Fannie and Freddie End CARES Notice Enforcement

Fannie and Freddie End CARES Notice Enforcement

Photo of an apartment community.

The Enterprises no longer enforce compliance for covered housing.

By Emily Howard and Nicole Upano |

2 minute read

In a decisive victory for rental housing, Fannie Mae and Freddie Mac (the Enterprises) are no longer enforcing compliance with the CARES Act 30-day notice to vacate requirement for Enterprise-backed housing.  

  • Freddie Mac no longer requires lenders to remind prospective borrowers during origination of the CARES Act’s 30-day notice to vacate or have flyers given out with information about the CARES Act’s protections and renter assistance programs. Freddie Mac-mandated requirements related to the CARES Act were or will shortly be removed from all loan commitments. 

The Enterprises remind multifamily borrowers that their obligation to comply with their loan terms, including all laws and regulations applicable to the property, remains ongoing.

NAA members should consult with their local counsel if they have operational questions regarding their internal practices as a result of the actions of the Enterprises.

The National Apartment Association (NAA) thanks Fannie Mae, Freddie Mac and the Enterprises’ conservator, the Federal Housing Finance Agency, for engaging with stakeholders on this issue of critical importance to rental housing providers. Because of ambiguous language in federal law, this requirement was previously enforced for covered housing long after it terminated in 2020, as Congress intended. Now, documentation from federal agencies is being used as evidence in court to challenge housing providers who did not provide 30-days’ notice in this subset of eviction cases, resulting in costly and arbitrary delays in eviction proceedings.

Federal enforcement of the CARES Act notice must end, including passage of the Respect State Housing Laws Act, to return rightful authority of the landlord-tenant relationship to the states and restore normalcy to rental housing operations. States’ (or localities’) established notice procedure should apply uniformly to all rent-related disputes. NAA will continue its advocacy with Congress and the Trump Administration to ensure the rental housing industry’s voice is heard. Read more about NAA’s regulatory victories for rental housing providers. 

To learn more about NAA’s advocacy on the CARES Act notice, contact publicpolicy@naahq.org