So You Don’t Have To Waste Your Time…
Here Are FAQs on the Eviction Moratorium
Background
CDC issued its initial order temporarily halting residential evictions of covered persons for nonpayment of rent on September 4, 2020. That order was set to expire on December 31, 2020. On December 27, 2020, the President extended the expiration date of the CDC order until January 31, 2021. On January 29, 2021, the CDC Director modified and further extended the order until March 31, 2021. On March 29, 2021, CDC modified and further extended the order until June 30, 2021. On June 24, 2021, CDC modified and extended the order until July 31, 2021. CDC issued a new order on August 3, 2021, which is set to expire on October 3, 2021. This new order is more limited in scope than prior orders and is intended to target U.S. counties with “substantial” and “high” coronavirus transmission.
What does the Order do?
The order temporarily halts residential evictions of covered persons for nonpayment of rent after the order was issued on August 3, 2021 through October 3, 2021. This means that covered persons cannot be evicted for nonpayment of rent from any residential property in any U.S. county or U.S. territory where the order applies.
How does this Order differ from CDC’s prior Orders?
This new order is more limited in scope than prior orders. While the prior orders applied nationwide, this order only applies in U.S. counties and territories experiencing substantial or high levels of community transmission of COVID-19. To determine if your county is covered by this order, visit CDC’s COVID-19 Integrated County View website to learn your county’s current level of community transmission.
Who is a “covered person” for purposes of the Order?
A “covered person” is any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action, a declaration under penalty of perjury that:
1)The individual has used best efforts to obtain all available government assistance for rent or housing;
2) The individual either (i) earned no more than $99,000 (or $198,000 if filing jointly) in Calendar Year 2020, or expects to earn no more than $99,000 in annual income for Calendar Year 2021 (or no more than $198,000 if filing a joint tax return); (ii) was not required to report any income in 2020 to the U.S. Internal Revenue Service; or (iii) received an Economic Impact Payment (stimulus check);
3) The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;
4) The individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
5) Eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared-living setting because the individual has no other available housing options; and
6) The individual resides in a U.S. county experiencing substantial or high rates of community transmission levels of SARS-CoV-2 as defined by CDC.
If you are eligible for protection under the CDC Order, do you still owe rent to your landlord?
Yes. The CDC order does not cause your rent to be forgiven. You must still fulfill your obligation to pay rent and follow all the other terms of your lease and rules of the place where you live. You must use best efforts to make timely partial payments that are as close to the full payment as their individual circumstances permit, considering other nondiscretionary expenses.
What does it mean when a tenant has declared themselves to be a covered person under the CDC Order?
Covered persons located in U.S. counties and territories in which this order applies may not be evicted solely on the basis of the failure to pay rent or similar charges at any time during the effective period of the order. Landlords may continue to charge rent and accept partial payments from tenants during this time, but a covered person cannot be physically evicted while the order is in effect unless and until the tenancy is terminated for a legitimate reason other than nonpayment of rent.
After the issue had gone to press, the Supreme Court struck down the eviction moratorium, ruling that it can only be extended via action from Congress.
