BY BRAD BECKETT ON OCTOBER 13, 2020
The CDC recently issued a set of FAQs (frequently asked questions) offering "non-binding" guidance with respect to their recent Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 moratorium. This order temporarily halted residential evictions of covered persons for nonpayment of rent September 4th through December 31st, 2020. Click here to read more.
National REIA’s Charles Tassell said “Numerous voices of a nationwide housing coalition have prevailed upon the CDC to, at a minimum, clarify their September 4th eviction moratorium edict. While there are numerous lawsuits currently in place, and additional clarifications that will be forthcoming, it is vitally important for landlords to familiarize themselves with this FAQ from the CDC.”
In addition, Tassell further stated that “in some states the rent-meter stops once an eviction is filed and with a moratorium in place no additional rent could be charged even though the resident may still be living on the premises. Investors need to be very aware of the implications of the moratorium due to state and local law and precedent.”
The National Apartment Association (NAA) said in a release to its members that this FAQ clarifies several things, including:
- The Order is not intended to terminate or suspend the operations of any state or local court. Nor is it intended to prevent housing providers from starting eviction proceedings, provided that the actual eviction of a covered person for non-payment of rent does NOT take place during the period of the Order.
- The Order does not preclude a housing provider from challenging the truthfulness of the resident’s declaration in any state or municipal court. The protections of the Order apply to the resident until the court decides the issue as long as the Order remains in effect.
- Housing providers are not required to make their tenants aware of the Order and Declaration.