The Centers for Disease Control has put in place a new temporary halt on some evictions, despite a U.S. Supreme Court ruling in June stating the CDC lacked authority to issue a nationwide eviction moratorium.
The new ban covers any county in the United States not under a moratorium with the same or greater protection as the CDC resolution. The CDC defines that as having high or substantial levels of community transmission. The moratorium is effective immediately and runs through Oct, 3.
Following the U.S. Supreme Court ruling, President Joe Biden asked Congress to pass legislation to approve a moratorium on evictions. That measure failed this past week, ending the previous moratorium.
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Ahead of the CDC announcement, DeKalb County Superior Court Chief Judge Asha Jackson signed an emergency order stopping all evictions county-wide for 60 days.
A local halt is unlikely, according to Richmond County Superior Court Chief Judge Danny Craig.
“The issue of an eviction moratorium is complicated by the fact that the Superior Courts of Georgia are vested with the (limited) authority to issue a local judicial emergency order; however, almost all cases seeking eviction (dispossessory proceedings) are filed in the magistrate courts of each of the 159 counties,” said Craig. “We will continue to be guided by the recommendations of the Centers for Disease Control. The most current information that agency has provided does not indicate the necessity for a moratorium on dispossessory proceedings.”
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According to a press release from the CDC, “The eviction moratorium allows additional time for rent relief to reach renters and to further increase vaccination rates.”
To be covered under the moratorium, a tenant must meet the following criteria:
The individual has used best efforts to obtain all available governmental assistance for rent or housing. The individual either (i) earned no more than $99,000 (or $198,000 if filing jointly) in Calendar Year 2020 or expects to earn no more than $99,000 in annual income for Calendar Year 2021 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2020 to the U.S. Internal Revenue Service or (iii) received an Economic Impact Payment (stimulus check).
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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 layoff, or extraordinary out-of-pocket medical expenses; the individual is using best efforts to make timely partial rent payments that are as close to the full rent payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; eviction would likely render the individual homeless—or force the individual to move into and reside in close quarters in a new congregate or shared living setting—because the individual has no other available housing options; and the individual resides in a U.S. county experiencing substantial or high rates of community transmission levels of SARS-CoV-2 as defined by CDC.
Persons eligible to be covered under this new moratorium who have already provided their landlord with a declaration under the previous order are still covered. They do not need to file another declaration. Tenants who have not previously filed a declaration would need to do so. Further, “This Order does not preclude a landlord challenging the truthfulness of a tenant’s, lessee’s, or resident’s declaration in court, as permitted under state or local law.”
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