CDC Eviction Moratorium Extended and Updates

Dear NAA Members,

The U.S. Centers for Disease Control and Prevention (CDC) today extended its federal eviction moratorium order through June 30, 2021. The announcement included modifications, while the core elements of the order remain in effect.

The National Apartment Association (NAA) will keep members informed as we update our member guidance accordingly. As a reminder, the existing order:

• Applies to virtually all rental housing providers and prohibits action to remove covered renters from their housing during the moratorium period, so long as the renter provides the required documentation to their housing provider.

• Does not prevent evictions based on the lawful reasons articulated in the order, other than nonpayment of rent.

• Specifies that outstanding balances become due when the moratorium ends, and housing providers may charge late fees or other penalties for nonpayment of rent.

• Protects renters who provide a declaration under penalty of perjury to their housing provider (an example form is contained in the order).

Three items of particular concern stand out from the CDC’s announcement:

1. While the order does not prohibit evictions for engaging in criminal activity while on the leased premises, covered persons may not be evicted on the sole basis that they are alleged to have committed the crime of trespass (or similar state-law offense).

2. Covered persons may use any written document in place of the declaration form if it includes the required information in the form or use a form translated into other languages.

3. Individuals who have, who might have been exposed to, or who might have COVID-19 should not be evicted on the grounds that they pose a health or safety threat to other residents; and

NAA has remained strongly opposed to and aggressively advocated against the CDC’s overreaching and destructive order. Last September, NAA participated in one of the first cases challenging the CDC and their authority, and we continue to pursue all legal options. We are encouraged by the growing legal precedent – declaring the order unlawful – that district courts in Texas, Tennessee and Ohio have built over the foundation of NAA’s lawsuit and are actively participating as amici or plaintiffs in a number of cases. As the situation continues to evolve, NAA will keep you abreast of new developments. As we consider paths forward, all options remain on the table.

Stay safe and well, Robert Pinnegar, CAE President and CEO