HHS/CDC Temporary halt in residential evictions to prevent the further spread of COVID-19 : frequently asked questions
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HHS/CDC Temporary halt in residential evictions to prevent the further spread of COVID-19 : frequently asked questions

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    This non-binding guidance document shares the views of the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS), U.S. Department of Housing and Urban Development (HUD), and U.S. Department of Justice (DOJ) on frequently asked questions about the CDC Order entitled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, 85 Fed. Reg. 55,292 (Sept. 4, 2020). This guidance document does not create or impose any obligations on any member of the public or any entity beyond those established by the Order. This guidance document is not a comprehensive summary of the duties and obligations under the Order. Individuals should seek the assistance of a legal aid program or private legal counsel (as applicable)1 for questions relating to the application of the Order to their individual circumstances.

    On December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021. Section 502 of Title V of Division N of that Act extends the expiration date of the CDC Order titled, "Temporary Halt in Residential Evictions to Prevent the Spread of COVID-19" (85 Fed. Reg. 55292, September 4, 2020). The new expiration date is January 31, 2021 unless extended, modified, or rescinded. Section 502 does not make any changes to the September 4, 2020 CDC Order other than to extend its expiration date.

    The Order temporarily halts residential evictions of covered persons for nonpayment of rent during September 4, 2020, through January 31, 2021. This means that a landlord, owner of a residential property, or other person with a legal right to pursue an eviction or a possessory action cannot evict for nonpayment of rent any covered person from any residential property in any U.S. state or U.S. territory where the Order applies. We explain where the Order applies and who is covered later in this document.

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  • Content Notes:
    Introduction -- What does the Order do? -- What does CDC mean by “eviction”? -- Who is a “covered person” for purposes of this Order? -- Frequently Asked Questions: How does someone use this protection?; Has CDC provided a declaration form that eligible individuals can complete and submit to their landlord?; I have already been evicted. Does this Order apply to me?; If I am a covered person, do I still owe rent to my landlord?; How can CDC help me from being evicted?; Who do I contact to appeal an eviction decision made against me?; Is CDC providing rental assistance?; Where does the Order apply?; Can I still be evicted for reasons other than not paying full rent?; How can people find government rental assistance?; What types of residential properties are covered by the CDC’s order?; What is CDC’s legal authority for issuing this Order?; Why did CDC issue this Order?; Do landlords have to make their tenants aware of the CDC order and Declaration?; What does it mean when a tenant has declared themselves to be a covered person under the CDC Order?; What can a landlord do if a tenant has declared that they are a covered person under the CDC Order, but the landlord dodoes not believe the tenant actually qualifies?; If a landlord initiated an eviction for nonpayment of rent before September 4 (the effective date of the CDC Order) but has not completed the eviction, does the CDC Order provide eviction protections for the tenant?; What are the penalties for a landlord, owner of a residential property, or other person with a legal right to pursue an eviction or a possessory action violating this Order?; What if individuals act in bad faith when completing and submitting the declaration?; How does the federal government intend to enforce this Order?
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