CDC Extends Federal Residential Eviction Ban Until at Least March 31, 2021

The Center for Disease Control and Prevention (CDC) has extended (in an order signed on January 29, 2021) the residential eviction ban put in place under its Agency Order titled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (Order) until at least March 31, 2021. The original order went into effect on September 4, 2020.

The CDC's eviction ban protects tenants who:

• have used their best efforts to obtain government assistance for housing
• are unable to pay their full rent due to a substantial loss of income
• are making their best efforts to make timely partial payments of rent, and
• would become homeless or have to move into a shared living setting if they were to be evicted.

In addition to the above requirements, one of the following financial criteria must apply. To qualify for protection, tenants must:

• expect to earn no more than $99,000 (individuals) or $198,000 (filing joint tax return) for the calendar year 2021
• not have been required to report any income to the IRS in 2020, or
• have received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.

Tenants must complete a declaration under penalty of perjury that they meet the criteria listed in the Order. You can use Nolo's free, downloadable CDC Eviction Ban Declaration form to satisfy this requirement.

Anyone who violates the Order might be subject to criminal penalties including fines and jail time.

Even with the Order in place, states can still ban evictions and enact other tenant protections that provide more protection than the Order. This means that tenants who do not meet the criteria for protection under the federal ban might still be protected under any applicable state or local eviction ban orders.

For more details, see Nolo's answers to common FAQs about the CDC's eviction ban.

Effective date: January 31, 2021.