. Can I evict them? 

A: The short answer is No. However, different types of housing fall under different rules during this State of Emergency due to the COVID-19 pandemic. The CARES Act Eviction Moratorium applies to certain types of housing and under certain circumstances. The Tennessee Supreme Court has also issued an order halting evictions for non-payment of rent regardless of property type. See below to learn more about what may apply to your properties and tenants. 

Q: How do I know if the CARES Act applies to my housing? 

A: It depends. If you answer yes to either of the following two questions about your property or tenant, then the CARES Act applies to you and you may NOT evict a tenant for non-payment of rent. 

1. Do you participate in any of the following programs, or does your tenant? 

Department of Housing and Urban Development (HUD) • Public housing (42 U.S.C. § 1437d) • Section 8 Housing Choice Voucher program (42 U.S.C. § 1437£) • Section 8 project-based housing (42 U.S.C. § 1437£) • Section 202 housing for the elderly (12 U.S.C. § 1701q) • Section 811 housing for people with disabilities (42 U.S.C. § 8013) • Section 236 multifamily rental housing (12 U.S.C. § 1715z-1) • Section 221(d)(3) Below Market Interest Rate (BMIR) housing (12 U.S.C. § 1715l (d)) • HOME (42 U.S.C. § 12741 et seq.) • Housing Opportunities for Persons with AIDS (HOPWA) (42 U.S.C. § 12901, et seq.) • McKinney-Vento Act homelessness programs (42 U.S.C. § 11360, et seq.) 

Department of Agriculture • Section 515 Rural Rental Housing (42 U.S.C. § 1485) • Sections 514 and 516 Farm Labor Housing (42 U.S.C. §§ 1484, 1486) • Section 533 Housing Preservation Grants (42 U.S.C. § 1490m) • Section 538 multifamily rental housing (42 U.S.C. § 1490p-2) • Section 542 Rural Housing Voucher Program (42 U.S.C. § 1490r)  

Department of Treasury • Low-Income Housing Tax Credit (LIHTC) (26 U.S.C. § 42)  

2. Is the property itself secured by a federally backed mortgage? 

Q: Does this mean that I cannot evict a tenant for any reason? 

A: No. The Federal Moratorium does NOT affect cases: 

• That were filed before March 27, 2020 • That involve non-covered tenancies, or • Where the eviction is based on another reason besides nonpayment of rent 

Q: How long does this last? 

A: If your property is a covered property as listed above, the moratorium lasts for 120 days from the date of enactment (March 27, 2020). 

Q: I don't have a property that falls into any category listed above; can I evict a tenant for non-payment of rent? 

A: No. Currently, the Supreme Court of Tennessee has issued an order that no judge, clerk, or other court official may take any action to effectuate an eviction, ejectment, or other displacement from a residence between March 13, 2020 and May 31, 2020. This order may be extended. 

It is also unlawful for a property owner to shut off utilities, change the locks, or otherwise make the housing unavailable during this time. 

Q: Does this mean that I'm just out the money for rent during this time? 

A: No. Tenants are ultimately responsible for the rent that accrues during this time and property owners must give proper notice before filing a detainer once the Court Order ends. 

More information on resources available to property owners can be accessed at the National and Tennessee realtors’ association pages here: 

https://www.nar.realtor/coronavirus-resources-for-property-owners https://tnrealtors.com/covid19/ 

FAQs – IMPORTANT INFORMATION FOR RENTERS DURING THE COVID-19 PANDEMIC 

Thanks to the Tennessee Fair Housing Council for originating this document – updated dates and local information have been added by BLDG Memphis. 

Q: I've lost my job because of the COVID-19 pandemic; do I have any rights? 

A: Yes you do. The type of rights you have depends upon the type of housing in which you live. 

Subsidized Housing 

On March 27, 2020, the President of the United States signed a law called The CARES Act Eviction Moratorium. It only applies to certain types of housing and under certain circumstances. 

The moratorium began March 27, 2020 and lasts until July 25, 2020. 

Q: How do I know if the Act applies to my housing? 

A: If you live in subsidized housing or tax credit housing then you are likely protected. This means that if your rent is based on your income, or if you live in housing that has income limits, you may be protected under this Act. 

Examples of the types of housing covered are: 

• Public Housing • Section 8 Vouchers • Project based Section 8 • Rural Development properties • Tax Credit Properties • Housing for the elderly or disabled 

Q: How does this help me? 

A: This means that your landlord may not file an eviction against you for non-payment of rent. In addition, they cannot charge you any fees, penalties or other charges related to non-payment of rent. 

Q: Does this mean I can't be evicted at all? 

A: No. You can be evicted for lease violations other than non-payment of rent; or if the landlord started the process before March 27, 2020; or if you don't live in a covered property. 

Q: Do I still owe rent for this time period? 

A: Yes. You will owe the rent amount for this time period. 

Market Rate Housing 

Q: I live in a property where I pay all of my rent. Does this mean my landlord can evict me even though I lost my job due to the COVID-19 situation? 

A: No. Currently, the Supreme Court of Tennessee has issued an order that no judge, clerk, or other court official may take any action to effectuate an eviction, ejectment, or other displacement from a residence between March 13, 2020 and May 31, 2020. This order may be extended. 

It is also unlawful for a property owner to shut off utilities, change the locks, or otherwise make the housing unavailable during this time. This always applies, but especially during this time. 

Actions You Can Take 

Q: I've lost my job so what should I do? 

A: There are several steps you should take: 

• Contact your landlord immediately and let them know what is going on. • If they say that you will have to move, explain the information that is written above. • In Shelby County, call the Memphis Public Library information center at 211, or the United Way of the Mid-South Relief Call Center at 1-888-709-0630 for information on agencies that might have rental assistance or counseling. 

You will have to think about your situation. 

Are you likely to go back to work when the Stay at Home order is lifted and your company reopens? 

If yes, talk with your landlord and try to work out an arrangement that will allow you to make payments on the rent you will owe, in order to get caught up.  

If no, and you don't know of any other jobs you will be able to get, you will  need to make plans on what you will do. Your landlord is not required to allow you to remain if you cannot afford the rent once the deadlines pass. 

For more local information on housing resources, you can visit Welcome Home Memphis at www.home901.org. 

Zip Code 38108 Food Pantry

Mobile Food Pantry for 38108 consumers

When: April 30th
Time: 10:00am-2:00pm
Where: 3131 Chelsea Avenue St. John’s Missionary Baptist Church


All household residents must show a valid ID showing their address or a utility bill showing their address

No more than two households per vehicle.  The amount of food is based on the number of people per household as recorded on the Eligibility form.

No WALK UPS! Anyone registering for food must be in a vehicle If a person walks up refer them to:

www.memphisfoodbank.org

All items will be distributed on a first come first serve basis.  NO stockpiling or reserve.

SSI Will Automatically Go to Recipients

PRESS RELEASE

Supplemental Security Income Recipients Will Receive Automatic COVID-19 Economic Impact Payments

April 15, 2020

SSI recipients with dependent children should still use the “Non-Filers Enter Info Here” portal on IRS.Gov to provide their information

WASHINGTON—The Social Security Administration announced today that Supplemental Security Income (SSI) recipients will automatically receive their Economic Impact Payments directly to their bank accounts through direct deposit, Direct Express debit card, or by paper check, just as they would normally receive their SSI benefits. Treasury anticipates SSI recipients will receive these automatic payments no later than early May.  

“SSI recipients with no qualifying children do not need to take any action in order to receive their $1,200 economic impact payment. The payments will be automatic,” said Secretary Steven T. Mnuchin. “Recipients with qualifying children should use the ‘Non-Filers: Enter Payment Info Here’ web portal to enter basic information so they can receive their payments as quickly as possible.”

For SSI recipients who have qualifying children under age 17, go to IRS.gov and click on the “Non-Filers: Enter Payment Info Here” button. The tool will request basic information to confirm eligibility, calculate and send the Economic Impact Payments:

• Full names and Social Security numbers, including for spouse and dependents
• Mailing address
• Bank account type, account and routing numbers

Recipients will receive the $500 per dependent child payment in addition to their $1,200 individual payment. If SSI beneficiaries in this group do not provide their information to the IRS soon, they will have to wait until later to receive their $500 per qualifying child.

For those SSI recipients with dependents who use Direct Express debit cards, additional information will be available soon regarding the steps to take on the IRS web site when claiming children under 17.

The Social Security Administration will not consider Economic Impact Payments as income for SSI recipients, and the payments are excluded from resources for 12 months.

Read more information about Social Security retirement, survivors, and disability insurance beneficiaries.

Read more information on Economic Impact Payments.

Facts on the Stimulus Checks

Call MCIL if you need information about the COVID-19 Stimulus payment

By Christina Clift
In mid-April most Americans will begin receiving “economic impact payments” which is part of the CARES Act law that Congress passed, and the President signed in response to the COVID-19 pandemic.  This 2.2 trillion dollar rescue package will provide some help to Americans impacted by the Covid19 virus, but it will not be the only solution needed to begin combatting the economic fall-out this virus caused on our city, state, country, and world.  Many people are wondering if they are eligible, how much money will they receive, and how they will get their money. These are all valid questions given the initial confusion when this law was passed, but I’ve done my best to answer some of them below:

Who will be eligible for payments?

• You filed a tax return for either 2019 or 2018. 
• Your income is below the guidelines for the payments. $75,000 a year for individuals and $150,000 for married couples filing jointly
• People with higher incomes get less or no money. See the IRS information for more details.
• Social Security beneficiaries
• You are not a dependent on someone else’s tax form.
• You have a social security number 

How much money should I expect?

Anyone earning up to $75,000 in adjusted gross income and who has a Social Security number will receive a $1,200 payment. This means married couples filing joint returns will receive$2,400 that make under $150,000.

The payment steadily declines for those who make more. Those earning more than $99,000, or $198,000 for joint filers, are not eligible. The thresholds are slightly different for those who file as a head of household.  Parents will also receive $500 for each qualifying child.

How will I get the Money?

Don’t worry, payments will be direct deposited in your bank account or mailed to you in a check. The IRS will use the information you gave them when you filed your 2019 taxes. They will only use your 2018 tax information if you have not filed for this year.  It’s important to remember that the IRS will use the following information from your return to distribute your payment:

• The bank account you gave the IRS for direct deposit of your refund
• The address where you got a refund check
• The address on your most recent tax return

Social Security beneficiaries will not be left out.  You will receive payments just like everyone else, but will not be required to file a tax return.  The IRS will use the information from Social Security to send you a payment. They will do this for senior citizens, Social Security recipients and railroad retirees who otherwise don’t file a tax return.

The IRS is working on a way for individuals to update their information on the internet so you can get a payment quicker. Check back at

www.irs.gov/coronavirus in the next weeks. Direct deposit means you get the payment faster than if they send you a paper check.  If your address has changed you can visit the IRS website for more information at: 

https://www.irs.gov/faqs/irs-procedures/address-changes.

Remember, we are all in this together and MCIL will keep you up to date on issues that impact your life.  Please stay home, stay healthy, and stay tuned for more information.

TennCare Pausing Terminations durning COVID-19

TennCare also stopping involuntary disenrollments from LTSS

TennCare Advocates,

We wanted to take an opportunity to update our advocacy partners on a few decisions TennCare has made in light of the COVID-19 emergency.  To start, for the duration of the emergency, TennCare is pausing terminations for both Medicaid and CoverKids with exceptions for voluntary terminations and cases where a member is no longer a resident. Redeterminations will continue only to the extent a member can be automatically renewed through the ex parte process. The effective date for this pause is March 18 so anyone who was enrolled as of that date will maintain coverage through the end of the national emergency.  This includes members who received continuation of benefits pending appeal as of that date. Regarding the 90-day termination period, this pause will not impact that process currently. If an individual who submits information during the 90-day reconsideration period is ultimately approved, we will continue to fill any gap in coverage back to the date of termination, just as we have done voluntarily for the last several years.

We have also implemented several Long-Term Services and Supports (LTSS) policy changes including the pause of all involuntary disenrollments from LTSS programs. To ensure continued access to these important services, we are allowing all assessments (PAEs, PASRRs) to be performed remotely. We continue to work closely with our partners and have issued guidance to MCOs, AAADs, and providers, and have worked with DIDD to issue guidance to their support coordination and provider agencies. All of these updates are available on the TennCare Coronavirus webpage at  https://www.tn.gov/tenncare/information-statistics/tenncare-information-about-coronavirus.html.

TennCare has always encouraged anyone who thinks they may be eligible to apply and TennCare Connect will remain open and accessible to anyone seeking to do so.  As you know, online, phone, mail, and in person are all options to apply and we will closely monitor the availability of each of those options as we move forward.  Specific to the application process, TennCare will begin taking self-attestation of eligibility criteria, including income and resources, on a case-by-case basis when documentation is not available due to the coronavirus pandemic.  We have also temporarily simplified the presumptive eligibility process so that applications and signatures can be completed by phone during this emergency; however, anyone who gains or has recently gained eligibility through the presumptive process will still need to apply in order to maintain their eligibility status.

On the medical side, we are also in constant contact with provider groups and stakeholders on ways to support impacted providers and have already taken steps to ensure services are not disrupted.  For example, we have already significantly expanded telehealth policies and guidance regarding services is updated on our website as soon as it becomes available.  Additionally, we have authorized automatic reauthorizations for ongoing home health and private duty nursing services for at least 60 days.  This authorization is temporary and will be reevaluated as we continue to work with our health plans during this period.    

Finally, to secure additional flexibilities related to the COVID-19 emergency, TennCare has submitted an 1135 waiver to CMS.  If approved, TennCare will gain several regulatory flexibilities targeted toward providers and designed to ensure sufficient health care services are available to serve our members.

Again you can find up-to-date information on the TennCare Coronavirus webpage at https://www.tn.gov/tenncare/information-statistics/tenncare-information-about-coronavirus.html.

Please don’t hesitate to reach out if you have any questions.

Thanks

Sarah

Sarah Tanksley Stockton

Director of Communications

310 Great Circle Rd., Nashville, TN 37243

p. 615-507-6457 c.615-767-4109

sarah.tanksley@tn.gov tn.gov/tenncare