Late yesterday (August 3, 2021), the Centers for Disease Control (CDC) issued a new eviction moratorium effective immediately and running through October 3, 2021. Although this is a new moratorium, it basically matches the previously moratoriums with a small change regarding the spread of COVID-19 within counties.
It applies to those counties that are considered to have “high” or “substantial” community transmission levels for COVID-19. A county must fall below “substantial” for 14 days before the moratorium would not apply to it.
Click here for the COVID tracker by county
Under the new order, landlords in areas deemed to have high or substantial levels of COVID-19 cannot evict a resident for non-payment of rent when the resident signs the CDC declaration (the same as prior CDC eviction restrictions). A landlord can challenge the declaration in court, if they can prove that one of more statements in the declaration are materially inaccurate.
There have been various legal challenges questioning the CDC’s legal authority to extend the eviction moratorium. This new extension will likely face legal challenges as well, but it will remain in place until at least October 3rd if it holds.
