Eviction moratorium now runs through March 31

The Centers for Disease Control (CDC) has extended the eviction ban through March 31, 2021. CDC Director Rochelle Walensky signed the order this week.

Walensky writes:

“Evicted renters must move, which leads to multiple outcomes that increase the risk of COVID-19 spread. Specifically, many evicted renters move into close quarters in shared housing or other congregate settings.”

The Order points to the Census Bureau’s American Housing Survey that found almost a third of renters would be force to move in with friends or family if evicted- causing “household crowding.” The extension of eviction moratorium aims to prevent this.

Tenant declarations

Much like the first Order in 2020, this one also defines who is eligible. 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 indicating that:

1. The individual has used best efforts to obtain all available government assistance for rent or housing;
2. The individual either (i) 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) pursuant to Section 2201 of the CARES Act;
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 non-discretionary expenses; and
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.

More on the eviction ban

• CDC National Eviction Moratorium
• Tuesday Tip: Eviction Moratorium, President’s Executive Order
• Tuesday Tip: Eviction Moratorium Ending