The Center for Disease Control (CDC) issued an eviction moratorium covering essentially all residential properties. To qualify for protection the tenant must provide the landlord with a declaration under penalty of perjury that the tenant
- has used best efforts to obtain all available government assistance for rent or housing;
- expect to earn for 2020 no more than $99,000 for individuals or $198,000 for joint tax filers;
- is unable to pay the full rent due to substantial loss of income, loss of work hours, wages, lay-off, or extraordinary out-of-pocket medical expenses;
- is making best efforts to pay as close to full payment as circumstances permit;
- eviction would likely make the tenant homeless or forced the tenant to move in close quarters in a shared-living arrangement;
The CDC argues in its moratorium that preventing evictions will help slow the spread of COVID-19. It cites this argument as giving the CDC authority to issue the eviction moratorium.
The CDC moratorium does not apply to evictions based on a tenant
- engaging in criminal activity;
- threatening health or safety;
- damaging or posing an immediate and significant threat to property;
- violating building or health codes or similar laws;
- violating contractual obligations other than non-payment of rent or other charges
The CDC moratorium is set to expire December 31, 2020.