The U.S. Centers for Disease Control and Prevention issued an order on September 1st (effective September 4th) protecting certain renters from eviction for nonpayment of rent through the end of the year. The moratorium applies only to renters who meet all of the following criteria:
- The renter expects to earn no more than $99,000 in annual income in 2020 ($198,000 if filing a joint return), or was not required to report income to the IRS in 2019, or received a stimulus check under the CARES Act;
- The renter has “used best efforts to obtain all available government assistance for rent or housing”;
- The renter is unable to pay rent in full or make full housing payments due to a substantial loss of household income, loss of compensable work hours or wages, a layoff, or “extraordinary” out-of-pocket medical expenses (=likely to exceed 7.5% of adjusted gross income for the year);
- The renter is using “best efforts” to make timely partial payments as close to the full rental/housing payment as possible; and
- If evicted, the renter would likely become homeless, need to live in a shelter, or need to move in with another person because they have no other housing options.
To qualify under the moratorium, the renter must also submit a declaration to the landlord under penalty of perjury that they meet these standards. A template for the declaration can be found here. Renters can be subject to criminal penalties for false or misleading statements. Under the moratorium, renters are still liable for their rent and subject to late fees, penalties and interest for nonpayment of rent.
The moratorium blocks any actions by a landlord, residential property owner, or other person with a legal right to pursue eviction from removing or causing the removal of a tenant who qualifies under the moratorium. The moratorium thus appears to block all phases of the eviction process including notices to vacate.