Overview: The CDC Eviction Ban
On Saturday, September 04, 2020, the Centers for Disease Control (CDC) issued a nationwide ban on evictions across the nation through December 31, 2020. The order does not relieve individuals of any rent obligation. Tenants can use the
linked tool to determine whether they qualify.
In order to stop an eviction, the individual must, under penalty of perjury declare 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 expenses;
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.”
However, landlords retain the right to seek “collect[ion] of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.”
According to the order, Residential property “means any property leased for residential purposes, including any house, building, mobile home or land in a mobile home park, or similar dwelling leased for residential purposes…”
For those seeking to stop an eviction due to “extraordinary medical expenses,” the Order defines it as “any unreimbursed medical expense likely to exceed 7.5% of one’s adjusted gross income for the year.”
Evacuations can still occur as a result of a resident:
“(1) engaging in criminal activity while on the premises;
(2) threatening the health or safety of other residents;
(3) damaging or posing an immediate and significant risk of damage to property;
(4) violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
(5) violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest).”
Failure to comply with the law can result in criminal penalties. Many expect a legal challenge to the order with one law professor, Lindsay Wiley, in the Hill newspaper on September 3rd, calling the measure “unprecedented” and statin that while “[t]he CDC has really broad authority on its face, but it's never pushed the boundaries of that authority.