Notice to Landlords
Effective September 4th, the CDC announced a four month ban (through December 31, 2020) on evictions for qualifying renters. Landlords will face criminal penalties if they evict qualifying renters due to nonpayment of rent. For individual landlords, criminal penalties can include a fine of up to $100,00 or one year in jail, or both, if the violation does not result in a death. If the violation results in a death, the criminal penalty could be a fine of up to $250,000 or one year in jail, or both. An organization that violates this Order would be subject to a fine of up to $200,000 per event if a death does not result and up to $500,000 if the violation results in a death.
In order to qualify, one of the following must be true: (a) single renters must make less than $99,000 annually and couples must make less than $198,000 annually, (b) the renter was not required to report any income in 2019 to the IRS or (c) the renter received an Economic Impact Payment (ie, stimulus check) pursuant to the CARES Act. The renter must certify that they have made efforts to obtain government assistance for rent and they have exhausted their options under the Federal Covid-19 relief programs. Additionally, the renter must declare that they are unable to pay the full rent due to substantial loss of household income, loss of work hours or wages, a lay-off or out-of-pocket medical expenses exceeding 7.5% of the renter's adjusted gross income for the year. Renters must further certify that they would be homeless if evicted or they would have to buddy up with someone else in close quarters, thereby creating a health risk. Finally, the renter must use best efforts to make timely partial payments that are as close to the full payment as feasible under their individual circumstances.
The policy does not waive rental payments during the time frame. Rental payments will still accrue and would become due when the ban expires.
Nothing in the CDC Order prohibits evictions for:
- Engaging in criminal activity while on the premises
- Threatening the health or safety of other residents
- Damaging or posing an immediate risk of damage to the property
- Violating applicable building codes, health ordinances or other regulation relating to health and safety or
- Violating any other contractual obligation, other than timely payment of rent and housing-related fees.
To invoke the CDC's order, renters must provide an executed copy of the Declaration form below to their landlord. Each adult listed on the lease should complete a Declaration form.
To view the CDC Order document click here.