CDC Order Halting Evictions – UPDATE

Alicia Schaub

Updated as of January 31, 2021:

On January 29, 2021, the CDC issued an order extending its previous order dated September 1, 2020 and has temporarily halted residential evictions through March 31, 2021.

The new order states that the purposes of this extension is to “prevent the further spread of COVID-19 throughout the United States” by mitigating the spreads within shared living spaces, homelessness, and the spread from one state to another.

A person violating this order may be subject to the fine of up to $100,000 (or $250,000 if the violation resulted in a death), one year in jail, or both.

Protection under a “covered person” means the following:

  1. The individual has used best efforts to obtain government assistance for rent or housing;
  2. The individual expects to earn less than $99,000 in 2021;
  3. The individual is unable to pay the full rent or make a full housing payment due to substantial loss of income, loss of wages, a lay-off, or extraordinary medical expenses;
  4. The individual used best efforts to make timely partial payments; and
  5. Eviction would cause the individual to be homeless or force the individual to move into close shared living quarters.

The full text of the order can be found at https://www.cdc.gov/coronavirus/2019-ncov/more/pdf/CDC-Eviction-Moratorium-01292021.pdf

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On September 1, 2020, the CDC issued an order temporarily halting residential evictions which will remain in effect through December 31, 2020. Under the order, a landlord may not evict any “covered person,” which may mean someone who is unable to make rent payments or find alternative housing options, and the person has made best efforts to obtain all available government assistance for rent or housing.

There are a few important factors to note regarding this order:

  • It only applies to Residential properties, but does not include any hotel, motel or other guest house rented to a temporary guest or seasonal tenant.
  • It does not include foreclosure on a home mortgage.
  • It does not prevent Landlords from charging fees, penalties or interest as a result of the failure to pay rent.

To find the full text of the Order, you can visit https://www.federalregister.gov/documents/2020/09/04/2020-19654/temporary-halt-in-residential-evictions-to-prevent-the-further-spread-of-covid-19.

Or contact Michigan Legal Help for resources and assistance: https://michiganlegalhelp.org/

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