FAQs • St. Joseph County, IN • CivicEngage

If I accept ERA assistance payments, am I required to sign an non-eviction clause?

Yes, as the Treasury requires in FAQ 32. Landlords are required to sign a non-eviction clause, however the clause is restricted to rent related eviction. The language is placed in the Landlord Attestation.

It reads " A tenant receiving ERA assistance for prospective rental payments will not be subject to eviction proceedings for nonpayment during the period by the assistance."

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Emergency Rental Assistance Program for Landlords

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1. What if I do not want to participate as a Landlord?: If outreach attempts have been unsuccessful or the landlord provides written correspondence they do not want to participate, the payment will issue to the tenant as a two-party signature. One signature being the tenant and one signature being the landlord.

2. Will assistance payments be taxed for Landlords?: Landlords should review the regulations and guidance with their accountants. Until further guidance is established by Treasury, it is assumed that Landlords will treat ERA assistance payments as rental income, however this is an issue that we are unable to give an opinion on.

3. What if the tenant does not want to participate?: At this juncture, the application process will not proceed.

4. What if my tenant has received payments from other rental assistance programs?: The ERA program can still help eligible tenants, even if they have received other assistance. The program does not allow for duplication of services, however, if a previous rental assistance program left a portion of tenant-owed arrears, those amounts can be included in this assistance. The number of months assistance will count towards the maximum allowed and arrears are paid before considering future payments.

5. If I accept ERA assistance payments, am I required to sign an non-eviction clause?

It reads " A tenant receiving ERA assistance for prospective rental payments will not be subject to eviction proceedings for nonpayment during the period by the assistance."