APARTMENT ADVOCATE
to their housing provider . The order , however , does not prevent evictions based on the lawful reasons articulated in the order other than nonpayment of rent . It also specifies that the order does not relieve renters of their obligation to pay rent , and housing providers may charge late fees or other penalties due to a renter ’ s failure to pay rent on a timely basis . Finally , the order protects renters who provide a declaration under penalty of perjury to their housing provider ( an example form is contained in the order ).
The order ’ s extension contains a few concerning elements of note . First , while the order does not prohibit evictions for engaging in criminal activity while on the leased premises , covered persons may not be evicted on the sole basis that they are alleged to have committed the crime of trespass ( or similar state-law offenses ). Further , the order states that individuals who have , who might have been exposed to or who might have COVID-19 should not be evicted on the grounds that they pose a health or safety threat to other residents . Finally , the order notes that covered persons may use any written document in place of the declaration form if it includes the required information in the form or use a form translated into other languages .
In conjunction with the CDC ’ s announcement , the White House also released a fact sheet detailing all of the Administration ’ s efforts across agencies to provide housing support . As part of these efforts , the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ) will step up enforcement efforts against housing providers who violate the CDC order . According to their joint press release :
Evicting tenants in violation of the CDC , state , or local moratoria , or evicting or threatening to evict them without apprising them of their legal rights under such moratoria , may violate prohibitions against deceptive and unfair practices , including under the Fair Debt Collection Practices Act and the Federal Trade Commission Act . [ emphasis added ]
This stated policy directly conflicts with guidance in the current FAQs . We will continue conversations with the Administration about this development and will update you as we learn more .
NAA has remained strongly opposed to and aggressively advocated against the CDC ’ s overreaching and destructive order . Last September , NAA participated in one of the first cases challenging the CDC and their authority , and we continue to pursue all legal options . We are encouraged by the growing legal precedent – declaring the order unlawful – that district courts in Texas , Tennessee and Ohio have built over the foundation of NAA ’ s lawsuit , and we are actively participating as amici or plaintiffs in a number of these cases .
As the situation continues to evolve , NAA will provide updates of new developments as we consider paths forward , keeping all options on the table .
www . aamdhq . org APRIL 2021 TRENDS | 39