CDC Publishes Eviction Moratorium FAQs
This week, the Centers for Disease Control and Prevention (CDC), the Department of Health and Human Services, and the Department of Housing and Urban Development published a guidance with frequently asked questions regarding the CDC’s temporary halt of all residential evictions to prevent the further spread of COVID-19. The Order temporarily halts residential evictions of covered persons for nonpayment of rent during September 4, 2020, through December 31, 2020.
The CDC Eviction Moratorium Frequently Asked Questions guidance is attached and can also be found here.
A few notes from JAHMA President Kevin Krier on the guidance
Please note that this only stops evictions for NON_PAYMENT of rent and the tenant must fall into ALL of the following categories:
The individual has used best efforts to obtain all available government assistance for rent or housing;
The individual either (i) expects 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), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
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 expenses2;
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 nondiscretionary expenses; and
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.
Additionally, this moratorium does NOT protect a tenant from eviction who is:
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 of a tenant’s lease, other than the timely payment of rent or similar housing-related payment (including nonpayment or late payment of any fees, penalties, or interest).