The United States’ Congress’s latest stimulus package (which President Trump finally signed) extends the CDC Moratorium by one month (through January 2021). Congress also included $25 billion in renters assistance. The $25 billion will be sent to states to disperse as they see fit. There is likely to be a significant administrative process for tenants or landlords to access the funds.
The CDC’s order does not prevent a landlord from evicting a tenant for reasons besides nonpayment of rent. Therefore, landlords can continue all eviction proceedings against tenants for non-renewals, lease violations, criminal activity, and threats to health and safety. Remember that a tenant must serve a declaration on the Landlord prior to gaining the protections of the CDC order.
A copy of the CDC’s approved Tenant Declaration Form can be found at the following link: CDC Tenant Declaration Form
The Biden Administration will be able to extend the eviction moratorium without Congressional approval after President-Elect Biden is sworn in on January 20, 2021. Biden’s Housing and Urban Development agency review team is sympathetic to the moratorium and it appears the moratorium will be extended as long as the COVID-19 pandemic remains a risk to the public.
For questions about any landlord or property management issues contact J. Thomas Hodges at 513-421-8454 or tom@jthlaw.com