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COVID-19 Information for Alabama

The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.

State and Local Affiliates

Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.

State Legal and Regulatory Information

We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws and other policy issues.

Shelter in Place

Effective Saturday, April 4, 2020 at 5:00PM, every person is ordered to stay at his or her place of residence except as necessary to perform any “essential activities”. This shelter in place order will expire on Thursday, April 30, 2020. Infrastructure designated by CISA in its March 28, 2020 “Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response,” of which property management is included, is exempted from closure by the order.

Effective Thursday, April 30, 2020 through Friday, May 15, 2020, Alabama has enacted a Safer At Home Order which will partially reopen certain retail businesses and beaches. Individuals are encouraged to continue working from home and refrain from engaging in non-work-related groups of 10 or more persons.

Effective Monday, May 11, 2020, Governor Ivey’s Amended Safer at Home Order allows more business to reopen sooner with restrictions.

State of Emergency

Governor Kay Ivey issued a state of emergency on March 13.

Eviction

Ninth Supplemental State of Emergency

  • Action: Governor Ivey amended the Sixth Supplemental State of Emergency to specify eviction protections only apply to evictions based off nonpayment of rent. Enforcement of any order that would result in the displacement of a person from his or her residence
  • Duration: Through July 8, 2020. 
  • Notification: Not required.
  • COVID-19 Related Impact Requirement: No.
  • Supporting Documentation: Not Required.
  • Residents Responsible for Rent: Yes.

Supreme Court Order 031320

  • Action: The Supreme Court has suspended in-person civil cases throughout the state. Remote proceedings are allowed for cases that do not involve in-person contact and the order does not affect court’s consideration of matters that can be resolved without in-person proceedings.

​Rental Assistance / Housing Provider Assistance

No statewide emergency rental assistance for Alabama.

Rent Freeze

No rent freeze is in effect at the state level. Local rent regulation is preempted by Alabama Code: § 11-80-8.1.

Price-Gouging Law

Under Alabama Code, § 8.31.3, it is unlawful to impose unconscionable prices for the sale or rental of any commodity or rental facility during a period of declared state of emergency. Under Alabama Code, § 8.31.4, unconscionable prices are determined if any person charges a price that exceeds, by an amount equal to or in excess of twenty-five percent the average price at which the same or similar commodity or rental facility was obtainable in the affected area during the last 30 days immediately prior to the declared state of emergency.

Local Legal and Regulatory Information

Birmingham

Effective, Friday, April 3, 2020 through Thursday, April 30, 2020, the City of Birmingham, passed a Stay At Home Order, The City will also require, per City Council ordinance, the wearing of face masks by all individuals in public areas, effective Friday, May 1, 2020.