Moratorium on Residential Evictions Extended

The Director of the CDC has extended the date on which the moratorium on residential evictions will end. The moratorium, last scheduled to expire on March 31, 2021 has been extended through June 30, 2021.

The moratorium was created to minimize the risk of the spread of Covid-19 due to evictions, such as the spread of the virus due to moves to new property or spread through homeless populations. Landlords, who otherwise may have a right to evict tenants due to nonpayment of rent, may not evict qualified tenants.

Landlords may still begin the eviction process, including posting Notices to Quit, and overdue rent will still continue to accrue. But, landlords will be unable to obtain court orders for eviction and solicit the assistance of law enforcement to monitor the removal of tenants. As always, landlords may never resort to self-help to remove a tenant from property. Landlords found to be in violation of the Order may face large fines and potential jail time.

The Order which creates the moratorium does not, however, automatically apply in all cases. Rather, a tenant must affirmatively take action by providing the landlord with a written statement that affirms the below criteria as true. A form for the statement may be used, and is available here. Tenants must affirm the following paraphrased criteria:

1. They have used best efforts to obtain government assistance to pay rent;
2. Do not meet certain income thresholds (most relevantly that they do not earn or expect to earn more than $99,000 or $198,000 jointly);
3. They are unable to make the rental payment due to a loss of income, work, or due to medical expenses;
4. They are making best efforts to make partial payments as close to the full rent as possible, taking account for nondiscretionary expenses; and
5. They would be forced to become homeless or live in cramped quarters due to an eviction.

(all criteria are paraphrased–refer to the terms of the Order or a qualified attorney if you believe you may qualify).

Tenants who have already provided the above statement are not required to refile with their landlord.

The above is provided as general guidance, and is not meant to convey legal advise for your particular situation. Always consult with an experienced attorney for advice on your specific scenario. Caroline Kert may be reached at 303.466.3530.