CDC Issues Eviction Moratorium through December 31, 2020

The Centers for Disease Control and Prevention has implemented a nationwide eviction moratorium on all residential rental units.

In summary, the CDC Moratorium applies to:

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:
    1. 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)
    2. Was not required to report any income in 2019 to the U.S. Internal Revenue Service
    3. 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 non-discretionary expenses
  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 moratorium is scheduled to start (and be officially published in the Federal Register) on September 4, 2020. We are currently unaware of the ultimate legality of a nationwide mandate, how it will be implemented, or the effect it will have. We are keeping an eye on these developments and proactively advocating for our clients. We welcome your contacts should you have any questions.

The official order can be found here.

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