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

(5) Eviction would likely render the individual homeless— or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.

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A tenant, lessee, or resident of a residential property must provide a completed and signed copy of the declaration, as described above, to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live. The declaration may be signed and transmitted either electronically or by hard copy. Each adult listed on the lease, rental agreement, or housing contract should complete the declaration. In certain circumstances, such as individuals filing a joint tax return, it may be appropriate for one member of the residence to provide an executed declaration on behalf of other adult residents party to the lease, rental agreement, or housing contract at issue.

The declaration form can be found here: https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf

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For more information, click the CDC FAQ link here; https://www.cdc.gov/coronavirus/2019-ncov/downloads/eviction-moratoria-order-faqs.pdf