Greetings colleagues:

Last Friday (Sept 4, 2020), the Centers for Disease Control and Prevention (CDC) issued a Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19. This order extends important protections to millions of renters at risk of eviction for nonpayment of rent during the global pandemic; to be protected, however, qualified renters facing eviction should provide a signed declaration to their landlords immediately.

Who is Eligible?

To be eligible, renters must meet the following qualifications:

1. The individual has used best efforts to obtain all available government assistance for rent or housing;
2. The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
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 lay-off, or extraordinary out-of-pocket medical expenses;
4. the individual is using best efforts to make timely partial payments that are as close to the full 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 individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.

What Protections are Provided?

This order provides that a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order (Sept 4, 2020-Dec 31, 2020). Unless the CDC order is extended, changed, or ended, the order prevents eligible renters from being evicted or removed from where they are living through Dec 31, 2020, but does not relieve the renter of the responsibility of rent payment (i.e. after the moratorium ends, barring changes to the order, the renter is still responsible for backpayment of rent.). Renters also may still be evicted for reasons other than non-payment of rent.

What Steps do Eligible Renters Need to Take?

To receive the protections provided by the CDC order, eligible renters must send a signed declaration to their landlord that includes the information outlined the Attachment on the last page of the order. Each adult listed on the lease, rental agreement, or housing contract should complete and submit this declaration.

Where Can I Get More Information?

Download the CDC order at https://www.govinfo.gov/content/pkg/FR-2020-09-04/pdf/2020-19654.pdf for more information. Reference the final page for the language a renter's declaration to their landlord must include.

Best regards,

Christina Dukes, Deputy Director of Partnerships and Policy
National Center for Homeless Education (NCHE)