On September 1, the U.S. Center for Disease Control and Prevention (CDC) issued an order titled, Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19. Beginning September 4 through December 31, 2020 evictions are halted for nonpayment of rent. Tenants must sign and provide a declaration to their landlords that they meet they following conditions. Tenants must attest that they have used all best efforts to obtain all available government assistance for rent on housing; expect to earn less than $99,000 per individual ($198,000 for a joint tax return) in 2020 or received an economic stimulus check; are unable to pay rent due to substantial loss of household income or extraordinary out-of pocket medical expenses (more than 7.5% of adjusted gross income); are making best efforts to make timely partial payments; and if evicted, would likely become homeless or move into a crowded housing setting. Here is a generic sample declaration form.
The order only halts evictions for nonpayment of rent and does not waive rent due. Tenants are still responsible for rent due and any penalties or fees associated with late rent. This order does not provide for new funding to help pay rent and directs states and HUD grantees to use the CDBG-CV, ESG-CV, and the Coronavirus Relief Funds they were granted as part of the CARES Act in March 2020 to fund rental assistance programs. If the state passes eviction prevention measures that have the same or greater public-health protections, the state’s requirements will take precedence.
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