CDC Issues Eviction Moratorium Order in Areas of Substantial and High Transmission

By Megan E. Cain, Tuohy Bailey & Moore LLP

On August 3, 2021, the CDC ordered a temporary halt in residential evictions in communities with substantial or high levels of community transmission of COVID-19. 

According to the CDC, the eviction moratorium order is intended to target specific areas of the country where COVID-19 cases are rapidly increasing, which likely would be exacerbated by mass evictions. Under the order, “a landlord, owner of residential property or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any county or U.S. territory while the county or territory is experiencing substantial or high levels of community transmission of SARS-CoV-2.”

A covered person is defined as any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, a declaration under penalty of perjury indicating that:

1. The individual has used best efforts to obtain all available governmental assistance for rent or housing;
2. The individual either (i) earned no more than $99,000 (or $198,000 if filing jointly) in calendar year 2020 or expects to earn no more than $99,000 in annual income for calendar year 2021 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2020 to the U.S. Internal Revenue Service, or (iii) received a stimulus check; 
3. The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses; 
4. The individual is using best efforts to make timely partial rent payments that are as close to the full rent payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
5. Eviction would likely render the individual homeless—or force the individual to move into and reside in close quarters in a new congregate or shared living setting—because the individual has no other available housing options; and
6. The individual resides in a U.S. county experiencing substantial or high rates of community transmission levels of COVID-19.

This order is set to expire on October 3, 2021. For additional information, go here.

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