CDC Issues Eviction Moratorium Through End of Year

The moratorium only postpones evictions for a few more months. It does not eliminate them.

With as many as 17 million households estimated to be at risk of losing their home by the end of the year, the Centers for Disease Control and Prevention (CDC) has issued a residential eviction moratorium through Dec. 31, 2020.

The moratorium was issued by the CDC using a law that gives the government authority to quarantine Americans in order to prevent the spread of disease. Landlords are likely to challenge the order in court, since many have sued to overturn state-level eviction pauses. Judges have rejected those efforts so far, and will likely give the federal government some latitude as well.

The moratorium only postpones evictions for a few more months. It does not eliminate them. Meanwhile, tenants are still required to pay rent and follow all the other terms of their lease and rules of the place where they live, with the moratorium essentially given renters more time to amass the funds needed to pay rent or work out agreements with their landlords.

Tenants may also still be evicted for reasons other than not paying rent or making a housing payment.

But under this order, a landlord cannot evict any “covered” person from any residential property before the Dec. 31. 

To be eligible for eviction protection, each adult member of the household must print and complete THIS FORM and submit it to their property manager, landlord, or owner.

By submitting the form, individuals declare, under penalty of perjury, that they:

  • Have used best efforts to obtain all available government assistance for rent or housing
  • Expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), were not required to report any income in 2019 to the U.S. Internal Revenue Service (IRS), or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act
  • Are unable to pay full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses
  • Are 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 non-discretionary expenses
  • If evicted, would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because they have no other available housing options
  • Understand that they must still pay rent or make a housing payment, and comply with other obligations under tenancy, lease agreement, or similar contract and that fees, penalties, or interest for not paying rent or making a housing payment on time as required by tenancy, lease agreement, or similar contract may still be charged or collected.
  • Further understand that at the end of this temporary halt on evictions on Dec. 31, 2020, their housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make them subject to eviction pursuant to State and local laws
  • Understand that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.

Unless the CDC order is extended, changed, or ended, the order prevents tenants from being evicted or removed from where they are living through Dec. 31, 2020.

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