The CARES Act Notice Requirement: Is It Finally Over?
By: Eric Pettis – South Carolina Licensed Associate
with Brownlee Whitlow & Praet
In October 2025, Fannie Mae and Freddie Mac (commonly referred to as “the Enterprises”) announced a significant policy change stating that they will no longer enforce compliance with the CARES Act’s 30-day notice to vacate requirement for Enterprise-backed multifamily housing.
For years, the CARES Act has required housing providers to issue a 30-day notice to residents as part of their eviction filing process for nonpayment of rent at non-conventional properties (e.g., tax credit, rural development, etc.) or properties with a federally backed mortgage (e.g., Fannie Mae or Freddie Mac loan). To the frustration of many property owners and management companies, this requirement added an extra procedural step that often delayed the eviction process compared with providing a shorter notice in accordance with state law.
When the Enterprises announced they were ending enforcement of this requirement, many housing providers and management companies instinctively asked with excitement: “Do I still have to send 30-day notices before filing an eviction?”
The short answer is “yes.”
Understanding What Just Happened
Below is a summary of what the Enterprises recently announced:
- Fannie Mae released a notice called “Notification 25-19,” which officially ends its enforcement of CARES Act compliance measures starting October 8, 2025. This means Fannie Mae will no longer require special notices or lease audits related to the CARES Act.
- Freddie Mac made similar changes. It will no longer require lenders to remind borrowers about the CARES Act’s 30-day notice rule during loan origination or to distribute flyers explaining renter protections or assistance programs. Additionally, all CARES Act-related conditions are being removed from Freddie Mac loan agreements.
The key takeaway is that the Enterprises will no longer oversee or enforce the 30-day notice requirement as part of their loan administration.
What Does This Mean for Housing Providers?
While the announcements from the Enterprises may sound like long-awaited relief, the changes are limited in scope. The Enterprises’ decision effects enforcement by the Enterprises, not the underlying law itself.
It is clear that Fannie Mae and Freddie Mac are stepping back from monitoring CARES Act compliance; however, the Enterprises have made it equally clear that borrowers must still follow the terms of their loans and comply with all applicable laws, including the CARES Act.
As a result, the recent announcements by the Enterprises do not mean that the federal notice requirement has been repealed or is no longer in effect. Because federal law has not changed, Congress has not amended or repealed the CARES Act notice provision, and no new federal court rulings have invalidated it, the 30-day notice requirement technically remains enforceable under federal law.
Until Congress or the courts officially remove or modify the requirement, housing providers should continue to issue the 30-day CARES Act notice as part of their eviction process based on non-payment of rent for CARES Act covered properties. Failing to do so could still expose covered properties to legal risks and complications in court.
The End Is In Sight
The recent announcement from Fannie Mae and Freddie Mac is a promising development for housing providers, signaling that the long-standing CARES Act notice requirement may finally be nearing its conclusion. While it’s not the end just yet, this change offers a glimpse of relief and a potential shift back to providing notices to residents in accordance with state law as opposed to notices under the CARES Act.
Borrowers and housing providers alike should still adhere to their loan terms and all applicable federal laws, as the federal government and courts retain the authority to enforce the CARES Act and the 30-day notice requirement if desired.
In the meantime, housing providers should continue issuing the 30-day CARES Act notice for all covered properties, ensuring compliance and safeguarding against potential legal complications until the requirement is formally eliminated.
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