U.S. Attorney’s Office Reminds Public of CDC Eviction Moratorium Order
DETROIT (STL.News) As part of the federal response to the COVID-19 outbreak, the U.S. Attorney’s Office for the Eastern District of Michigan is reminding landlords of their obligations and tenants of their rights under the Centers for Disease Control’s (CDC) Order temporarily halting residential evictions of tenants who meet certain income eligibility requirements and who are unable to pay their full rent. The Order prohibits landlords from evicting such tenants for non-payment of rent through March 31, 2021.
As the Justice Department recently clarified, the decision of the Texas district court in Terkel v. Center for Disease Control does not extend beyond the particular plaintiffs in the case and does not prohibit the application of the CDC’s eviction moratorium to other parties. Accordingly, the CDC’s Order remains in effect.
The CDC’s Order, imposing a Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, aims to mitigate the spread of COVID-19 by enabling people who get sick or who are at risk for severe illness from COVID-19 to protect themselves and others by staying in one place to quarantine. Under the CDC Order, tenants who meet income eligibility requirements (generally, those earning less than $99,000 per year, or $198,000 if filing jointly) and who are unable to pay their full rent due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses, can obtain protection from eviction by providing a sworn declaration regarding their situation to their landlord.