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SUPREME COURT OF GEORGIA April 30, 2020 (Rockdale County)

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SUPREME COURT OF GEORGIA
April 30, 2020
The Honorable Supreme Court met pursuant to adjournment.
The following order was passed:
IN RE: MAGISTRATE COURT RULE 46
It is ordered that new Uniform Magistrate Court Rule 46
(emergency dispossessory) be approved, effective May 4, 2020, as follows:
PART III. CIVIL RULES
. . .
Rule 46. Emergency Dispossessory
(A) A landlord who files a dispossessory before August 25, 2020 under
OCGA § 44-7-50 (a) seeking possession of a residential premises for
nonpayment of rent shall submit verification, filed and served with the
complaint, indicating whether the property is exempt from the
moratorium provided for in the federal Coronavirus Aid, Relief, and
Economic Security Act (“CARES Act”) (Public Law No. 116-136). In the
event that the dispossessory action was filed prior to the enactment of
this rule, the required verification shall be submitted to the court prior
to or during the dispossessory hearing; if the tenant does not file an
answer, the required verification shall be submitted prior to the writ of
possession being issued.
(B) A landlord shall use the affidavit in this rule if the property is not
defined as a “covered property” under section 4024 (a) (2) of the CARES
Act or otherwise exempt from the moratorium provided for in the CARES
Act.
(C) If the property is a covered property, a landlord shall comply with the
30-day notice requirement contained within section 4024 (c) of the
CARES Act prior to filing any proceeding for nonpayment of rent
pursuant to OCGA § 44-7-50. The required 30-day notice shall not be
sent prior to July 26, 2020.
IN THE MAGISTRATE COURT OF ROCKDALE COUNTY
STATE OF GEORGIA
CARES ACT AFFIDAVIT
Case No. ______________
Plaintiff
Address
City State Zip
Email address
Defendant(s)
Property Address
City State Zip
Personally appeared before me ______________________________, the Plaintiff, Plaintiff's agent or
attorney who upon oath deposes and says as follows:
(1)
I am personally familiar with the residential property occupied by the Defendant, the Defendant’s tenancy,
the property’s ownership, the financing arrangements and any and all liens that may exist on the property.
(2)
The property is not a “covered property” as defined by section 4024 (a) (2) of the CARES Act, or the
property is otherwise exempt from the moratorium imposed therein.
(3)
It is not part of a covered housing program (as defined in section 41411 (a) of the Violence Against Women
Act of 1994 (34 USC § 12491 (a)) or the rural housing voucher program under section 542 of the Housing Act of
1949 (42 USC § 1490r).
(4)
There are no mortgages, deeds to secure debt, nor liens of any other sort which are made in whole or in
part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the United
States Government or in connection with a housing or urban development program administered by the U.S.
Secretary of Housing and Urban Development or a housing or related program administered by any other such
officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal
National Mortgage Association.
(5)
The debt on the property is not receiving a forbearance pursuant to section 4023 of the CARES Act.
(6)
I swear under penalty of perjury that the above information is true and correct and made of my own personal
knowledge. I understand further proof may be required at trial.
Sworn to and subscribed before me,
This day of ,
.
.
Deputy Clerk/ Notary Public
__Plaintiff __Attorney __Owner __Agent
Phone number: _____________________
This
_____
day of
___________,________
CARES Act
Public Law No. 116-136
Explanation of Terms
Sec. 4024 TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) DEFINITIONS.—In this section:
(1) COVERED DWELLING.— The term “covered dwelling” means a dwelling that—
(A) is occupied by a tenant—
(i) pursuant to a residential lease; or
(ii) without a lease or with a lease terminable under State law; and
(B) is on or in a covered property.
(2) COVERED PROPERTY.—The term “covered property” means any property that—
(A) participates in—
(i) a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12491(a);
or
(ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r);
or
(B) has a—
(i) Federally backed mortgage loan; or
(ii) Federally backed multifamily mortgage loan.
(3) DWELLING.—The term “dwelling”—
(A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and
(B) includes houses and dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b).
(4) FEDERALLY BACKED MORTGAGE LOAN.—The term “Federally backed mortgage loan” includes any loan (other
than temporary financing such as a construction loan) that —
(A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums
and cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured
loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way by any officer or
agency of the Federal Government or under or in connection with a housing or urban development program
administered by the Secretary of Housing and Urban Development or a housing or related program administered
by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage
Corporation or the Federal National Mortgage Association.
(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally backed multifamily mortgage loan”
includes any loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the
occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or
pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or
agency of the Federal Government or under or in connection with a housing or urban development program
administered by the Secretary of Housing and Urban Development or a housing or related program administered
by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage
Corporation or the Federal National Mortgage Association.
SUPREME COURT OF THE STATE OF GEORGIA
Clerk’s Office, Atlanta
I certify that the above is a true extract from the
minutes of the Supreme Court of Georgia.
Witness my signature and the seal of said court hereto
affixed the day and year last above written.
, Clerk
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