The CDC’s New Eviction Moratorium – What You Need to Know

On August 3rd, the Centers for Disease Control and Prevention (CDC) announced a new nationwide moratorium on certain evictions, targeted to communities with high levels of COVID-19 transmission driven by the more contagious Delta variant. This new moratorium was issued after the original moratorium, passed in September 2020 and extended several times, was allowed to expire on July 31st. The new moratorium should remain in effect until October 3rd, 2021, though it will likely be challenged in court.

The order applies to areas with “substantial” and “high” risk of COVID transmission, which currently includes all 64 parishes in Louisiana. The communities where the order applies may change as rates of community transmission change. You can look up current transmission risk levels here.

The CDC’s order is a response to the housing crisis caused by income loss due to COVID-19. According to the order, landlords cannot evict tenants because of their inability to pay rent.

Who is protected under the CDC moratorium?

The eviction moratorium applies to rental housing across the United States, regardless of whether the housing is publicly or privately owned. It does not apply to hotels or motels.

To be “covered” by the new moratorium, you must meet the following 6 qualifications:

1. You made less than $99,000 (or $198,000 if you are married and filing a joint tax return) in Calendar Year 2020 or expect to make less than $99,000 in Calendar Year 2021 (or $198,000 if you are married and filing a joint tax return), you did not have to pay income tax in 2020, OR you received a federal stimulus check;

2. You live in a parish (or county) experiencing substantial or high rates of community transmission of COVID-19;

3. You cannot pay rent because of lost income or because of high out-of-pocket medical costs;

4. You have used your best efforts to obtain government rental assistance;

5. You would become homeless or need to move in with a friend or family member if you were evicted;

6. You will continue to pay as much rent as you can, given your circumstances.

What actions do I have to take to be protected?

If you meet the conditions above, you must sign and send a declaration to your landlord. PLEASE NOTE: There is an updated declaration available now that the moratorium has been extended again. Even if you have already provided a signed declaration form to your landlord, it’s not a bad idea to complete and send this new form as well. Always make sure that you have proof that you sent the declaration:

  • Take a photo of the declaration, send it as a text message, and then screenshot the text message
  • Take a photo or scan the declaration and send it via email, then print the email before going to court
  • Make a copy for yourself and send the declaration via certified mail
  • Make a copy for yourself and when you give your landlord the original, have them sign the copy to indicate they have received it

This declaration includes a section on the first page where you can certify how you sent the declaration and the date that you sent it.

If I already sent an eviction moratorium declaration to my landlord, do I have to submit a new one under the new extension? 

We recommend that you complete and send the updated declaration form.

When do I send the declaration?

You can send the declaration at any stage of the eviction process, but it is best if you send it as soon as you know you will be behind on rent. A declaration may not deter your landlord from sending you a notice to vacate or filing for eviction with the court, but the CDC states that they risk fines and jail time for any action they take that might remove you from your home. If you send the declaration and your landlord moves forward with any of these actions, call the Southeast Louisiana Legal Services COVID-19 legal aid helpline to find free legal assistance in your area at 1-844-244-7871 or contact us at 1-877-445-2100.

Does this mean rent is cancelled until October?

No. You are still responsible for the entirety of the rent you owe and your landlord can try to collect this rent starting on October 4, 2021. You are also responsible for paying as much rent as you can, even if you cannot pay the full amount. Landlords may still charge late fees or other penalties, but they cannot enforce those fees until October 4, 2021.

**NOTE: If you are looking for rental assistance, click here for a list of rental assistance programs that may be available in your area. Please contact programs directly for more information about the availability of their funds, their eligibility requirements, and application process. 

Can I be evicted for something other than non-payment of rent?

Yes, the CDC order says you can still be evicted for:

  • Engaging in criminal activity on the property;
  • Threatening the health or safety of other residents (having COVID-19 and taking reasonable precautions to protect others cannot be considered a health or safety risk);
  • Damaging or posing an immediate and significant risk of damage to property;
  • Violating any building code, health ordinance, or similar regulation relating to health and safety; or
  • Violating any other lease requirement other than payment of rent.

The order does not say you can be evicted because your lease has ended and the owner chooses not to renew it, however, many judges have allowed evictions to proceed in these cases. If you are evicted for lease non-renewal it will be important to have an attorney familiar with the CDC order represent you in court. Call the SLLS COVID-19 helpline at 1-844-244-7871 or contact us at 1-877-445-2100.

What happens if my landlord evicts me anyway?

Remember, an eviction is only legal if it goes to court and is ordered by a judge. If your landlord changes the locks, puts your stuff out on the curb, or kicks you out without a judge’s order it is an illegal eviction. Under the CDC moratorium, landlords can also face criminal penalties if they try to evict you for non-payment of rent. If your landlord sends you a notice to vacate or any other communication threatening eviction or if your landlord tries to illegally evict you, contact the SLLS COVID-19 helpline at 1-844-244-7871 or contact us at 1-877-445-2100.

Read the CDC’s statement in its entirety here.

**The information in this blog post is for informational purposes only and not intended to be legal advice. You should contact an attorney to obtain advice with respect to any particular issue or concern.**

Posted by Malcolm Phillipson 08/05/2021and categorized as Blog, News, Uncategorized