Federal CDC Eviction Protections

In September 2020, the Center for Disease Control (CDC) passed a declaration recognizing that evictions hurt the public health measures being taken to slow the spread of COVID-19. This order temporarily prohibits residential evictions of covered tenants for nonpayment of rent from Sept 4, 2020 through July 31, 2021. The order temporarily expired but the Biden administration extended it effective August 3rd, 2021, through October 3rd, 2021. This means that tenants may be able to stay in their homes through October 3, 2021, if they qualify as having a COVID-19 related hardship.  
 
This order does not cancel or eliminate the rent owed by the tenant covered under this order. Tenants must use their best efforts to make timely partial payments that are as close to the full payment as their circumstances permit.  
 
 

Who is a “covered person” under the CDC Order? 

A “covered person” is any tenant, lessee, or resident of a residential property who meets at least ONE of the reasons in each column: 
 
Income Qualification 
(Must meet one of the following) 
AND 
Reason for Nonpayment  

I cannot pay my full rent or make a full housing payment because: 
(Must meet one of the following) 
​​☐​ I received a stimulus check (Economic Impact Payment) in 2020 or 2021 
​​☐​ My household income has gone 
down substantially 
​​☐​ I was not required to report any income to the IRS in 2020 
​​☐​ I have been laid off from work 
​​☐​ In 2020 or 2021, I earned (or expect to earn) less than $99,000 as an individual or less than $198,000 as a joint filer. You are likely to have earned under this amount if you receive any of the following benefits: 
  • Supplemental Nutrition Assistance Program (SNAP) 
  • Temporary Assistance for Needy Families (TANF) 
  • Supplemental Security Income (SSI) 
  • Supplemental Security Disability Insurance (SSDI) 
​​☐​ My work hours or wages have been cut  
 
 
​​☐​ I have extraordinary out-of-pocket medical expenses 
 

 

What do I do to claim protection under the CDC order?

You must provide a completed and signed copy of a declaration of COVID-19 hardship, under penalty of perjury, to the owner or agent of the residential property where you live. Tenants claiming this protection must confirm that each of the following statements are true:
  • The individual has used their best efforts to obtain all available government assistance for rent or housing
  • The individual meets the income requirement and has been economically impacted by COVID-19 as per the criteria in the chart above
  • The individual is using best efforts to make timely partial payments that are as close to the full payment as circumstance permit, considering other nondiscretionary expenses 
  • Eviction would likely render the individual homeless, or force the individual to move into a group or shared living setting, because the individual has no other available housing options.
The declaration may be signed and sent to your landlord either electronically or by hard copy. Each adult listed on the lease, rental agreement, or housing contract should complete the declaration. In certain circumstances, such as individuals filing a joint tax return, one member of the residence may provide a declaration on behalf of other adult residents that are part of the lease, rental agreement, or housing contract. 
 
 
Do not return your completed form to the CDC, but keep a copy for your records! You are NOT required to use the CDC's official sample form. Any written document presented to your landlord, if it contains the same information as the CDC declaration form, will be enough. You must sign whatever document you use, and include a statement saying you understand that you could be liable for perjury for any false or misleading statements or omissions in the declaration. 
 
 

More resources for tenants about the CDC order

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