The Center for Disease Control (CDC) has extended its federal moratorium on evictions through June 30, 2021. The moratorium on evictions prohibits residential landlords nationwide from evicting certain tenants solely for non-payment of rent. Renters may still be evicted for other lease violations such as drugs, violence, too many occupants etc.
The moratorium on evictions applies to renters who:
- have used their best efforts to obtain government assistance for housing;
- are unable to pay their full rent due to a substantial loss of income;
- are making their best efforts to make timely partial payments of rent; and
- would become homeless or have to move into a shared living setting if they were to be evicted.
In addition to the above requirements, one of the following financial criteria must apply. To qualify for protection, tenants must:
- expect to earn no more than $99,000 (individuals) or $198,000 (filing joint tax return) in 2020;
- not have been required to report any income to the IRS in 2020; or
- have received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act, Section 9601 of the American Rescue Plan Act of 2021, or to any other similar federally authorized payments made to individuals in 2021 and 2021.
Renters must provide their landlord a signed declaration under penalty of perjury that they meet the above requirements. Renters will not receive the moratorium on eviction protection without providing their landlord the signed declaration.
Similarly, on March 23, 2020, Minnesota Governor Tim Walz signed Emergency Executive Order 20-14 suspending evictions and writs of recovery for the term of the COVID-19 peacetime emergency. The Minnesota COVID-19 peacetime emergency is set to expire on April 14, 2021. Meaning, unless extended, Minnesota’s moratorium on evictions will end on April 14, 2021.
Note that the moratorium on state and federal evictions is not rent relief. Renters owing rent will be expected to pay their entire back rent to their landlord after the eviction moratorium ends or face evictions for non-payment of rent.
Virtus Law, PLLC continues to monitor changes in this area and will continue to post relevant updates to this website.