NAHMA Update: CDC Publishes Temporary Eviction Moratorium in Federal Register

September 4, 2020

Dear NAHMA Members,

This is a follow up email to Tuesday’s important update regarding the Centers for Disease Control and Prevention Order to temporarily halt all residential evictions to prevent the further spread of COVID-19, until December 31, 2020. The Order and has been officially published this morning in the Federal Register and is effective September 4, 2020 until December 31, 2020. The CDC Order is available on their website: https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html

Based on the Order, renters must fill out a form that validates they meet a specific set of criteria to receive coverage through the eviction moratorium. The moratorium does not forgive rent or prohibit landlords or property owners from charging late fees and stipulates that tenants are still responsible for rent payments and will need to pay back rent in full once the temporary eviction moratorium expires. The moratorium does allow for evictions under certain circumstances, including damage to property or engaging in destructive and/or criminal conduct, and it will still be up to local courts to adjudicate and proceed with eviction filings. If an individual or organization seeks an eviction that violates the order, they will be subject to criminal penalties ranging from $100,000-$500,000.

In response, NAHMA, along with many other stakeholder groups, expressed immediate concerns to Congressional leadership that the eviction moratorium imposed by the Administration, together with Congress’ failure to act on a robust emergency rental assistance plan, places the stability of the entire rental housing sector in danger. NAHMA will continue to advocate for direct financial support and emergency rental assistance for residents and housing providers alike to help those with financial hardships.

The Federal Register Notice with the CDC Order is attached and can also be found here.

The Declaration Form for tenants, lessees, or residents of residential properties is attached and can also be found here.

To view NAHMA’s Joint Industry letter expressing concerns over the CDC’s eviction moratorium and requesting passage of a robust emergency rental assistance program , click here.