On August 3, 2021, the U.S. Centers for Disease Control and Prevention (CDC) issued a new order temporarily halting evictions in counties with heightened levels of community transmission in order to respond to recent, unexpected developments in the trajectory of the COVID-19 pandemic, including the rise of the Delta variant. This Order will expire on October 3, 2021, but is subject to further extension, modification, or rescission based on public health circumstances.
The extension of the moratorium on eviction (for unpaid rent and fees) is intended to target specific areas of the country where cases are rapidly increasing.
Subject to the limitations under “Applicability,” an owner/agent shall not evict (for unpaid rent or other fees) any covered person from any residential property in any county or U.S. territory while the county or territory is experiencing substantial or high levels of community transmission of SARS-CoV-2.
This Order applies in U.S. counties experiencing substantial and high levels of community transmission levels of SARS-CoV-2 as defined by CDC, as of August 3, 2021. The CDC does provide information on their website at https://covid.cdc.gov/covid-data-tracker/#county-view.
If a U.S. county that is not covered by this Order as of August 3, 2021 later experiences substantial or high levels of community transmission while this Order is in effect, then that county will become subject to this Order as of the date the county begins experiencing substantial or high levels of community transmission.
If a U.S. county that is covered by this Order no longer experiences substantial or high levels of community transmission for 14 consecutive days, then this Order will no longer apply in that county, unless and until the county again experiences substantial or high levels of community transmission while this Order is in effect.
Please also keep in mind that some states have extended the moratorium on evictions for non-payment of rent. You can find information about individual state protections on the CDC website at https://www.nolo.com/evictions-ban.
If you have residents whose rent payments are in arrears, we encourage you to contact local resources and work with residents who are eligible for Emergency Rental Assistance. Based on guidance provided by HUD in the latest COVID-19 Q&A for Multifamily Housing released at the end of July, you can accept direct payment from these resources.
However, to do so, owner/agents must contact the organization in charge of distributing these funds.
Please review all of the new HUD guidance pertaining to Emergency Rental Assistance starting on page 57.
Check out the Consumer Financial Protection Bureau for information about providers in your area.
We will be providing updated Notices and other resources on our COVID-19 Resource Page later this week. We will continue to keep you advised as we update our site.
