HHS/CDC TEMPORARY HALT IN RESIDENTIAL EVICTIONS TO PREVENT THE FURTHER SPREAD OF COVID-19
The Order temporarily halts residential evictions of “covered persons” for nonpayment of rent from September 4, 2020, through December 31, 2020. This means that a landlord, owner of a residential property, or another person with a legal right to pursue an eviction or a possessory action cannot evict for nonpayment of the rent any covered person from any residential property in any U.S. state or U.S. territory where the Order applies.
Who is a “covered person” for purposes of this Order?
A “covered person” is any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or another person with a legal right to pursue eviction or a possessory action, a declaration under penalty of perjury that:
(1) The individual has used 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 for Calendar Year 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 wages, a lay-off, or extraordinary out-of-pocket medical expenses2;
(4) The individual is using 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 nondiscretionary expenses; and