CDC eviction moratorium

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About

The Centers for Disease Control (CDC) has ordered the suspension of evictions for nonpayment of rent, fees, and other charges until December 31, 2020. The order applies to evictions for nonpayment of rent. Tenants facing evictions for nonpayment of rent must make below a certain income and meet other factors set out by the CDC. This order does not apply to foreclosures. Read the CDC order.

Video

Isaac Sturgill, head of our housing practice group, discusses the eviction moratorium from the Centers for Disease Control in this Facebook Live presentation from September 2, 2020, the day the moratorium was announced. Download the PowerPoint slides.

What do tenants have to do?

To stop the landlord from evicting the tenant for nonpayment of rent, fees, and other charges:

  1. Each adult tenant (18 years or older) that lives in the home must:
  2. If the tenant has a court hearing
    • The tenant may need to go to court and bring the signed declaration to show the magistrate or judge or else the eviction may go forward.
  3. If the tenant already had a court eviction hearing and the judge ordered the tenant to be evicted:
    • The tenant may be able to appeal. Tenants have 10 days after the hearing to appeal.
    • If the 10 days to appeal have passed, the tenant may still be able to stop the eviction by filing a motion.
    • Legal Aid may be able to help some tenants if they call our toll-free helpline: 1-866-219-5262.

FAQ

What does the CDC Order do?

The CDC Order delays or postpones some evictions until December 31, 2020.

Are all evictions suspended or postponed?

No. The order postpones many evictions, including those for nonpayment of rent, fees, and other charges. It does not stop evictions for criminal activity on the property, threatening other residents, damaging property, violating health and safety codes, or breaking the lease for something besides nonpayment.

Will tenants still owe rent while the eviction is postponed by the CDC Order?

Yes. A tenant will still owe rent or other fees that are due under the lease.

When does the protection take effect?

It takes effect when the tenant delivers a signed copy to the landlord.

What if the tenant already has a court date?

Tenants may need to go to court to show the magistrate or judge that they signed the declaration and gave it to their landlord.  Otherwise, the court may go forward with the eviction.

What if an eviction hearing has already happened?

Within ten days after court, tenants may go to the courthouse to make an appeal.

What if the ten days for appeal have ended or the tenant cannot afford the appeal bond?

Tenants in these situations may still be able to stop the eviction process by filing court papers called a motion for a temporary restraining order to stop the lockout.

Where can tenants get legal help?

Veterans, low-income persons, or senior citizens may apply for free help from Legal Aid of North Carolina by calling 866-219-5262.

Declaration

Declaration under penalty of perjury for the Centers for Disease Control and Prevention’s temporary halt in evictions to prevent further spread of COVID-19

I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the following is true and correct:

  1. I have used best efforts to obtain all available government assistance for rent or housing;
    Note: “Available government assistance” means any governmental rental or housing payment benefits available to the individual or any household member.
     
  2. I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
     
  3. I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
    Note: An “extraordinary” medical expense is any unreimbursed medical expense likely to exceed 7.5% of one’s adjusted gross income for the year.
     
  4. I am using 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;
     
  5.  If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.
    Note: “Available housing” means any available, unoccupied residential property, or other space for occupancy in any seasonal or temporary housing, that would not violate Federal, State, or local occupancy standards and that would not result in an overall increase of housing cost to you.
     
  6. I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.
     
  7. I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws. I understand that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.

 

          _________________________________              ________________

          Signature of Declarant                               Date