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Eviction Moratorium Extension Announced

By: Carter, Brian on in

On March 29, the U.S. Center for Disease Control extended its eviction moratorium through June 30, 2021. No substantive changes to the eviction moratorium were made with this latest extension.

Tenants wishing to be protected by the CDC moratorium must provide the landlord or property manager with an affidavit attesting to:

  • Tenant has used best efforts to obtain all available government assistance;
  • Tenant’s income is no more than $99,000 per year for an individual or $198,000 for joint returns;
  • Tenant is unable to pay the full rental amount due to a substantial loss of household income, loss of compensable hours of work or wages, a layoff or extraordinary out-of-pocket medical expenses;
  • The tenant is making best efforts to make timely partial payments and
  • An eviction would likely render the tenant homeless or force the tenant to move into and live in close quarters with others.

Evictions for non-payment of rent are allowed to proceed until a tenant provides the affidavit. Landlords also have the right to challenge the truthfulness of a tenant’s affidavit.

The CDC eviction moratorium does not provide any relief on continued rental payments, past-due rent, late fees or interest, all of which landlords are able to charge pursuant to the terms of lease agreements with tenants. Nor does this moratorium prohibit evictions based on reasons other than non-payment of rent.

NAR has a general overview summarizing the CDC eviction moratorium.

Tenants experiencing difficulties paying rent due to COVID-related issues may be eligible for emergency rental and utility assistance. Approximately $569 million was allocated to Pennsylvania for emergency rental and utility assistance, with the Pennsylvania Department of Human Services tasked with general oversight and administration of the funding. Applications for assistance are submitted to either DHS or to one of the 19 counties are running their own assistance programs.

A number of legal challenges have been filed to the CDC’s authority to impose an eviction moratorium. Over the last two months, federal judges in Texas, Ohio and Tennessee have each separately held that the CDC lacks the legal authority to impose the eviction moratorium. Federal judges in Georgia, Louisiana and Washington, D.C. have each held the eviction moratorium is within the CDC’s legal authority. Appeals have been filed in most of the cases.

Visit the PAR COVID-19 resource page for additional information and updates.

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