What the CDC Eviction Moratorium ACTUALLY Says - You CAN Evict IF

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It's important to read what it covers and what it DOESN'T cover:

1. The person has to prove they can’t pay the full amount because of loss of work RELATING TO COVID-19
2. The person has to make every attempt to pay rent on time
3. The person has to APPLY under Oath, under penalty of perjury
4. It is not automatically granted
5. If the renter has some other place to move to, they can be evicted
6. The renter STILL OWES all rents, they have to be paid at some point
7. This does not include foreclosure on a home mortgage
8. They can still be evicted for violating OTHER TERMS on the lease agreement

Here is the Actual Wording:

“Covered person” means any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action,

a declaration under penalty of perjury indicating that:

1) The individual has used best efforts to obtain all available government assistance for rent or housing;

2) The individual either

(i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return),

(ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or

(iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;

3) the individual is unable to pay the full rent or make a full housing payment

due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;

4) the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and

5) eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.

“Evict” and “Eviction” means any action by a landlord, owner of a residential property, or other person with a legal right to pursue eviction or a possessory action, to remove or cause the removal of a covered person from a residential property.

This does not include foreclosure on a home mortgage.

HERE IS THE ACTUAL ORDER:

https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-19654.pdf