The U.S. Center for Disease Control and Prevention (CDC) has issued a nationwide order halting evictions through December 31. This was one of the asks made in Commissioner Denson & Commissioner Mariah Parker’s ACC resolution supporting tenants during the pandemic. This order technically goes into effect on September 4.
The current moratorium applies regardless of how a rental property is financed, much more expansive than the eviction protections in the CARES Act that only protected renters in apartments and single-family homes that were financed by mortgages backed by the federal government.
To qualify for the protection, a renter must provide a written affidavit, covering several requirements, and provide it to their landlord. You can download a copy of the affidavit here.
By signing and providing the affidavit, the individual is certifying the following all apply:
- You have used “best efforts” to obtain available government assistance for rent or housing.
- One or more of the following apply to your income:
- That the individual expects to earn no more than $99,000 in 2020, or $198,000 if filing a joint tax return; or
- That they were not required to report any income to the IRS in 2019; or
- That they received a stimulus check (Economic Impact Payment) under the CARES Act.
- You are unable to pay the full rent 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.”
- You must use “best efforts” to make partial payments on time that are “as close to the full payment as the individual’s circumstances may permit, taking into account other non-discretionary expenses.”
- You must certify that an eviction would likely “render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or share living setting—because the individual has no other available housing options.”
You must sign the affidavit and provide the signed affidavit to your landlord. It is also recommended that you keep a copy of the affidavit for your own records.
This order does not provide rent forgiveness:
At the end of the eviction moratorium (December 31 unless extended), tenants will still owe any unpaid rent. The order also does not prevent landlords from charging or collecting fees, penalties, or interest as a result of a tenant’s failure to pay rent on time. This creates another risk as unpaid financial obligations grow for many who may not be able to pay the rent. It is necessary for further wide scale financial assistance to be provided by the Federal Government.
The order does not stop evictions for any one of the following reasons:
- Criminal activity on the premises;
- Threatening the health or safety of other tenants;
- Damaging or posing an immediate and significant risk of damage to the property;
- Violating building codes or health ordinances related to health and safety; or
- Violating any of the terms of the rental agreement other than the timely payment of rent.