09/03/2020
NEW EVICTION MORATORIUM: ATTENTION LANDLORDS AND TENANTS: On 9/1/2020 the CDC announced a temporary eviction moratorium to prevent the further spread of COVID-19. Under the order, landlords and property owners are prohibited from evicting certain tenants impacted by COVID-19, or face high monetary fines.
The moratorium applies only to non-payment of rent and will not apply to residents who engage in criminal activity, threaten the health or safety of other residents, damage the property, or violate their lease, other than for rent nonpayment. The Order does not forgive rent or prohibit landlords or property owners from charging late fees.
Here's a link to the actual directive: s3.amazonaws.com/public-inspection.federalregister.gov/...
If someone is in the progress of evicting criminals (like a M**h lab in the house) there is an exception.
Nothing in this Order precludes evictions based on a tenant, lessee, or resident: (1) engaging in criminal activity while on the premises; (2) threatening the health or safety of other residents;10 (3) damaging or posing an immediate and significant risk of damage to property; (4) violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or (5) violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest).
The CDC order includes a form of declaration of inability to pay that tenants are to sign and provide to their landlords. The order provides in part:
"To invoke the CDC's order these persons must provide an executed copy of the Declaration form (or a similar declaration under penalty of perjury) to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live."
It would seem that if a tenant has not provided the declaration, the landlord may commence an eviction action. The tenant could respond by filing the CDC declaration, and seemingly then the eviction (but not rent collection) should be stayed until 01/01/21. But if the tenant does not file the CDC declaration, then an eviction order could issue. So the CDC order is not self-executing.
Also, it seems to me that the landlord should be allowed to examine the tenant under oath regarding the truth of the statements made in the declaration regarding inability to pay. I am sorry to say that in addition to a COVID-19 pandemic, we also have a pandemic of lying in this country.
