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