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CDC MORATORIUM

UPDATED: On September 1, the Centers for Disease Control and Prevention (CDC) issued a temporary national moratorium (freeze) on most evictions for the nonpayment of rent to help prevent the spread of the COVID-19.

The moratorium began September 4, 2020, and was extended to October 3, 2021.

The order does not replace or override stronger state or local eviction protections in place and tenants and advocates should continue to work for strong local, state, and federal protections.

HOW DO I KNOW IF I AM COVERED BY THE MORATORIUM?

To be eligible, renters must meet the following qualifications:

  • You have used your “best efforts” to obtain government rental assistance;
  • You do not expect to earn more than $99,000 in 2020 (or $198,000 if you are married and filed a joint tax return), or you did not need to report income to the federal government in 2019, or you received an Economic Impact Payment this year;
  • You have been experiencing a “substantial” loss of household income because of a layoff or reduced work hours, or you have “extraordinary” out-of-pocket medical expenses (defined as an unreimbursed medical expense that exceeds 7.5% of your adjusted gross income for the year);
  • You have been making your best effort to make partial rent payments as close to the full amount due as possible; and
  • Being evicted would cause you to become homeless or you would have to move in with a friend or family member (live “doubled up”).

NLIHC and NHLP also recommend tenants send their landlords the declaration via certified mail, which will provide you with an official receipt to prove the declaration was mailed and require a signature from the recipient to prove the declaration was delivered. Sending the declaration by email also provides evidence that you submitted the declaration. You should also make a copy of the declaration to keep for your records

Section 8 voucher holders should download the following tools to better understand the updated guidelines.

Tenant Brochure
TIPS FOR REDUCING ACCRUAL OF RENT (BACK RENT)
EMERGENCY RENTAL ASSISTANCE PROGRAM

Public Housing Agencies (PHAs) and HVC landlords should download the following tools to better understand the updated guidelines.

PHA and HVC Landlord Brochure
HVC TIPS FOR PREVENTING EVICTIONS
RENT REPAYMENT GUIDANCE & SAMPLE AGREEMENTS
COVID-19 NEEDS ASSESSMENT
Download Declaration

For More Information, call SCAP Section 8 and Legal Aid: 910-277-3535

WHO IS COVERED?

The order covers virtually all rental properties, including single-family homes, mobile homes and apartments.

  • The order bans landlords from evicting tenants for non-payment of rent through the end of 2020 if the tenants have submitted a declaration of income loss or significant medical expense (see declaration below).
  • Once a tenant has sent the declaration to their landlord, the landlord cannot take any action to remove or cause the removal of that tenant for non-payment of rent before January 2021 — including such actions as serving an eviction notice, filing an eviction lawsuit, or harassing or intimidating a tenant to vacate.
  • It does NOT cancel or stop the rent from being owed, or stop the build up of owed rent, which would be due after the expiration of the order expires
  • The order does allow an eligible tenant to be evicted before January for certain reasons other than nonpayment of rent, which include (unless state or local law provides stronger “just cause eviction” protections):

Housing Moratorium Fact Sheets

Centers for Disease Control National Eviction Moratorium Overview

Download

Centers for Disease Control Moratorium Fact Sheet

Download

Renter FAQ's

DOES THE FEDERAL MORATORIUM STOP ALL EVICTIONS?

Tenants can still be evicted for:

  • Damaging or posing an immediate and significant risk of damage to the property;
  • Threatening the health or safety of other residents;
  • Conducting criminal activity on the property;
  • Violating applicable building codes, health ordinances, or other regulations related to health and safety; and
  • Violating any contractual obligation other than the timely payment of rent, late fees, penalties, or interest.

Sources: Centers for Disease Control, National Housing Law Project

Centers for Disease Control Renter FAQ Sheet

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