The Centers for Disease Control and Prevention has issued an order titled “Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19” (“Order”) forbidding evictions of residential tenants who do not exceed certain income levels (generally $99,000 for an individual), are unable to make full rental payments due to substantial loss of income, loss of job, or extraordinary medical expense, and have exhausted all available governmental sources of rental or housing assistance. It applies through December 31, 2020, anywhere in the United States that does not already have a moratorium at least as broad ranging as this new Order.
It applies through December 31, 2020, anywhere in the United States that does not already have a moratorium at least as broad ranging as this new Order. It applies to any property leased for residential purposes, including any house, building, mobile home or land in a mobile home park, or similar dwelling leased for residential purposes, but shall not include any hotel, motel, or other guest house rented to a temporary guest or seasonal tenant. As discussed below, serious monetary and criminal penalties can apply if the Order is violated.
The Order states that a “landlord, 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 State or U.S. territory in which there are documented cases of COVID-19 that provides a level of public-health protections below the requirements listed in this Order.”
The Order provides that the moratorium 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. Landlords may continue to charge or collect 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.
The Tenant’s Declaration
To have the moratorium apply, the tenant must submit to the landlord a declaration stating that the tenant:
Penalties can include:
The Order may be found HERE.