Emergency Dispossessory

(A) A landlord who files a dispossessory before August 25, 2020 under OCGA § 44-7-50 (a) seeking possession of a residential premises for nonpayment of rent shall submit verification, 70 filed and served with the complaint, indicating whether the property is exempt from the moratorium provided for in the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) (Public Law No. 116-136). In the event that the dispossessory action was filed prior to the enactment of this rule, the required verification shall be submitted to the court prior to or during the dispossessory hearing; if the tenant does not file an answer, the required verification shall be submitted prior to the writ of possession being issued. (B) A landlord shall use the affidavit in this rule if the property is not defined as a “covered property” under section 4024 (a) (2) of the CARES Act or otherwise exempt from the moratorium provided for in the CARES Act. (C) If the property is a covered property, a landlord shall comply with the 30-day notice requirement contained within section 4024 (c) of the CARES Act prior to filing any proceeding for nonpayment of rent pursuant to OCGA § 44-7-50. The required 30-day notice shall not be sent prior to July 26, 2020. Adopted effective May 4, 2020. 71 IN THE MAGISTRATE COURT OF __________ COUNTY STATE OF GEORGIA CARES ACT AFFIDAVIT Case No. ______________ Plaintiff Address Defendant(s) Property Address City State Zip City State Zip Email Address Personally appeared before me, the undersigned officer, the Plaintiff, his agent or attorney who on oath deposes and says as follows: (1) I am personally familiar with the residential property occupied by the Defendant, the Defendant’s tenancy, the property’s ownership, the financing arrangements and any and all liens that may exist on the property. (2) The property is not a “covered property” as defined by section 4024 (a) (2) of the CARES Act, or the property is otherwise exempt from the moratorium imposed therein. (3) It is not part of a covered housing program (as defined in section 41411 (a) of the Violence Against Women Act of 1994 (34 USC § 12491 (a)) or the rural housing voucher program under section 542 of the Housing Act of 1949 (42 USC § 1490r). (4) There are no mortgages, deeds to secure debt, nor liens of any other sort which are made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the United States Government or in connection with a housing or urban development program administered by the U.S. Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National 72 Mortgage Association. (5) The debt on the property is not receiving a forbearance pursuant to section 4023 of the CARES Act. (6) I swear under penalty of perjury that the above information is true and correct and made of my own personal knowledge. I understand further proof may be required at trial. Sworn to /Subscribed/ filed before me This ____ day of __________, ____. This ____ day of __________, ____. _____________________________ Deputy Clerk/Notary Public _____________________________ Attorney/Owner/Agent Phone # 73 CARES Act Public Law No. 116-136 Explanation of Terms Sec. 4024 TEMPORARY MORATORIUM ON EVICTION FILINGS. (a) DEFINITIONS.—In this section: (1) COVERED DWELLING.— The term “covered dwelling” means a dwelling that— (A) is occupied by a tenant— (i) pursuant to a residential lease; or (ii) without a lease or with a lease terminable under State law; and (B) is on or in a covered property. (2) COVERED PROPERTY.—The term “covered property” means any property that— (A) participates in— (i) a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a); or (ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or (B) has a— (i) Federally backed mortgage loan; or (ii) Federally backed multifamily mortgage loan. (3) DWELLING.—The term “dwelling”— (A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and (B) includes houses and dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b). (4) FEDERALLY BACKED MORTGAGE LOAN.—The term “Federally backed mortgage loan” includes any loan (other than temporary financing such as a construction loan) that — (A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. (5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally backed multifamily mortgage loan” includes any loan (other than temporary financing such as a construction loan) that— 74 (A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. 75