About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (June 30, 2021)

handle is hein.crs/govedvu0001 and id is 1 raw text is: SCongressional SResearch Service The CDC's Federal Eviction Moratorium Updated June 30, 2021 On September 4, 2020, the Centers for Disease Control and Prevention (CDC) imposed a nationwide temporary federal moratorium on residential evictions for nonpayment of rent. The order is intended to prevent the spread of Coronavirus Disease 2019 (COVID-19) by preventing homelessness and overcrowded housing conditions resulting from eviction. The action, which followed an Executive Order directing the CDC to consider such a measure, was unprecedented, both in terms of the federal reach into what is traditionally state and local governance of landlord-tenant law and its use of a public health authority. Since the issuance of the order, several courts have issued conflicting decisions on the eviction moratorium's legality and, while no court has issued an order enjoining the moratorium's enforcement nationwide, the conflicting judicial rulings have left a cloud of uncertainty regarding the order's enforceability. Overview The CDC eviction moratorium took effect on September 4, 2020, shortly after the expiration of a narrower set of eviction protections established by the CARES Act (§4024). The original CDC order had an expiration date of December 31, 2020. Prior to its expiration, it was extended legislatively through January 31, 2021. The CDC administratively extended the order three additional times: through March 31, 2021, June 30, 2021, and July 31, 2021. The latest order stated that absent an unexpected change in the trajectory of the pandemic, CDC does not expect to extend the Order further. The CDC's national eviction moratorium applies to all renters who attest to meeting the order's income and other eligibility criteria. The criteria include having made all efforts to obtain government assistance for rent and being at risk of homelessness or overcrowded housing conditions upon eviction. Renters must assert their right to protection under the order by submitting a signed declaration of eligibility to their landlords. The CDC moratorium does not supersede more protective state and local government eviction protections. The moratorium prohibits evictions only for nonpayment of rent and related fees, not other causes, and it does not prohibit landlords from charging fees or penalties, nor does it forgive unpaid rent amounts. The CDC order contains several enforcement provisions, including penalties for landlords that violate the order and a penalty of perjury for tenants who falsely declare their eligibility. On April 19, 2021, the Consumer Financial Protection Bureau published a rule requiring debt collectors-which can include Congressional Research Service https://crsreports.congress.gov IN11673 CRS INSIGHT Prepared for Membersand Committeesof Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most