CDC Eviction Halt Order

The CDC moratorium ended on August 26, 2021.

• CDC Order and CDC Declaration for Tenants
• For Tenants:  fact sheet and declaration in numerous languages
• Advocate Primer – NHLP’s Analysis of August 2021 CDC order
• FAQ for Renters in English and Overview of Moratorium
• Fact Sheet and Declaration for Renters created by the Alliance for Housing Justice and National CAPACD

Is My County Currently Covered by the CDC Eviction Moratorium?

This step-by-step guide includes instructions to find out whether your county is covered by the CDC eviction order. Importantly, the instructions describe what to do if a county falls below the “substantial” or “high” rate required for the order’s protection.

CDC Moratorium Advocate Primer

Advocate Primer on CDC Eviction Halt Order 2.0.  Answers key questions and summarizes most important arguments advocates will need to be prepared to make in representing tenants contesting eviction under the new CDC eviction halt imposed August 3, 2021.  Also contains practice tips and links to resources for advocates in local jurisdictions resistant to honoring CDC order.

Information and Analyses about Previous Iterations of the CDC Order

Some of this information may still apply  to the current order.

NHLP’s Legal Analysis of March 29, 2021 CDC 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 of the September 2020 CDC Order and the FAQ including:
  • 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?
• Letter requesting an extension of the CDC order sent by NHLP and the National Low Income Housing Coalition (October 26, 2020)
• 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

• 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)