CDC Modifies, Extends Federal Eviction Moratorium Through June

Industry ,

The U.S. Centers for Disease Control and Prevention (CDC) extended its federal eviction moratorium order through June 30, 2021. The announcement included modifications, while the core elements of the order remain in effect. The National Apartment Association (NAA) will keep members informed as we update our member guidance accordingly.

As a reminder, the existing order:

  • Applies to virtually all rental housing providers and prohibits action to remove covered renters from their housing during the moratorium period, so long as the renter provides the required documentation to their housing provider.
  • Does not prevent evictions based on the lawful reasons articulated in the order, other than nonpayment of rent.
  • Specifies that outstanding balances become due when the moratorium ends, and housing providers may charge late fees or other penalties for nonpayment of rent.
  • Protects renters who provide a declaration under penalty of perjury to their housing provider (an example form is contained in the order).

Three items of particular concern stand out from the CDC’s announcement:

  1. While the order does not prohibit evictions for engaging in criminal activity while on the leased premises, covered persons may not be evicted on the sole basis that they are alleged to have committed the crime of trespass (or similar state-law offense).
  2. Covered persons may use any written document in place of the declaration form if it includes the required information in the form or use a form translated into other languages.
  3. Individuals who have, who might have been exposed to, or who might have COVID-19 should not be evicted on the grounds that they pose a health or safety threat to other residents; and

The Federation of the NAA (which includes the Texas Apartment Association and the local Austin affiliate, AAA) has remained strongly opposed to eviction moratoriums and their continued extensions or expansions.  NAA continues to push back against this dangerous precedent and damaging federal agency overreach.