BROADCAST EMAIL – Regulatory Update

The U.S. Centers for Disease Control and Prevention (CDC) updated its Order prohibiting evictions for nonpayment of rent until March 31, 2021. The new Order is effective January 31, 2021. Originally, the CDC issued a version of this Order on September 1, 2020, made effective by publication in the Federal Register at 85 Fed. Reg. 55292 (Sept. 4, 2020). That September Order expired December 31, 2020, and in the interim, Congress extended the moratorium and Order under January 31, 2021, as part of the Consolidated Appropriations Act, 2021 (Division N, Title V, Section 502). The Biden Administration is also proposing extensions at least through the end of September 2021.

Like the original Order, this Order maintains provisions that:

• Protects tenants, lessees, or residents;
• Prohibits any action for possession for nonpayment of rent; and
• Applies to any party that has the legal right to pursue eviction or possessory action.

The tenant, lessee, or resident must certify that he/she:

• Has used best efforts to obtain all available government assistance for rent or housing;
• Earns no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the IRS, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
• Cannot pay full rent due to substantial loss of income or extraordinary out-of-pocket medical expenses;
• Is using best efforts to make timely partial payments; and
• Eviction would likely render the person homeless or live in a shared living setting.

As before, the Order does not relieve obligation to pay rent (if unpaid, rent continues to accrue); does not prohibit fees, penalties, or interest for nonpayment (but cannot use that as a reason to evict during the Order period); and does not prohibit eviction for good cause reasons other than nonpayment of rent. This is a floor, it allows more restrictive State, local, territorial, or tribal area restrictions and moratoriums. American Samoa is now covered by the Order.

Please contact the CARH national office at carh@carh.org or 703-837-9001 should you have questions or concerns.