09/03/2020
Landlord-Important Information
On September 1, 2020, the U.S. Centers for Disease Control and Prevention ("CDC") released an Order titled "Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19” (the “Order”). The Order is effective Friday, September 4, 2020, and expires December 31, 2020.
APPLIES TO ALL 50 STATES—INCLUDING ARIZONA
A landlord likely can serve a 5-day non-payment of rent notice and even file an eviction action for non-payment in court, but if the tenant presents the landlord with the declaration that he/she was affected by COVID, the tenant could not be removed from the property.
ORDER IS ISOLATED TO EVICTIONS FOR NON-PAYMENT OF RENT
The Order only applies to cases involving non-payment of rent.
TENANT’S DECLARATION OF PROTECTION
To invoke the Order’s protection, the tenant must provide their landlord with an executed declaration stating that:
1. The tenant has used best efforts to obtain all available government assistance for rent or housing;
2. The tenant either: (i) expects to earn not more than $99,000.00 in annual income in 2020 (or no more than $198,000 if filing jointly); (ii) was not required to report any income to the IRS in 2019; or (iii) received a stimulus check pursuant to Section 2201 of the CARES Act;
3. The tenant is unable to pay the full rent because of substantial income loss, loss of compensable work hours or wages, a lay-off, or extraordinary out-of-pocket medical expenses;
4. The tenant is using best efforts to make timely partial payments that are as close to the full payment as their circumstances permit, taking into account other nondiscretionary expenses; and
5. An eviction would likely render the tenant homeless or force them to move into close quarters in a new congregate or shared living setting because the individual has no other housing options.
NOTE, landlords do not get to verify the information in the affidavit.
SEVERE PUNISHMENT FOR LANDLORDS VIOLATING THE ORDER
The Order states that the U.S. Department of Justice may initiate court proceedings against landlords for violations. For individual landlords:
• If the violation does not result in a death, the penalty is a fine of not more than $100,000 or one year in jail, or both;
• If the violation results in a death, the penalty is a fine of not more than $250,000 or one year in jail, or both;
SUMMARY
For now, it appears eviction filings may proceed. However, if a resident provides a signed declaration or attestation—that even closely resembles what is required in the Order- all eviction action must stop.
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