CDC: No Resubmission of Declaration Needed for Eviction Moratorium

On Jan. 29, 2021, the Centers for Disease Control and Prevention (CDC) officially issued an order extending the eviction moratorium to March 31, 2021. The order continues to ban evictions for certain renters under Section 361 of the Public Health Service Act (42 U.S.C. §264) and 42 CFR §70.2.

As described in the order, tenants qualifying as a “Covered Person” cannot be evicted for nonpayment of rent when they give a declaration signed under the penalty of perjury to their landlord. Residents who previously submitted a declaration should not be asked to resubmit and should have continued protections until March 31, 2021. 

Much of the content of the Sept. 4, 2020, original order has been incorporated into the updated order. The order now applies to American Samoa because cases of COVID-19 have now been reported there.

The order doesn’t relieve the tenants’ obligation to pay rent, and tenants must continue to comply with terms under the lease. Nothing in the updated order precludes 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. Any state, local, tribal, or territorial area with a moratorium on residential evictions that provides the same or greater level of public health protection can supersede the updated CDC order. To the extent any provision of the order conflicts with prior orders, the updated order is controlling.