On September 1, 2020 the Centers for Disease Control and Prevention (CDC) issued an Agency Order titled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (Order). The Order went into effect on September 4, 2020 and prohibits residential landlords nationwide from evicting certain tenants through December 31, 2020. The Order protects tenants who:
In addition to the above requirements, one of the following financial criteria must apply. To qualify for protection, tenants must:
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.
Effective date: September 4, 2020