Are you a landlord filing a Complaint in Summary Ejectment between March 27, 2020, and June 30, 2021?
CDC Moratorium (eff. 9/4/20)
Beginning on September 4, 2020, landlords are not permitted to move forward with evictions of “covered persons” due to nonpayment or late payment of rent, similar housing-related payments, late fees, penalties, or interest until after June 30, 2021. This moratorium is in place pursuant to an Order by the CDC published in the Federal Register on September 4, 2020 and extended in this Order dated March 29, 2021.
When you file an eviction lawsuit, you must give your tenant a blank CDC Declaration, such as this one created by the CDC (Spanish language translation available here). You must also prepare and file this AOC form, on which you certify under penalty of perjury that you provided a blank CDC Declaration form to your tenant. Read over this “Affidavit as to CDC Declaration” AOC Form. Fill it out completely and truthfully. Date and sign the form at the bottom of the page. You then must file this AOC form with the court.
If your tenant has notified you that he or she is a “covered person” by submitting a declaration or affidavit to that effect, then you may not evict that person due to the nonpayment or late payment of rent or other similar housing-related payments until after June 30, 2021. If you get a declaration or affidavit by your tenant after you have started a lawsuit, you must immediately notify the court and file a copy of the declaration within five days of receiving it.
Landlords who take any action to evict or remove a “covered person” (tenant who has submitted a declaration) from a residential rental unit may be subject to criminal penalties, including but not limited to a fine or a jail sentence. Evictions for issues other than nonpayment may proceed, except covered persons may not be evicted solely because they are alleged to have committed the crime of trespass, where the underlying alleged criminal activity is remaining in their rental unit without paying rent.
The eviction moratorium has no effect on landlords’ contractual right to rent, and landlords are not precluded from charging or collecting rent or fees, penalties, or interest as a result of failure to pay rent, as permitted by the terms of the lease. Also, the CDC Order does not change any other contractual obligations by either the landlord or tenant under the terms of the lease.
Are you a tenant facing eviction between September 4, 2020, and June 30, 2021?
If you are facing eviction due to nonpayment or late payment of rent, late fees, penalties, or interest, then you might be eligible for an eviction moratorium, depending on your situation. A "moratorium" means a temporary halt to evictions. The CDC issued an order on September 4 declaring a moratorium on certain evictions when a tenant notifies their landlord that they are covered by the moratorium using this Declaration (Spanish language translation available here). The new CDC Order has extended the moratorium on certain evictions to June 30, 2021.
This eviction moratorium applies to you if all of the following are true:
- You have used your best efforts to get all government housing and rental payments that are available;
- You earned no more than $99,000 during 2020 (or not more than $198,000 if you are filing a joint tax return), OR you were not required to report any income in 2019 to the federal IRS, OR you received a CARES Act stimulus check;
- You were unable to pay full rent due to substantial loss of household income, loss of hours at work, lay-off, or extraordinary out-of-pocket medical expenses;
- You are using your best efforts to make timely partial payments as close to the full amount due, as much as your personal circumstances allow, taking into consideration your other nondiscretionary expenses; AND
- If you are evicted, you would likely become homeless, need to move into a homeless shelter, or need to move into a residence shared with other people who live in close quarters because I have no other available housing options.
If all of these points are true, then you still are not protected UNLESS you give your landlord a signed “Declaration” (sworn statement). You can use the Declaration created by the CDC (Spanish language translation available here). Print and sign this declaration, then give one copy to your landlord and keep a copy for yourself. Make a note for yourself of the date you gave it to your landlord.
If you have already submitted a declaration to your landlord, you do not need to submit a new declaration to be covered.
If you sign and give this Declaration to your landlord but these statements are not true or contain any false or misleading statements or omissions, then you may face civil and criminal penalties including but not limited to fines and imprisonment.
If you already have a court date for an eviction hearing, you should give the Declaration to your landlord and also bring it with you to court. If you do not go to court, the Magistrate or Judge may not know that the eviction moratorium applies to you and you may be evicted.
NOTE: Your rent and other late fees, penalties, or interest are still due even while this temporary halt to evictions is in place. You must also follow all other terms of your lease. Your landlord may require payment in full of rent and all other late fees, penalties, and interest, subject to the terms of your lease, at the end of this temporary halt to evictions on June 30, 2021.