On March 29, 2021 the federal Centers for Disease Control and Prevention (CDC) issued an order that extends through June 30, 2021 the moratorium on evictions for nonpayment of rent. The moratorium previously was scheduled to expire on March 31, 2021.
The new CDC order continues to allow evictions for reasons other than nonpayment of rent, including criminal activity on the leased premises, lease violations and lease expirations.
The order includes the following minor modifications to the prior moratoria:
- A tenant-signed declaration under a previous order remains valid. No new declaration is required.
- A tenant may not be evicted for the criminal offense of trespass when the trespass charge is based on the tenant remaining in a rental unit and not paying rent.
- Tenants who are confirmed to have Covid, might have Covid or have been exposed to Covid cannot be evicted on the ground that they pose a health or safety risk to other residents.
- Tenants are not required to use the CDC-promulgated declaration form so long as a declaration contains the same required information and includes a statement that the tenants understand they could be liable for perjury for false or misleading statements or omissions.
- In some circumstances, such as individuals filing joint tax returns, one adult member of a household can provide an executed declaration on behalf of the other adult residents.
- Declarations can be provided to landlords either electronically or on paper.
The new CDC order makes clear that landlords are not precluded from challenging the truthfulness of a tenant’s declaration in court. Also, the order does not rescind the prior guidance that landlords are allowed to file eviction cases for nonpayment of rent and obtain eviction orders so long as the actual evictions do not take place until after the order expires.
For more information about the CDC eviction moratorium, see the following previous articles on our website:
- Original moratorium order effective Sept. 4, 2020
- Extension of moratorium through Jan. 31, 2021
- Extension of moratorium through March 31, 2021
Copyright © Scott Law Firm Professional Corporation