CDC Moratorium and its impact on eviction

What is the CDC Eviction Moratorium?

The CDC Eviction Moratorium is an order that temporarily halted the eviction of certain tenants for non-payment of rent. Effective from September 4, 2020, to December 31, 2020, this moratorium aimed to prevent the spread of COVID-19 by ensuring that individuals affected by the pandemic were not forced into homelessness or crowded living situations. Non-compliance with this order carried severe penalties for landlords, including fines of up to $100,000 or a year in jail. If the violation led to the tenant’s death, the penalty could increase to $250,000 or imprisonment for one year or both.

According to Sarah Johnson, a housing policy expert with over 15 years of experience in tenant advocacy, “The CDC Eviction Moratorium was a critical public health intervention during the pandemic, ensuring that vulnerable populations had stable housing when they needed it most.” You can learn more about Sarah’s expertise here.

It is important to note that the CDC Moratorium did not cancel rent payments. Tenants were still responsible for paying their rent, and any unpaid amounts accumulated during the moratorium were due after its expiration, including any penalties or interest for late payments.

Who Is Considered a ‘Covered Person’?

To qualify for protection under the CDC moratorium, tenants had to meet specific criteria:

• The individual had obtained government assistance for rent or housing.

• The individual’s annual income was less than or equal to $99,000 (or $198,000 for joint tax returns).

• The individual was unable to pay the full rent due to a loss of income, reduced work hours, or a layoff.

• The individual was making partial rent payments that were as close to the full amount as possible.

• Eviction would lead to the individual becoming homeless or forcing them into shared living arrangements.

FAQs for Landlords

1. What Happens to Existing Evictions Filed Before September 4, 2020?

If an eviction was filed before September 4, 2020, but had not been completed by that date, it would be halted under the CDC moratorium. Housing authorities were required to comply with the moratorium and suspend any ongoing eviction proceedings for qualifying tenants.

2. Who Could Still Be Evicted Under the Moratorium?

The CDC moratorium did not protect all tenants from eviction. Landlords could still proceed with evictions for the following reasons:

• Criminal activity on the premises.

• Actions that threatened the health and safety of other residents.

• Inflicting damage or posing a risk of significant damage to the property.

• Violating building or health codes.

• Breaching obligations specified in the lease or rental agreement (other than non-payment of rent).

In these cases, landlords were legally permitted to initiate the eviction process.

3. Can Eviction for Non-Payment of Rent Still Occur?

Yes, landlords could still file for eviction if the tenant did not qualify as a ‘covered person’ under the CDC moratorium. In such cases, landlords needed to provide an affidavit stating that the tenant had not submitted any declaration of being covered by the moratorium.

4. What If a Tenant Misuses the CDC Moratorium?

If a landlord believed that a tenant was falsely claiming protection under the moratorium, they had the right to challenge the tenant’s declaration in municipal or state court. Until the court resolved the dispute, the tenant was protected from eviction.

What Should Landlords and Tenants Keep in Mind?

Both landlords and tenants should remain informed about their rights and obligations under federal, state, and local regulations. While the CDC moratorium was a temporary measure to protect public health, it highlighted the importance of open communication between landlords and tenants regarding financial difficulties and rental obligations.

Landlords should continue to work with tenants facing financial challenges, exploring options such as payment plans or connecting them with local assistance programs. Tenants, on the other hand, should be proactive in seeking help and communicating their situation to their landlords.

Recent Data on the Eviction Crisis

Recent data from the National Low Income Housing Coalition (NLIHC) indicates that during the height of the pandemic, approximately 14 million renter households were at risk of eviction due to job losses and financial instability. This highlights the scale of the crisis and underscores the importance of federal interventions like the CDC moratorium.

Conclusion

The CDC eviction moratorium was an important measure aimed at preventing the spread of COVID-19 and protecting vulnerable tenants during a time of unprecedented economic hardship. It temporarily halted evictions for non-payment of rent, offering relief to millions of Americans. However, it also placed significant responsibilities on landlords and did not erase rent obligations—tenants were still required to pay all outstanding amounts after the moratorium ended.

As we move beyond the pandemic, the lessons learned from this period underscore the need for comprehensive housing policies that protect both tenants and landlords during times of crisis. Ensuring stability for renters and fair practices for landlords will be essential in navigating future challenges.

If you have questions or need further information, please leave a comment below. We are here to help.

Key Takeaways

• The CDC eviction moratorium temporarily halted evictions for non-payment of rent from September 4, 2020, to December 31, 2020.

• Tenants were still responsible for paying any accumulated rent after the moratorium expired.

• The moratorium protected tenants impacted by COVID-19 but allowed evictions for reasons such as criminal activity or property damage.

• Landlords and tenants should work together to navigate financial difficulties and explore assistance programs.

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