New Temporary Halt on Evictions

SEPTEMBER 4, 2020 –

New Temporary Halt on Evictions

Today, the Centers for Disease Control and Prevention (CDC) Order published the Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID–19 in the Federal Register and has the effect of law.  The CDC cites the increased risk of spreading coronavirus when people are evicted from their home or experience homelessness, and will help ensure that people are able to practice social distancing and comply with stay-at-home orders.

The Order is not a total moratorium on evictions, but does allow tenants threatened with eviction for nonpayment of rent or already in court in an eviction case for nonpayment of rent to delay proceedings until January 2021.

 

To be covered under this action, renters must sign and provide to their landlord a declaration that they:

  1. have used their best efforts to obtain rental assistance;
  2. expect to earn no more than $99,000 in 2020 (or no more than $198,000 if filing a joint tax return);
  3. are unable to pay the full rent or make a full rent payment due to loss of income, loss of work hours, or extraordinary medical costs;
  4. are using best efforts to make partial rent payments; and
  5. an eviction would result in homelessness or force them to double or triple up with other households.

The form you need to fill out can be found here:

https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf

The eviction Order lasts through December 31, 2020.

If a case is already in court, the tenant should file a copy with the Clerk of Courts, in addition to serving their landlord. 

  • The Order does not relieve tenants of their duty to pay rent or for owing back rent or current rent that accrues during the delay. Therefore, it is critical for tenants to attempt to make partial rent payments during this time that are affordable to them and to apply for rental assistance.
  • The Order does not provide emergency rental assistance resources to cover back rent, utilities, or fees. For this reason, the moratorium only postpones evictions rather than preventing them. Therefore, in order to protect the 30 to 40 million renters at risk of losing their homes by the end of the year additional action by the Congress and the White House to approve additional funding for rental assistance.

Read what the Ohio Supreme Court says about this order: https://www.lascinti.org/wp-content/uploads/Ohio-Supreme-Court-CDC-Eviction-Halt.pdf

Get Help

Tenants in Hamilton County can contact the Community Action Agency, Talbert House or the Freestore to apply for assistance.  Please be patient, Legal Aid and these partner agencies are overwhelmed with requests for assistance but are diligently working through the backlog of requests.  In other counties, please contact your local Community Action Agency or Department of Jobs and Family Services.