CDC Issues a Nationwide Eviction Moratorium to Prevent the Spread of COVID-19

On September 9, 2020, HUD sent out RHIIP Listserv Posting #448. Below is a summary of the email. Click here to read the entire announcement from HUD.

Summary

On September 4, 2020, the Centers for Disease Control (CDC) issued an order banning evictions for certain renters through December 31, 2020.

About the Order

  • The CDC is issuing the eviction moratorium to protect public health and prevent further spread of COVID-19.
  • The order is separate and independent from the expired CARES Act eviction moratorium.
  • The order applies to assisted and unassisted renters in all fifty states, the District of Columbia and U.S. territories (except American Samoa, where there are currently no cases of COVID-19).
  • Wherever there is a state, local or territorial residential eviction moratorium in effect that provides the same or greater level of public-health protection, those protections supersede the CDC order.
  • The order is available at: https://www.federalregister.gov/d/2020-19654

Eligibility

To be eligible for eviction protections under the order, residents must sign a declaration form and meet the requirements outlined in the order, which are also described in the declaration form.

Important Notes

  • The order does not relieve a resident’s obligation to pay rent
  • Residents can still be evicted for reasons other than nonpayment of rent (e.g. criminal activity)
  • The order does not affect the CARES Act provisions related to borrowers that have received forbearance on an FHA-insured multifamily loan (see guidance here)

Action Items for Owners/Management Agents

  1. Inform residents of the eviction protections under this order
  2. Provide the declaration form to residents with information about why to sign
  3. Inform residents that completing the declaration form is optional but, if not signed, they will not be protected under the CDC’s order.
  4. If households are unable to repay any rent owed as a lump sum, HUD encourages housing providers to enter into repayment agreements
  5. Contact your Account Executive or Resolution Specialist if you have any questions

About RHIIP

The Multifamily Housing Rental Integrity Improvement Project (RHIIP) Listserv is provided by the HUD Office of Housing and brings up-to-date RHIIP related publications, news, information and occupancy tips in an effort to help reduce errors in rent determinations and subsidy calculations. Receive these announcements directly to your inbox by signing up on HUD’s website here.

September 9, 2020In News5 Minutes