On August 3, 2021 the Centers for Disease Control (CDC) issued a new eviction moratorium order that prohibits evictions for nonpayment of rent through Oct. 3, 2021 in counties that have a “high” or “substantial” rate of transmission of Covid-19.
Boone County will be subject to this new moratorium because the CDC’s Covid Data Tracker shows that the county currently has a “high” transmission rate.
Boone County would no longer be subject to the new moratorium if it experienced a 14-day period of “moderate” or “low” transmission of Covid, but would again become subject to the moratorium if the transmission rate increased to “substantial” or “high.”
As with past CDC eviction moratoria, the order does not prevent evictions for specified reasons other than nonpayment of rent. Thus, evictions for the following reasons can proceed:
- Criminal activity on the leased premises
- Threats to the health or safety of other residents
- Property damage
- Violation of buildings codes, health ordinances or regulations relating to health and safety
- Lease violations other than nonpayment of rent, late fees and interest
Tenants who previously submitted signed CDC declaration forms to qualify for eviction protection under prior CDC moratoria do not need to submit new declarations to qualify under the new moratorium.
Several legal challenges to the CDC eviction moratoria are working their way through the federal court system, including at least one case currently before the U.S. Supreme Court. It is possible that the Supreme Court could decide that the CDC does not have authority to impose eviction moratoria, but then a moratorium could, in theory, be adopted by Congress after it returns to work in September from summer recess.
Copyright © Scott Law Firm Professional Corporation