The CARES Act Eviction Moratorium Has Expired, But There Are Other Pandemic Protections for Renters
By Sean P. McCaughan
The Center for Disease Control Eviction Moratorium
As the nation entered a pandemic lockdown earlier this year, the CARES Act implemented a 120-day moratorium on all evictions due to nonpayment of rent, as part of that massive piece of legislation meant to prop up the national economy while we all sheltered in place. That moratorium expired on July 24th, and yet the COVID-19 pandemic continues, and millions of people remain vulnerable to housing instability. Although there has been talk in Congress about another moratorium, renters who are at risk of losing their homes in the pandemic have had to rely on other options. Luckily there are a few such options out there.
Noticing how disastrous an impending eviction wave could be for public health during the pandemic, the Centers for Disease Control instituted their own nationwide eviction moratorium for nonpayment of rent. This moratorium requires that more conditions be met, including that the tenant has already made an effort to obtain all other types of government rental assistance, and that they sign a declaration swearing to their inability to pay rent due to substantial loss of income. Instituted on September 4th, the moratorium remains in place until December 31st, 2020.
There is a fairly substantial chance the CDC moratorium could be extended before the end of the year, depending on how the pandemic is going by then. However, even if it doesn’t, another element of the CARES act could provide some additional relief. This is a 30-day notice requirement for evictions due to nonpayment of rent, giving renters a little more time to fight their evictions, and of course, a little more time to shelter from the virus. On the state and local level, although many jurisdictions have let their eviction moratoriums expire, many have not. Checking the laws in your area is always well worth it.
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