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CDC Moratorium and its impact on eviction

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CDC Moratorium and its impact on eviction

by D. D. of ClearScreening.com

Alarmingly rising corona-virus has brought a significant change in everything. The same applies to the eviction process too. With the unemployment rate higher than the great recession of 2008, nearly 30-40 million Americans are at risk of eviction. To safeguard corona impacted people and to alleviate the impact of the virus, the Centre for Disease Control (CDC) has ordered a moratorium on the eviction.

What is CDC Moratorium?'

  • CDC has halted the process of eviction of a covered person due to the non-payment of rent. It is enforced from 4th Sept 2020 and valid till 31st Dec 2020. In case of non-compliance with this rule, the landlord or property owner will be fined $100,000 fine or a year in jail, or bothFine will increase to $250,000 or one year in jail or both  if the violation results in death.

However, you still owe the rent to the property owner. It only halts the eviction process temporarily. After 31st Dec, the covered person still owes the unpaid amount of rent and penalty or interest due to the non-payment of rent.  

Who is ‘covered person’?

Following are the person covered under it:

  1. The person has obtained government assistance for rent or housing.
  2. The individual with annual income less than or equal to $99,000 (or less than equal to $198,000 in case of the joint tax return).
  3. The individual who is unable to pay full rent or housing payment due to loss of job or income or working hours.
  4. The individual who is making partial payments close to the rent.
  5. Eviction leading to individual homeless or forcing the individual to live in close quarters with shared living.

FAQ for the landlords

1. What about existing eviction sanctioned before the date?

Let us consider a scenario where eviction is filled on 31st Aug 2020 but is not completed till 4th Sept 2020. Such eviction would be stopped with immediate effect. Housing authorities would consider the CDC moratorium in such a case.

2. Who still needs to vacate the place?

You can still send an eviction notice for the following reasons:

  1. Being involved in criminal activities while living.
  2. Threatening the health and safety of nearby living people.
  3. Inflicting damage or are at risk of damaging the property.
  4. Disobeying the building or health rules and regulations.
  5. Breaching any obligation mentioned in legal documents such as lease or rent agreement.   

In any of the above cases, landlords can start the eviction process.

3. Is eviction for non-payment of rent still possible?

Yes, you can file for eviction if tenants are not in the covered person. In such a case, the housing provider must provide an affidavit stating that the tenant has not provided any declaration of them being covered in the CDC eviction moratorium.

4. What if, tenant misuses CDC?

If any landlord believes that the tenant does not qualify to be covered under the moratorium, the landlord can challenge the truthfulness of the tenant’s declaration in any municipal or state court. The tenant has the right to protection till the court decides on the issue.

Still, have any question in your mind? Please leave it in the comment.

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