CDC's Eviction Moratorium

[Andrew Watson]

I posted this as a comment on an article, but there is still a ton of misinformation about this NEW eviction moratorium by the CDC.   I thought it might be valuable to create a separate thread.   Since I wasn't comfortable with the answers I was getting, including from our own attorneys, I read the actual order, in its entirety, from the CDC website. Here are a few facts, directly from the CDC order:   1.) The tenant DOES NOT have to be impacted specifically by COVID19. The definition, as stated in the  order, says this: if an individual cannot pay all or part of their rent "due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary  out-of-pocket medical expenses".  There is NO verbiage regarding COVID19 in the definition of who is eligible. 2.) The tenant does NOT have to "prove" anything or provide ANY documentation - they only have to sign the form, "under penalty of perjury". This form (a "declaration") ONLY goes to the landlord, does not require a witness and does not have to be notarized. It's basically a form letter from a tenant to a landlord saying they can't pay rent.   3.) All a tenant really has to do is make less than $99k and send the declaration to their landlord. 4.) This impacts ALL properties, not just those with Federally-backed mortgages or those receiving Federal rent assistance. This is very different from the CARES act. The CDC defines those properties affected as: "any property leased for residential purposes, including any house, building, mobile home or land in a mobile home park, or similar dwelling leased for residential purposes". The only exemption is temporary rentals such as hotels, seasonal rentals, airbnbs, etc.  5.) Technically speaking, it does not "cancel rent". I had to read it several times, but the order is clear: "These persons are still required to pay rent and follow all the other terms of their lease and rules of the place where they live. These persons may also still be evicted for reasons other than not paying rent or making a housing payment." However, the order specifically says, "Executed declarations should NOT be returned to the Federal Government", so the government won't be getting involved in collecting our back-rent. Being in the affordable housing market, we don't have one resident who would have the near-term ability to repay four months worth of back-rent. We will effectively become a bank or credit card company trying to collect this debt.  6.)  The order goes into effect today, September 4th, 2020.   These being the facts, we will continue working with our residents. Some are going to take advantage of the situation, try to live rent-free until January and then bail with no intention of repaying this "loan" that our fine administration provided them. But most are going to do everything in their power to meet their obligations. We intend to help those that are sincerely in need by temporarily reducing rent and waiving late fees....and while abiding by the letter and spirit of the law, make life as miserable as possible for the freeloaders...