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CDC Updates National Eviction Order FAQs

NAA has performed an in-depth review and industry analysis of the CDC's updated FAQs on their national eviction moratorium.

On April 13, the U.S. Centers for Disease Control and Prevention (CDC) released updated FAQs regarding the agency’s federal eviction moratorium order, which has been extended through June 30. The National Apartment Association (NAA) has performed an in-depth review of these FAQs and updated member guidance is available here.

Some important updates from the order are highlighted below:

  • While the CDC Order is intended to stay evictions through June 30, 2021, it is not intended to stop state and local court operations nor stop the filing of an eviction as long as the resident is not removed during the covered period.  
  • The Order itself does not require housing providers to make renters aware of the Order and Declaration. But consumer protection laws, such as the Fair Debt Collection Practices Act and the Federal Trade Commission Act, may require “landlords, or their agents" to do so.  
  • The FAQs make clear how the federal government intends to enforce the Order, including a reference to the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) announcement that they will step up enforcement efforts.   
  • While housing providers maintain the ability to move forward with eviction for lawful reasons other than nonpayment of rent, as outlined in the Order, individuals who are confirmed to have, have been exposed to, or might have COVID-19 and take reasonable precautions to not spread the disease should not be evicted on the grounds that they may pose a health or safety threat to other residents. 
  • Covered persons may submit any signed, written document in place of the declaration form if it includes the same required information. A translated form may be submitted, and the CDC has released an updated form in English as well as translations in other commonly spoken languages. 
  • If a renter has declared that they are a covered person under the CDC Order, but the housing provider does not believe the renter actually qualifies for protection under the Order, the housing provider can challenge the truthfulness of a renter’s declaration in any state or municipal court. 

It is important to remember that the CDC Order is being implemented differently in courts across the country. NAA members are encouraged to consult local counsel or their local NAA affiliate for additional details.