Covid-19: Federal Eviction Protections [+Sample Declaration]

New Federal Eviction Protections During COVID-19 Pandemic

Effective September 2, 2020, the Department of Health and Human Services, Center for Disease Control and Prevention halted nonpayment evictions until December 31, 2020.  This eviction protections apply to any unit in all states for a single tenant making less than $99,000 or two or more tenants making less than $198,000.

Which units are protected?

The new federal eviction protections apply to anyone who has the legal authority to evict, including all landlords, property managers, mobilehome park owners, master tenants and short-term rental hosts, such as Airbnb.

Which tenants are protected?

Tenants must declare that (a) they have used best efforts to obtain all available government assistance for rent or housing; (b) they cannot find alternate affordable housing; (c) they cannot pay rent because of loss of income or work; (d) they are paying partial rent in good faith; and (e) they are at risk of homelessness or shared living.  A sample declaration can be found here.

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