DEPARTMENT:
Neighborhood & Housing Services Department
DEPARTMENT HEAD:
Ver?nica R. Soto, FAICP, Neighborhood & Housing Services Department Director
COUNCIL DISTRICTS IMPACTED:
Citywide
SUMMARY:
Briefing and discussion on public education and enforcement efforts related to the CDC's Moratorium.
BACKGROUND INFORMATION:
On September 1, 2020, the U.S. Centers for Disease Control and Prevention (CDC) filed an order in the Federal Register to temporarily halt residential evictions for nonpayment of rent to prevent the further spread of COVID-19. The order was formally published on Friday, September 4, 2020 and bars evictions for nonpayment of rent for renters in residential housing until December 31, 2020.
ISSUE:
The CDC order applies to rental housing providers and prohibits any eviction action to remove a renter from their housing during the covered period (September 4,2020 - December 31, 2020), so long as the renter provides the required declaration to their housing provider. This order does not prevent evictions based on the lawful reasons articulated in the order, other than nonpayment of rent. The order also does not eliminate the resident's obligations under the lease, and housing providers may charge late fees or other penalties for nonpayment of rent. The order covers residential buildings including a home, mobile home or land in a mobile home park. It does not cover those residing in a hotel, motel, or guest house (short term leases).
For renters to be eligible for the order's protections, they must provide a declaration under penalty of perjury to their housing provider indicating the individual has used best efforts to obtain rental assistance, expects to earn no more than $99,000 (no more than $198,000 when filing jointly), is unable to pay their full rent due to related to COVID-19, is using best efforts to make timely partial payments, and that eviction would likely render the individual homeless or force the individual to move into and live in ...
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