Dear John,

Late last week, the Centers for Disease Control and Prevention (CDC) issued a statement of Frequently Asked Questions (FAQ) to provide clarification of their original moratorium on evictions for non-payment of rent.

The original order, which went into effect on September 4, says that tenants who provide a signed declaration to their landlords attesting to the following criteria are "Covered Persons," and protected from eviction:

Their income is less than $99,000, they did not have to pay income tax in 2019, or they received a stimulus check
They are unable to pay rent due to income loss or extraordinary out-of-pocket medical expenses
They would become homeless or need to double-up if evicted;
They would make 'best efforts' to access rental assistance, and will make partial payments to the best of their ability.

The moratorium does not release a tenant from the obligation to pay rent.

The most recent statement comes at a time of mounting legal challenges to the CDC's eviction order by landlords and housing industry lobbyists who feel they are being unfairly targeted without compensation to maintain their properties. However, it's unclear whether the latest statement provided any more clarity when you consider the following:

[This order is not] intended to prevent landlords from starting eviction proceedings, provided that the actual eviction of a covered person for non-payment of rent does NOT take place during the period of the Order;

Landlords are not required to make their tenants aware of the Order and Declaration, but landlords must otherwise comply with all requirements of the Order;

Each adult listed on the lease, rental agreement, or housing contract should complete the declaration. In certain circumstances, such as individuals filing a joint tax return, it may be appropriate for one member of the residence to provide an executed declaration on behalf of other adult residents party to the lease, rental agreement, or housing contract at issue;

The effective date of the CDC Order is September 4, 2020. Any evictions for nonpayment of rent that may have been initiated prior to September 4, 2020, but have yet to be completed, will be subject to the Order. Any tenant who qualifies as a “Covered Person” and is still present in a rental unit is entitled to protections under the Order. Any eviction that occurred prior to September 4, 2020 is not subject to the Order;

Individuals who are confirmed to have, have been exposed to, or might have COVID-19 and take reasonable precautions to not spread the disease should not be evicted on the ground that they may pose a health or safety threat to other residents.

Some Virginia judges want assurances from landlords that a tenant has not exercised their rights of limited protection under the CDC moratorium, but landlords are pushing back, arguing that it's not their responsibility to ensure that a tenant has taken the necessary steps to comply with the CDC declaration.

Despite repeated calls for additional federal government assistance to help both tenants and landlords, Congress has not acted, and while the consequences for renters are dire, smaller property owners are in serious jeopardy as well. Time will tell how long these older, market affordable properties can sustain their operations with such a prolonged loss of income. Balanced strategies that protect both tenants and property owners are needed if our region is to avert a significant spike in homelessness and foreclosures of valuable affordable properties.

Michelle Krocker
Executive Director

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