The Center for Disease Control (CDC) and White House eviction moratorium took effect on September 4th. The order covers any resident who certifies they meet the below criteria may not be evicted for failure to pay. The CDC’s order requires residents to declare (under penalty of perjury) that they:
- Have used best efforts to obtain all available government assistance for rent or housing;
- Expect to earn no more than $99k (individual) or $198k (joint) in 2020; OR was not required to report income in 2019; OR received an Economic Impact Payment from the CARES Act;
- Are unable to pay the full rent or housing payment due to substantial loss of household income, loss of hours, lay-off, or extraordinary medical expenses;
- Are using best efforts to make timely partial payments;
- Eviction would likely render them homeless or force to move into close quarters in congregate or shared living settings due to no other housing options.
**NEW as of 9/21: Landlords filing eviction in Orleans Parish will no longer be required to submit the CARES Act affidavit. The First & Second City Courts in New Orleans will now have a new one-page document for landlords to file attesting to whether a tenant has provided them a declaration that they cannot be evicted for nonpayment under the CDC’s new moratorium. Additionally, the 30-day notification period required by the CARES Act is no longer in effect. Eviction notification will now revert back to whatever is in the lease agreement.
If you have any questions, please contact NOMAR Government Affairs at (504) 885-3200.