CDC extends the federal eviction moratorium through October 3, 2021

Following the recent surge in cases brought forth by the highly transmissible Delta variant, the Centers for Disease Control and Prevention ("CDC") has issued a new Order temporarily halting evictions for persons in counties experiencing substantial or high rates of transmission. The Order will expire on October 3, 2021, but is subject to further extension, modification, or rescission based on public health circumstances.

To qualify for its protections, a tenant, lessee, or resident of a residential property must provide a completed and signed copy of a declaration with the elements listed in the Order’s definition of “Covered person” to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they lived.

"Covered person" means 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;

(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), (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);

(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 rent payments that are close to the full rent payment as the individual's circumstances may permit, taking into account other nondiscretionary expenses;

(5) Eviction would likely render the individual homeless-- or force the individual 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 CDC.

The CDC created a standardized declaration form to assist tenants and landlords. The Order does not prevent a landlord from challenging the truthfulness of a tenant's declaration in court, as permitted under state or local law.