CDC Issues Sweeping Temporary Halt On Evictions Nationwide Amid Pandemic
The move could prevent millions of evictions that housing advocates warn are looming as people who have lost work run out of money. Landlord groups want to know who will pay for the lost rent.
www.npr.org
So the CDC last night issued an eviction moratorium designed to bridge the gap between the CARES Act and December 31, 2020, notably past the end of the election. This move appears to be prompted by the (constitutionally dubious) executive orders issued by the President directing DHS, the CDC, and other agencies to explore eviction moratoriums as a possible means of curbing the spread of COVID-19. The rule is effective immediately.
The moratorium is limited to non-payments of rent by individuals making $99,000 or less or families making $198,000 or less. It expressly does not cover any other potential grounds for eviction (failure to adhere to contractual terms, damage to property, danger to others, etc.) nor does it waive rental payments (it explicitly requires covered individuals to use their "best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit"). It also does not bar foreclosures.
Some context: I am an attorney and my main specialty is in Landlord-Tenant law (though my practice is rather expansive overall). I am generally in support of eviction and foreclosure moratoriums, though my preference is for renters and owners to be bailed out completely rather than just preventing the primary means of enforcement, as I'm deeply worried about a foreclosure crisis that no one appears to be trying to stop. Despite a substantial chunk of my business being effectively shut down due to various emergency orders, I've managed to simply shift to other work (a not unsubstantial amount of which is advising owners and managers on what each moratorium covers and what their obligations are). I am unsure if the CDC has the authority to make such a sweeping order (constitutionally and within the Administrative Procedures Act) and I suspect there will be lawsuits in a relatively short amount of time to see. Washington, where I practice, isn't covered as the existing moratorium is substantially stricter than the CDC's moratorium, but many other jurisdictions are now effectively covered.
In my opinion, it's a half measure designed to cover-up the lack of a deal between the two houses of Congress and the White House. It has clear holes that can be exploited ("contractual obligation" is not well defined and could theoretically cover late fees not covered by the moratorium) and likely will create a bigger crisis down the road if funds to bail out renters and owners are not authorized to avoid a foreclosure crisis. The lack of federal action on the no-longer-impending-but-now-here housing crisis is a serious problem that needs more attention overall.
What are your thoughts on the CDC (or other) eviction moratorium? Are you covered? Will this help you or are you going to be harmed by its implementation?
Note: for those needing a declaration, I've attached a PDF with the language that can be quickly filled out if you or someone you know needs it.
Disclaimer: The provision of this form and the content of this post is solely as a courtesy and does not constitute legal advise nor create an attorney-client relationship. You should consult an attorney in the event you are or may be subject to legal proceedings such as an eviction or other legal action against you.
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