CDC Eviction Order FAQ Released

On Friday, October 9, 2020, the administration released a frequently asked questions (FAQs) document on the Centers for Disease Control and Prevention (CDC) Order temporarily halting evictions (the Order). These FAQs provide guidance from the following federal agencies and departments: the 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). The FAQs on the HHS/CDC Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 are available here.

The FAQ guidance provided is non-binding and does not create or impose any obligations on any members of the public or any entity beyond the obligations established in the Order itself. Tenants and landlords are encouraged to seek legal guidance and direction from legal aid programs or private legal counsel for questions related to specific aspects of the Order.

The FAQs defines “eviction” and focuses on the actual removal or cause of removal of a covered person from a residential property. It further provides that the Order is not intended to terminate or suspend actions through local or state courts or to prevent landlords from beginning eviction proceedings as long as the actual removal (eviction) does not occur during the Order period.

The FAQ also addresses the tenant declaration, and allows local and state courts to determine the validity or truthfulness of the tenant declaration, if requested by the landlord. The U.S. Department of Justice will conduct further enforcement of the Order, both on tenants and landlords.

For further details, please visit the NAHRO blog’s CDC Publishes Order Halting Residential Eviction post.