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Eviction Memorandum – Eviction Moratorium Extension 2021
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Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus
Information on eviction moratoriums and tenant protections being enacted due to outbreak of COVID-19.
The federal government, as well as many any states, cities, and counties are taking steps to minimize the impact of the novel coronavirus crisis on tenants, including placing moratoriums on evictions, holds on shutting off utilities due to nonpayment, and prohibiting late rent fees.
Federal Eviction Protection
On September 1, 2020 the Centers for Disease Control and Prevention (CDC) issued an Agency Order titled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (Order). The Order went into effect on September 4, 2020, and was extended on December 27, 2021. (See Section 502 of the Consolidated Appropriations Act, 2021.). The CDC's latest order extends the residential eviction ban until at least March 31, 2021.
The Order prohibits residential landlords nationwide from evicting certain tenants through March 31, 2021. The Order protects tenants who: have used their best efforts to obtain government assistance for housing
are unable to pay their full rent due to a substantial loss of income
are making their best efforts to make timely partial payments of rent, and
would become homeless or have to move into a shared living setting if they were to be evicted.
In addition to the above requirements, one of the following financial criteria must apply. To qualify for protection, tenants must: expect to earn no more than $99,000 (individuals) or $198,000 (filing joint tax return) in 2020
not have been required to report any income to the IRS in 2019, or
have received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.
CDC Director Rochelle P. Walensky, MD, MPH, on Extending the Eviction Moratorium
As a protective public health measure, I will extend the current order temporarily halting residential evictions until at least March 31, 2021. The COVID-19 pandemic has presented a historic threat to our nation’s health. It has also triggered a housing affordability crisis that disproportionately affects some communities.
Despite extensive mitigation efforts, COVID-19 continues to spread in America at a concerning pace. We must act to get cases down and keep people in their homes and out of congregate settings — like shelters — where COVID-19 can take an even stronger foothold.
Tenants must complete a declaration under penalty of perjury that they meet the criteria listed in the Order.
Anyone who violates the Order may be subject to criminal penalties including fines and jail time.
Even with the Order in place, states can still ban evictions and enact other tenant protections that provide more protection than the Order. This means that tenants who do not meet the criteria for protection under the federal ban might still be protected from eviction under any applicable state or local orders (see State Eviction Protection below). Visit FAQs About the CDC Eviction Ban for more details and answers to frequently asked questions.
Note that each state's courts are handling the CDC eviction ban differently. See the chart below for any information your state has issued regarding the CDC eviction ban.
Other Federal Tenant Protections
The FHA has extended its ban on evictions from properties secured by FHA-insured single family mortgages through March 31, 2021.
Additionally, the government-backed mortgage buyers Freddie Mac and Fannie Mae have prohibited landlords of single-family properties with Freddie Mac- and Fannie Mae-backed mortgages from evicting tenants until at least March 31, 2021. Also, certain owners of multifamily properties backed by Freddie Mac and Fannie Mae can extend their loan forbearance, and, if they do so, cannot evict tenants during the term of the forbearance. To find out if your rental is covered by the Fannie Mae or Freddie Mac eviction bans, visit Fannie Mae and Freddie Mac and enter your address. You can also use the National Low Income Housing's federal eviction moratorium lookup tool to see if your address is covered by one of the federal eviction bans.
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