CDC Orders Temporary Eviction Moratorium on September 4, 2020
From: Michal Machnowski <mmachnowski@nahma.org>
Sent: Tuesday, September 1, 2020 5:51 PM
To: Michal Machnowski <mmachnowski@nahma.org>
Cc: Larry Keys <lkeys@nahma.org>
Subject: NAHMA Update: CDC Orders Temporary Eviction Moratorium on September 4, 2020
Dear NAHMA Members,
This afternoon, the Centers for Disease Control and Prevention released an Order to temporarily halt all residential evictions to prevent the further spread of COVID-19, until December 31, 2020. The Order will be published in the Federal Register on September 4, 2020.
The Applicability Section states, a landlord/owner of a residential property, or other person (including corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals) 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 period of the Order.
Covered individuals include any tenant, lessee, or resident of a residential property who provides--to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action--a declaration under penalty of perjury indicating that:
1) the individual has used best efforts to obtain all available government assistance for rent or housing;
2) 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;
3) 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 expenses;
4) 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
5) 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.
This Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order and does not apply to American Samoa (which has reported no cases of COVID-19, until such time as cases are reported.) The Order does not preclude State, local, territorial, and tribal authorities from imposing additional requirements that provide greater public-health protection and are more restrictive than the requirements in this Order.
This Order is a temporary eviction moratorium to prevent the further spread of COVID-19 and does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract. Nothing in this Order precludes the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.
This Order does not preclude evictions based on a tenant, lessee, or resident:
1) engaging in criminal activity while on the premises;
2) threatening the health or safety of other residents;
3) damaging or posing an immediate and significant risk of damage to property;
4) violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
5) 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).
The CDC Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 Order is attached and can be found here.
NAHMA will continue to update Members once the official publication is made in the Federal Register on September 4, 2020.
Kind regards,
Michal