Important Information for HUD-assisted Tenants on the CDC Eviction Suspension
Updated - December 29, 2020
This flyer was developed by the Office of Public and Indian Housing (PIH) in the U.S. Department of Housing and Urban Development
(HUD) to help you understand what the CDC Order means for HUD-assisted tenants who are renters in the following PIH programs: Housing Choice Voucher (HCV) program, Public Housing program, and Section 8 Moderate Rehabilitation (Mod Rehab) program. If you are a renter in a PIH program, please contact your landlord or public housing agency (PHA) for more information about this flyer or the CDC Order. You may also visit the
CDC website at: https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html.
What is the CDC eviction suspension?
The Centers for Disease Control and Prevention (CDC) issued an Order called the Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19. For tenants who meet eligible conditions, this Order temporarily stops evictons, for non-payment of rent from September 4, 2020 through January 31, 2021.
What steps do I have to take to be protected from an eviction for non-payment of rent?
- Step 1: If you are in non-payment status with your landlord or PHA and you are at risk of being evicted between September 4, 2020 through January 31, 2021, then you must meet all seven certifications in CDC's Declaration that is available here:English version: https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf
- Translated versions: https://www.hud.gov/program_offices/public_indian_housing/covid_19_resources/resident_declaration_for m-other_languages
- Step 2: If you meet all seven certifications in the CDC Declaration, then you must sign and date the Declaration.
- Step 3: Provide a signed/dated copy of the Declaration to your PHA or landlord.
Step 1: You must first meet all seven certifications in the CDC Declaration. They are:
- You are unable to pay your full rent due to a decrease in household income or extraordinary medical expenses;
Tip! For public housing participants and voucher participants, your rent will always be adjusted to reflect a decrease in income if you report the change in income to your PHA. Please consider contacting your PHA as soon as possible to review your current income and adjust your rent to reflect the change.
- You are making your best efforts to make timely partial payments that are as close to the full payment as circumstances allow.
- You have made your best efforts to get all available government assistance.
Tip! You could consider your current participation in a rental assistance program in determining whether you made your best effort to obtain government assistance. Public housing participants and voucher participants may also consider if they requested the PHA to review their current income and adjust the rent to reflect a change in income.
- You meet one of the following conditions: (1) you expect to make less than $99,000 in 2020 (or $198,000 if filing jointly), or (2) you were not required to report any income to the IRS, or (3) you received a CARES Act stimulus check.
Tip! The $1,200+ stimulus payment was NOT included in your income calculation. If you have not received a stimulus payment, please visit this webpage to check the status of your payment and fill out a simple form: https://www.irs.gov/coronavirus/get-my-payment
- If you were to be evicted, you would likely become homeless, or move into a homeless shelter, or move into new housing shared by other people who will live in close quarters.
- You understand that you are responsible for paying unpaid rent, you may be charged fees for unpaid rent, and you must continue to comply with the terms of your lease.
- You understand that when the CDC Order expires on January 31, 2021, you may be subject to eviction if you have unpaid rent or unpaid fees.
Step 2: If you meet all of the seven certifications in Step 1, sign and date the Declaration.
Each adult listed on the lease, rental agreement, or housing contract that meets the conditions outlined in Step 1 should sign the Declaration. In certain circumstances, such as individuals filing a joint tax return, it may be appropriate for one member of the household to provide an executed declaration on behalf of other adult residents on the lease, rental agreement, or housing contract at issue. You can use CDC's Declaration, available here:
Step 3: Provide a signed copy of the Declaration to your landlord or PHA.
- Important! If you do not sign and submit the Declaration to your landlord or PHA, then you can still be evicted for non-payment of rent between September 4, 2020 through January 31, 2021. However, the Declaration requires you to certify to truthful information under penalty of perjury. This means that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment, so please make sure you meet ALL certifications in Step 1 before signing the Declaration.
- If an eviction for non-payment of rent began before September 4th but has not yet been completed, you can still sign and submit the Declaration to your landlord or PHA to be protected from the eviction.
- If possible, send the Declaration via email or another method that provides a receipt so there is a record that you sent it. For example, another method could be by certified mail through US Postal Service with a return receipt requested. Also keep a copy of your signed Declaration(s) for your records, including the date and time it was sent or delivered to your landlord or PHA.
- Voucher participants may also want to provide the Declaration to your PHA as well as your landlord.
Please keep in mind:
- If you are able to pay your rent or make partial rent payments, you still need to do so.
- The suspension of evictions in the CDC Order is different from the now expired suspension of evictions in the CARES Act1. The suspension of evictions in the CARES Act expired on July 24, 2020. The biggest differences between the two are that, under the CDC Order: (1) tenants are required to sign a Declaration with all seven certifications to be protected from eviction for non- payment of rent and (2) tenants can be charged for late fees, penalties and other fees due to unpaid rent.
- Other protections may be available to you if your State, local, or territorial authority has imposed a longer or more stringent suspension on evictions that provide the same or greater level of public-health protection than the requirements listed in the CDC Order.
- You are still required to follow all the other terms of your lease and rules of where you live. Tenants can still be evicted for criminal acts, other acts, or lease violations.
Enacted in Section 4024 of the Coronavirus Aid, Relief, and Economic Security Act, 2020 "CARES Act" (Public Law 116-136).
If you have experienced a substantial loss of income due to the current situation and are unable to pay rent, we ask that you notify us as soon as possible so that we can discuss alternative arrangements to accommodate your situation. For your convenience we have established this page to place any information related to housing hardships.
On September 4, 2020, the Centers for Disease Control (CDC) issued a Notice and Order under Section 361of the Public Health Service Act (42 U.S.C. § 264) and 42 CFR § 70.2, available here.
Under the Order, tenants cannot be evicted for nonpayment of rent, provided the tenant signs the Declaration that is attached to the CDC Order certifying that:
- They have used best efforts to obtain all available government assistance for rent or housing;
- They expect 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), were not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
- They are unable to pay their full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
- They are using best efforts to make timely partial payments that are as close to the full payment as their circumstances may permit, taking into account other nondiscretionary expenses;
- If evicted they would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because they have no other available housing options.
- They understand they must still pay rent or make a housing payment, and comply with other obligations that they may have under their tenancy, lease agreement, or similar contract. The understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by their tenancy, lease agreement, or similar contract may still be charged or collected; and
- They understand that at the end of this temporary halt on evictions on December 31, 2020, their housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make them subject to eviction.
The Order does not relieve the tenants' obligation to pay rent and the tenants must continue to comply with terms under the lease. However, tenants qualifying as "Covered Persons" under the Order cannot be evicted for nonpayment of rent in violation of the lease if the CDC eviction protections are invoked (see below). Nothing in the Order precludes the landlords from charging or collecting fees, penalties, or interest as a result of the tenants' inability to pay rent on a timely basis. Evictions unrelated to nonpayment of rent can still take place, e.g., criminal activity. Any state, local, or territorial area with a moratorium on residential evictions that provides the same or greater level of public-health protection can supersede the Order. Nothing in the Order affects the CARES Act waivers or funding a PHA receives or is utilizing.
We treasure our relationships with our tenants and wanted to make resources available to you during these uncertain times. The COVID-19 pandemic, and the measures being taken to reduce transmission of the virus mean adjustments and challenges for all of us. The health and safety of our tenants and employees are our top priorities. We also want you to know that we will be working with you to ensure your housing is secure, despite the challenges ahead.