On September 1, 2020 the U.S. Centers for Disease Control issued a nationwide order halting many (but not all) evictions through the end of the year in an effort to reduce the spread of COVID-19. The Order applies to individual (not commercial, apparently) renters who don’t expect to earn more than $99,000.00 in 2020, or $198,000.00 for joint filers. It also applies to renters who either did not report income in 2019 or received a stimulus check this year.
Renters seeking protection under the Order must file sworn declarations warning eviction would leave them homeless or force them into a "shared living setting". They must also attest they have done all they can to get government assistance for rent or housing.
Renters may still be evicted for reasons other than not paying rent or making a housing payment.
The Order provides no relief, for tenants or landlords, in terms of rental assistance payments.
The legal authority for the Order is Section 361 of the Public Health Service Act (42 U.S.C. 264) (which authorizes the C.D.C to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states) and 42 CFR 70.2.
The Order is scheduled to be published in the Federal Register, and go into effect, on September 4, 2020.
This bulletin is intended to be used for informational purposes only. Legal advice is neither implied by the author nor should be inferred by the reader. If you have specific legal questions, you should consult with your attorney.
Jeffrey Sculley is an attorney and counselor at law focusing his practice on representing landlords; providing backroom human resource and employment support to businesses and not-for-profits; representing clients in appealing adverse trial-court and administrative decisions; and representing clients in all types of administrative, regulatory and compliance matters, before governmental agencies and administrative hearing officers and law judges.
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