On September 1^st, the Centers for Disease Control and Prevention (CDC) announced a temporary eviction moratorium to prevent the further spread of COVID-19. Under the order, landlords and property owners are prohibited from evicting certain tenants impacted by COVID-19, or face high monetary fines. The moratorium applies only to non-payment of rent, and will not apply to residents who engage in criminal activity, threaten the health or safety of other residents, damage the property, or violate their lease, other than for rent nonpayment. The Order does not forgive rent or prohibit landlords or property owners from charging late fees.

The Order also does not apply in any state or local area that already has a moratorium on residential evictions; according to a White House call on the new eviction moratorium, approximately 30 states and localities have residential eviction protections currently in place due to COVID-19.

The Agency Order, which applies to tenants under a certain income threshold who are at risk of becoming homeless if evicted, is effective immediately after publication on September 4^th, and will be in effect through December 31^st, 2020. The emergency action can be extended, modified, or extended before the end of the year.

In order to qualify for the eviction protection, the tenant will need to sign a sworn statement, provided by the Agency Order, certifying the following qualifications:

• The tenant has used their best efforts to obtain available government assistance for rent or housing;
• The tenant was eligible to receive an Economic Impact Payment (stimulus check) under the CARES Act, or has an annual of no more than $99,000 for an individual, or $198,000 for a family
• The tenant is not able to pay the full rent due to substantial loss of income, wages, or hours, or because of extraordinary out-of-pocket medical expenses (unreimbursed medical expenses exceeding 7.5% of AGI for the year)
• The tenant is using their best efforts to make partial rent payments
• The tenant has no other available housing options and if evicted, would need to move into a new residence shared by other people who live in close quarters, or would have to move into a homeless shelter

The tenant statement also says that the tenant understands that they will still have to pay rent and fees, and comply with their lease. The unpaid rent may be required by the housing provider in full once the temporary eviction moratorium expires on December 31, 2020.