On October 9, the Centers for Disease Control and Prevention (CDC) issued non-binding guidance further explaining the nationwide eviction moratorium enacted on September 4 and providing additional compliance information. The temporary eviction halt is in effect through December 31.
NMHC partnered with Holland & Knight LLP to provide an overview (full document linked below) of the CDC’s new Frequently Asked Question document that updates and expands our initial Issue Briefing on the CDC Order.
Although the new guidance still leaves many concerns unresolved, the CDC has provided answers that are critical to understanding the agency’s position on ongoing management issues during the temporary halt in evictions. Among other things, the CDC FAQs confirm that eviction proceedings can continue as long as a physical moveout is not required before January 1. It also confirms that housing providers can question the validity of the required resident’s Declaration Form in court.
As we noted previously, while the CDC’s September 4 Order greatly expands previous federal efforts to restrict evictions, it does include certain guardrails around who is covered that were not included in the original CARES Act moratorium. Importantly, both the original Order and the new guidance continue to characterize this moratorium as a "temporary halt in residential evictions" and emphasize that nothing in the Order relieves tenants from their rental payment obligations including fees, penalties or interest for missed payments.
In addition to the CDC’s FAQ, HUD provided a resources for renters section on their COVID-19 resources webpage. This section includes links to state rental assistance programs and provides information on how to access housing counselors with the Department’s Disaster Response Network to help affected renters develop personalized recovery action plans and offers tips on communicating with housing providers.
Visit the NMHC COVID-19 Hub for additional resources and updates.