The short comment period on an interim final rule from the Consumer Financial Protection Bureau seeking to amend the Fair Debt Collection Practices Act to require collectors to provide tenants written notice of their rights prior to an eviction has started, and will remain open for the next 11 days. Interested parties can submit comments electronically by clicking here.
Comments can also be filed electronically by submitting them to 2021-IFR-Eviction-Notice@cfpb.gov. Commenters should include Docket No. CFPB-2021-0008 in the subject line of the email message. Comments may also be mailed to the CFPB, but those are being discouraged by the CFPB due to the COVID-19 pandemic.
The Centers for Disease Control and Prevention has issued a moratorium on evictions to help contain the spread of COVID-19. The CFPB’s interim rule would provide consumers with a private right of action if the disclosure is not made and subject collectors to regulatory action by the CFPB and state attorneys general. The CFPB said there are “probably thousands” of individuals who have been evicted but would have likely been able to stay in their homes or apartments under the CDC’s moratorium.
Collectors, including attorneys, will be required to provide a clear and conspicuous written notice to tenants on the same date as the eviction notice or on the date the eviction action is filed, according to the rule, which is aimed at protecting individuals who have been impacted by the COVID-19 pandemic. The CFPB has estimated that nearly 9 million renters are behind on their payments and that “tens of thousands of renters are being evicted every week, often without being told of their rights under the CDC moratorium.”
The CFPB provided a sample disclosure that collectors and attorneys can use when seeking to evict tenants for non-payment of rent.
To date, the only comment has been filed by a consumer in Oregon who is seeking help because her landlord sold the house she was renting and she and her children have been unable to find a new place to live.
