The residential eviction moratorium has been extended. On Tuesday, September 1, 2020, the U.S. Centers for Disease Control and Prevention (CDC) announced a nationwide eviction moratorium through the end of 2020, in light of the expiration of the previous nationwide moratorium established by the CARES Act.
Under the CDC Order, landlords may not evict certain qualified tenants from any residential property for failure to pay rent. The CDC Order explains the terms and conditions of the moratorium, which include among other things:
- Income Eligibility: The moratorium applies to tenants who expect to earn no more than $99,000 in annual income in 2020, or no more than $198,000 if filing a joint tax return.
- Residential Only: The moratorium applies to residential properties only. It does not apply to commercial properties.
- Financial Obligations: Although Tenants may not be evicted based on their failure to pay rent, they remain liable for all rent that comes due under the lease. The moratorium also does not prohibit the charging of late fees, penalties or interest under the lease.
- Non-Rent Lease Violations: Tenants may still be subject to eviction based on other violations of the terms of their lease.
The goal of the CDC Order is to slow the spread of COVID-19 by decreasing the number of people living in close quarters (which is statistically common among people evicted from properties). Further, the CDC Order notes that the population of persons who would be evicted would include many who are predisposed to developing severe disease from COVID-19.
In order to invoke the protections of the CDC Order, tenants must provide a declaration form to their landlord. The declaration form, included as an attachment to the CDC Order, requires the tenant to certify income eligibility, inability to obtain government assistance, inability to make rent payments and a declaration that the tenant would likely become homeless or have to move into close quarters. Violators of the CDC Order could face criminal fines and/or jail time.
To view the complete CDC Order, click here. If you have any questions regarding the CDC Order imposing a residential eviction moratorium, please contact Tom Amon, Brandon Cory, Andrew Reside or any member of Warner’s Real Property Litigation Practice Group.