On October 9th, the CDC issued FAQs for the eviction moratorium in place from September 4th through December 30th. The FAQs were issued jointly by the CDC, HUD, the Department of Health and Human Services (HHS), and the Department of Justice (DOJ) to clarify outstanding questions related to the declaration used by tenants to certify eligibility for the protections, as well as timing for housing providers initiating evictions. 

As the initial CARES Act eviction moratorium expired, LeadingAge advocated for extended housing protections paired with financial support for housing providers and residents. In early September, the CDC announced an agency order to halt evictions because of the pandemic; more information is available here

Resident Declaration

The FAQs clarify that in order to make use of the eviction protections, the resident, or more specifically, each adult on the lease, must submit to the housing provider a declaration confirming eligibility based on five criteria. The criteria include threat of housing instability if evicted and loss of income. The requirement of having lost income or wages excludes many older adults living in HUD-assisted housing who are on fixed incomes. An exception to the lost income criteria is available to tenants who have experienced significant out of pocket medical expenses.

Residents can utilize either the declaration provided by the CDC (which HUD has made available in multiple languages), or another written statement. The declaration can be hard copy or electronic and does not need to be passed on to the CDC. Housing providers are not required to notify residents of these protections.

Timing

Following the expiration of the previous eviction moratorium on July 24th, more than a month elapsed until the new eviction ban was issued on September 4th. The newly issued CDC FAQs clearly state that even if an eviction was initiated before Sept 4th, it cannot move forward while the new order is in place. If someone was evicted prior to September 4ht, they are not protected by the CDC order.

Emergency Rental Assistance

In order for residents to access emergency rental assistance, some state or local agencies have required proof of imminent eviction. With the moratorium, residents and housing providers alike have grappled with how to access the funds; the CDC FAQs state that the order does not prevent the housing provider from initiating the eviction, as long as the actual eviction doesn’t take place during the order. The FAQs also go over various sources for emergency rental assistance; LeadingAge is urging Congress to approve more funds to help provider and residents maintain stability.

The FAQs are available online here, and more information about the eviction order is available here.