CDC Eviction Moratorium
NHLP’s Legal Analysis of March 29, 2021 Order (effective date April 1, 2021) This memo addresses questions posed by this extension of the CDC order through June 30, 2021. (Memo date: March 30, 2021)
Terkel v. CDC Judgment
Analysis/Legal Memorandum regarding a Texas federal court ruling that the CDC Order on Evictions is unconstitutional. The ruling is a declaratory judgment and only applies to the plaintiffs in the case. The CDC moratorium remains in effect for all other landlords and tenants. The Department of Justice has appealed the case. (March 1, 2021) Brief responding to landlord’s motion in Columbus, Ohio case for for eviction judgment against covered tenant on grounds that CDC eviction halt order is unconstitutional. Discusses Terkel v. CDC case and other federal opinions regarding constitutionality of CDC order. Drafted by Kaci Philpot, Zach Bowerman, and Jyoshu Tsushima of Legal Aid Society of Columbus with supervision of Melissa Benson. (March 4, 2021)
Memorandum on Application of CDC Order to Lease Expiration and No-Cause Eviction Notices Legal memorandum reviewing all reasons why the CDC halt order and accompanying FAQ document should be interpreted not to allow evictions of covered tenants based on mere lease expiration or issuance of “no cause” tenancy termination notices to month-to-month tenants. Also discusses advocacy strategies for challenging no-cause evictions (in courts that allow them) by demonstrating through circumstantial evidence that such evictions are motivated by nonpayment of rent. (February 11, 2021)
Letter to CDC and DOJ about State Court Violations of Moratorium NHLP and the American Civil Liberties Union wrote to the U.S. Department of Justice and the Centers for Disease Control and Prevention regarding alarming developments in some parts of the country that frustrate the implementation of the federal eviction moratorium, and urged the agencies to act swiftly. (February 8, 2021)
Summary and Analysis of COVID Relief and FY 2021 Spending Bills Congress passed a COVID relief package in December 2020, which includes an extension of the CDC moratorium and rental assistance, and a fiscal year 2021 spending bill that includes funding for HUD and affordable housing programs.
Legal Analysis of Congressional Extension of CDC Eviction Halt Order This memo addresses various questions arising in the aftermath of the Consolidated Appropriations Act, Sec. 502, which extended the CDC eviction halt order to January 31, 2021.
On September 4, 2020, the Centers for Disease Control and Prevention (CDC) issued an order entitled “Temporary Halt in Residential Evictions.” NHLP issued this statement in support of the move. On October 9, 2020, the CDC issued this FAQ, which undermines the public health intent of the CDC order and will result in increased evictions and eviction-related consequences for tenants. Instead of promoting public health and ensuring that tenants can remain in their homes, the CDC, DOJ, and HUD have opened the door for unscrupulous landlords to exploit loopholes in the order. This puts the nation’s most vulnerable families more at risk of eviction.
- NHLP’s legal analysis takes into account both the order and the FAQ and includes:
- An overview of the order and the FAQ
- Judicial challenges to the CDC Order and the FAQ
- Geographical applicability
- Covered housing and covered persons
- Types of evictions that are prohibited and the how stages of the eviction process are affected.
- NHLP’s Legal Analysis of the September CDC Order, which answers:
- Where does the order apply?
- What housing is covered?
- What types of evictions are prohibited?
- Who is a “covered person?”
- Which stages of the eviction process does the order block?
- Fact Sheet and Declaration for Renters created by the Alliance for Housing Justice and National CAPACD
Arabic | بیان†حقائق†وقف†الإخلاء†.C.D.C
Bangla | জাতীয় উচ্ছেদ স্থগিতাদেশ সম্পর্কে জানা
Chinese | 美国疾病控制中心延迟驱逐租户符合条件对照表
Creole | Sa ou dwe Konnen sou Moratoryom sou Degèpisman C.D.C a
English | C.D.C. Eviction Moratorium Fact Sheet
Hmong | Nkag Siab Lub Teb Chaws Qhov Txwv Kev Laib Tawm Tsev
Khmer | កាារយល់់ដឹឹងអំំពីីកាារផ្អាាកកាារបណ្ដេេញចេញថ្នាាក់់ជាាតិ
Korean | 전국 퇴거 유예 조치의 이해
Lao | ໃນວັນທີ 1 ເດືອນກັນຍາ, ກົມຄວບຄຸມພະຍາດ (C.D.C)
Mongolian | Үндэсний Хэмжээнд Албадан Нүүлгэлтийг Хойшлуулах Талаар Өгөх Ойлголт
Nepali | भाडावाललाई घर निकाला हुनमा लगाइएको राष्ट्रिय रोकबारे बुझ्नुपर्ने कुरा
Punjabi | ਨੈਸ਼ਨਲ ਬੇਦਖਲੀ ਮੋਰਚੇ ਨੂੰ ਸਮਝਣਾ
Spanish | Hoja informativa de la moratoria de desalojos de los Centros para el Control de Enfermedades
Tongan | Peesi Uluaki mo hono fakaikiiki
Urdu | گ†ھر†س†ب†ےے†د†خلک†ی†ےج†ا†ن†ےپ†ر†پانبدی†کےقو†میبا†ضطا†ہ†ح†کم†کو†سجمھ
Vietnamese | CDC. Thông tin về lệnh tạm thời cấm trục xuất
- Letter requesting an extension of the CDC order sent by NHLP and the National Low Income Housing Coalition
- CDC Order (September 2020) and Tenant Declaration Form in English
- Declaration form in 20 additional languages on HUD’s website: Arabic, Amharic, Armenian, Chinese, French, German, Haitian Creole, Hindi, Italian, Khmer, Korean, Polish, Portuguese, Russian, Somali, Spanish, Spanish (Puertro Rican), Tagalog, Thai, Vietnamese
- Additional translations created by the National Low Income Housing Coalition and legal services organizations: Burmese, Chinese (Simplified) and Chinese (Traditional), Hmong, Punjabi, Somali
- FAQ for Renters in English and in Spanish.
- Overview of the CDC Order
- Letter to FHFA, HUD, Treasury, and USDA from NHLP and the National Low Income Housing Coalition to take immediate action to ensure renters living in federally supported properties know their rights under the CDC eviction moratorium (September 17, 2020)