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Eviction Moratorium

a. What properties are covered by the federal eviction moratorium?

All rental properties are covered by the CDC notice(link is external). We have published a one-page summary of the order issued by the CDC. It does not apply to residential properties in locations with an eviction moratorium that provides the “same or greater level of public-health protection that the requirements” of the order. It also does not apply to American Samoa.

b. When did the federal eviction moratorium begin?

The moratorium began on September 4, 2020. After that date, a housing provider may not evict for failure to pay, any tenant who submits a signed attestation, per the Notice through December 31, 2020. The December COVID-relief package extended this deadline through January 31, 2021.

c. Is rent that accrues during the eviction moratorium forgiven?

No: The moratorium prohibits housing providers from evicting, but does not forgive the rent that is due. In fact, for tenants who have attested and received the eviction moratorium, a property owner or agent may charge penalties, late fees and interest, per the lease.

d. How can the government do this? Isn’t it a 5th Amendment takings?

The order by the CDC is based under Section 361 of the Public Health Service Act, and is designed to “prevent the further spread of COVID-19.” Legal challenges are underway.

e. Does a property owner have a legal obligation to notify tenants of the CDC order or their right to file an attestation?

The order does not place any affirmative obligation on a housing provider.

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