What to know about eviction protections

The Centers for Disease Control and Prevention has extended an order halting evictions for nonpayment of rent through June 30.

This is the third extension of the eviction order, which was set to expire March 31. In a signed letter, more than 2,300 advocacy groups had called for the order to be strengthened; however, per National Low Income Housing Coalition President Diane Yentel, the extension did not come with changes.

Here’s what you need to know:

Who does the eviction order apply to?

The order applies to tenants who 1) can’t pay their rent due to the novel coronavirus pandemic (either loss of income or medical expenses), 2) would become homeless or need to double up if evicted, and 3) have an income of less than $99,000 per year, didn’t have to pay income tax in 2019 or got a stimulus check.

I qualify. How do I get protection?

Fill out the form at the end of this order (it starts on page 33): https://s3.amazonaws.com/pub

lic-inspection.federalregister.gov/2020-19654.pdf

Then, give it to your landlord.

Do I still have to pay back rent and late fees?

Unless your state, municipality and/or landlord say otherwise, yes. The order doesn’t prevent tenants from needing to pay rent eventually or pay any late fees. It protects people who can’t pay from being put on the streets.

I thought this was a moratorium on evictions, why are people saying “order?”

Not quite. The order is supposed to halt evictions for qualifying tenants, but evictions are still happening. Landlords can still post

notices to vacate, and some people will leave upon getting that notice even though they’re protected. Many tenants don’t know about the order. Sometimes landlords ignore it. Sometimes even eviction judges don’t apply it.

What were the solutions proposed in the letter advocacy groups sent to the Biden administration?

In a letter drafted by the National Low Income Housing Coalition and signed by 2,300 other organizations, advocates urged the Biden administration to strengthen the order and close its loopholes. While the order allows landlords who violate it to be prosecuted, there is no formal mechanism for tenants to file complaints.

The letter urges the administration to create such a mechanism, and to forbid landlords from serving eviction notices at all. It also asks the Biden administration to require landlords to alert tenants about the protections.

Does this apply only to government-backed housing?

No. The order applies to private landlords as well.

Wait. I thought the Department of Housing and Urban Development handled housing. Why is this coming from the CDC?

It’s extremely rare for the CDC to issue an order like this, but this order cites 42 CFR 70.2, which says that the CDC can intervene if measures taken to prevent a disease (like COVID-19) “are insufficient to prevent the spread of any of the communicable diseases.”