CDC Eviction Moratorium Order Information

The Order temporarily halts residential evictions of covered persons for nonpayment of rent during September 4, 2020, through December 31, 2020. This means that a landlord, owner of a residential property, or other person with a legal right to pursue an eviction or a possessory action cannot evict for nonpayment of rent any covered person from any residential property in any U.S. state or U.S. territory where the Order applies. We explain where the Order applies and who is covered below.

“Eviction” means any action by a landlord, owner of a residential property, or other person with a legal right to pursue eviction or a possessory action, to remove or cause the removal of a covered person from a residential property. State and local laws with respect to tenant-landlord relations vary, as do the eviction processes used to implement those laws. The judicial process will be carried out according to state and local laws and rules. Eviction does not include foreclosure on a home mortgage.

As indicated in the Order, courts should take into account the Order’s instruction not to evict a covered person from rental properties where the Order applies. The Order is not intended to terminate or suspend the operations of any state or local court. Nor is it intended to prevent landlords from starting eviction proceedings, provided that the actual eviction of a covered person for non-payment of rent does NOT take place during the period of the Order. State and local courts may take judicial notice of the CDC Order, and the associated criminal penalties that may be imposed for non-compliance in making a formal judgment about any pending or future eviction action filed while this Order remains in effect.

A “covered person” is any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action, a declaration under penalty of perjury 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 U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (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 (An "extraordinary out-of-pocket medical expense" is defined in the Order as any unreimbursed medical expense that is likely to exceed 7.5% of one's adjusted gross income for the year.);
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.

A tenant, lessee, or resident of a residential property must provide a completed and signed copy of the declaration, as described above, to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live. The declaration may be signed and transmitted either electronically or by hard copy. Each adult listed on the lease, rental agreement, or housing contract should complete the declaration. In certain circumstances, such as individuals filing a joint tax return, it may be appropriate for one member of the residence to provide an executed declaration on behalf of other adult residents party to the lease, rental agreement, or housing contract at issue. The declaration can be downloaded here. For more information about the form, see below. Do not return your completed form to CDC.

Yes. CDC has issued a declaration form that is compliant with the Order. CDC recommends that eligible persons use this declaration form.

Individuals are not obligated to use the CDC form. Any written document that an eligible individual presents to their landlord will comply with the Order, as long as it contains the same information as the CDC declaration form. All declarations, regardless of the form used, must be signed, and must include a statement that the covered person understands that they could be liable for perjury for any false or misleading statements or omissions in the declaration.

In addition, people are allowed to use a form translated into other languages. Even though declarations with other languages may satisfy the requirement that a covered person must submit a declaration, CDC cannot guarantee that they in fact do satisfy the requirement. However, declarations in languages other than English are compliant if they contain the information required to be in a declaration, are signed, and include a statement that the covered person understands that they could be liable for perjury for any false or misleading statements or omissions in the declaration.

To seek the protections of the Order, each adult listed on the lease, rental agreement, or housing contract should complete and sign a declaration and provide it to the landlord where they live.

Individuals should not submit completed and signed declarations to the CDC or any other federal agency. In certain circumstances, such as individuals filing a joint tax return, it may be appropriate for one member of the residence to provide an executed declaration on behalf of other adult residents party to the lease, rental agreement, or housing contract at issue.

The effective date of the CDC Order is September 4, 2020. That means that any evictions for nonpayment of rent that may have been initiated prior to September 4, 2020, but have yet to be completed, will be subject to the Order. Any tenant who qualifies as a “Covered Person” and is still present in a rental unit is entitled to protections under the Order. Any eviction that occurred prior to September 4, 2020 is not subject to the Order.

Yes. Covered people still owe rent to their landlords. The Order halts residential evictions only temporarily. Covered persons still must fulfill their obligation to pay rent and follow all the other terms of their lease and rules of the place where they live. (See question below regarding evictions for reasons other than paying rent). Covered persons must use best efforts to make timely partial payments that are as close to the full payment as their individual circumstances permit, considering other nondiscretionary expenses. When the Order expires, consistent with the applicable landlord-tenant or real-property laws, a covered person will owe their landlord any unpaid rent and any fees, penalties, or interest as a result of their failure to pay rent or make a timely housing payment during the period of the Order.

CDC has issued this Order to temporarily halt residential evictions of covered persons for nonpayment of rent from September 4, 2020 through December 31, 2020. CDC is not able to help individual tenants or landlords in eviction actions. Individuals should seek the assistance of a legal aid program or private legal counsel. Visit the Legal Services Corporation Website and the ACL Elder Care Locator for more information on legal aid programs. Please see question below regarding enforcement of the Order.

The Order does not establish an administrative appeal process. Individuals who need legal assistance with appeals for eviction actions taken that they believe are in violation of this Order should consult with a private attorney or legal aid program. Visit the Legal Services Corporation Website and the ACL Elder Care Locator for more information on legal aid programs.

No. But information about federal and state assistance programs is described below.

The Order applies only in states (including the District of Columbia), localities, territories, or tribal areas that do not have in place a moratorium on residential evictions that provides the same or greater level of public-health protection than the CDC’s Order. Relevant courts deciding these matters should make the decision about whether a state order or legislation provides the same or greater level of public health protection. The Order does not apply in American Samoa, which has reported no cases of COVID-19. Should COVID-19 cases be reported in American Samoa, the Order would then be applicable to American Samoa.

CDC is aware of the following websites for more information on state-by-state eviction moratoriums:

• https://www.nolo.com/legal-encyclopedia/emergency-bans-on-evictions-and-other-tenantprotections-related-to-coronavirus.html
• https://evictionlab.org/covid-policy-scorecard/#scorecard-intro
• https://www.perkinscoie.com/en/news-insights/covid-19-related-eviction-and-foreclosureordersguidance-50-state-tracker.html
• https://www.rhls.org/evictionmoratoriums/

CDC is providing these links for your awareness only. CDC has not evaluated and does not endorse these websites.

Yes, you may still be evicted for reasons other than not paying full rent or making a full housing payment. The Order does not prevent you from being evicted for:

1. engaging in criminal activity while on the premises;
2. threatening the health or safety of other residents;
3. damaging or posing an immediate and significant risk of damage to property;
4. violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
5. violating any other contractual obligation of a tenant’s lease, other than the timely payment of rent or similar housing-related payment (including nonpayment or late payment of any fees, penalties, or interest).

Individuals who are confirmed to have, have been exposed to, or might have COVID-19 and take reasonable precautions to not spread the disease should not be evicted on the ground that they may pose a health or safety threat to other residents. Individuals who might have COVID-19 are advised to self-isolate except to get medical care.

You may have additional protections against evictions under laws in your state.

The US Department of Housing and Urban Development (HUD) has coronavirus-related resources for renters available on its website.

In addition, there are state and local resources available for renters and landlords. HUD has allocated and made available $4 billion in Emergency Solutions Grants and $5 billion in Community Development Block Grants, including $2 billion in grants focusing on areas with increased eviction risk. State and local authorities are able to use these funds for rental assistance. Tenants and landlords are encouraged to connect with local and state authorities to find out how to access these funds. Contact information for many of these authorities can be found on the HUD website.

HUD has also released guidance on rent repayment plans for tenants and landlords, though that guidance is not specific to requesting protection from eviction under this order.

In addition, the HHS Administration for Children and Families administers the Community Services Block Grant (CSBG) program. The CSBG funds States, territories, tribes, and local nonprofit Community Action Agencies (CAAs) that provide a variety of services for low-income families and individuals. Based on needs identified within the community, CSBG funds flexible support that territories, tribes, CAAs and other eligible entities can use to meet the unique needs of children, youth, and families, including housing-related needs. To access these resources, individuals and families may wish to contact their state and local authorities:

• https://communityactionpartnership.com/find-a-cap/
• https://www.acf.hhs.gov/ocs/resource/state-officials-and-program-contacts

The Order applies to any property leased for residential purposes, including any house, building, mobile home or land in a mobile home park, or similar dwelling leased for residential purposes. The Order does not apply to hotel rooms, motel rooms, or other guest house rented to a temporary guest or seasonal tenant as defined under the laws of the state, territorial, tribal, or local jurisdiction.

CDC issued this Order under the authority of section 361 of the Public Health Service Act (42 U.S.C. §264) and federal regulations codified at 42 C.F.R. § 70.2. Under 42 U.S.C. § 264, the HHS Secretary is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between U.S. states and U.S. territories. The authority for carrying out these functions has been delegated to the CDC Director. Under long-standing legal authority found at 42 C.F.R. § 70.2, the CDC Director can take public health measures to prevent the interstate spread of communicable diseases in the event of inadequate local control.

CDC issued this Order because evictions threaten to increase the spread of COVID-19. During a pandemic, calling a temporary halt to evictions can be an effective public health measure to prevent the spread of disease. A temporary halt of evictions can help people who get sick or who are at risk for severe illness from COVID-19 protect themselves and others by staying in one place to quarantine. These orders also allow state and local authorities to more easily implement stay-at-home and social distancing measures to lessen the community spread of COVID-19. Housing stability helps protect public health because homelessness increases the likelihood that people may move into close quarters in homeless shelters or other settings. These crowded places put people at higher risk of getting COVID-19. People who are homeless and not in a shelter also have increased risk of severe illness from COVID-19.

No, landlords are not required to make their tenants aware of the Order and Declaration. But landlords must otherwise comply with all requirements of the Order.

Covered persons located in jurisdictions in which this Order applies may not be evicted for non-payment of rent solely on the basis of the failure to pay rent or similar charges at any time during the effective period of the Order. You may continue to charge rent and accept partial payments from your tenant during this time. If local laws permit, you may also agree to a repayment schedule with your tenant for back rent payments that have accumulated during this time. Tenants retain all existing rights and protections against eviction under applicable state law.

The Order does not preclude a landlord from challenging the truthfulness of a tenant’s declaration in any state or municipal court. The protections of the Order apply to the tenant until the court decides the issue as long as the Order remains in effect.

Yes. The effective date of the CDC Order is September 4, 2020. That means that any evictions for nonpayment of rent that may have been initiated before September 4, 2020, and have yet to be completed, will be subject to the Order. Any tenant who qualifies as a “Covered Person” and is still present in a rental unit is entitled to protections under the Order. Any eviction that occurred before September 4, 2020, is not subject to the Order.

Several laws ( 18 U.S.C. §§ 3559 and 3571, 42 U.S.C. § 271, and 42 C.F.R. § 70.18) say that a person who violates the Order may be subject to a fine of no more than $100,000 or one year in jail, or both, if the violation does not result in death. A person violating the Order may be subject to a fine of no more than $250,000 or one year in jail, or both, if the violation results in a death or as otherwise provided by law. An organization violating the Order may be subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law. These are criminal penalties and are determined by a court of law. CDC has no involvement in these penalties.

Anyone who falsely claims to be a covered person under this Order by attesting to any material information which they do not believe to be true may be subject to criminal penalties under 18 U.S.C. § 1621 (perjury) or other applicable criminal law.

The U.S. Department of Justice prosecutes violations of this Order.

Short Answer:   

No.  The CDC Order applies to residential leases only.

Short Answer:  

It applies to all residential leases – with or without a mortgage and whether or not in a federal assistance program.

Short Answer:

No.

Analysis:

The CDC Order, effective September 4, 2020 through December 31, 2020, temporarily halts evictions of “covered persons” from residential properties due to non-payment of rent.  Not all residential tenants are “covered persons”.  A “covered person” is defined by the Order as follows: 

any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action, a declaration under penalty of perjury indicating 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 U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (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 (See CDC Order, p. 55293).  

Short Answer:

No.

Analysis:

The CDC does not halt all evictions, even for “covered persons”.  The CDC Order  does not prevent evictions based on a tenant: 

1. engaging in criminal activity while on the premises; 

2. threatening the health or safety of other residents; 

3. damaging or posing an immediate and significant risk of damage to property; 

4. violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or 

5. violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest) (See CDC Order, p. 55294).   

Short Answer:  

Rent payments may still be collected at this time unless the language in a lease provides otherwise.     

Analysis:

The CDC Order does not relieve any individual of any obligation to pay rent or comply with any other obligation that the individual may have under a lease. Nothing in the CDC Order prevents the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent on a timely basis, under the terms of any applicable contract (See CDC Order, p. 55294).  In other words, under the CDC Order, a tenant still owes the rent; the CDC Order prevents a landlord from evicting the tenant due to non-payment of rent through the end of the year.  The CDC Order does not prevent the tenant from suing the tenant to collect rent, fees, penalties, or interest as a result of the tenant’s failure to pay rent timely. 

It is important to remember that the contract language of each lease is different and will impact each party’s duties and obligations under the lease, including collection and/or deferral of rent payments.  

Short Answer: 

Tenants must provide a declaration under penalty of perjury to their landlord/property owner.  

Analysis:

For tenants to be eligible for CDC Order’s protections, tenants must provide a declaration under penalty of perjury to their housing provider indicating all of the following:

1. The individual has used best efforts to obtain rental assistance;

2. The individual expects to earn no more than $99,000 (no more than $198,000 when filing jointly); was not required to report income in 2019 to the IRS; or received a stimulus check pursuant to the CARES Act;

3. The individual is unable to pay their full rent due to a number of factors r pertaining to loss of income or other financial matters.;

4. The individual is using best efforts to make timely partial payments; 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.

An example of the declaration is found in the CDC Order.  Also, the CDC has provided a sample form declaration on its website.  The CDC’s form declaration or a similar declaration by the tenant under penalty of perjury must be used in order to invoke the CDC Order’s protections. Under the CDC Order, each adult listed on the lease, rental agreement, or housing contract is to complete and provide a declaration.  The CDC Order does not specify how (mail, email, text) the declaration is to be delivered to the landlord, or at what time the declaration must be provided to the landlord, and these issues have not yet been determined by a Court.         

Short Answer:

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth; this is a serious offense.  Federal law classifies perjury as a felony and provides for a prison sentence of up to five years if found guilty (See 18 U.S. Code § 1621).     

Short Answer:

Yes, criminal penalties are provided in the CDC Order. 

Analysis:

The CDC Order provides the following criminal penalties for violations:

(1) A person violating the CDC Order may be subject to a fine of no more than $100,000 if the violation does not result in a death or one year in jail, or both, or a fine of no more than $250,000 if the violation results in a death or one year in jail, or both, or as otherwise provided by law (See CDC Order, p. 55296).  

(2) An organization violating the CDC Order may be subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law (See CDC Order, p. 55296).  

The CDC Order provides that the U.S. Department of Justice may initiate court proceedings as appropriate seeking imposition of these criminal penalties (See CDC Order, p. 55296). 

Short Answer:  

This issue has not been yet been determined by a court; however, if the issue arises, a landlord should consult his or her attorney to determine how to proceed.

Analysis:

As of the writing of this article, no guidance has been issued by the CDC on this issue, and we are not aware of any court decisions on this issue yet.  

The CDC Order applies to a “covered person” defined as “any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action, a declaration under penalty of perjury…”  

A court interpreting the plain language of the CDC Order may find that a tenant who is living in residential property month to month is still a “covered person” because he or she is still a “resident of a residential property.” (A month-to-month lease arrangement is a valid “lease agreement” under Louisiana law. See La. C.C. arts. 2674, 2685 and 2687; see also O'Glee v. Whitlow, 32,955 (La. App. 2 Cir. 4/7/00), 756 So. 2d 1288.)

Alternatively, a court may also find that the expiration of the term of the lease is a “contractual provision” (other than the nonpayment of rent), and therefore the tenant does not qualify for relief under the CDC Order.  See explanation in Question 3.

Further, a court may interpret the CDC Order’s protections broadly and find that the intent of the CDC Order is to keep tenants in their residences to the extent possible to stop the spread of COVID-19.  Allowing an eviction to proceed even when a lease has expired would be contrary to that purpose.  

Various courts may interpret the CDC Order differently as these situations arise, leading to inconsistent outcomes on whether a property owner can evict a tenant due to a lease term expiring, depending on the particular court where the eviction is being brought.        

Short Answer: 

This issue has not yet been determined by a court, and if this issue arises, a landlord should consult his or her attorney to determine how to proceed.

Analysis:

As discussed in the previous response, to date, no guidance has been issued to address this question, and we are not aware of a court decision interpreting this issue yet either.  

A court may find that a tenant in this scenario is a “covered person” under the plain language of the CDC Order.  

If the tenant submits a CDC declaration under penalty of perjury, a court may find that the landlord is prohibited from evicting the tenant through the end of the year.  

Alternatively, the court may also find that the expiration of the term of the lease is a “contractual provision” of the lease (other than nonpayment of rent) and therefore the tenant does not qualify for eviction relief.  

Unless the language of the lease provides otherwise, the landlord would still be able to collect rent from the tenant and “holdover” penalties provided for in the lease may still apply.  

There is no requirement in the CDC Order that the landlord “renew” the lease, even if the CDC Order prohibits the landlord from evicting the tenant.  The lease may be deemed a month to month lease under Louisiana law.

Considering the novel situation and lack of guidance from the CDC or court opinions to date, it is recommended that you consult with an attorney if this situation arises.  

Short Answer: 

It depends on the contract language of the lease.    

Analysis:

In the above situation where a tenant provided a landlord with the CDC declaration, the landlord is likely prohibited from evicting for non-payment of rent through December 31, 2020.   

However, each lease is different.  A lease may provide that a tenant must vacate the premises if the property is sold to a new owner, and that the landlord can evict a tenant under that scenario.  The CDC Order only prohibits evictions on the basis of non-payment of rent.  If a lease allows a landlord to evict a tenant because the property is being sold, an eviction on that basis may not be prohibited by the CDC Order. 

If this situation arises, it is recommended that you consult with an attorney.  

Short Answer:  

This issue has not yet been determined by a court, and each lease is different and must be examined to determine the parties’ rights and obligations.  

Analysis:

In this scenario, it appears a landlord would be evicting due to non-payment of rent, which would be prohibited through December 31, 2020.  If the eviction is based on another reason, for example violating any other contractual obligation, that would not be prohibited by the CDC Order.    

Short Answer:

Yes, a landlord may evict on the basis of the tenant’s party if the lease provides that the tenant’s party violate the lease.

Analysis:

The eviction moratorium in place under the CDC Order applies to evictions due to a covered tenant’s non-payment of rent. The CDC Order specifically provides that evictions for violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest) are not prohibited.

If a lease states that a tenant having parties is in violation of the lease, the CDC Order does not prevent eviction on that basis.

Depending on your area, local courts and/or municipalities may have their own eviction moratoriums in place that may still prevent an eviction from going forward.

Short Answer: 

Eviction matters are more complicated this year than in the past.  It is advisable that a landlord retain an attorney to represent him or her in any eviction matter.  

You should always provide your attorney with all the facts, circumstances and documents you have about the lease in question so that he or she may properly advise you on how to proceed with an eviction during this time.

Analysis:

The CDC Order prohibits evictions due to non-payment of rent, but it does not prohibit evictions for the following reasons: 

(1) engaging in criminal activity while on the premises; 

(2) threatening the health or safety of other residents; 

(3) damaging or posing an immediate and significant risk of damage to property; 

(4) violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or 

(5) violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest) (See CDC Order, p. 55294).   

At the hearing, a landlord will need documentation to show that the eviction is based on one of the above five permissible reasons.  Consult with your attorney in preparation for the hearing.      

Short Answer: 

Not according to the CDC Order; however, some local courts and/or municipalities may issue their own orders and directives pertaining to evictions, and those local courts and/or municipalities may have different and individual interpretations of what is allowed under the CDC Order and their own orders.  

Analysis:

The CDC Order requires that a tenant submit a CDC declaration to the landlord/property owner in order to be entitled to the protections of the CDC Order.  If a tenant has not received a CDC declaration from a tenant, the CDC Order’s protections would not apply.  However, a local court or municipality may have its own order or directive in place prohibiting evictions at this time.  

Short Answer: 

Generally, yes. 

Analysis:

In general, courts have broad discretion in scheduling hearing dates on the court’s docket.  Louisiana eviction law provides that a court hearing in the eviction proceeding may not occur earlier than the third day after service on the tenant of the rule to show cause (See La. C.C.P. art. 4732); however, there is no requirement in the law that the says the hearing must occur within a specific timeframe.  

Further, certain courts and/or municipalities have issued their own orders and directives pertaining to evictions.  The CDC Order provides that State and local authorities may impose additional requirements “that provide greater public health protection and are more restrictive than the requirements” of the CDC Order.  It is recommended that you consult with your attorney regarding the proper eviction procedures in your local area.