On September 4, 2020, the Centers for Disease Control and Prevention (CDC) issued a Notice and an Order, under Section 361 of the Public Health Service Act (42 U.S.C. § 264) and 42 CFR § 70.2, banning evictions for certain renters through December 31, 2020. The Consolidated Appropriations Act, 2021, signed by the President on December 27, 2020, extended this Order until January 31, 2021, which will help families continue to prevent the spread of COVID-19.
As a reminder, under the Order and extension, from September 4, 2020, to January 31, 2021, tenants cannot be evicted for nonpayment of rent, provided the tenant signs the Declaration that is attached to the CDC Order. Residents who previously submitted a declaration should not be asked to resubmit and should have continued protections until January 31, 2021. The CDC Order does not relieve the tenants’ obligation to pay rent and the tenants must continue to comply with terms under the lease. However, tenants qualifying as “Covered Persons” under the CDC Order cannot be evicted for nonpayment of rent if the CDC eviction protections are invoked. Nothing in the CDC Order precludes the landlords from charging or collecting fees, penalties, or interest as a result of the tenants’ inability to pay rent on a timely basis. Evictions unrelated to nonpayment of rent can still take place.
Please contact our office for more information, and to make arrangements for a Repayment Agreement, before the CDC Eviction Moratorium expires on January 31, 2021: (276) 642-2001 or email housingrequest@brha.com
