Yesterday(9/4/20) the CDC created a new ban on evictions through the end of 2020. There had previously been an eviction and forclosure ban in place, but it ended in July. The United States is facing a housing crisis due to the Coronavirus pandemic and the number of people who are unemployed because of it, and the new ban says that landlords can not kick out any tenant over missing a rent payment alone.
The CDC said, “Under this Order, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order. This Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order. Nor does this order apply to American Samoa, which has reported no cases of COVID-19, until such time as cases are reported”. The CDC went on to say, “This Order is a temporary eviction moratorium to prevent the further spread of COVID-19. This Order does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract. Nothing in this Order precludes the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract”.
The CDC has banned the evictions, but now some people are worried that this is not the legal way to go about things. They believe that the CDC is taking its authority a bit too far. Some are also concerned about what will happen once the ban is over and the tenants have to pay the full rent payments that they missed over the past several months. It is expected that there will be some legal challenges to the evictions ban.
