MORATORIUM ON EVICTIONS
OR
(A Get Out of Jail Free Card to Delay Evictions}
On September 4, 2020 the Federal Center for Disease Control (CDC), issued a series of Orders whereby persons who have been adversely affected by the COVID19 pandemic can delay eviction proceedings on their residence till December 31, 2020. These Orders apply only to rental residences. They do not apply to mortgages or foreclosure.
For persons facing evictions, to qualify under this program a person must meet all of the following conditions:
1. An individual expects to earn less than $99,000 (or $198,000 if filing jointly) in 2020; OR they received a COVID-19 stimulus check. Virtually all wage earners qualify under this condition.
2. The individual is unable to pay the full amount of rent or housing payments by reason substantial loss of income in 2020 due to loss of work, reduced hours, layoff, or extraordinary out of pocket medical expenses.
3. An eviction would likely lead to homelessness, or force the individual to move into an over-crowded living situation.
4 The individual has used best efforts to obtain all governmental housing and rental assistance.
For persons who meet these conditions, the CDC has promulgated a “Declaration”. Once signed by an individual, it will halt all evictions proceedings till after December 31, 2020. The Declaration is available is at https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf .
If you are behind in your rent or house payments and are facing evictions, once you show the signed and dated Declaration to your landlord, constable, or judge, all eviction proceedings come to a halt till December 31, 2020. The Declaration can be used to stop the eviction at any stage of the process, even after judgment with the constable knocking at your door to remove your possessions.
If you have been served with an eviction lawsuit, YOU MUST SHOW UP at each and every hearing to present your Declaration.
IF YOU FAIL TO APPEAR AT A COURT HEARING
AND DON’T SHOW YOUR DECLARATION TO
THE JUDGE, YOU CAN STILL BE EVICTED!!!
There are some important conditions.
1. The Declaration only applies to evictions based on failure to pay rent. It will not stop or delay an eviction for breach of other lease terms.
2. The Declaration temporarily halts the eviction proceeding, but you are still liable for the rent or housing payments during the moratorium period.
3. If you have signed the Declaration, and the affirmations are not true, the landlord can challenge the validity of the Declaration.
4. If you have signed the Declaration, and the affirmations are not true, you might be liable for criminal and civil penalties for making false statements.
For further assistance on how to use the Declaration to delay eviction go to: