Currently there is a nationwide affordable housing crisis that is bumping into the ongoing COVID - 19 Pandemic. This has been an ongoing situation since the winter of this year, and is particularly impactful on low-income renters. In order to combat the spread of COVID - 19, the Federal government, along with state governments throughout the country, imposed a moratorium on evictions.
As the spring morphed into summer, and in part due to a premature declaration of victory over the virus, the federal moratorium was allowed to expire. And as the states opened their courts to normal business, evictions resumed. Some states, Rhode Island being one, took some of the federal relief money and allocated those dollars to an eviction diversion program in hopes that evictions could be avoided.
On September 4, the Center For Disease Control entered into the Federal Register an order declaring a moratorium on evictions until the end of 2020. Citing the historic threat to public health posed by the COVID virus, and the probability that too many evicted tenants would either relocate to friends or relatives' households or end up homeless. Either outcome would exacerbate the spread of the virus, thus posing a public health hazard.
Evidently, many tenants do not know about this moratorium or its application. There are several things to consider as enumerated below:
First, and most important: THIS MORATORIUM PROTECTION IS NOT AUTOMATIC. The tenant must act proactively to avail herself to its protections.
Second: the tenant must file with the landlord a proper form found on the CDC website, available here - https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf
On this form, the tenant attests that he/she cannot pay the rent and that if evicted, the tenant would need to move in with friend or relative, or become homeless; that the tenant has applied for every public benefit available to her; that the tenant's expected 2020 income falls below the cited income limits; that COVID - 19 Pandemic caused a reduction or loss of household income or that it caused the tenant to incur additional medical expenses; and that the tenant is using all available assets to make at least partial rent payments.
The tenant must also confirm his understanding that he is still required to make rent payments or be deemed in default once the moratorium expires, subjecting the tenant to eviction.
Do not lie on the form. This is a sworn statement by the tenant, exposing her to perjury charges if information contained therein is knowingly false.
This is a Moratorium solely applies to evictions for non-payment of rent. It is NOT a Moratorium on evictions for other, non-payment, reasons. Other breaches of the lease can expose a tenant to eviction from the tenant's dwelling.
To be clear, this Moratorium is NOT a rent forgiveness program, it's at best a rent deferral program. Moreover, this protection is not automatic as the tenant must complete the form and give it to her landlord.
Moreover, the tenant must make any rental payments that she is able to make. This moratorium DOES NOT relieve tenants from tendering rent payments that the tenant is able to make. So there's no windfall.
Finally, to any tenants reading this: if you are required to attend an eviction hearing, attend it. Before attending any hearing, seek legal counsel either from the local legal services/legal aid organizations or through the local bar association. Your chances of a fair(er) hearing are greatly enhanced if you're represented by counsel than if you self-represent yourself. And don't think that the court will ask if you've heard about the CDC Moratorium, anecdotal evidence suggests that the court won't. Your case is just one of dozens of cases that may be on the court's calendar and simply stated, they haven't the time.
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