CDC Eviction Moratorium Extended Until January 31, 2021

The Consolidated Appropriations Act, 2021 (“CAA”), signed into law by President Trump on December 27, 2020, extended the CDC eviction moratorium until January 31, 2021.  The “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19” was originally implemented by the CDC on September 4, 2020, with an expiration date of December 31, 2020. 

The moratorium prohibits housing providers from evicting qualified renters who are unable to pay rent because of lost income due to the pandemic.  Qualified renters includes those who earn less than $99,000 per year filing individually or $198,000 per year filing jointly and who provide a signed CDC affidavit declaring their eligibility for protections.  The form of the affidavit is available on the CDC website.  The moratorium only halts evictions until January 31, 2021.  Housing providers may still impose late fees for nonpayment of rent and require the renters to pay the full amount of rent (including late fees) not paid prior to and during the temporary halt after the expiration of the moratorium.  If a renter fails to pay current or back rent after the expiration of the moratorium, the housing provider may evict the renter for nonpayment.  The moratorium also has no impact on evictions for other reasons such as lease violations based upon misconduct. 

Importantly, some states and municipalities have enacted more stringent moratoriums than the CDC.  If a renter is afforded greater rights under state or local laws, housing providers must follow those laws in addition to the CDC moratorium.  Housing providers should contact their legal counsel to determine if there are state or local laws that apply.