CDC stops home evictions for now

The Centers for Disease Control and Prevention has ordered a nationwide halt on home evictions until Dec. 31, 2020, for people who have lost work due to the COVID-19 pandemic and have no other way of providing housing for themselves and their families.

The goal for the eviction ban is to ensure that people have a place where they and their family can self-isolate and thereby restrict the spread of the COVID-19 outbreak, which CDC describes as “a historic threat to public health.”

“Under this order, a landlord, which is the 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 period of the order,” said the CDC order. A covered person is any tenant, lessee, or resident of a residential property provided by a landlord.

Although this is good news for people who are on the brink of eviction, this order is only a moratorium, a temporary prohibition of an activity, and does not provide any relief for individuals who are obligated to pay rent, make a housing payment, or comply with any other obligation that individuals may have under any contract that includes: tenancy, lease, or similar contracts. This means that renters will still be required to pay back the full amount they owe once the order expires in December.

The CDC order also prevents the charging, collecting of fees, penalties, or interest as a result of not paying rent or other housing payment in a timely matter. CDC also stated that in order to use the order, the individual must provide a copy of the declaration form to their landlord, or owner of the residential property, or the person who has the right to get them evicted or removed from where they are residing.

CDC stated that this form should be presented when:

1) The individual has used the 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 in 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

4) The individual is using the 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; 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.

Additionally, under second rule of when the declaration form should be presented, renters have to sign a declaration saying that they don’t make more than $99,000 a year, or twice ($198,000) if filing a joint tax return, and that they have no other option if evicted other than homelessness or living with more people in proximity.