Eviction Moratoriums Update For Each State

To help people in the U.S. continue to self-isolate during the coronavirus pandemic, the U.S. Centers for Disease Control and Prevention (CDC) issued an agency order to temporarily halt residential evictions. But some states have created their own protections to help Americans during this difficult time.

The order, which was made on September 4, provided a lifeline to tenants who were unable to pay their rent due to financial hardship directly from the coronavirus outbreak. However, they need to meet certain criteria to be protected under the order and have to sign a declaration form. The temporary halt lasts through December 31.

"Under this Order, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order," the CDC explains in its agency order. "This Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order. Nor does this order apply to American Samoa, which has reported no cases of COVID-19, until such time as cases are reported."

To be eligible, tenants need to:

  • Used their best efforts to obtain all available government assistance for rent or housing
  • Expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return) or was not required to report any income in 2019 to the U.S. Internal Revenue Service or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act
  • Were unable to pay their full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs or extraordinary out-of-pocket medical expenses
  • Are using their best efforts to make timely partial payments that are as close to the full payment as the individual's circumstances may permit, taking into account other nondiscretionary expenses
  • If evicted they would likely become homeless, need to move into a homeless shelter or need to move into a new residence shared by other people who live in close quarters because they have no other available housing options

Renters must also agree to continue to pay rent or make a housing payment as well as comply with other obligations they have under their tenancy, lease agreement or similar contract. The order also states that fees, penalties or interest for not paying rent or making a housing payment on time as required may still be charged or collected.

The order also says that any renter providing false or misleading statements or omissions on the declaration form could face criminal and civil actions such as fines, penalties, damages or imprisonment.

The declaration form can be downloaded here.

State-by-State Guidelines to Eviction Protection During COVID-19

To help readers make sense of what is happening in their state, Newsweek has rounded up the current state of play for renters on what protections they have against eviction during the COVID-19 pandemic.

iStock Eviction Notice
Stock image: The CDC has provided a new hope for renters during the pandemic with its new eviction protection order. iStock

Alabama: There are no state-wide eviction protection orders currently in place in this state. The last proclamation by Governor Kay Ivey regarding eviction protection expired on June 1, 2020. There is also no statewide emergency rental assistance for Alabama, according to the National Apartment Association.

Those concerned about being evicted during the pandemic can look to the order issued by the CDC.

Alaska: There is no state protection against evictions, however the Alaska Court website advises that residents who are struggling to pay rent can be protected under the CDC order.

Residents can apply for funds to help pay for rent via the Alaska Housing Finance Corporation.

Arizona: Governor Doug Ducey made an executive order to suspend enforcement of eviction orders until August 21, 2020, however some renters could be protected under October 31, 2020, if they are experiencing ongoing hardship. Anyone concerned about funding can visit the Arizona Department of Housing to see if they can get access to grants.

Here, the CDC order can help renters who are concerned about eviction.

Arkansas: There has not been a statewide eviction protection order issued, however residents can be covered by the CDC order.

For financial assistance, state residents can use the Benefit Finder on Benefits.gov.

California: Governor Gavin Newsom signed legislation that prohibits the eviction of tenants until February 1, 2021 if they accrued COVID-19-related hardship between March 1, 2020 and August 31, 2020. This means that Californians are protected after the CDC order expires.

Residents need to provide a sworn statement to that effect and people who accrue pandemic-related hardship between September 1, 2020 and January 31, 2021 can avoid eviction if they can pay 25 percent of their rent.

Gov. Newson also provided additional protections such as an extended period (from three to 15 days) for notices from landlords to pay rent or quit. Local jurisdictions can also suspect evictions of tenants impacted by the pandemic.

Colorado: Residents of this state are protected under the CDC order with any tenant protections expiring on September 9, 2020. Anyone concerned about eviction or paying rent during the pandemic can apply for housing assistance and emergency short-term rental assistance funding for low-income households.

Connecticut: As the protection against evictions, part of an executive order, expired on October 1, 2020, tenants in this state can seek protection from eviction under the CDC order. Governor Ned Lamont also announced a housing protection package, encompassing rental assistance, eviction defense and rapid rehousing funding.

Delaware: The CDC order can protect tenants who are worried about eviction until December 31, 2020. In this state, rental assistance of up to $5,000 is available to those who qualify.

District of Columbia: Residents can apply to be protected under the CDC order as the emergency legislation prohibiting evictions and late fees expires on October 9, 2020.

Florida: The previous executive order issued by Governor Ron DeSantis protected tenants from final action in any eviction case for nonpayment of rent related to financial hardship arising from the COVID-19 outbreak until September 1, 2020. The CDC order could be a valuable asset to those concerned about eviction until the end of the year.

Gov. DeSantis also allocated $250 million from the CARES Act to housing relief funding to help affordable housing tenants with rent payments due between July and December 2020. Additional rental assistance is available on a county-based level.

Georgia: No statewide eviction moratorium policy has been issued in Georgia, but residents can apply under the CDC order if they meet the requirements.

Hawaii: The order issued by Governor David Ige protecting those from evictions for nonpayment of rent has expired, though residents can still apply under the CDC order for protection until the end of the year.

The Department of Hawaiian Home Lands (DHHL) is providing rental assistance for qualifying native Hawaiians for up to 12 months.

Idaho: Residents in this state can apply for eviction protection under the CDC order.

Illinois: The moratorium issued by Governor JB Pritzker has now expired, so renters can apply for eviction protection under the CDC order.

Indiana: The executive order made by Governor Eric Holcombe has now expired, so renters should apply for protection from eviction under the CDC order.

Iowa: Residents in this state should look to apply for eviction protection under the CDC order as the order issued by the state governor expired in May 2020.

Kansas: The executive order has expired in relation to eviction protection, so residents in this state can apply under the CDC order.

Kentucky: Evictions were allowed to resume from August 25, however renters can apply for protection under the CDC order. Landlords also had to provide 30 days' notice for eviction.

Louisiana: State residents should apply for eviction protection under the CDC order.

Maine: Tenants can apply for eviction protection under the CDC order. Governor Janet Mills and MaineHousing have created new rental assistance relief program for renters affected by the coronavirus outbreak, who may be eligible for one-time aid payments of up to $500 based on their income.

Maryland: In this state, tenants can be protected from eviction is they can demonstrate that they have suffered a substantial loss of income due to the pandemic. The protection lasts as long as the pandemic emergency.

Massachusetts: Eviction protection under state law lasts until October 17. Anyone concerned passed this date can apply under the CDC order. Assistance is also available under the Emergency Rental and Mortgage Assistance program.

Michigan: Residents concerned about eviction can apply for protection under the CDC order. At a state level, there is no protection but there is assistance in the form of the Eviction Diversion Program.

Minnesota: An executive order protects state residents from being evicted until the coronavirus emergency is over.

Mississippi: Residents seeking eviction protection and look to apply under the CDC order.

Missouri: Eviction proceedings only moved forward in this state at the discretion of lower courts. However, anyone who is concerned about eviction can apply for protection under the CDC order.

Montana: Qualifying renters are protected from eviction—these include those who have suffered financial hardship due to the coronavirus outbreak and who are sheltering at home because they are vulnerable to the disease. Eviction protections will end 30 days after they cease sheltering at home or the emergency ends, whichever is earlier.

Any resident who falls outside these criteria can look to apply for protection from eviction under the CDC order. There is also assistance for renters under the Emergency Housing Assistance Program.

Nebraska: Renters in this state should look to apply for eviction protection under the CDC order as there is no protection at state level.

Nevada: Governor Steve Sisolak extended a moratorium on residential evictions based on non-payment of rent during the coronavirus pandemic through October 14, 2020. After this date, renters can apply under the CDC order.

New Hampshire: Governor Chris Sununu has set up the New Hampshire Housing Relief Program, which can provide tenants in need with a one-time payment or short-term assistance to maintain or secure housing. Residents can apply for eviction protection under the CDC order.

New Jersey: Residents are protected from eviction throughout the coronavirus emergency and for up to two months after at a state law level.

New Mexico: The New Mexico Supreme Court has temporarily paused evictions of tenants who can show that they are currently unable to pay rent at an eviction hearing. Residents concerned about eviction can also apply for protection under the CDC order.

New York: Residents in this state can apply for eviction protection under the CDC order, but should be aware that landlords can seek money judgements for unpaid rent.

North Carolina: There is no state-level eviction ban. Residents can apply for eviction under the CDC order.

North Dakota: Evictions were allowed to resume from April 23, 2020, by the North Dakota Supreme Court. However, now residents can apply for eviction protection under the CDC order.

Ohio: While the Supreme Court of Ohio provided guidance in March encouraging, not requiring, local courts to temporarily postpone evictions, no state plan was put in place. Residents in this state can apply for eviction protection under the CDC order.

Oklahoma: Residents in this state can apply for protection from eviction under the CDC order.

Oregon: Governor Kate Brown signed HB 4213 in June, banning residential and commercial evictions which protected residents until September 30. From this date, residents can apply for protection under the CDC order.

Pennsylvania: While Governor Tom Wolf has issued orders to protect residents from evictions since May 2020, he wrote to the Pennsylvania Senate and House of Representatives, urging them to extend eviction protections. Residents can apply for protection from eviction under the CDC order, which will last through December 31, 2020.

Rhode Island: Residents in this state can apply for eviction protection under the CDC order.

South Carolina: In this state, residents can apply for protection from eviction under the CDC order.

South Dakota: There hasn't been any state policy to protect residents from evictions, so residents can apply for under the CDC order.

Tennessee: The Supreme Court of Tennessee ended the moratorium on actions to enforce an eviction, ejectment or other displacement from a residence as of June 1, 2020. Residents can also apply for protection under the CDC order.

Texas: Residents in this state can apply for eviction protection under the CDC order as there are no state-level protections in place.

Utah: Residents can apply under the CDC order if they can show they've already tried to get funding from the state government.

Vermont: On May 14, 2020, Governor Phil Scott signed bill S. 333, suspending eviction and foreclosure actions until 30 days after the end of the declared state of emergency—this has been extended once until mid-September. Anyone who is concerned about eviction can apply under the CDC order.

Virginia: Residents in this state can apply for eviction protection under the CDC order.

Washington: An updated proclamation issued on July 24, meant that statewide evictions, late fees, and rent increases (with limited exceptions) were suspended through October 15, 2020. There has been no further announcement regarding this, so residents can look to get protection under the CDC order.

West Virginia: Residents can apply for eviction protection under the CDC order.

Wisconsin: As the temporary ban on evictions expired in May, residents in this state can look to apply under the CDC order for protection.

Wyoming: There is a Wyoming Emergency Housing Assistance Program that can provide assistance to eligible renters who have experienced financial hardship due to the coronavirus pandemic. For anyone who is concerned about eviction, they can apply for protection under the CDC order.

Eviction Moratoriums Update For Each State | U.S.