One of the first Executive Orders released by the Biden Administration was to extend the residential eviction ban to March 31st for those who are having a difficult time paying rent due to the Coronavirus. Under the authority of the Centers for Disease Control, the ban makes it illegal to evict a residential renter if that renter is unable to pay the full rent due to COVID-19. All past due rent still must be paid when the Executive Order ends.
A renter must download the CDC Declaration Form, fill it out, sign and deliver to their landlord. To be eligible, the renter must have the following circumstances:
- Renter has used best efforts to obtain all available government assistance for rent. (See if you qualify for housing assistance by calling 2-1-1 on your phone and speak to a local housing authority).
- Renter has earned less than $99,000 last year or no more than $198,000 if filing a joint tax return or received a C.A.R.E.S. stimulus check.
- Renter is unable to pay full rent due to a substantial loss of household income, loss of work hours or wages, or encountered extraordinary out-of-pocket medical expenses.
- Renter is using best efforts to make timely partial payments to the renter’s best ability under the circumstances.
- Renter would become homeless or forced to live in close quarters with many people if evicted.
- Renter understands that he/she must pay full rent, fees, penalties, or interest.
- Renter understands that at the end of the Executive Order, the landlord may require all past payments due and failure to pay may lead to an eviction.
Renters should know that a landlord can file for an eviction during this time, but this affidavit can be used as a legal defense in such judicial proceeding.
To download the CDC Declaration Form, go to: https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html (Please know that the CDC has not updated the form just yet as it is still dated for January 31, 2021, but it should be updated very soon)
CDC Director Rochelle Walensky Media Statement on Residential Eviction Ban extended to at least March 31, 2021: https://www.cdc.gov/media/releases/2021/s0121-eviction-moratorium.html
