New National Eviction Moratorium Takes Effect, Here's What You Need to Know
The Trump administration released on Tuesday a new national eviction moratorium that protects millions of Americans who can no longer pay their rent due to financial issues.
The new house eviction protection order is broader compared to the previous moratorium under the CARES Act. It took effect on Sept. 1 and will run through the end of the year, provided that tenants qualify for the moratorium.
The moratorium did not come from Congress or the Department of Housing and Urban Development but from the U.S. Centers for Disease Control and Prevention (CDC).
The CDC used the 1944 Public Health Service Act that gives the administration broad quarantine powers.
The moratorium's main purpose is to make sure that people will not be homeless and keep them away from crowded living conditions that could worsen the number of infections in the country.
If many people experience homelessness, the government believes that the number of COVID-19 infections could potentially increase.
The CDC's national eviction moratorium requires tenants to qualify on the criteria that the agency set. Once the tenant qualifies, they can use the moratorium during judicial proceedings if the landlords will file cases towards the tenants for the failure to pay the rent.
The first thing that tenants should do is submit a declaration to their landlords that they lost income due to the pandemic and made efforts to look for resources. It also includes a few other conditions.
Here are some of the things you should know about the CDC's national eviction protection:
What does the new eviction ban do?
The CDC's order halts evictions across the country to help those who cannot make rent or housing payments because they lost their jobs. It does not prohibit late fees or setting terms of payments to the landlord.
The moratorium is only applicable for renters earning less than $99,000 every year or $198,000 for joint filers and couples.
Tenants who are likely to face house eviction should fill-up a government form that will be released days from now. They should also attest to several things: lost income due to the pandemic, is currently unable to pay full rent, has made an effort to pay as much as possible, has sought financial help where available, and would likely end up homeless or otherwise forced to live in crowded quarters if evicted.
Ask your landlord for reduction or extension
Tenants can make an agreement with their landlords. It may be doable if tenants can pay less in the coming months or spread the payments for the next couple of months.
Some landlords can ask their tenants to turn over their $1,200 stimulus payments or any money they received from the charity as a condition for not filing an eviction order.
However, always remember not to agree in any terms or conditions that you will not meet most, especially if your city has enacted arrangements concerning house eviction.
The new moratorium does not change state laws
Your state's eviction law is still in effect because they are broader than the CDC's national moratorium eviction. You can visit the legal service site Nolo to help you find the eviction status in your state.