Centers for Disease Control and Prevention’s Temporary Halt in Evictions to Prevent Further Spread of Covid-19
Centers for Disease Control and Prevention’s Temporary Halt in Evictions to Prevent Further Spread of Covid-19
On September 1, 2020, The Centers for Disease Control (“CDC”) issued an eviction moratorium order for the entire United States.
This CDC order is in effect beginning September 4, 2020, and lasts through December 31, 2020.
The order applies only to tenants who sign a form promising that the following statements are true:
- Their income is less than $99,000; they did not have to pay income tax in 2019, OR they received a stimulus check. AND
- They are unable to pay rent due to income loss or extraordinary out-of-pocket medical expenses. AND
- They would become homeless or need to double-up if evicted. AND
- They will still make partial rent payments (“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 non-discretionary expenses”).
- These statements are made “under penalty of perjury,” which means if any are untrue, tenants may face up to five (5) years in prison.
- If a state’s moratorium order offers more protections than the CDC moratorium, the state’s moratorium is followed. Florida’s moratorium extends only through the end of September 2020, while the CDC moratorium extends until the end of 2020.
- It applies to evictions for nonpayment of rent only. It does not cover any other types of evictions such as for lease violations, criminal activity, etc.
- Fines and criminal penalties may be imposed on both tenants and landlords if the CDC Order is violated.
- Tenants still owe the rent and may be charged late fees and other penalties for the months covered by the moratorium. The moratorium does NOT excuse the rent; it simply delays the eviction of tenants who do not pay on time.
Because the CDC’s Order goes into effect on Friday, September 4, 2020, housing lawyers throughout Florida are still figuring out the best way to use the Order to protect vulnerable tenants.
The rent is still owed and expected to be paid. Renters are encouraged to talk to a lawyer for help negotiating the amount owed and to apply for CARES Act rental assistance.
