The CDC has extended the Moratorium on evictions for non-payment of rent. The new deadline is March 31, 2021.
To invoke the CDC’s Order, all residents named on the lease must provide an executed copy of the Declaration Form (or a similar declaration under penalty of perjury). The Declaration Form requires the resident to agree that he/she:
A) Has used best efforts to obtain all available government assistance for rent or housing;
B) Either expect to earn no more than $99,000 in annual income for Calendar Year 2020-2021 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2020 to the U.S. Internal Revenue Service or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
C) Is unable to pay full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
D) Is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
E) If evicted, would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because he/she has no other available housing options;
F) Understands that he/she must still pay rent or make a housing payment, and comply with other obligations under my tenancy, lease agreement, or similar contract. He/she further understands that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected;
G) Understands that at the end of this temporary halt on evictions on March 31, 2021, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make him/her subject to eviction pursuant to state and local laws.
A copy of an updated CDC Declaration form is available on our COVID-19 Resource page at https://www.rbdnow.com/resources/covid-19.
Nothing in this Order precludes evictions based on a tenant, lessee, or resident:
On February 2, 2021, the CDC posted a new document providing answers to Frequently Asked Questions. We have added the CDC Eviction Moratorium FAQ's to our COVID-19 Resource Page.
We have updated our sample notices which are also available (at no charge) on our COVID-19 Resources page at https://www.rbdnow.com/resources/covid-19.
This is a sample notice to Termination of Tenancy for nonpayment of rent that advises residents that they may invoke the CDC Moratorium on Eviction for Nonpayment of Rent.
This is a sample notice of denial to be used when a resident attempts to invoke the CDC Moratorium but the resident does not appear to qualify based on CDC requirements.
This is a sample notice of approval to be used when a resident attempts to invoke the CDC Moratorium and the resident appears to qualify based on CDC requirements. This sample explains that residents should meet with the owner/agent to discuss repayment options. This notice also advises residents that they must notify the owner/agent if income is fully or partially restored.
Please keep in mind that the CDC Order is in place to circumvent the further spread of COVID-19.
Owner/agents should check out the CDC web site. The CDC makes available many posters that you may find helpful.