CDC Eviction Ban - August 3, 2021 to October 31, 2021 - Blocked by Court on 8.26.21

On August 3, 2021, the CDC issued a new Eviction Moratorium Order, in effect until October 31, 2021, banning evictions for "covered persons." 

On August 26, 2021, the U.S. Supreme Court blocked the enforcement of the CDC Order: https://www.nbcnews.com/politics/supreme-court/supreme-court-blocks-biden-administration-s-eviction-moratorium-n1277765.

To read the Supreme Court's decision, please click here: https://www.cnn.com/2021/08/26/politics/supreme-court-ruling-biden-eviction/index.html

 

If you are behind on rent, please reach out to the following organizations to get rental assistance as soon as possible to preserve your housing:

 

A person that meets all six (6) of the criteria below would be a "covered person" under the Order.

A "covered person" under the CDC Order is: "any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action, 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; AND,

(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); or,

(ii) was not required to report any income in 2020 to the U.S. Internal Revenue Service; or, 

(iii) received an Economic Impact Payment (stimulus check);

AND,

(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 layoff, or extraordinary out-of-pocket medical expenses; AND,

(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; AND,

(5) Eviction would likely render the individual homeless - or force the indivdual 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 SARS-CoV-2 as defined by the CDC.

To find out if your county is currently experiencing substantial or high rates of community transmission levels, please go to the CDC's Covid Data Tracker here to look up your county: CDC Covid Data Tracker

You can also use A2J's automatic-filling declaration tool here: https://www.covid19evictionforms.com/protection-check. It is updated daily with the latest CDC COVID-19 infection rate data and tracks when a county loses eligibility after the 14 days of low COVID-19 rates. 

 

Multiple Extensions of CDC Order

The Centers for Disease Control and Prevention (CDC) have issued a federal eviction moratorium (ban) starting September 4, 2020 and lasting until December 31, 2020 to help stop the spread of coronavirus in the United States. An extension on this moratorium (ban) has been made until January 31, 2021. For more information on the extension, please visit: https://nlihc.org/coronavirus-and-housing-homelessness/national-eviction-moratorium. A second extension on this moratorium (ban) has been made until March 31, 2021. For more information on this extension, please visit: https://www.cdc.gov/media/releases/2021/s0121-eviction-moratorium.html. A third extension on this moratorium (ban) was made until June 30, 2021. For more information on this extension, please visit the CDC's website here: https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html. On June 24, 2021, the CDC extended the eviction moratorium (ban) Order until July 31, 2021. For more information, please see the announcement here: https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html

 

If I Qualify for Help under the CDC's Eviction Moratorium, What Can I Do to Protect My Rights?

If you qualify for help under the CDC's Eviction Ban and you are a tenant facing eviction during this federal eviction ban and a case has not yet been filed against you, you should fill out the CDC Tenant Declaration here: CDC Declaration to Landlord - English and provide a copy to your landlord immediately. You must provide a copy to your landlord before a case is started against you in court.

You may find a Spanish translation here: CDC Declaration to Landlord - Spanish / Espanol

If you qualify for help under the CDC's Eviction Ban and you are a tenant facing eviction during this federal eviction ban and there is an eviction case pending against you, you should file a copy of your CDC Declaration to Landlord that you provided to your landlord with your Answer/Response to the eviction case. You will file it with your local courthouse as an attachment or exhibit to your Answer/Response to show that you qualify for help under this eviction ban. 

 

What if My Landlord Ignores My Declaration?

With this extension of the eviction moratorium (ban), the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission have vowed to crack down on property owners who violate the CDC Order. On the new CDC declaration form, landlords are threatened with fines and imprisonment if they do not comply with the Order.

If your landlord ignores the ban after you’ve provided your CDC Declaration, file a complaint with the CFPB. 

 

Read the CDC Order

To read the text of the CDC's Order, please view the attached order below or click here: CDC Order - 8.3.2021.

 

Table of Contents