Updates on the CDC’s Order: A “Temporary Halt” for Nonpayment Evictions

We will be updating this page when new information is released. Please check back regularly.

The Centers for Disease Control announced the publication of an Order on Sept. 4th, 2020 to create an “Eviction Suspension” program for tenants who have suffered economic impacts as a result of the COVID-19 pandemic and fallen behind on their rent. By providing a Declaration to their Landlord, tenants facing eviction for non-payment of rent can prevent being removed from their homes until after Jan. 1, 2021.

9/3/2020: Guidance on CDC Order Temporarily Halting Certain Evictions (NAA Members-Only version here)

Source: National Apartment Association (NAA)

10/9/2020: NEW Official Guidance (FAQs) issued by the CDC

10/21/2020: Looking to answering the question “Am I allowed to file new evictions after I receive a Declaration?” Read more below…

10/28/2020 URGENT UPDATE: NC Gov. Cooper issues Executive Order 171 information and FAQ. Declaration Forms here. Remember, EO 171 now makes clear that it is IMPERATIVE that you notify us (and provide a copy!) every time you receive a Declaration for any case that you have submitted to us for filing.

**NEW Q 10/28/2020: What does Gov. Cooper’s new Executive Order require if I want to file new evictions?

A: This FAQ document contains LOTS of helpful information about this and other questions, but the most important change is that every Landlord in NC must provide every tenant that they plan to file a case against (no matter what the basis of the case is) with a copy of the CDC Declaration form before the submit the case to us for approval and filing. The case must ALSO be accompanied by an affidavit confirming the Declaration form was provided.

**NEW Q 10/28/2020: How does Gov. Cooper’s new Executive Order help me as a Landlord?

A. This FAQ document has lots of helpful answers, but one benefit of the Executive Order is that every Landlord is entitled to a hearing to question a tenant who has tendered a Declaration and may not actually meet the criteria to qualify for the “temporary halt” in their eviction case.

Q: Does the CDC Order prevent me from even filing non-payment evictions?

A. As mentioned in the NEW FAQ document from CDC, evictions for non-payment of rent can continue to be filed, even after the resident(s) have provided the required Declaration to their Landlord. The case might not be allowed to proceed to Judgment, depending on the location and the Judge (a continuance is the other option for the Judge), but the case can still be filed and the process started.  Moreover, even if you receive a valid declaration, evictions for any reason other than monetary default may still proceed through the entire process, as those claims are not part of the “temporary halt” the Order permits for non-payment cases.

Please refer to this document from NAA for more information.

Q: Is this an eviction moratorium?

A: No, it’s not. Many are using the term moratorium as a convenient way to short-hand the content of the Order. The proposed Order would actually create a protocol in the nature of a “lockout suspension program”, and not a ‘moratorium’ in any sense. The Order actually uses the words “temporary halt” in describing the effect on lockouts/setouts/removals and makes clear that it can only be utilized in cases filed for non-payment of rent.

Q: Does this apply to ALL tenants?

A. The program only applies to eligible tenants, NOT all tenants. If all tenants in a rental unit submit to the Landlord a written Declaration, under penalty of perjury, that they meet the Order’s ‘qualifying criteria’, they may temporarily halt a lockout/setout. Not all tenants will meet the criteria, however, and their cases would therefore not be covered by this Order.

Q: Is the Order permanent?

A: The effect of the Order is not permanent. The Order itself contemplates a “temporary halt,” and would prevent ONLY actions that result in the removal of the tenant from the dwelling, and only until Dec. 31, 2020. After that, barring new legislative or regulatory changes, lockouts should be able to proceed for any tenants who have not gotten caught up or moved out.
The National Apartment Association (NAA) reported being deeply concerned by this action and given that it remains uncoupled with robust emergency rental assistance,  saying “they understand the devastating effects a national eviction moratorium will have on the apartment industry, housing affordability, and America’s 40 million apartment residents.”

We will update you as soon as we have more information. Our team is ready and willing to assist you, please contact us if you have any questions