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Breaking News – New CDC Eviction Moratorium

Posted on August 5, 2021August 5, 2021 By Jim Wetzel

Yesterday, the CDC announced a new targeted eviction moratorium. This new order temporarily halts evictions in localities experiencing substantial or high levels of community transmission of COVID-19, as defined by the CDC, through October 3, 2021. As was the case before, the prohibition on eviction is limited to non-payment of rent and does not relieve any individual from the obligation to pay rent or comply with their lease. The order does not preclude charging or collecting fees, penalties, or interest under the terms of the existing lease.

What does this new moratorium mean for your business? First, the order only applies to localities that are experiencing substantial or high levels of COVID-19 transmission. To see if your locality is covered by the moratorium, click here. You will need to check often. Even if a locality is not initially covered by this order, any shift into the categories of substantial or high levels of community transmission while this order is in effect, will then bring that locality under the order. Likewise, if a locality that is covered by this order no longer experiences substantial or high levels of community transmission for 14 consecutive days, then this order will no longer apply in that locality, unless and until that locality again experiences substantial or high levels of community transmission while this order is still in effect.

Once you establish whether your locality is covered by the moratorium, a tenant must still establish that he or she is a covered person by declaring the following:

  1. The individual has used best efforts to obtain all governmental assistance for rent or housing;
  2. The individual either (i) earned no more than $99,000 (or $198,000 if filing jointly) in Calendar Year 2020 or expects to earn no more than $99,000 in annual income for Calendar Year 2021 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2020 to the IRS, or (iii) received an Economic Impact Payment (stimulus check);
  3. The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a layoff, or extraordinary out-of-pocket medical expenses;
  4. The individual is using best efforts to make a timely partial rent payments that are as close to the full rent payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
  5. Eviction would likely render the individual homeless – or force the individual to move into and reside in close quarters in a new congregate or shared living setting – because the individual has no other available housing options; and
  6. The individual resides in a locality experiencing substantial or high rates of community transmission levels of COVID-19 as defined by CDC.

Finally, any evictions for nonpayment of rent initiated prior to this order (e.g., August 3, 2021), but not yet completed, are now subject to this order. Please remember that the Virginia Rent Relief Program still has plenty of funds available to cover rent payments for tenants who have been affected by the COVID-19 pandemic. More information on this nationally recognized program, and how to apply, is available here.

A link to the full CDC Order is available here. Please direct any questions to the Legal Hotline or visit our COVID-19 Resources & Updates Page.

Property Management, REALTOR® Update

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  • About VPAR
    • Board of Directors
    • Code of Ethics
      • 2021 REALTOR® Code of Ethics and Standards of Practice
      • Mediation Information
      • Ethics Complaints, Arbitration Requests and Related Information
      • Before you File an Ethics Complaint
      • Ethics Compaint Form (E-1)
      • Arbitration Guidelines
      • Arbitrable Issues
      • Request and Agreement for Arbitration (A-1)
    • Committee & Council Leadership
    • Governing Documents
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    • VPAR Charitable Foundation
      • Donate To The VPAR Charitable Foundation
      • Support VPAR with Amazon Smile
      • VPAR Charitable Foundation Events
  • Advocacy
    • The Monitor
    • RPAC – 2021 Investors
      • Invest to Support RPAC
    • Submit a request for the Public Policy Committee to review
  • Calendar
  • Education
    • Education Center – Room Rental
    • Education Policy
    • Peninsula Real Estate School
      • Code of Ethics Training with CE Credit
      • REALTOR® Institute – GRI Designation
    • Real Estate Pre-License Saleperson Classes
    • Leadership Development
      • Virginia REALTORS® – Certifications and Designations
      • Virginia REALTOR® Leadership Academy
      • Virginia REALTORS® – Understanding Your Leadership Style
      • Virginia REALTORS® – What’s In It For The Member Presentation
      • NAR Leadership Development Resources
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      • LEAD 757 – Hampton Roads Chamber
      • Greater Williamsburg Chamber
      • Virginia REALTOR® Institute – GRI
      • Womens Council of REALTORS
      • REALTORS® EXCELLING IN ASSOCIATION LEADERSHIP (REAL)
    • Online Continuing Education
    • Property Management
      • Property Management Broker Office Policy Manual
      • NAR Rental Assistance Resources
      • CFPB Resources for Tenants – Help with rent and utilities
      • CFPV Media Toolkit for Property Managers
    • Risk Management
    • Virginia REALTORS® Learning Center
    • Virginia REALTORS® Education Calendar
  • Events
    • Annual Awards and Installation Banquet
    • Outstanding Salesmanship Club (OSC) Awards Program
      • Past Outstanding Salesmanship Awards
    • REALTOR® Fest Tradeshow
  • Membership
    • Broker Resources
      • Broker Add Delete Form
      • Designated REALTOR® Dues Formula
      • NAR Broker Involvement
      • NAR Field Guides For Brokerages
      • Residential Broker Office Policy Manual
      • Sales Meetings Kits
      • Virginia REALTORS® Broker Resources
      • Fair Housing, Diversity & Inclusion Resources
        • NAR Diversity & Inclusion Resources
          • At Home with Diversity
          • Bias Override: Overcoming Barriers to Fair Housing
          • FairHaven: A Fair Housing Simulation
        • VAR Diversity Equity & Inclusion Resources
        • Asian Real Estate Association
        • Hampton Roads Association of Real Estate Brokers
        • Hampton Diversity College
        • National Association of Hispanic Real Estate Professionals
        • The Color of Law by Richard Rothstein
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        • The Safety Talk You Need to Have With Clients
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