The CDC declared an eviction moratorium that protects eligible residents from being evicted for nonpayment of rent through Dec. 31. Credit: Dreamstime via TNS
Renters unable to pay rent on time can be saved from eviction through the new year, but students may have a difficult time qualifying for relief.
The Centers for Disease Control and Prevention declared a nationwide halt on evictions for failure to pay rent Sept. 4. The eviction moratorium is meant to lessen the spread of COVID-19 and keep people who are sick or at risk of serious illness safe by allowing them to stay in one place to quarantine, according to the CDC website.
“These orders also allow state and local authorities to more easily implement stay-at-home and social distancing measures,” the website states. “Housing stability helps protect public health because homelessness increases the likelihood that people may move into close quarters in homeless shelters or other settings.”
The CDC states in order to be eligible, a person must meet the following criteria:
- Best efforts must be made to obtain all available government assistance for rent and housing
- Expect to earn less than $90,000 in annual income for 2020 (no more than $198,000 for joint filing)
- Be unable to make a full payment because of significant income loss or medical expenses
- Best efforts must be made to pay as close to full payment as possible;
- And if evicted, would likely become homeless and have to move into a shelter or a shared residence with close quarters.
Frank Kremer, a civil staff attorney at Student Legal Services, said every adult on the lease has to qualify to be eligible for the exemption, which, for student renters, often means roommates who share a joint lease.
“If you’re on a lease with multiple roommates and every one doesn’t qualify, then that creates an issue,” Kremer said.
Kremer said students should also be aware that eligibility does not mean they do not have to pay rent. The CDC’s website states that any unpaid rent and late fees as a result of not paying on time during the period of the order will still be owed to the resident’s landlord once the order expires.
Any residents with evictions that began before Sept. 4 for not paying that have not yet been completed are subject to the protections under the order, according to the website. Evictions that occurred before Sept. 4 do not apply.
Kremer said eligible individuals should keep copies of all documentation that may help prove they meet the order requirements, such as proof of income and applications for housing assistance or resources.
The order solely applies to non-payment evictions, so violation of a building’s health and safety codes, significant damage to the property, presence of illegal drugs, and threats to the health and safety of other residents could cause qualifying residents to still be legally evicted, Kremer said.
Kremer said students should schedule an appointment with SLS to go over the order and see if it applies to them, since every case is different.
“Very rarely are there necessarily blanket answers that will apply to every situation. So we like to take a look at it on a case-by-case basis to see if this might apply to a student, or if it doesn’t, what other options that they might have,” Kremer said.
Eligible individuals can fill out a form from the CDC and provide it and other required documentation to their landlord to declare intent, according to the website. The form is available in available English but can be completed in another language.
Residents should submit the signed declaration to their landlord by hard copy or electronically. The form should not be returned to the CDC.
Students can schedule an appointment with SLS online or by calling the office during business hours at 614-247-5853.
Editor’s note: A previous version of this story said the eviction moratorium application was available on the CDC website in multiple languages. The application is available in English but can be completed in any language, and the story has been updated to reflect this clarification.
