CDC updates FAQs on Federal Eviction Moratorium
October 16, 2020
Earlier this week, the U.S. Centers for Disease Control and Prevention (CDC) released updates to frequently asked questions to supplement their federal eviction moratorium order.
The FAQ updates clarify several components of the original Order:
- The Order is not intended to terminate or suspend the operations of any state or local court. Nor is it intended to prevent housing providers from starting eviction proceedings, provided that the actual eviction of a covered person for non-payment of rent does NOT take place during the period of the Order.
- The Order does not preclude a housing provider from challenging the truthfulness of the resident’s declaration in any state or municipal court. The protections of the Order apply to the resident until the court decides the issue as long as the Order remains in effect.
- Housing providers are not required to make their tenants aware of the Order and Declaration.
- To seek the protections of the Order, each adult listed on the lease, rental agreement, or housing contract should complete and sign a declaration and provide it to the housing provider where they live.
- Covered people still owe rent to their housing provider. The Order halts residential evictions only temporarily. Covered persons still must fulfill their obligation to pay rent and follow all the other terms of their lease and rules of the place where they live. Covered persons must use best efforts to make timely partial payments that are as close to the full payment as their individual circumstances permit, considering other nondiscretionary expenses.
- Anyone who falsely claims to be a covered person would be subject to DOJ prosecution.
We will continue to keep you posted on updates to the Order as they occur.
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