CDC is ordering a ban on some residential evictions till December, 31, 2020

CDC is ordering a ban on some residential evictions till December, 31, 2020

By Lynda Carson - September 2, 2020

The CDC is ordering a halt on evictions throughout the nation through the end of December, 2020, for people who have lost work as a result of the pandemic and do not have other good housing options.

It appears that the order (see document further above) being issued by the Centers for Disease Control and Prevention (CDC), and the Department of Health and Human Services (HHS), goes into effect when the order is published in the Federal Register on 9/4/2020, and will remain in effect until December 31, 2020, in an effort to halt the spread of the coronavirus Covid-19 pandemic.

Reportedly, according to The Hill, “The order, issued by the Centers for Disease Control and Prevention (CDC), would make it illegal to evict any individual who expects to make less than $99,000 or a joint-filing couple that expects to make less than $198,000 in 2020. The tenants would still be required to pay rent owed per the terms of the lease, but will be allowed to stay in their unit through the end of the year.”

In a report on Public Radio, in a statement from Diane Yentel, of the National Low-Income Housing Coalition, she is quoted as saying, "My reaction is a feeling of tremendous relief," says Diane Yentel, CEO of the National Low Income Housing Coalition. "It's a pretty extraordinary and bold and unprecedented measure that the White House is taking that will save lives and prevent tens of millions of people from losing their homes in the middle of a pandemic."

Additionally, according to Diane Yentel (NLIHC), on Twitter she states, “The CDC and HHS are establishing a broad moratorium on evictions for nonpayment of rent through end of the year.


The moratorium applies to all tenants who meet certain eligibility requirements and present a signed declaration to their LLs.

To be eligible, renters must: - have individual income less than $99,000 OR did not have to pay income tax in 2019 OR received a stimulus check; - be unable to pay rent due to income loss or extraordinary out-of-pocket medical expenses - expect they will become homeless or have to double up if evicted. If renters meet these requirements and sign declaration, they are covered. Applies to ALL properties.

A nat’l moratorium on evictions is long overdue and badly needed. As we’ve said for 5 months, the very least the federal government ought to do is assure each of us that we won’t lose our homes in the middle of a global pandemic.

The administration’s action would do just that, and will provide relief from the growing threat of eviction for millions of anxious families.

But while an eviction moratorium is essential, it is a half-measure that extends a financial cliff for renters to fall off when the moratorium expires and back rent is owed. This action delays but does not prevent evictions,” said Yentel.

Additionally, evictions of tenants in residential housing may still be allowed for reasons other than non-payment of rent, and the government says it will impose criminal penalties on landlords who get caught violating the eviction ban.

Presently the eviction crisis across the nation is threatening 30 to 40 million people or more. In California, the so-called Golden State, it leads the nation (#1 in probable evictions in coming months) with 31% — 48% of households at risk of eviction, including 4,149,000 — 5,384,000 people at risk of eviction, or 1,804,000 — 2,345,000 households at risk of eviction in the coming months.

Eviction Ban Order Of The CDC:

According to the eviction ban order of the CDC, “Under this Order, a landlord, owner of a residential property, or other person3 with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order. This Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order. Nor does this order apply to American Samoa, which has reported no cases of COVID-19, until such time as cases are reported.

In accordance with 42 U.S.C. 264(e), this Order does not preclude State, local, territorial, and tribal authorities from imposing additional requirements that provide greater public-health protection and are more restrictive than the requirements in this Order. This Order is a temporary eviction moratorium to prevent the further spread of COVID-19. This Order does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract. Nothing in this Order precludes the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.”

For the full legal order of the CDC’s partial ban on residential evictions, see link below, or the order posted near the top of this story.

https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-19654.pdf

Lynda Carson may be reached at tenantsrule [at] yahoo.com


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