CDC Eviction Moratorium 9/4/20 - 12/31/20

The Center for Disease Control, acting under federal authority, has placed an eviction moratorium on all residential evictions for non-payment of rent if the tenant meets certain conditions. In simple terms, the tenant is supposed to execute a Declaration that says he or she meets certain criteria, most of which, the average tenant will meet. (Tenant has made efforts to obtain rental assistance, makes less than $99,00 a year or qualified for stimulus money, tenant is unable to pay rent due to loss of income, tenant using best efforts to make payments, and eviction would likely cause homelessness or force tenant into close living conditions) The tenant is then supposed to give the Declaration to the landlord. The tenant doesn't actually have to prove any of those criteria, but is declaring those criteria exist under penalty of law. There is no clear guidance on when the Declaration is to be given. Preferably it should be given before a landlord initiates eviction procedures (posting 5 day notice, filing eviction proceedings in court, etc.) I am interpreting the Order to mean that as long as a tenant offers the Declaration up and to the point of a physical ejection from the residence, the CDC Order will govern and the eviction process will be halted. Therefore, while landlords are free to pursue evictions for non-payment, it may be simpler to hold off initiating evictions for non-payment at this time. I am confident that judicial ethics and higher courts will require the court to advise the tenant about the Declaration and provide assistance to the tenant. Note that tenants may still be evicted for other breaches of contract that have nothing to do with non-payment. The following are excerpts from the Order:

Notice and Order; and subject to the limitations under “Applicability”: Under 42 CFR 70.2, a landlord, owner of a residential property, or other person 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. For purposes of this Order, “person” includes corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.

“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.

Attachment A is a Declaration form that tenants, lessees, or residents of residential properties who are covered by the CDC’s order temporarily halting residential evictions to prevent the further spread of COVID-19 may use. To invoke the CDC’s order these persons must provide an executed copy of the Declaration form (or a similar declaration under penalty of perjury) to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live. Each adult listed on the lease, rental agreement, or housing contract should likewise complete and provide a declaration. Unless the CDC order is extended, changed, or ended, the order prevents these persons from being evicted or removed from where they are living through December 31, 2020. 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.

To Review the Full Order, go to

https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-19654.pdf

ATTACHMENT A

DECLARATION UNDER PENALTY OF PERJURY FOR

THE CENTERS FOR DISEASE CONTROL AND PREVENTION’S TEMPORARY HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19

This declaration is for tenants, lessees, or residents of residential properties who are covered by the CDC’s order temporarily halting residential evictions (not including foreclosures on home mortgages) to prevent the further spread of COVID-19. Under the CDC’s order you must provide a copy of this declaration to your landlord, owner of the residential property where you live, or other person who has a right to have you evicted or removed from where you live. Each adult listed on the lease, rental agreement, or housing contract should complete this declaration. Unless the CDC order is extended, changed, or ended, the order prevents you from being evicted or removed from where you are living through December 31, 2020. You are still required to pay rent and follow all the other terms of your lease and rules of the place where you live. You may also still be evicted for reasons other than not paying rent or making a housing payment. This declaration is sworn testimony, meaning that you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit important information.

I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the foregoing are true and correct:

 I have used best efforts to obtain all available government assistance for rent or housing;

 I either expect 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;

 I am unable to pay my 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 extraordinary38 out-of-pocket medical expenses;

 I am 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 nondiscretionary expenses;

 If evicted I 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 I have no other available housing options.

 I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand 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.

 I further understand 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 me subject to eviction pursuant to State and local laws.

I understand that any false or misleading statements or omissions may result in criminal and civil actions for fines,penalties, damages, or imprisonment.

_________________________________ ________________

Signature of Declarant Date