On September 1st, the Centers for Disease Control (C.D.C) announced a national eviction moratorium for virtually all tenants in the U.S to help prevent the spread of COVID-19. The order will be in effect from September 4, 2020 through June 30, 2021. The order does not replace or override stronger state or local eviction protections in place and tenants and advocates should continue to work for strong local, state and federal protections. The information in this post is an excerpt from the CDC Eviction Moratorium Fact Sheet.
What You Need to Know
- The order covers virtually all rental properties, including single-family homes, mobile homes and apartments.
- The order bans landlords from evicting tenants for non-payment of rent through June 30, 2021 if the tenants have submitted the CDC’s declaration to their landlord (see declaration below).
- Once a tenant has sent the declaration to their landlord, the landlord cannot take any action to remove or cause the removal of that tenant for non-payment of rent before July 2021 — including such actions as evicting the tenant through a judicial lawsuit or harassing or intimidating a tenant to vacate.
- It does NOT cancel or stop the rent from being owed, or stop the build up of owed rent, which would be due after the expiration of the order expires.
- The order does allow an eligible tenant to be evicted before July for certain reasons other than nonpayment of rent, which include (unless state or local law provides stronger “just cause eviction” protections):
- 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).
Am I Eligible?
Tenants are eligible for protection if they:
- Are unable to pay the rent due to income loss or medical expenses
- Either expect to make less in 2020 or 2021 than $99,000 individually or $198,000 as a family, or received a stimulus check or did not have to file a 2020 tax return
- Try, or have tried, to access any government rental assistance funds that may be available
- Understand they are obligated to pay rent if possible, including partial rent payments based on what they can afford
- If evicted the tenants would be homeless or would have to move into a crowded or substandard living situation
How To Get these Protections
- The tenant — and all adults living in the household — have to submit a signed declaration (see below) to their landlord stating they are eligible and that they are telling the truth, under legal penalty.
- Tenants should keep a copy of the declaration and all correspondence with the landlord. Contact your local legal services organization or local community organizing group to be connected to legal assistance for help with the declaration or if you are facing eviction.
Eviction Protection Declaration
The Centers for Disease Control and Prevention (CDC) has issued an order that may protect you from being evicted or removed from where you are living. This means that you may be able to stay at the place where you live through JUNE 30, 2021, if you qualify.
How to use the Eviction Protection Declaration Form:
- See if you qualify for eviction protection under the CDC order. If you’d like help from an expert, contact (800) 569-4287
or visit the HUD Exchange website to get contact information for a local HUD-approved housing counselor.
- Sign the declaration that you qualify, on the next page.
- Give the signed declaration page to the individual or company you rent from (for example, building management,
landlord, etc.). Keep a picture or copy for your records and call your expert back if there’s a problem.
Troubleshooting tools for tenants
Find emergency rental financial assistance.
- Call (800) 569-4287 to find a listing for local
HUD-approved housing counselors
Report problems with debt collection.
- Submit a complaint to CFPB
- Submit a complaint. Call HUD at (800) 669-9777