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.
Shelter in Place
Effective Friday, May 1, 2020, businesses and governmental agencies may resume operations at physical locations in the state of Idaho except for those businesses identified in the Stay Healthy order. All businesses must adhere to the social distancing and sanitation requirements described in Section 7 of the order.
Effective Wednesday, May 22, 2020, Idaho is now in Phase 2 of its Idaho Rebounds reopening plan. Pursuant to the order of the Iowa Department of Health and Welfare, all business and governmental agencies may continue to resume operations at their physical locations except those business identified in the order.
On Thursday, May 28, 2020, Governor Little announced that Idaho had met the criteria to advance to Stage 3 of the Idaho Rebounds plan to safely reopen Idaho’s economy.
State of Emergency
Governor Brad Little declared a state of emergency on March 12, 2020.
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
No statewide emergency rental assistance for Idaho.
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.