CDC Issues Nationwide Eviction Ban - Currently in Litigation
On Wednesday, May 5, 2021, the CDC eviction moratorium Order was challenged in court and was vacated (withdrawn). However, the same day, the court issued a stay, which prohibits enforcing that ruling at this time. Therefore, the CDC eviction moratorium Order is still in place for the timebeing. We will post updates to our website as they become available.
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:
Idaho Housing and Finance Association rental assistance: https://www.idahohousing.com/hpp/
Jesse Tree rental assistance (for residents of Ada and Canyon counties): https://www.jessetreeidaho.org/apply
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) has been 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.
Do I Qualify for Help Under the CDC's Eviction Moratorium?
To see if you qualify for help under the CDC's Eviction Moratorium (Ban), please use the Eviction Moratorium Tool here: https://apps.suffolklitlab.org/start/cdc_moratorium. Disclaimer: Please note that while this tool was created by a legal organization in Massachusetts, the federal requirements for qualifying for help under the CDC Order are the same in every state and this tool will allow you to see if you qualify for help. However, any other information found on this website may be designed specifically for Massachusetts law and should not be used in the State of Idaho.
You may also view our video overview on the CDC's Eviction Moratorium for more information: https://youtu.be/Vlm2wYscSCs.
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 (September 4 through June 30, 2021) 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. You may find translations of this declaration in several other languages here: CDC Declaration to Landlord in Other Languages.
If you qualify for help under the CDC's Eviction Ban and you are a tenant facing eviction during this federal eviction ban (September 4 through June 30, 2021) 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. 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 and an Analysis of the CDC Order
To read the text of the CDC's Order, please view the attached order below.
To read an analysis of this order, please see National Housing Law Project's Detailed Legal Analysis here: https://www.nhlp.org/campaign/protecting-renter-and-homeowner-rights-dur...