CDC Order Extended Through June 30
Today, March 29, the Centers for Disease Control (CDC) extended its federal eviction moratorium order through June 30, 2021. A White House fact sheet regarding this extension, is AVAILABLE HERE. The core elements of the original moratorium remain in effect, which include:
- Application to virtually all rental housing providers and prohibits action to remove covered renters from their housing during the moratorium period, so long as the renter provides the required documentation to their housing provider.
- Does not prevent evictions based on the lawful reasons articulated in the order, other than nonpayment of rent.
- Specifies that outstanding balances become due when the moratorium ends, and housing providers may charge late fees or other penalties for nonpayment of rent.
- Protects renters who provide a declaration under penalty of perjury to their housing provider (an example form is contained in the order).
The recent extension does include some modifications, which include:
- covered person may not be evicted on the sole basis that they are alleged to have committed the crime of trespass (or similar state-law offense);
- individuals who have, who might have been exposed to, or who might have COVID-19 should not be evicted on the grounds that they pose a health or safety threat to other residents; and
- covered persons may use any written document in place of the official CDC declaration form if it includes the required information in the form; covered persons may also use translated versions of the form.
As you know, we are strongly opposed to eviction moratoriums and their continued extensions or expansions, and we continue to push back against this dangerous and damaging government overreach. We will keep you abreast of new developments as all options remain on the table.
While NAA continues to challenge the CDC order in courts across the country, the White House fact sheet states the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) "will monitor and investigate eviction practices to ensure that companies are complying with the law." Learn more about the roles of the CFPB and FTC in their JOINT PRESS STATEMENT.
Please be on the lookout for additional NAA guidance regarding this new order.