LIEB BLOG

How current events impact business & real estate

Thursday, August 05, 2021

CDC's Latest Eviction Moratorium - Applies to Counties with Red / Orange COVID on Map

On August 3, 2021, CDC issued its latest eviction moratorium to address the rise of the Delta variant. 


Here is what landlords and tenants need to know about the moratorium:

    1. It only applies to residential housing;
    2. The moratorium only applies where tenant(s) provide a declaration to their landlord(s);
    3. The Declaration is available here;
    4. The Declaration requires a sworn statement that the tenant(s):
        1. Have used best efforts to obtain all available governmental assistance; 
        2. Earned <=$99,000 in Calendar Year 2020 ($198,000 if filing jointly) with other financial options to qualify;
        3. Can't pay full rent because of stated work issues;
        4. Making best efforts to pay as much as possible of rent; 
        5. Would likely be homeless as a result of eviction; &
        6. Resides in substantial / high COVID county.
    5. Evictions are permitted for the following reasons:
        1. Engaging in criminal activity while on the premises;
        2. Threatening the health or safety of other residents;
        3. Damaging or posing an immediate & significant risk of damage to property;
        4. Violating any applicable building code, health ordinance, or similar regulation relating to health & safety; or
        5. Violating any other contractual obligation (other than rent payment). 
    6. Criminal penalties for violating this moratorium include a fine of <=$100,000 or one year in jail or both (<=$200,000 for organizations that violate the order). 

The counties subject to this Order can be found here - remember, the county must be an orange (substantial) or red (high) county for the moratorium to be applicable.




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