Public Housing Eviction for Nonpayment of Rent

The Alaska Court System's Eviction Diversion Program offers free mediation to landlords and tenants. Mediation helps the two sides work out their dispute without going to court. The program is available before or after the landlord starts an eviction case in court. Both sides must agree to participate.

To date, if you live in public housing, under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, your landlord cannot evict you for non-payment of rent without giving you a 30-day notice. This notice provision does not have an end date.

Remember that the CDC Moratorium on evictions for non-payment of rent is now in force in areas with high COVID transmission. See AlaskaLawHelps' page on COVID-19 and Housing Rights for more information.

Who this rule applies to:

1. You are being evicted for not paying rent, and;
2. Your property is considered a "covered property" (meaning, subsidized by the federal government) under the CARES Act. Here is a list of "covered properties," but because it may be difficult (sometimes impossible) for a tenant to determine whether the property is "covered," do not worry if you do not know whether your property is included in the list below. Move on to the next step to see how you can use this rule to protect yourself from wrongful eviction.

Covered Properties:

• Federally subsidized housing;
• Property is under a federally-backed mortgage (Fannie Mae has a property list, and Freddie Mac has a property list, but only multifamily properties with five or more units are listed here);
• Housing programs under VAWA, 34 U.S.C Section 12491;
• Rural Development Voucher Section 155 Program; or
• Properties for which there is not enough information available to know whether your property is covered or not.

How to use this rule if it applies to you:

• If you were not given 30 days' notice before an eviction, you can write an answer and/or argue to the judge that the landlord cannot evict you until you are provided proper notice.
• If you are unclear on whether your property is "covered" under the CARES Act, you can still raise this defense, and argue that it is the landlord's burden to prove that they are not a covered property under the CARES Act. If the landlord fails to prove that they are not a covered property, even if this means there is simply too little information out there to confirm yes or no, then the landlord is barred from evicting you without giving 30 days' notice.

If need help paying your rent, see AlaskaLawHelp's guide to Cash or Rental Assistance Options during COVID-19.