August 27, 2021 

Governors, Mayors, County Executives, and Chief Justices/State Court Administrators: 

We are writing to request your urgent help preventing unnecessary evictions during the 

pandemic. Our bottom line is this: No one should be evicted before they have the chance to apply 

for rental assistance, and no eviction should move forward until that application has been 

processed. 

Though over 172 million Americans are now fully vaccinated, and COVID-19 deaths are 

down over 80 percent compared to January of this year, significant work remains to defeat the 

virus and rebuild our economy. The spread of the Delta variant has led to a rise in cases, many 

Americans are just getting back on their feet from the economic downturn, and millions remain 

at risk of eviction. With lives on the line, it is imperative that we act-at all levels of 

government-to keep people in their homes and prevent a surge in COVID-19, as well as the 

long-term economic scarring and poor health consequences that come with eviction. 

The Treasury Department remains laser-focused on partnering with state and local 

· governments to get Emergency Rental Assistance (ERA) funds out the door and into the hands of 

renters and landlords, including through recent guidance emphasizing the flexibility grantees 

have to simplify application processes and accelerate the delivery of assistance. 

The Department of Justice recently sent a letter to state court Chief Justices and court 

administrators encouraging them to implement eviction diversion programs that delay or stop 

eviction proceedings until renters and landlords have had the chance to apply for rental 

assistance. The Attorney General and Associate Attorney General also met with over 35 Chief 

Justices from around the country to listen to their concerns and discuss ways the federal 

government can support implementation of these programs. 

Similarly, the Department of Housing and Urban Development has required public 

housing authorities and properties receiving federal project-based rental assistance to offer 

protections that will provide tenants with a fair chance to receive emergency rent relief and to 

take other steps to help prevent evictions. Our three Departments are working closely together 

and with other agencies across the federal government to make rental assistance available to 

households in need. 
We also know we cannot address this challenge alone. State and local governments play a 

crucial role as administrators of programs like ERA and as leaders of their own housing 

agencies, judiciary systems, and other components of government that are essential to keeping 

Americans in their homes. Today, we are urging you to exercise your own authorities-as states, 

cities, and counties representing millions of Americans already have-to take action to prevent 

unnecessary evictions, including: 

• Enacting state and local eviction moratoriums during the remainder of the public 

health emergency. Six states and the District of Columbia already have eviction 

moratoriums in place. As the President called for, we are encouraging all other state and 

local governments to use their legal authorities to appropriately put in place or extend 

their own eviction moratoriums. 

• Working with state and local courts to require landlords to apply for ERA before 

they commence eviction proceedings. State and local governments or courts should 

ensure that all tenants have the opportunity to apply for rental assistance before any 

proceedings begin, and landlords seeking eviction should be required to apply for rental 

assistance first-a policy already implemented in some states and localities. 

• Staying eviction proceedings while an ERA application is pending. By taking this 

step, as some states and localities already have, courts can ensure that tenants have a fair 

opportunity to apply for federal aid and that unnecessary evictions are avoided. While we 

call on courts to stay eviction proceedings, state and local governments must also speed 

the delivery ofrental assistance to meet courts' deadlines. 

• Using ERA and American Rescue Plan State and Local Fiscal Recovery Funds to 

support the right to counsel and eviction diversion strategies. Tenants are more likely 

to avoid eviction and remain stably housed when they have access to legal representation. 

Legal counsel can also aid in the successful completion of ERA applications. We 

encourage sta~e and local governments to use ERA and Fiscal Recovery Funds to launch 

right to counsel programs and invest in court navigators and diversion programs. 

• Helping tenants navigate the ERA application process. The Treasury Department has 

issued recent guidance streamlining the ERA application process, for example, by 

making clear that grantees can rely on self-attestation from tenants for certain eligibility 

requirements. State and local governments can continue to build on these efforts by 

removing unnecessary barriers to ERA funds. 

The ERA program and the State and Local Fiscal Recovery Funds have provided state 

and local governments tens of billions of dollars to support renters and landlords; it is critical that 

renters be given the chance to receive that aid before being subject to eviction. Many state and 

local governments are working hard to get rental assistance to those in need as quickly as 

possible, and these policies will help ensure renters are not evicted before those resources reach 

them. 

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We applaud the efforts of the state and local governments that have already taken these 

and other actions to prevent unnecessary evictions, as we know many of you have. However, we 

also know more must be done and that effective and comprehensive policies to prevent 

unnecessary evictions have never been more urgent. We stand ready to partner with and support 

you in any way we can to protect renters and landlords and make programs like ERA as effective 

as possible. 

Thank you for all you are doing and will continue to do to keep Americans in their 

homes. We will continue to engage with you over the coming days and weeks as we take on this 

challenge, and we welcome your input as we work together to prevent unnecessary evictions and 

help households in need reach the other side of this pandemic safely. 

Sincerely, 

Janet L. Yell en Merrick B. Garland 

Secretary Attorney General 

U.S. Department of the Treasury U.S. Department of Justice 

Marcia L. Fudge 

Secretary 

U.S. Department of Housing 

and Urban Development 

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