APARTMENT ADVOCATE
NATIONAL APARTMENT ASSOCIATION
CDC Announces Extension of Eviction Moratorium
The U . S . Centers for Disease Control and Prevention have announced an extension of its eviction moratorium order through July 31 , 2021 .
On June 24 , the U . S . Centers for Disease Control and Prevention ( CDC ) extended its Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 through July 31 . The CDC Order keeps the modifications added during the March 29 extension in place , while the core elements of the Order remain the same . The CDC has claimed that this extension will be the last and the federal government must abide by their word and allow the moratorium to expire . In the New York Times , the National Apartment Association ( NAA ) expressed extreme disappointment that the Administration extended their federal moratorium yet again and recognizes the gravity of this move and vast ramifications it has on rental housing operations .
As a reminder , the Order :
Applies to virtually all rental housing providers and prohibits actions to remove covered renters from their housing during the moratorium period .
Requires renters to provide written notice under penalty of perjury to their housing provider that they qualify and are seeking relief under the Order to trigger protections ( See the CDC ’ s sample form as well as their translations in commonly spoken languages ).
Does not prevent evictions based on the lawful reasons articulated in the Order , other than nonpayment of rent ( with limited exceptions for renters who are alleged to have committed the crime of trespass or claim exposure to COVID-19 ).
Specifies that outstanding balances become due when the moratorium ends , and housing providers may charge late fees or other penalties for nonpayment of rent .
The Consumer Financial Protection Bureau and the Federal Trade Commission will likely continue their enforcement efforts against housing providers who violate the CDC Order . NAA will continue our fight against the Order through ongoing engagement with the Biden Administration and Congress and keep members informed as we update our member guidance accordingly .
NAA has staunchly opposed and aggressively advocated against the CDC ’ s overreaching and destructive Order – we were the first association to file suit against it and we continue to carry the message in the judiciary and onto Capitol Hill . We have deployed both our Washington , D . C . assets and the membership at large to urge Congress and the Administration to end the moratorium , and pushed the same message in top media outlets throughout the nation .
Further , we continue to pursue all legal options . We are encouraged by the growing legal precedent , built over the foundation of NAA ’ s initial lawsuit , declaring the Order unlawful . NAA is actively participating as plaintiffs and amici in several ongoing cases , and we are also anxiously awaiting a decision from the U . S . Supreme Court that will decide whether eviction can resume following a federal judge ’ s ruling in D . C .
As the situation continues to evolve , NAA - the voice of the rental housing industry - will continue reporting on new developments as they occur .
42 | TRENDS JULY 2021 www . aamdhq . org