UPDATE – CDC Extends its Residential Eviction Ban for Qualified Individuals
As previously reported, 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 (the “Order”). The Order went into effect on September 4, 2020, was extended first through January 31, 2021, and again through March 31, 2021. The CDC's latest order extends the residential eviction ban until at least June 30, 2021.
The Order still applies only to qualified individuals and only to proceedings for nonpayment of rent. It does not apply to holdover proceedings or prohibit foreclosure on a home mortgage (though New York State Executive Orders may). The applicability of the Order was modified to include eviction proceedings initiated but not completed prior to September 4, 2020. Proceedings initiated and completed before September 4, 2020 are not subject to the Order.
The definition of “Covered Person” was updated to include those who “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 U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check).” Tenants must complete a declaration under penalty of perjury that they meet the criteria listed in the Order.
The remaining portions of the Order not otherwise modified continue through June 30, 2021. In addition, tenants who do not qualify under the Order may still qualify under applicable New York protections.
We are available to answer questions that you may have as we continue to monitor the status of evictions under various Federal, State, and local orders.Written By: Michelle P. Quinn
GDB Firm Blog