CLARK BARS UPDATE - AUGUST 3RD 2021
Clark & Walker, P.C. - Attorneys at Law
Date: August 3, 2021
By: Christopher R. Walker, Esq.
COVID-19 - *** CDC Issues New Order Temporarily Halting All Financial Evictions in the United States ***
On August 3, 2021 the U.S. Centers for Disease Control and Prevention (CDC) issued an order captioned Temporary Halt in Residential Evictions in Communities with Substantial or High Levels of Community Transmission of COVID-19 To Prevent he Further Spread of COVID-19 (hereinafter “Order”). The Order is nearly identical to the previous orders from the CDC stemming from the original September 4, 2020 Order. The Order provides that “a landlord, owners of a residential property, or other person with a legal right to pursue eviction or possession action” may not “evict” a covered person, defined as a person residing in a locality with a substantial or high level of COVID transmission, from any residential property from the date of the order through October 3, 2021
for matters related to non-payment of rent.
The Order provides that a “Covered person” may avoid their eviction from their dwelling for the non payment of rent
provided they meet the following criteria:
1. The individual has used best efforts to obtain all available government assistance for rent or housing;
2. The individual either (i) earned no more than $99,000 (or $198,000 if filing jointly) in Calendar Year 2020 or expects to earn no more than $99,000 in annual income for Calendar Year 2021 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2020 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check)
3. The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses (defined as exceeding 7.5% of one’s adjusted gross income for the year);
4. The individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
5. Eviction would likely render the individual homeless or force the individual to move into and live in close quarters in a new congregate or shared living setting because the individual has no other available housing options; and
6. The individual resides in a U.S. count experiencing substantial or high rates of community transmission levels of SARS-CoV-2 as defined by CDC.
Any tenant that provided a prior version of the CDC Declaration remains protected by the August 3, 2021 Order. A new version of the CDC Declaration will be made available in the near future on the CDC’s website.
It is important to remember three key points:
1. Evictions can still be filed
and judgments obtained;
2. The Order only delays the writ of restitution
until after October 3, 2021
3. Landlords who believe the tenant to have lied in the declaration or is otherwise not eligible for the protections in the Order may file a Motion to Challenge
the CDC Declaration.
Landlords are encouraged to continue to file their cases for tenants who are delinquent in rent and are reminded that the Landlord Attestation Form is required with any eviction submission.
UPDATED FORM-AO 2021-47 LANDLORD CERTIFCATION.
Please make sure you regularly advise our office on any pending case if you receive a CDC declaration from your tenant.
ANY VIOLATION OF THE CDC EVICTION MORATORIUM MAY SUBJECT ANY PERSON OR ORGANIZATION VIOLATING THE ORDER TO A MONETARY FINE OF UP TO $500,000.00 AND/OR ONE YEAR IN JAIL PER VIOLATION.
YOUR COMPANY POLICIES AND PROCEDURES MUST BE MODIFIED TO ENSURE THAT THERE ARE ADEQUATE SAFEGUARDS IN PLACE TO ENSURE THERE ARE NO VIOLATIONS OF THE CDC ORDER.
If you have any questions regarding your rights or any limitations, please do not hesitate to contact our Firm for further assistance.
Clark & Walker, P.C. - Attorneys at Law
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