| Breaking-CDC Issues New Eviction Moratorium
We wanted to get this news out to you timely. I am totally speechless and not clear what happens next. The CDC is controlled by the Executive Branch of the Federal Government and they are clearly defying the US Supreme Court and their recent rulings that the CDC does not have this power.
Here is the news release from our association the National Association of Residential Property Managers issued at 8PM eastern tonight.
Late today, the Centers for Disease Control (CDC) issued a new eviction moratorium. The new moratorium covers any county in the United States not covered under a moratorium with the same or greater protection as the CDC moratorium and that is defined as having high or substantial levels of community transmission. The moratorium is effective immediately and runs through October 3, 2021.
To be covered under the moratorium, a tenant must meet the following criteria:
- The individual has used best efforts to obtain all available governmental assistance for rent or housing;
- 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),5 (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).
- 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 layoff, or extraordinary out-of-pocket medical expenses;
- The individual is using best efforts to make timely partial rent payments that are as close to the full rent payment as the individual's circumstances may permit, taking into account other nondiscretionary expenses;
- 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
- 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.
Persons eligible to be covered under this new moratorium who have already provided their landlord with a declaration under the previous order are still covered. They do not need to file another declaration. Tenants who have not previously filed a declaration would need to do so. The order does provide that, “This Order does not preclude a landlord challenging the truthfulness of a tenant’s, lessee’s, or resident’s declaration in court, as permitted under state or local law.”
I would estimate, based on recent news reports, that Marion County and Central Indiana, are incurring substantial or high rates of community transmission levels.
As there are more developments on this issue, we will share them with you.
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