Federal (CDC) Eviction Protection Order

The Federal (CDC) Eviction Protection Order was established as a way to temporarily suspend evictions; it has been extended through June 30, 2021.

This provides a protection against eviction for failure to pay rent eviction actions but requires a tenant to attend their court date and demonstrate they have given their landlord the required signed declaration form. It is a means to stop eviction until the CDC order expires. It does not take away the duty to pay rent.

To access the federal eviction protection, each adult tenant listed on the lease must sign a specific CDC form of written declaration and give a copy to their landlord.

This declaration is sworn testimony, meaning that you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit important information. Every adult listed on the lease must certify under penalty of perjury that the following are true and correct:

  1. The individual has used best efforts to obtain all available government assistance for rent or housing;
  2. The individual either:
    i. expects 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),
    ii. was not required to report any income in 2019 to the U.S. Internal Revenue Service, or       
    iii. received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act
  3. The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;
  4. The individual is 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; and
  5. Eviction would likely render the individual homeless— or force the individual to move into and live in close quarters in a new congregate or shared living setting— because the individual has no other available housing options.

Notes:  You are still required to pay rent and follow all the other terms of your lease and rules of the place where you live. You may also still be evicted for reasons other than not paying rent or making a housing payment.