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RHIIP Listserv Posting #448 – CDC Issues a Nationwide Eviction Moratorium to Prevent the Spread of COVID-19

Thursday, September 10, 2020

On September 4, 2020, the Centers for Disease Control (CDC) issued an Order banning evictions for certain renters through December 31, 2020.  The CDC is issuing the eviction moratorium to protect public health and prevent further spread of COVID-19 and is separate and independent from the expired CARES Act eviction moratorium.  The order applies to both assisted and unassisted renters Nationwide and does not supersede any state, local, or territorial residential eviction moratorium already in place with the same or greater levels of public-health protections. 

To be eligible for the eviction protections, residents must sign a declaration form and meet the requirements outlined in the order, and as described in the form. 

Owners of Multifamily properties are encouraged to thoroughly read the Order in the Federal Register, and to inform their residents of the eviction protections under this order and the required declaration form.  Additionally, owners of HUD-assisted and FHA-insured properties who are notifying residents that their tenancy will be terminated for nonpayment of rent or fees while this order remains in force should inform residents of the protections available to them under this order and should document such notifications in the tenant file.  A resident cannot be required to complete the declaration but will not have the CDC eviction protection without it.  This Order does not relieve a resident’s obligation to pay rent, and they can still be evicted for reasons other than nonpayment of rent (e.g. criminal activity). 

HUD’s guidance on evictions at HUD-insured or HUD-held mortgages while under forbearance remains in effect and can be found in Housing Notice H 2020-07.

HUD continues to encourage housing providers to work with residents to help they stay stably housed.  Tens of millions of Americans have experienced job loss, reduced hours, and reduced income due to the outbreak of COVID-19.  Housing providers can help prevent an increase in homelessness in their communities by working with households to avoid unnecessary evictions.

If a household received HUD rental assistance and has had a loss of income, they may be eligible for a rent reduction or a hardship exemption effective the first month following the income loss, and should make an appointment with their housing provide to process an interim certification to determine if they are eligible.  HUD is encouraging housing providers to enter into repayment agreements to help households remain housed if they are unable to repay any rent lowed as a lump sum. 

You are encouraged to read the Order in its entirety. 
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