To mitigate the spread of COVID-19, the Centers for Disease Control and Prevention (CDC) has ordered a temporary moratorium on residential evictions through the end of the year. The moratorium prohibits landlords from evicting qualifying residential tenants for nonpayment of rent or related payments like late fees, penalties, or interest.
To qualify for the eviction protection, a residential tenant must provide their landlord with a written statement declaring that they:
- Have used their best efforts to obtain all available government assistance for rent or housing;
- Meet one of the following income requirements: expects to earn no more than $99,000 in annual income in 2020 (or no more than $198,000 if filing a joint tax return); was not required to report any income in 2019 to the IRS; or received a stimulus check pursuant to the CARES Act;
- Are unable to pay the full rent or housing payment due to substantial loss of household income, employment change, or extraordinary out-of-pocket medical expenses;
- Are using their best efforts to make timely partial payments that are as close to the full payment as possible, considering other nondiscretionary expenses; and
- Have no other housing options and would likely become homeless if evicted or would have to live in close quarters in a new shared living situation.
A sample declaration is provided at the end of the CDC Order.
The Order does not:
- Preclude eviction for other violations of the lease;
- Remove the obligation of the tenant to pay rent and other housing-related payments; or
- Apply in any state, local, territorial, or tribal jurisdiction that has imposed a residential eviction moratorium with the same or greater protections. Washington’s eviction moratorium expires on October 15.
The Order went into effect on September 4, and applies until December 31, 2020, subject to extension, modification, or recission.