On September 1 the CDC issued an Agency Order entitled “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19,” suspending certain residential evictions through December 31, 2020. The order does not suspend mortgage foreclosures. To take advantage of the suspension, the tenant must sign a declaration form averring the following:
- The
individual has used best efforts to obtain all available government
assistance for rent or housing;
- The
individual either (i) expects to earn no more than $99,000 in annual
income for Calendar Year 2020 (or no more than $198,000 if filing a joint
tax return), (ii) was not required to report any income in 2019 to the
U.S. Internal Revenue Service, or (iii) received an Economic Impact
Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
- 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 lay-off, or extraordinary out-of-pocket medical expenses;
- The
individual is using best efforts to make timely partial payments that are
as close to the full payment as the individual’s circumstances may permit,
taking into account other nondiscretionary expenses; and
- Eviction
would likely render the individual homeless— or force the individual to
move into and live in close quarters in a new congregate or shared living
setting— because the individual has no other available housing options.
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