CDC National Eviction Moratorium

Posted On: September 10, 2020

The CDC national eviction moratorium is in effect from September 4 to December 31, 2020. In this video, Navigate’s Corporate Trainer Vickie Bell talks about the specifics of the national eviction moratorium and its effects on the housing industry. She also talks about the specific details of the national eviction moratorium and how residents qualify.

Links mentioned in this video

Federal Register: Official notice of the CDC National Eviction Moratorium
Spread of COVID–19

Rental Housing Assistance

CDC National Eviction Moratorium Documents

CDC National Eviction Moratorium Q & A

What are the effective dates of the Order?

September 4, 2020 through December 31, 2020

Is this an extension of the eviction moratorium provided under the CARES Act?

No. This CDC national eviction moratorium is separate from the moratorium provided under the CARES Act, which is still in effect for those properties where the owners are under a forbearance.

Who does the order cover from eviction?

Under this Order, a landlord, owner of a residential property, or other persons with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.

When does this order not apply?

This Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order. Nor does this order apply to American Samoa, which has reported no cases of COVID-19, until such time as cases are reported.

What is the purpose of this order?

It is a temporary eviction moratorium to prevent the further spread of COVID-19, to help prevent homelessness in close shelters.

Are the rent or house payments deferred?

Sort of. The residents can make partial rental payments if accepted by the Lessor.

Are residents still responsible for rent and fees

Yes. Residents are responsible for paying rent and housing payments. Unlike the CARES ACT, they are also responsible for late fees, collection fees, penalties and any fees associated with tenancy. Landlords may still evict residents for reasons other than non-payment of rent under the terms of any applicable contract.

Are all residents automatically covered under this order?

No. To be covered by this CDC Order, each adult listed on the lease, rental agreement, or housing contract must be eligible and provide an executed copy of the Declaration Form or a similar declaration under penalty of perjury to the O/A. The sworn declaration must be submitted to a qualifying renter’s landlord, owner, or other individual who has the right to evict.

How does the resident obtain the declaration form?

The forms are available online or if request from the O/A.

What does the declaration require of the resident?

The following requires the resident(s)meets any of the following criteria-that he/she:

  • Has used best efforts to obtain all available government assistance for rent or housing.
  • Either:
    • Expects 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),
    • Was not required to report any income in 2019 to the U.S. Internal Revenue Service, or
    • Received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.
  • Is 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.
  • Is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, considering other nondiscretionary 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 he/she has no other available housing options.
  • Understands that he/she must still pay rent or make a housing payment, and comply with other obligations under my tenancy, lease agreement, or similar contract. He/she further understands that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.
  • Understands that at the end of this temporary halt on evictions on December 31, 2020, my 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 him/her subject to eviction pursuant to state and local laws.
Does this order cover non-payment only?

Yes. In this way, the Order is like the CARES ACT. It only stops evictions of non-payment of rent if the resident(s) are eligible according to the Declaration. These persons are still required to pay rent and follow all the other terms of their lease and rules of the place where they live. These persons may also still be evicted for reasons other than not paying rent or making a housing payment.  Nothing in this Order precludes evictions based on a tenant, lessee, or resident:

  • Engaging in criminal activity while on the premises.
  • Threatening the health or safety of other residents.
  • Damaging or posing an immediate and significant risk of damage to property,
  • Violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
  • Violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest).
Are any penalties for either party associated with this order?

Yes. A person violating the order may be subject to a fine of $100,000, one year of jail, both a fine and jail, or another lawful penalty, if the violation does not result in death. If the violation results in a death, the person violating the order may be subject to a fine of $250,000, one year of jail, both a fine and jail, or other lawful penalties. 

An organization violating this order may be subject to $200,000 per event, if the violation does not lead to death and $500,000 per event if the violation results in death.

  1. “Available government assistance” means any governmental rental or housing payment benefits available to the individual or any household member.
  2. “Available housing” means any available, unoccupiedresidential property, or other space for occupancy in any seasonal or temporary housing, that would not violate Federal, State, or local occupancy standards and that would not result in an overall increase of housing cost to such individual.
  3. “Covered person” means 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.
  4. “Evict” and “Evict” and “Eviction” means any action by a landlord, owner of a residential property, or other person with a legal right to pursue eviction or a possessory action, to remove or cause the removal of a covered person from a residential property. This does not include foreclosure on a home mortgage.
  5. “Residential property” means any property leased for residential purposes, including any house, building,   mobile home or land in a mobile home park, or similar dwelling leased for residential purposes, but shall not include any hotel, motel, or other guest house rented to a temporary guest or seasonal tenant as defined under the laws of the State, territorial, tribal, or local jurisdiction.
  6. “State” shall have the same definition as under 42 CFR 70.1, meaning “any of the 50 states, plus the District of Columbia.”
  7. “U.S. territory” shall have the same definition as under 42 CFR 70.1, meaning “any territory (also known as possessions) of the United States, including American Samoa, Guam, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.”

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