CDC Extends Eviction Moratorium Until June 30, 2021
On Monday, May 30, 2021, the CDC Issued an Order extending the Eviction Moratorium until at least June 30, 2021.
The "guts" of the Order remain the same from the November 2020 Order which I have previously discussed in an earlier blog post.
Some of the modifications that were made in this most recent Order include the following:
1. Moratorium is extended until June 30, 2021
2. A signed Declaration by a tenant submitted under a previous order remains valid notwithstanding the extension and modification of the Order. Covered persons do not need to submit a new declaration under this most recent Order.
3. While the Order does not prohibit evictions for engaging in criminal activity while on the leased premises, covered persons may not be evicted on the sole basis that they are alleged to have committed the crime of trespass (or similar state-law offense) where the underlying activity is a covered person remaining in a residential property despite nonpayment of rent.
4. Individuals who are confirmed to have, who have been exposed to, or who might have COVID-19 and take reasonable precautions to not spread the disease should not be evicted on grounds that they pose a health or safety threat to other residents.
As usual some of the language of the Order addressing the modifications is not as clear as everyone would like. It will take time for this to flesh out. The Courts and those of us that spend time in Court are learning new things every day.
While the extension of the Order may not be good news to all housing providers, it was certainly anticipated, since so much money has been set aside for emergency rental assistance. Back in December of 2020 an additional $25 billion was set aside for emergency rental assistance in the U.S. for the payment of rent and rental arrears. An additional $21.55 Billion in emergency rental assistance was provided under the American Rescue Plan in 2021 for renters and housing providers in the U.S.
Milwaukee County and Waukesha County have already received the emergency rental assistance from the first $25 Billion and it is being disbursed by Community Advocates and other agencies. Also, Landlords are allowed to complete the application for their residents for this new round of money, although I have heard that this is not always being followed. So if your resident owes you past rent and/or is unable to pay their current rent make sure that you are reaching out for assistance. Some of the agencies that my clients have had the most success with have been Mediate Milwaukee and Community Advocates.
With so much money in the pipeline and the third round not yet even available, I foresee the moratorium continuing throughout all of 2021.
