What the CDC Eviction Moratorium Ending Means for Renters

The federal moratorium on evictions has been in effect since March 2020, part of the initial CARES Act, and a welcoming policy to protect renters affected by financial hardships during the COVID-19 pandemic. However, as the end of July approached, many wondered what would happen as the moratorium came to an end on July 31st — especially as the nation is seeing an alarming spike in COVID-19 cases in areas with lower vaccination rates.

In response to the continuing threat of COVID-19 (and an increase in cases across the nation), the federal government announced an extension of its halt on evictions until October 3rd, 2021 – but this one is a bit more complex, and largely applies to areas with “rapidly increasing” cases of COVID-19.

So what does this all mean for renters, and how do you know if you live in an area that’s included in the new moratorium?

Below we will break down the new order and offer some resources for renters to get further information. While things are constantly changing throughout this difficult time, we published a piece in June with many resources that are still relevant to renters, so be sure to check it out for extra resources.

Breaking Down the Moratorium Extension

The federal government announced that the new moratorium should cover many of the nation’s renters in need, an especially important announcement as a recent study showed that approximately 14.3 percent of households were behind on their rent, and almost 10 percent felt they would be unable to make next month’s rent.

The new order is similar to the last one in that people still need to be proactive and, in most cases, apply for government assistance. It’s also wise to check potential resources at both the local and state levels, as many areas are offering their own brands of assistance unrelated to the federal order. Los Angeles County, for example, has banned evictions through September 30th, 2021.

As with the last order, the new one does not prohibit late fees, nor does it provide assistance for rent that is back-owed. It also doesn’t prevent evictions in cases of other lease violations like criminal activity and negligent conduct. The new order is also not retroactive, meaning that any evictions completed between August 1st and 3rd (when the order was enacted), are not subject to the moratorium. However, uncompleted evictions in that time do fall under the new order.

Because the new order is based on the number of COVID-19 cases in your area ( i.e. substantially high number of cases over 14 consecutive days), it’s more important than ever to stay informed, because things could change fast. Those renters already subject to evictions because of unpaid rent could especially be at risk, as courts may choose to resume eviction proceedings in areas with no COVID-19 protections in place.

Resources for Renters

While state and local pandemic protections for renters vary, there are many federal resources that renters can check to keep updated on the latest information (many of which will help you search by state, as well).

The U.S. Department of the Treasury’s website has a list of Emergency Rental Assistance (ERA) resources to help both landlords and tenants find programs in their area. They also help you find programs by states, territories, and Tribes and Tribally Designated Housing Entities (TDHEs).

The U.S. Department of Housing and Urban Development (HUD) continues to be an incredible resource for renters, and they can help you learn a lot more about HUD rental assistance programs. HUD also offers a state-by-state breakdown of housing organizations for those in need of emergency homeless assistance.

The National Low Income Housing Coalition (NLIHC) is a great place to learn more about policy initiatives for renters, current news, and housing needs by state. They also have information on the new moratorium, and a list of resources for renters that you can find here.

The Consumer Financial Protection Bureau (CFPB) offers resources for renters, including a place for renters to get started with filling out a CDC Declaration if they haven’t already done so. This is essential to those who wish to be protected under the moratorium. There are also places where renters can search for programs in their area.

The nonprofit organization 211.org can also help renters connect with community services in their area. They also have a place where you can learn more about pandemic assistance.

The coronavirus relief tool on DoNotPay.com can help renters learn more about what laws and ordinances may apply to them based on their location.

Freddie Mac and Fannie Mae back mortgages are prohibited from evicting tenants until September 30th, 2021. To find out more information and if your rental is covered by these eviction bans, see the FHFA information sheet.

NOLO also has a state-by-state breakdown of COVID-19 related tenant protections, which renters can check out here.

The most important thing is to know your rights as a renter. Contact a legal aid organization in your area to get help.

It’s also important to communicate with your landlord, even if you’re still protected under the moratorium. Work out a potential payment plan, ask about back rent, and stay informed about any changes to your lease.

There are many places to check the COVID-19 numbers in your area, including your local health bureau. However, CDC.gov is a good place to start, and organizations like the Mayo Clinic also have U.S. coronavirus maps.

The new moratorium on eviction bans doesn’t cover all renters, so it’s important to stay informed. Check any of the above resources for necessary information, and be sure to check back regularly as new things are constantly being added and information is always changing.