National Eviction Moratorium Details

September 2, 2020

By way of follow-up to my email last night regarding the nationwide eviction moratorium, more details have been obtained via the Federal Register filing (linked below).

Here is a summary of key points:

• The moratorium is effective with the publication of the filing and lasts through December 31, 2020
• Residents are not relieved of making their rent payments
• The order does not preclude a landlord from charging fees, penalties or interest as a result of a resident’s failure to pay rent
• Residents seeking protection must provide the landlord with a declaration, in a specific form prescribed by the CDC in its filing. That declaration provides criteria divided into 5 points which set the eligibility for protection. The points are as follows:
  1. The individual has used best efforts to obtain all available government assistance for rent or housing;
  2. The individual either expects to earn no more than $99,000 in income for 2020 ($198,000 if filing jointly), was not required to report income to the IRS in 2019, or received a stimulus check via the CARES Act;
  3. The individual is unable to pay the full rent due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;
  4. The individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and,
  5. Eviction would likely render the individual homeless – or force the individual to move into and live in close quarters in a new congregate or shared setting – because the individual has no other available housing options.
• Landlords can still evict for reasons other than nonpayment of rent (ex. criminal activity, threats to others, property damage)

Please read the full Federal Register filing.

Forrest M. Wall, CAE

Vice President – Government Affairs & Industry Relations
Home Builders Association of SE Michigan/Apartment Association of Michigan
30400 Telegraph Road, Ste. 202
Bingham Farms, MI 48025
Ph: 248-862-1004
forrestw@builders.org