CDC Housing Moratorium Update

COVID-19 Eviction Suspension through March 31, 2021

To control the spread of COVID-19, the Centers for Disease Control (CDC) has made an eviction suspension order. The order is for the entire United States.

What does the order do? The CDC order delays some evictions until March 31, 2021.

Are all evictions are suspended? No. The order postpones many evictions, including those for nonpayment of rent, fees, and other charges. It does not stop evictions for criminal activity on the property, threatening other residents, damaging property, violating health and safety codes, or breaking the lease for something besides nonpayment.

Will tenants still owe rent while evictions are postponed? Yes. Tenants owe rent while they live in a place, even if the court eviction process is delayed.

HOW TO GET THE PROTECTION OF THE CDC ORDER

FIRST, tenants must read a statement to see if it true to them. The statement is called a Declaration (download below).

SECOND, if the Declaration is true for the tenant, the tenant must sign it under oath. Each adult in the residence for whom the Declaration is true should also sign one. Tenants may want to keep photocopies for their own records.

SECOND, the tenant must give a copy of the Declaration to the landlord, or the owner of the rental place, or to another person with the right to evict the tenant.

When does the protection take effect? It takes effect when the tenant delivers a signed copy of the Declaration to the landlord. If the tenant can’t get a receipt, it would be wise to have a witness see the tenant give the Declaration to the landlord. The witness should be an adult who does not live with the tenant and is not related to the tenant by blood or marriage.

What if the tenant has an eviction court date? The tenant may go to court and ask the magistrate or judge to stop the eviction. The tenant may take a copy of the Declaration to court. 

What if an eviction hearing has already happened? Within ten days after court, the tenant may go to the courthouse to make an appeal.  When the tenant gives the clerk the appeal documents, the tenant may file the Declaration with the Notice of Appeal.

What if the ten days for appeal have ended? The tenant may want to talk with a lawyer. The tenant may still be able to stop the eviction process.

Where can tenants get legal help? Tenants may apply for free help from Legal Aid of North Carolina. They may call 866.219.5262.

Warning: Tenants should not make any misleading, false, or incomplete statements in the Declaration. They could go to jail or be ordered to pay a fine.

DOWNLOAD DECLARATION & INSTRUCTIONS

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