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Atlanta Eviction Moratorium Guidance

Please see guidance regarding the recent announcement of a mortarium on eviction filings and late fees from the city of Atlanta (see full announcement here). 

Atlanta Mayor Andre Dickens Announces Evictions Moratorium 

In response to the federal shutdown, Atlanta Mayor Andre Dickens has announced a moratorium on evictions and water shutoffs in properties under Section 8, Atlanta Housing Authority, Atlanta Beltline, Inc., Fulton County/City of Atlanta Bank Authority, Invest Atlanta, Partners for Home, and the City of Atlanta’s Department of Grants and Community Development. This is expected to last until January 31st, 2026, or when the federal shutdown ends. This order does not apply to purely market rate housing or Section 42/LIHTC. 

 If you are unsure whether or not your community may be affected, please reach out to the AAA Government Affairs team as soon as possible.  

Shutdown Impact on HUD Payments 

The State of Georgia has also issued guidance (which can be seen here) on the impact of HUD payments due to the shutdown. 

At this time, the lapse in HUD’s federal funding may disrupt full Housing Assistance Payments (HAP) to landlords in the counties served by DCA’s Housing Choice Voucher program. DCA anticipates making prorated, partial payments to landlords for the month of November 2025.    

Important Information for Program Participants: 

  • Tenants must keep making timely payments for their portion of rent.  Landlords cannot charge tenants for DCA’s share of the rent due to a federal payment delay. Tenants must pay their portion of the rent to remain compliant with the terms of the lease. 

  • Landlords may receive a partial, prorated amount of their normal November Housing Assistance Payment.  DCA will immediately issue a payment for the remaining balance of the November payment when HUD releases full funding.  Under federal law, landlords are not permitted to charge tenants for DCA’s portion of the rent or issue eviction notices related to delayed HAP payments. 

  • IMPORTANT: Under federal law (24 CFR §982.310(b)), PHA failure to pay the housing assistance payment to the owner is not a violation of the lease between the tenant and the owner. During the term of the lease the owner may not terminate the tenancy of the family for nonpayment of the PHA housing assistance payment. 

NAA Shutdown Guidance 

Below is the National Apartment Association Guidance that has been issued to ALL communities in response to the Government shutdown.   

  1. Send out a letter to all residents requesting those affected by the government shutdown to please contact the Property Manager (give deadline date). 

  1. Request documentation of federal employment from affected resident. Property managers should also be aware of local laws where special accommodations for federal employees impacted by the shutdown but not others could be a fair housing violation.  

  1. Send follow up letter (see sample letter provided by NAA) to affected residents. 

  1. Draft payment agreement, review with resident and have them sign. Please check your company’s policy on payback terms when there are multiple lease holders, and one is a federal employee, and one is not. 

  1. Properly document resident file with situation and agreement. (i.e., late fees waived once paid in full, payment due on the 15th and the 2nd, hold off on filing for eviction unless agreed upon terms are not met, etc.).  

 

Please contact a member of the AAA Government Affairs team with any questions.