If it’s a short term thing (say less than 10 years) you might want to ask your cpa if you can declare the rental income but skip depreciating a portion of the house and making it a virtual rental property.

Tenant is 4 months behind on rent and has stayed beyond Notice of Non-Renewal of LeaseTenant was served a NON-RENEWAL OF LEASE 3 months ago, followed by a certified mail 14-DAY PAY OR VACATE NOTICE, which prompted tenant to send me a certified mail HARDSHIP DECLARATION FORM from NYS. 

Has anyone tried filing the eviction anyway even with the CDC declaration on the basis they aren't fulfilling their obligations under it.  

check this out... 2020 capital gains can be offset and deferred and declared to an Opportunity Zone Fund as long as it is done before 3-31-2021https://www.jdsupra.com/legaln...

I and one other guy I knew were the only ones who didn't have to declare bankruptcy because we didn't cash out and ran lean operations. 

The moratorium requires the tenants to fill-out a Declaration form provided by the CDC and some judges have made tenants prove statements in the form are true before allowing protection under the moratorium.We use "boots on the ground" and physically post evictions, email, and text so it's easy to prove notice has been given.

I had my atty. correct, I got it signed and have recorded it.Now, 2 days before the closing on 3/26 this closing atty. tells me I need a specific "termination of lease". and he has declared the closing good until the 30th as one previous addendum mentioned.

My question is, could I declare the intention to sell my house during pre-approval, but have the current by-the-room tenants sign a lease together when I find a new property and get it under contract? 

They should discuss that the Bylaws and Declarations of the Condo Association define the boundaries of your unit and what it includes.  

@Evan Franco did the tenants provide you with the cdc declaration or a state form similar to the cdc declaration?