COVID-19 Information for Idaho
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.
Governor Little announced that Idaho will remain in Stage 2 of the Idaho Rebounds plan. Under Phase 2, employers and individuals are encouraged to maintain social distancing, adhere to health and safety guidance, and wear face coverings.
Face Mask Mandate
Statewide mandates for wearing face coverings have not been issued. The state’s capital, Boise, issued a face covering ordinance requiring face coverings in all indoor and outdoor public places.
State of Emergency
Governor Brad Little declared a state of emergency on March 12, 2020.
Status: Eviction Cases Can Resume (Remote)
- Action: Requires landlord affidavit of compliance with the Federal CARES Act Eviction Moratorium (Sec. 40224).
- Scope: Each eviction action initiated between May 4, 2020 and July 25, 2020.
- COVID-19 Related Impact Requirement: No.
- Residents Responsible for Rent: Yes.
- Additional Commentary: Idaho had a statewide order directing that eviction cases be continued except for emergencies. However, on April 22, 2020, the Idaho Supreme Court issued an order resuming all hearings remotely, effective May 1, 2020. Some counties have moved to reduced operations in the court system and are therefore hearing a limited number of cases that don't include eviction cases.
Rental Assistance/Housing Provider Assistance
Idaho renters having difficulty managing the pandemic may be eligible for financial assistance from the Idaho Housing and Finance Association’s Housing Preservation Program.
The program will give Idahoans who are affected by the pandemic short-term rent and utility support. To qualify, renters must have an income of 80% of area median income or less, owe past-due rent or utilities or be unable to pay upcoming rent or utilities.
When applying for the program, renters should be prepared to provide:
- Basic information on each household member
- An electronic copy of your state-issued ID
- Proof of income
- Your lease agreement
- Your utility bill (if past due or threatened with shut-off)
No rent freeze is in effect at the state or local level. Local rent regulation is preempted by Idaho Code § 55-307.
Under Idaho Code § 48.603, it is unlawful to sell select goods (food, fuel, water, and pharmaceuticals) at an exorbitant or excessive price for the duration of a declared emergency. This statutory language does not apply to rental housing.
Business Liability Protections
On Friday, September 4, 2020, Gov. Little enacted protections for businesses against civil liability. Under the rules, businesses are protected against civil liability claims resulting from customer or employee exposure to COVID-19 while on premises if the business follows applicable federal, state, and local safety guidelines.
Local Legal and Regulatory Information
Rental Assistance/Housing Provider Assistance
The Pocatello assistance program is funded by the Department of Housing and Urban Development (HUD) to help people in Pocatello who have experienced a reduction or loss of income directly related to the COVID-19 pandemic.
To qualify households must be able to show that the loss of income is related to COVID-19, households must not be receiving rental, mortgage, or utility assistance from another agency, and must not have a combined household income greater than the amount listed below.
This program is being administered on a first-come, first-served basis and only complete applications (with all required documentation) will be considered. Funding for this program is limited and applicants are encouraged to submit completed applications as quickly as possible.