The U.S. Center for Disease Control and Prevention issued a nationwide order halting evictions through the end of the year. The order covers 43 million U.S. residential renters if they meet income and other eligibility requirements.
The CDC’s order is more expansive than the eviction moratorium that was part of the CARES Act. The CARES Act covered about 12.3 million renters in apartments and single-family homes that were financed by mortgages backed by the federal government. The current moratorium applies regardless of how a rental property is financed.
To qualify for the protection, a renter must provide a written certification covering several requirements. First, the individual must certify that they have used “best efforts” to obtain available government assistance for rent or housing.
Second, they must certify one of three things related to their income:
- That the individual expects to earn no more than $99,000 in 2020, or $198,000 if filing a joint tax return; or
- That they were not required to report any income to the IRS in 2019; or
- That they received a stimulus check (Economic Impact Payment) under the CARES Act.
Third, they must certify that they are unable to pay the full rent 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.”
Fourth, they must use “best efforts” to make partial payments on time that are “as close to the full payment as the individual’s circumstances may permit, taking into account other non discretionary expenses.”
Finally, renters must certify that an eviction would likely “render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or share living setting—because the individual has not other available housing options.”
....The order does not relieve renters of the obligation to pay rent. In addition, the order does not prevent landlords from charging or collecting fees, penalties, or interest as a result of a tenant’s failure to pay rent on time.
In addition, the order does not preclude evictions for any one of the following reasons:
- Criminal activity on the premises;
- Threatening the health or safety of other tenants;
- Damaging or posing an immediate and significant risk of damage to the property;
- Violating building codes or health ordinances related to health and safety; or
- Violating any of the terms of the rental agreement other than the timely payment of rent.
At the end of the eviction moratorium tenants will owe any unpaid rent. To read more, click here