The Centers for Disease Control and Prevention (CDC) announces the issuance of an Order under Section 361 of the Public Health Service Act to temporarily halt residential evictions to prevent the further spread of COVID-19.
This is an initial summary of what the moratorium contains:
- It is in effect as of September 4th and lasts through December 31st;
- It applies to all tenants who present a signed declaration to their landlords;
- The declaration requires the tenant to state that:
- (i) their income is less than $99,000, they did not have to pay income tax in 2019, or they received a stimulus check;
- (ii) they are unable to pay rent due to income loss or extraordinary out-of-pocket medical expenses;
- (iii) they would become homeless or need to double-up if evicted;
- (iv) they will still make partial payments (“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 non-discretionary expenses”);
- It applies wherever there is not a more protective state moratorium in effect, i.e. it acts as a floor;
- It applies to evictions for nonpayment of rent;
- There are criminal penalties for violations.
- It will not include hotel, motel, guest house rented to a temporary guest.
- To be a covered person- the tenant must sign a declaration form and provide a copy to the landlord
- The declaration must be sworn to under penalty of perjury.
- Requirements:
- Used best efforts to obtain all government assistance for rent and
- Either expects to earn no more than 99,000 for calendar year 2020 , or 198,000 if filing a joint tax return , or not required to file taxes in 2019 , or got the stimulus check.
- Unable to pay full rent due to loss of income
- Using best efforts to make timely partial payments
- If evicted I would likely become homeless, need to move to a shelter, or move into shared housing in close quarters
Attached is the form that must be delivered to landlords to gain protection. There is also a 1 page form that can be used instead. Make sure you clients keep a copy of the notice and have some sort of proof of delivery. Sorry it is upside down- new machine!
eviction moratorium declaration forms
Questions? dsteeves@lasp.org
https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html
Deborah Steeves, Esquire
Legal Aid of Southeastern PA
222 N. Walnut Street, Second Floor
West Chester, PA 19380
(610)436-4510
fax (610)436-5186
