Eviction Moratorium Issued by Facilities for Illness Management


Millions of people in the United States are still unemployed because of the devastation caused by COVID-19. While unemployed or on leave, many are concerned about their rent being paid and the prospect of eviction if they cannot afford it. A new order from the Centers for Disease Control (CDC) could provide some relief to tenants who are behind with their rental payments, allowing some to stay in their homes until the end of this year.

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What is the new evictions regulation?

On September 4, 2020, the Director of the Centers for Disease Control (CDC), Dr. Robert Redfield, an order preventing landlords from evicting certain renters between September 4th and December 31st, 2020. The reason the CDC is issuing this unusual order is to: Prevent the possible spread of COVID-19 by displaced renters who might otherwise be forced to move to cramped and overcrowded shelters. This order applies nationwide, but does not apply to all types of evictions.

Can I stop an eviction with the new eviction moratorium?

Technically yes, even if the evacuation is already in the system. Tenants who are evicted due to non-payment of the rent can stop their evictions due to the new orders. Renters should also check with their states to see if there are any orders that can help them stay in their homes. Some states have better protection than the new CDC directive.

The following are situations that are not necessarily protected by the new eviction moratorium:

  • Does not apply to evictions for reasons other than non-payment of rent
  • Does not apply to people staying in a hotel or motel for an extended period of time
  • Does not apply to seasonal rentals or Airbnb rentals

Renters should also be aware that while this order will stop evictions until December 31, 2020, they will still be responsible for any unpaid rents. Nothing in the order prevents the landlord from claiming any unpaid rents due on January 1, 2021.

What do I have to show my landlord to avoid being evicted?

Tenants are asked to fill out a declaration for the temporary eviction freeze and make it available to their landlords. You must sign the declaration and confirm that the following applies:

  • Maximum income for 2020 – You assume you won't make more than $ 99,000 in 2020 ($ 198,000 for a couple filing taxes together). You didn't have to report any income to the IRS in 2019, or you received an economic impact payment (a stimulus check) under the CARES act
  • Attempt state support – You tried to seek government support for rent or housing
  • Insolvency – You cannot make full or partial payments because of a significant loss of household income, loss of hours or wages, being laid off at work, or “out of pocket” medical expenses
  • Efforts in good faith – You make good faith efforts to pay all or part of your rent if you have the resources to do so
  • Consequences of the eviction Eviction would result in homelessness or sharing a residence unsuitable for social distancing requirements

Landlords are not required to verify the above information but can request supporting documents. By signing the statement, you confirm that all of the information in the statement that relates to you is true.

Where do i get this from? Declaration for the temporary standstill during evictions?

If you believe that you meet the requirements necessary to prevent the eviction, you can download the eviction notice from the CDC website. The form must be completed in full and presented to your landlord. Every tenant whose name is on the rental agreement should sign the declaration. You should also keep a copy of the form for your records. There must be a record that was also presented to your landlord.

There is no doubt that these orders will raise as many questions as they answer for both landlords and tenants. Rocket Lawyer recognizes that this is a financially stressful time for everyone and that paying legal bills can be out of reach for many. Whether you need specific documents for personal or business use for issues related to COVID-19, or have a legal question that you want an attorney to answer, you can find many of the legal resources available for free at Rocket Lawyer & # 39; s need COVID-19 Legal Center.

This article contains general legal information and not legal advice. Rocket Lawyer is not a law firm or a substitute for a lawyer or a law firm. The law is complex and changes frequently. For legal advice, please contact a lawyer.


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