CDC Orders National Eviction Moratorium


Buffalo landlord tenant attorney Robert Friedman discusses a new CDC ordered moratorium which protects tenants who meet a certain criteria.

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Good Morning. I am Bob Friedman, Attorney with Friedman & Ranzenhofer, PC. Welcome to the September 2ND  2020 edition of the Legal Survival Channel: Today’s Legal News You Can Use.

On the very same day that the New York courts announced their decision not to extend their eviction moratorium beyond September 30,2020, the CDC ordered a moratorium through December 31, 2020 protecting  residential tenants who meet certain hardship criteria.

The  New York  Office of Court Administration announced yesterday that it will not extend a pandemic-related hold on residential evictions beyond September 30, 2020, shifting the burden to the governor and the state legislature one month before evictions are scheduled to resume on Oct. 1. 2020. Certain city courts are now accepting eviction filings, but not setting court dates yet.

However, in order  to reduce the spread of COVID-19, the U.S. Centers for Disease Control and Prevention yesterday  issued a  nationwide order (“Order”)  temporarily halting millions of potential evictions through December 31, 2020.

For protection under the Order, each adult listed on the lease, rental agreement, or housing contract must provide a declaration form to the landlord  which indicates that he or she:

1) Has used best efforts to obtain all available government assistance for rent or housing;

2) 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) Is unable to pay the full rent or make a full housing payment due to substantial loss of household income or loss of compensable work hours;

4)  Is using best efforts to make timely partial payments that are as close to the full payment as circumstances may permit, taking into account other nondiscretionary expenses; and

5) Would most likely be rendered homeless— or forced into close quarters in a new congregate or shared living setting— because the of no other available housing options.

Tenants are still required to pay rent and follow all the other terms of their lease and rental rules. Landlords may still evict tenants for reasons other than not paying rent or making a housing payment.

The  Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in the Order. It does not preclude State, local, territorial, and tribal authorities from imposing additional requirements that provide greater public-health protection and are more restrictive than the requirements in the Order.

The Department of Housing and Urban Development will also extend an eviction ban on properties with mortgages backed by the Federal Housing Administration.  A current ban on foreclosures and evictions from homes with mortgages backed by Fannie Mae and Freddie Mac has also been extended through December 31, 2020.

See our Covid-19 Landlord Legal Survival webpage for further information.

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