Information for Tenants and Homeowners
COVID-19 Rent, Mortgage, Utility Assistance Programs
Hays County Emergency Rental Assistance Program
Hays County Commissioners Court recently approved the implementation of a COVID-19 Emergency Rental Assistance Program (ERA). This program may help with rental, utility and late fee assistance for applicants who have had difficulty paying rent due to the COVID-19 pandemic and who meet the program criteria. For more information visit the Hays County Emergency Rental Assistance Program website.
Information for Tenants in San Marcos
Visit the Neighborhood Enhancement website for general information for tenants, including info on Justice of the Peace Courts placing all evictions (other than for “imminent threat”) on hold until after May 18, 2020, and how to work out accommodations with your landlord.
Click here for information for tenants and landlords and utility, rent, and mortgage assistance options at a glance.
Ordinance requiring a Notice of Proposed Eviction
On Tuesday, April 7, 2020, the San Marcos City Council passed an ordinance requiring a landlord to provide a Notice of Proposed Eviction prior to issuing an actual Notice to Vacate. The San Marcos ordinance gives tenants a 90 day period to cure any delinquency as a result of the COVID-19 pandemic.
- Any individual or company that leases residential property in the city of San Marcos must comply with the ordinance.
- The ordinance is not a “grace period” to not pay rent; those who can pay should do so. The action is for a tenant and landlord to have an opportunity to cure overdue rent, fees or other charges associated with the tenant’s lease before the tenant loses housing.
- The Notice of Proposed Eviction must be in writing and include a statement informing the tenant of their right to respond and cure any delinquent rental payments due for a period of at least 90 days.
- After providing a tenant with a Notice of Propose Eviction, on or after day 91, the 3-day Notice to Vacate may be issued.
- The ordinance stays in effect until there is no longer a Declaration of Local Disaster in San Marcos due to the COVID-19 pandemic.
- The penalty for non-compliance is a fine not to exceed $500 for each day the violation continues.
Texas RioGrande Legal Aid
Texas RioGrande Legal Aid Resources: Legal Aid provided to households facing eviction.
Consumer Financial Protection Bureau
The Consumer Financial Protection Bureau offers resources and assistance to homeowners and renters navigating challenges caused by the COVID-19 pandemic. Helpful information is available regarding mortgage payments, rent relief, and landlord support.
United States Interagency Council on Homelessness
The United States Interagency Council on Homelessness details a comprehensive step-by-step guide for individuals at risk of eviction due to financial challenges related to the COVID-19 pandemic:
- Get informed: learn about your rights and check the status of state and local eviction moratoriums
- Reach out: write a letter to landlords using free templates and speak to local housing counselors
- Apply for emergency aid: find information regarding local assistance
- Claim pandemic relief: access federal Economic Impact Payments and Child Tax Credits
FHA COVID-19 Forbearance
What are FHA loans?
Some home loans are insured by HUD's Federal Housing Administration, your mortgage servicer must follow FHA guidelines when working with these loans. Not sure if your loan is insured by FHA? You can find this information on your mortgage statement or you can call FHA Resource Center at 1-800-225-5342 or email HUD FHA Resource Center.
We understand that many homeowners may be struggling and unable to make mortgage payments due to the COVID-19 pandemic. If you or someone you know are one of the many FHA-borrowers having difficulty paying your mortgage due to the pandemic, we urge you to act now. FHA's special COVID-19 mortgage payment forbearance is currently available to FHA-insured borrowers. If you have a reverse mortgage, also known as a Home Equity Conversion Mortgage, you should contact your mortgage servicer for options available to you.
You are eligible for FHA's COVID-19 forbearance (mortgage relief) if:
- Your mortgage is insured by the Federal Housing Administration (FHA) or,
- You can't make your payments because you were affected by COVID-19.
If you have not requested FHA COVID-19 forbearance then you can request up to 6 months of forbearance initially and an additional 6 months if you need it. You must request this assistance from your mortgage servicer.
If you started FHA COVID-19 forbearance on or before June 30, 2020, and need an extension then you are eligible for up to two more 3-month extensions from your mortgage servicer after completing 12 months of COVID-19 forbearance.
You are not alone during these difficult times. The COVID-19 mortgage payment forbearance is available now so please seek assistance to obtain this option. For more information on this program, visit hud.gov.
Texas Eviction Diversion Program
The Texas Eviction Diversion Program (TEDP) is a partnership between the Texas Supreme Court, Texas Department of Housing and Community Affairs, and Office of Court Administration to help tenants who can’t keep up with rent due to the COVID-19 pandemic and who have been sued for eviction to keep their current living situation. If both the landlord and tenant agree to participate in the program, the TEDP can provide up to five months of past-due rent payments, and for up to six months of future rent payments.
The entities administering the program published this TEDP informational brochure, which must be included with all notices that a tenant has been sued for eviction (where the program is currently effective).
As of October 12, 2020 the TEDP is in a pilot phase in 19 Texas counties – Bee, Bexar, Brazos, Chambers, Deaf Smith, El Paso, Erath, Fannin, Grayson, Harris, Jim Wells, Kleberg, Montgomery, Palo Pinto, Parker, Potter, Randall, San Patricio, and Wise. During the pilot phase, eligibility for TEDP is limited to those under 200% of poverty. The TEDP is scheduled to become effective in all counties on November 9, 2020.
Federal Rental, Foreclosure Relief Extended Through June 31, 2021
On September 4, 2020, the CDC announced a national four-month moratorium on residential evictions. It has now been extended through June 31, 2021. This applies to individuals earning less than $99,000 a year and those who are unable to make rent or housing payments. Learn more from the CDC here.
Eviction moratorium under the CARES Act
The CARES Act provides a temporary moratorium on evictions for most residents of federally subsidized apartments, including those supported by HUD, USDA or Treasury (Low Income Housing Tax Credit developments) as well a moratorium on filings for evictions for renters in homes covered by federally-backed (FHA, Fannie Mae, and Freddie Mac) mortgages for 120 days after enactment. The federal moratorium on evictions has been extended until January 31, 2021. The moratorium requires tenants to provide a declaration to landlords. The federal CARES Act requires that landlords provide a 30 days notice. Texas State Law requires that the landlord follow specific steps.
To find out who the moratorium protects and who it doesn’t, and how to prevent or pursue an eviction, see the State of Texas law library.
Federal Housing Administration Extends Foreclosure and Eviction Moratorium for Single Family Homeowners: On May 14, 2020, FHA announced an extension of its foreclosure and eviction moratorium through June 30, 2020, for homeowners with FHA-insured Single Family mortgages, while also supporting new FHA-insured mortgage originations through an extension of temporary policy flexibilities for lenders and appraisers.
The National Low Income Housing Coalition website has a searchable database and map to identify if a house/multi-family property is covered by the CDC eviction moratorium. (NOTE: The database set-up does not work on Internet Explorer; please use another web browser.)
Tools for landlords with tenants affected by COVID-19 can be found by on the HUD COVID-19 Landlord Information (PDF).
Texas Emergency Mortgage Assistance Program (TEMAP) - for residents of Guadalupe County
AACOG may pay up to 6 months of mortgage payments (5 months in arrears and 1 future payment). You may qualify for mortgage assistance:
- If you live in one of the twelve Alamo Arearural counties
- If you have been impacted by COVID-19
- If you are at or below 80% Average median income (AMI)
- If your mortgage is at or below 150%FMR/SAFMR
- If your mortgage is in first or second lien position
- If where you reside is your primary residence
Call 866-231-4922 or e-mail TEMAP to begin the intake process.