On September 4, 2020, the Centers for Disease Control (CDC) issued a Notice and Order under Section 361of the Public Health Service Act. To prevent the further spread of COVID-19, the Order is a temporary halt in residential evictions. This Order is separate from the now expired eviction moratorium in Section 4024 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
The Order applies to all tenants in the country (including assisted renters) who are subject to eviction for nonpayment of rent and who submit a Declaration as described in the Order (see below). The Order has been extended through March 31, 2021.
Under the Order, tenants cannot be evicted for nonpayment of rent, provided the tenant signs the Declaration that is attached to the CDC Order.
NOTE: Any resident who chooses to sign the Declaration, should read it carefully. There are penalties associated with submitting false statements.
Tenant: Perjury – 5 years in jail and/or fine
Individual landlords: 1 year in jail and/or $100,000 fine ($250,000, if death)
Organizational Landlords: $200,000 ($500,000 if death)
Enforced by the US Department of Justice