It’s the Law

Evictions

On September 4, 2020, Dr. Robert Redfield, director of the Centers for Disease Control and Prevention, signed an order effectively making it more difficult for landlords to proceed with evictions. Although this order is not an extension of the moratorium passed via the CARES Act, which expired on July 25, 2020, this new order does have the potential to put a cog in the proverbial (eviction) wheel, a prospect for which we can all heave a heavy sigh of frustration.

All is not lost, however. Although the eviction process now is difficult, the obstacles are certainly not insurmountable. Here is what you need to know.

To Proceed or Not to Proceed with Eviction? Under the CDC’s new order, landlords may not proceed with an eviction when all individuals listed on a lease submit a Declaration Under Penalty of Perjury to the landlord. This Declaration must include the following information:

The individual has used best efforts to obtain all available government assistance for rent or housing;

The individual 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;

JENNIFER MCCOY, ESQ.

Law Office of Jennifer McCoy The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours or work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;

The individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and

Eviction would likely render the individual homeless or force the individual to move into and live in close quarters in a new congregate or shared living setting, because the individual has no other available housing options.

To reiterate, all individuals listed on the lease must submit this Declaration. The CDC’s order does not protect any individual who does not submit the Declaration; therefore, in those instances, a landlord may proceed with eviction as usual.

It is important to note that under no circumstance is a landlord required to advise residents of their options pursuant to the Order. In fact, if obtaining an eviction is the goal, it is in the landlord’s best interest to keep mum. To put it another way, what the resident doesn’t know about this Order won’t hurt YOU (the landlord). However, keep in mind that landlords who fail to comply with the CDC Order (or residents who lie on the DUPP), will be subject to criminal penalties.

No Declaration…Now What? So the resident failed to submit the DUPP. What does this mean for you, the landlord? The short answer is you