On Tuesday, September 1, 2020, the Trump administration issued an executive order that places a moratorium on most evictions of renters in the United States who meet income and other requirements. The previous eviction moratorium under the CARES act expired in July.
President Trump cited wanting to stop the spread of the Coronavirus when renters are evicted and end up in shelters or crowded living conditions as the reason
Violations of the order could result in criminal penalties, although these penalties do not indefinitely relieve renters of their obligations to pay rent.
To be eligible for protection under the moratorium, a renter must generally certify:
- he/she has used best efforts to obtain all available government assistance for rent or housing;
- he/she either (a) expects to earn no more than $99,000 in annual income in 2020 ($198,00 if filing jointly); (b) was not required to file a tax return in 2019; or (c) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.
- he/she is unable to pay full rent or make a fully housing payment due to substantial loss of household income, loss of compensable hours of work/wages, lay-offs, or extraordinary out-of-pocket medical expenses.
- he/she is using best efforts to make timely partial payments.
- if evicted, he/she would (a) likely become homeless, need to move into a homeless shelter, or (ii) need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.
The moratorium expires on December 31, 2020 and renters will be expected to timely pay all overdue rent at that time, or face eviction. Renters must still comply with all other non-rent obligations under the lease as well. Virtus Law, PLLC continues to monitor developments in this (and other COVID-19 areas) and will continue to post relevant updates to this website.