The CDC’s No-Eviction Order: What You Need To Know
On September 1, 2020 the Centers for Disease Control (CDC) issued an unpublished Order to temporarily halt evictions to stop the spread of COVID-19. This prevents landlords from evicting their tenants under Section 361 of the Public Health Service Act, and is effective until December 31, 2020.
With over 5.5 million cases in the US alone, the novel coronavirus, or COVID-19, is unlike any disease our modern world has seen. This air-borne virus is highly contagious, deadly, and completely unprecedented. Americans struggled for months just to get by with many businesses closing or completely shutting down. Despite struggling to come up with rent, citizens now won’t have to fear homelessness or evictions for the rest of 2020.
This order helps prevent homelessness caused by evictions. The CDC recognizes that homelessness further increases the chances of spreading COVID-19, along with other air-borne illnesses. With a no-eviction order such as this, more state-mandated stay-at-home and quarantine regulations can come back into effect. By the CDC’s recommendations, this will help prevent the spread of COVID-19 and flatten the curve.
Also Read: What Are Tenant Rights?
Who Does This Affect?
This Order applies to any corporation, company, business, society, or individual who may face eviction within the preceding months. For the readability purposes, all these entities will be referred to as persons or tenants.
This Order does not relieve any person from paying rent, or facing fines due to the failure to pay. All applicable tenants must continue to follow all tenancy or leasing contracts. If you’re unable to pay rent, you will not face eviction as long as your tenancy agreement lasts through December 31, 2020. Check your leasing agreement to understand what penalties tenants face for failure to pay rent.
Also Read: What To Do If You Can’t Pay Rent
Landlords, property owners, or anyone with jurisdiction over a rented property cannot pursue an eviction until December 31, 2020. Evictions can potentially lead to homelessness. During this unprecedented time, homelessness isn’t just a housing issue, but a public health and safety one that further increases the spread of COVID-19.
This Order does not apply to any local, state, territorial, or tribal districts with non-evict orders already in place. This Order also does not apply to the American Samoa since there are no cases of COVID-19 in this jurisdiction.
What Do Tenants Need To Do
Tenants must provide a copy of The Order’s Declaration form to their landlords or property managers. Every adult listed on the housing agreement must complete and provide this Declaration. Tenants must still pay rent and follow all other terms and agreements.
You can download a copy of the Order’s Declaration here.
Who’s Eligible To Under This Order?
To be eligible for the CDC’s temporary protection order, tenants must have:
- Made less than $99,000 in 2019 as an individual
- Made less than $198,000 in 2019 as a couple
- Received a stimulus check
- Or, were not required to pay income taxes in 2019
In the Declaration, tenants must clearly state that an eviction would render them homeless, or in an unliveable situation. Tenants must also promise their landlords to make rent payments to the best of their ability. At this time, there is no other documentation or proof that tenants need in order to file.
If your landlord persists in their pursuit to evict any individual even after turning in their Declaration, call a tenant lawyer. To speak with a tenant lawyer who’s familiar with your state’s tenancy laws, call My Case Helper to speak to a lawyer near you.