Respect State Housing Laws Act
- Sponsor
- Sen. Hyde-Smith, Cindy [R-MS]
- Committees
- Banking, Housing, and Urban Affairs Committee (primary)
- Last action
- Feb 6, 2025
Bottom line
This bill repeals a federal 30-day eviction notice requirement from the CARES Act, returning full authority over eviction notice periods to state and local jurisdictions.
What it actually does
This bill amends Section 4024 of the CARES Act by striking subsection (c). This subsection currently requires lessors of covered dwellings to provide a 30-day notice to vacate before initiating eviction proceedings. Removing this subsection would eliminate the federal 30-day notice requirement, allowing state and local eviction notice laws to govern entirely.
Proponents argue
Proponents argue this bill restores states' rights and reduces federal overreach into housing matters, which are traditionally regulated at the state and local levels. They contend that the CARES Act provision was a temporary measure for a specific crisis and is no longer necessary, creating an undue burden on property owners.
Opponents contend
Opponents would likely argue that removing the 30-day notice requirement could lead to more abrupt evictions, increasing housing instability for tenants, particularly vulnerable populations. They might contend that a federal minimum notice period provides a crucial safety net, allowing tenants adequate time to find new housing or address issues.
The bill is exceptionally short and clear, making it very accessible for any reader to understand its direct legislative impact.
Section 2
Removal of CARES Act Subsection (c)
This section amends the CARES Act by deleting subsection (c) of Section 4024. This subsection currently mandates that landlords of properties covered by the CARES Act (those participating in federal housing programs or with federally backed mortgages) must provide tenants with a 30-day notice to vacate before filing for eviction. Its removal means that the federal 30-day notice requirement would no longer apply, and eviction notice periods would revert entirely to state and local laws.
Supporters argue
Supporters argue that the federal 30-day notice requirement was an emergency measure during the pandemic and its continued existence represents an unnecessary federal intrusion into state and local housing laws. They contend that states are better equipped to determine appropriate notice periods based on local market conditions and legal frameworks, and that removing this requirement streamlines the eviction process for property owners.
Critics contend
Critics would likely argue that the 30-day notice period provides a vital protection for tenants, giving them a reasonable amount of time to secure new housing or resolve disputes, thereby preventing homelessness and housing instability. They might contend that removing this federal minimum standard could expose tenants to more abrupt evictions, especially in states with shorter notice requirements.
Tradeoffs
The bill balances the principle of states' rights and reducing federal regulatory burdens on property owners against the potential for reduced tenant protections and increased housing instability in jurisdictions with shorter eviction notice laws.