Center for Disease Control and Prevention issues order to ban eviction of tenants

In an unprecedented move last week, the Center for Disease Control and Prevention (CDC) issued an order banning eviction of tenants unable to pay their rent. The order offers an extension to the eviction moratorium provided by the CARES Act package voted on earlier this year.

In an order published by the CDC, eviction moratoria are identified as a way to contain the spread of COVID-19. “Eviction moratoria facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition.”

Individuals that expect to earn less than $99,000 a year and that have received a federal stimulus check or have proof that they were not required to pay income taxes in 2019 may be covered by the ban.

Those who are eligible must submit a declaration form stating that despite their efforts to seek governmental assistance for housing and rent and to make timely payments, the pandemic has prevented them doing so. Tenants are asked to present declaration forms to their landlords, in person, as soon as possible. Renters whose landlords refuse to honor their declaration forms are encouraged to seek legal services.

While the eviction ban does offer tenants immediate relief, it is not a rent suspension. The CDC asks that renters continue to pay rent if possible. The declaration requires renters to acknowledge that full payment of overdue rent may be required. The eviction ban will end on December 31 and the inability to pay after that date could result in eviction.