Skip to main content

Articles & Insights

rolling hills

CDC Issues Eviction Moratorium through End of Year

September 2, 2020

The Center for Disease Control (“CDC”) issued an order (“CDC Order”) to temporarily halt residential evictions for non-payment of rent. Here is some background information and details about this new moratorium. BackgroundThere was previously a Federal moratorium on evictions for non-payment of rent in the CARES Act for renters who participate in federal housing assistance programs or live in a property with a federally backed mortgage. This had expired and renters could now be evicted for non-payment of rent with 30 day notices rather than 3 day notices. President Trump issued an executive order earlier in August giving the CDC the authority to put a moratorium on evictions to prevent the further spread of Covid-19.CDC Notice 9/1/20The CDC acted yesterday with the CDC Order stating that a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property during the effective period (9/4/20 to 12/31/20). A covered person is any tenant, lessee, or resident who makes the declaration below. To invoke the CDC Order the covered person must provide the declaration to their landlord. Each adult listed on the lease should complete and provide a declaration. The declaration should include that: (1)    The individual has used best efforts to obtain all available government assistance for rent or housing; (2)    The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the IRS, or (iii) received a stimulus check pursuant to section 2201 of the CARES Act.(3)    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 lay-off, or extraordinary out-of-pocket medical expenses. (4)    The individual 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; and (5)    Eviction would likely render the individual homeless-or force the individual to move into and live in close quarters in a new congregate or shared living setting- because the individual has no other available housing options. Note that this is just for non-payment of rent. Tenants could still be evicted for other lease violations or landlord tenant law violations. The unpublished order can be found at:

Attorney Author

Elizabeth L. Souer

Back to All Posts

This website uses cookies for analytics, personalization and advertising. By continuing to browse, you agree to our use of cookies.