Eviction Moratorium Question

[Dustin B.]

Good Afternoon BP,

Have (an inherited) tenant behind on August's rent by $175. This tenant also did not pay for September's rent for $875. We sent out the 5 day right to cure on Thursday 9/3, so we would be looking to file eviction with the court tomorrow morning.

She messaged after receiving 5 day notice and claimed she did not have to pay the rent due to the eviction moratorium (enacted 9/4/20.) 

However, it is my understanding that you must hit ALL of the criteria in order to be protected from eviction. 1) she did not fill out and send over the declarations page to her landlord 2) her income was definitely not affected by COVID-19 as she is not working and using receiving government assistance - just decides not to pay.

I tried to call the clerk of courts to ask the questions, but they did not want to answer these questions. The main question here - Am I still allowed to continue eviction? Her inability/unwillingness to pay rent has nothing to due with Covid-19. Just want to make sure I am not interpreting anything incorrectly. 

The Order went into effect on September 4, 2020, and prohibits residential landlords nationwide from evicting certain tenants through December 31, 2020. The Order protects tenants who:

• have used their best efforts to obtain government assistance for housing
• are unable to pay their full rent due to a substantial loss of income
• are making their best efforts to make timely partial payments of rent, and
• would become homeless or have to move into a shared living setting if they were to be evicted.

In addition to the above requirements, one of the following financial criteria must apply. To qualify for protection, tenants must:

• expect to earn no more than $99,000 (individuals) or $198,000 (filing joint tax return) in 2020
• not have been required to report any income to the IRS in 2019, or
• have received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.

Tenants must complete a declaration under penalty of perjury that they meet the criteria listed in the Order.

[Account Closed]

Originally posted by @Dustin B.:

Good Afternoon BP,

Have (an inherited) tenant behind on August's rent by $175. This tenant also did not pay for September's rent for $875. We sent out the 5 day right to cure on Thursday 9/3, so we would be looking to file eviction with the court tomorrow morning.

She messaged after receiving 5 day notice and claimed she did not have to pay the rent due to the eviction moratorium (enacted 9/4/20.) 

However, it is my understanding that you must hit ALL of the criteria in order to be protected from eviction. 1) she did not fill out and send over the declarations page to her landlord 2) her income was definitely not affected by COVID-19 as she is not working and using receiving government assistance - just decides not to pay.

I tried to call the clerk of courts to ask the questions, but they did not want to answer these questions. The main question here - Am I still allowed to continue eviction? Her inability/unwillingness to pay rent has nothing to due with Covid-19. Just want to make sure I am not interpreting anything incorrectly. 

The Order went into effect on September 4, 2020, and prohibits residential landlords nationwide from evicting certain tenants through December 31, 2020. The Order protects tenants who:

• have used their best efforts to obtain government assistance for housing
• are unable to pay their full rent due to a substantial loss of income
• are making their best efforts to make timely partial payments of rent, and
• would become homeless or have to move into a shared living setting if they were to be evicted.

In addition to the above requirements, one of the following financial criteria must apply. To qualify for protection, tenants must:

• expect to earn no more than $99,000 (individuals) or $198,000 (filing joint tax return) in 2020
• not have been required to report any income to the IRS in 2019, or
• have received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.

Tenants must complete a declaration under penalty of perjury that they meet the criteria listed in the Order.

You are correct in your understanding. In addition, she has to give you a signed declaration, (don't mention that to her of course) and if she does, she is signing it under penalty of perjury and a $250,000 fine with possible 5 years in prison. If she gives you the declaration, you have the right and responsibility to ask for all forms of income since January 1 2020. I choose that date because it is before COVID-19 and you can compare her income before and after. You use that information at eviction court to show she is not telling the truth. Then you make a copy of her declaration, pay stubs, and eviction court ruling and explain to her that she has 48 hours to vacate or the packet will be sent to the FBI for request of investigation. Then follow though with what you have informed her of.

Harsh? No, not really, just following the law. She chose to lie on a Federal form.