CDC Eviction Moratorium (UPDATE: CDC extends moratorium through June 2021.)

Updated: Sep 11

What Vancouver, Washington landlords and tenants need to know about the recent order from the CDC (UPDATE: CDC extends moratorium through June 2021.)

The Centers for Disease Control and Prevention (CDC) recently issued an Order under Section 361 of the Public Health Service Act that creates a temporary moratorium on residential evictions. The Order went into effect September 4, 2020, and remains in effect–unless extended, modified, or rescinded–through June 31, 2020.

Who is covered by the Order?

The CDC eviction moratorium order covers "any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possession action, a declaration under penalty of perjury indicating that:

(1) The individual has used best efforts to obtain all available government assistance for rent or housing;

(2) The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return),[6] (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;

(3) the individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary [7] 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 living setting—because the individual has no other available housing options.

A resident may still be evicted for reasons other than inability to pay rent, such as committing a crime on the property.

What is a "residential property"?

“Residential property” means any property leased for residential purposes, including any house, building, mobile home or land in a mobile home park, or similar dwelling leased for residential purposes, but shall not include any hotel, motel, or other guest house rented to a temporary guest or seasonal tenant as defined under the laws of the State, territorial, tribal, or local jurisdiction.

"...shall not include any hotel, motel, or other guest house rented to a temporary guest or seasonal tenant...."

How does this effect eviction orders at the state level?

The CDC eviction order supersedes any state-issued eviction order, unless a state-issued order provides the same or greater level of protections as those outlined by the CDC.

What happens if a landlord does not comply with the Order?

The U.S. Department of Justice may initiate criminal proceedings against a landlord who fails to comply with the Order. A person convicted for violating the Order may face a fine of up to $100,000, up to one year in jail, or both. If the violation result in a death, maximum penalties increase to a maximum of $250,000, up to one year in jail, or both.

How do I assert my rights if I am facing eviction?

Each adult listed on the lease, rental agreement, or housing contract, must provide a sworn declaration to their landlord. Click here for a resident declaration template.

Keep in mind, however, that nothing in the Order eliminates the responsibility to pay rent. Therefore, tenants should continue to pay as much rent as possible during the eviction moratorium. Additionally, nothing in the Order precludes landlords from charging or collecting fees, penalties, or interest as a result of the failure to pay rent, or other rental payments on a timely basis.

If you have more questions about evictions in Vancouver, Washington, contact In-house | On-site to speak with a Vancouver, WA attorney with knowledge of Washington landlord-tenant laws.

118 views0 comments

Recent Posts

See All