News | The CDC Issues a New Eviction Moratorium

The CDC has issued a more limited eviction moratorium that will be in effect for two months, through October 3, 2021. The CDC states that the intention is to target specific areas where cases are rapidly increasing, which likely would be made worse by mass evictions. It is hoped that billions of dollars in federal emergency rental assistance that is yet to be distributed will assist many of the households that will be protected by the Order in areas with substantial to high community transmission levels over the next two months. You can read the new Order HERE. This order is very similar to the moratoria issued on September 4 in 2020, and on January 29, March 28, and June 24 in 2021. A key difference from past orders is that this moratorium is limited to counties "experiencing substantial and high levels of community transmission."

The text of the order states:

"This Order applies in U.S. counties experiencing substantial and high levels of community transmission levels of SARS-CoV-2 as defined by CDC, as of August 3, 2021.  If a U.S. county that is not covered by this Order as of August 3, 2021, later experiences substantial or high levels of community transmission while this Order is in effect, then that county will become subject to the Order as of the date the county begins experiencing substantial or high levels of community transmission.  If a county that is covered by this Order no longer experiences substantial or high levels of community transmission for 14 consecutive days, then this Order will no longer apply in that county, unless and until the county again experiences substantial or high levels of community transmission while this Order is in effect...Any evictions for nonpayment of rent initiated prior to issuance of this Order but not yet completed are subject to this order."

Please note, tenants do not need to complete a new declaration to benefit from the moratorium. A sample declaration was attached to past orders. The current order explains:

"A person who previously filed a declaration under prior CDC eviction moratoria issued on September 4, 2020, January 29, 2021, March 28, 2021, or June 24, 2021, may be eligible for protection under this Order and does not need to file a new declaration, if they live in a county experiencing substantial or high rates of transmission of community levels of SARS-CoV-2 and meet the definition of a covered person under this Order."

Counties that are currently at substantial or high levels of community transmission can be identified HERE. 

As with past orders, it is important to note that nothing in the order prohibits CHARGING rent, or relieves tenants from the obligation to PAY rent. It does not prohibit eviction based on factors other than nonpayment of rent, and it also does not prohibit charging late fees. 

Fines for violating the order continue to be significant. A person violating the order may be subject to a fine of no more than $100,000 or one year in jail, or both, if the violation does not result in a death, or a fine of no more than $250,000 or one year in jail, or both if the violation results in a death, or as otherwise provided by law. An organization violating this Order may be subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law. The U.S. Department of Justice may initiate criminal proceedings as appropriate seeking imposition of these criminal penalties.

Seeking to provide further help to landlords and tenants, the Order lists the following resources: 

Coronavirus Relief Fund

Emergency Rental Assitance Program

Rental Assistance Finder

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