Guidelines on the CDC Eviction Moratorium

HUD Strategies for Renter Protection

The following explanation of the CDC’s eviction moratorium was provided by the Eviction Lab on Sept. 4, 2020: 

Today, the Centers for Disease Control and Prevention issued a new order, effective from Sept. 4 through Dec. 31, 2020, that provides protection from eviction to prevent the further spread of COVID-19.

Although many questions about the order remain, to the best of our knowledge, this emergency action prohibits new and previously filed evictions of tenants who provide their landlords with a signed declaration stating that they meet all of the following criteria:

  • They have used their best efforts to obtain all available government assistance for rent or housing.

  • They meet anyone of three income limits:

- They expect to earn no more than $99,000 in 2020 ($198,000 for those filing a joint tax return). According to 2018 American Community Survey estimates, 86% of renter households had total household income below $100,000;

- They were not required to report any income to the IRS in 2019; or

- They received a stimulus check pursuant to the CARES Act.

  • They are unable to pay full rent because of substantial income loss, loss of work or wages, or extraordinary out-of-pocket medical expenses

  • They are using best efforts to make partial rent payments as they are able.

  • They would face homelessness, move to a homeless shelter, or be forced to live in close quarters due to lack of housing options if they were evicted.

  • They understand that they must still pay rent and comply with obligations under the tenancy or lease agreement and that late fees may be charged.

  • They understand that any unpaid rent may be required in full at the end of the eviction moratorium and that false or misleading statements may result in criminal and civil fines, penalties, damages, or imprisonment.

To be protected from eviction, tenants must complete this declaration and provide it to the landlord or property manager. Each adult listed on the lease, rental agreement, or housing contract should complete the declaration. The order enumerates penalties for anyone who violates it, including fines of $100,000 to $500,000 and civil and criminal penalties.

(Source: CCLP)