Federal (CDC) Eviction Protection Order

On August 3, 2021, the CDC issued a new Temporary Order to Halt Residential Evictions in communities with ‘Substantial’ or ‘High’ levels of community transmission.

Montgomery County is currently covered by the CDC Temporary Order.

If the CDC Transmission Status is reduced to 'Moderate' or 'Low' for 14 consecutive days, the Temporary Order will at that time cease to apply. The Montgomery County CDC Transmission Status is updated daily and can be searched at the CDC website to monitor changes.

The CDC Order protections are not automatic, and not a complete moratorium on evictions.

To obtain protection under the CDC Temporary Order, tenants must give their landlord a Declaration of eligibility: CDC-provided Declaration form (PDF)

If called to Court, tenants must attend Court where they can execute a CDC declaration or present evidence that they have previously provided that declaration to the landlord.

Tenants who already have provided a CDC Eviction Protection Declaration form qualify as a “Covered Person” and remain entitled to protections under the Temporary Order.  A tenant can choose to provide their landlord with a copy of the new Declaration Form, CDC-provided Declaration form (PDF), which includes a statement of living in a U.S. County experiencing substantial or high rates of community transmission.

Presenting a landlord with the CDC Declaration will delay eviction actions until after the CDC Temporary Order expires on October 3, 2021, or earlier if the Montgomery County COVID-19 transmission rates no longer qualify.

The CDC Declaration Form requires that tenants state they are eligible based on a loss of income due to COVID, their income eligibility, efforts to make payments and efforts to apply for rental assistance programs.

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.
  6. I live in a U.S. county experiencing substantial or high 2 rates of community transmission levels of SARS-CoV-2.

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.