CDC Moratorium Extension
The Center for Disease Control (CDC) Moratorium on residential evictions now is extended to June 30, 2021. Tenants who are behind in their rent and meet the qualifications must complete the declaration and give it to their landlord or property manager. (See: https://www.cdc.gov/coronavirus/2019-ncov/more/pdf/CDC-Eviction-Moratorium-03292021.pdf.) Save a copy, picture or proof of electronic delivery for your records.
Who qualifies for the CDC moratorium? Tenants who live in residential housing, including apartments, residential dwellings, mobile homes or manufactured home communities. It does not apply to mortgage foreclosure.
- Tenants must meet financial eligibility requirements: Earned no more than $99,000 in 2020 ($198,000 if married and filing jointly), or expects to earn no more than $99,000 in 2021, received a stimulus check, and was not required to report income to the IRS in 2020;
- Tenants are unable to pay full rent amount: Be unable to pay full rent due to an income loss or “extraordinary” medical bills;
- Tenants are seeking financial assistance: Have used best efforts to obtain “all available governmental assistance for rent or housing” – Tenant and any household member eligible should apply for assistance. Emergency Rental Assistance Programs (ERAP) opened in all Pennsylvania Counties in March. Tenants should apply for this assistance at their local county agency to qualify for assistance. Landlords who have not received rent should work with tenants to apply for this help! (Learn more about ERAP here.);
- Tenants will be homeless or move to close quarters: Be likely to become homeless or forced to “live in close quarters in a new congregate or shared living setting” if evicted, and;
- Tenants will try to pay at least partial rent: Use 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.”
Changes to the Order: There are no significant changes to the order. While there are court challenges in other jurisdictions, those cases do not apply in our jurisdiction. The order no longer suggests that multiple members of the household need to sign the form. A new form is available, but tenants who have already signed a declaration do not need to use the new form. (See: https://www.cdc.gov/coronavirus/2019-ncov/downloads/EvictionDeclare_d508.pdf.)
For additional information about the CDC Order, please visit the National Housing Law Center’s website: https://www.nhlp.org/covid/cdc-eviction-moratorium/. You will find translated copies of the declaration in many languages, which may also be used by tenants with Limited English Proficiency (LEP).