The CARES Act and VAWA: Just Because a Rental Unit is Covered by the CARES Act Does Not Necessarily Mean It is Covered by VAWA

A common misunderstanding in eviction cases is the belief that all properties subject to the Coronavirus Aid, Relief, and Economic Security (CARES) Act—which mandates a 30-day notice to vacate for non-payment of rent—must also comply with the Violence Against Women Act (VAWA) by providing tenants with HUD Forms 5380 and 5382 when terminating a tenancy. However, this is not the case.

CARES Act vs. VAWA: Key Differences

The CARES Act applies to a broad range of properties, including:

1. Properties participating in a federally subsidized housing program covered by VAWA.
2. Properties in the rural housing voucher program.
3. Properties with a federally backed mortgage loan or a federally backed multifamily mortgage loan.

(See, 15 U.S.C. § 9058(a)(2).)

By contrast, VAWA protections apply only to 16 specific federal housing programs, as identified in 34 U.S.C. § 12491(a)(3). While landlords who accept Section 8 vouchers must comply with VAWA for the subsidized unit, properties with federally backed mortgages are not automatically subject to VAWA.

Legal Precedent Supports This Distinction

Recent court decisions reinforce this interpretation:

• In Phoenix Apts Equities LLC v. Glenn (2023), the Connecticut Superior Court ruled that while a property may be covered by the CARES Act due to a federally backed mortgage, this does not automatically impose VAWA requirements.
• Similarly, Sherman Chapel Properties LLC v. Butler (2023) confirmed that a federally backed mortgage alone does not subject a property to VAWA.
• Most recently, in a case handled by this law firm, the Superior Court of California for the County of Alameda ruled that “While every property under VAWA is a ‘covered property’ under the CARES Act not every ‘covered property’ under the CARES Act is subject to VAWA.”

What This Means for Landlords

If a property falls under the CARES Act but does not participate in a VAWA-covered housing program, the landlord is not required to provide VAWA notices such as HUD Forms 5380 and 5382. Misinterpreting these laws can lead to unnecessary compliance burdens and potential dismissal of an unlawful detainer action.

Understanding the difference between the CARES Act and VAWA is crucial for landlords navigating eviction and housing regulations. If you have questions about your legal obligations, consulting an experienced attorney can help clarify your responsibilities.

Recent Ruling on the CARES Act’s 30-Day Notice Requirement

Additionally, the Iowa Supreme Court recently ruled that the CARES Act’s 30-day notice provision for eviction cases applies only to rent defaults that arose during the Act’s 120-day eviction moratorium. (MIMG CLXXII v. Miller (2025) 16 N.W.3d 489). This decision further underscores the evolving legal landscape surrounding federal housing protections.

The law firm of Wallace, Richardson, Sontag & Le, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.