To take advantage of the limited, federal eviction moratorium effective September 4, 2020, announced by the Centers for Disease Control and Prevention (CDC), the tenant(s) must provide a copy of a written declaration to the landlord or other person who has a legal right to have the tenant evicted or removed. Each adult listed on the lease, rental agreement, or housing contract should sign a declaration affirming, under penalty of perjury, numerous facts, including that the signer:

  • Has used best efforts to obtain all available government assistance for rent or housing;
  • Expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), OR was not required to report any income in 2019 to the U.S. Internal Revenue Service, OR received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
  • Is unable to pay the full rent or full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
  • Is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and
  • If evicted, likely would become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because the signer has no other available housing options.

In the declaration, the signer also must acknowledge that the other obligations of the tenancy, lease agreement, or other housing contract are not affected by the CDC moratorium—including responsibility to make the rent or housing payments and pay late fees and other charges that accrue. For one version of the required form, you may click on written declaration. (The declaration should reflect the extended period of the eviction moratorium.) 

As mentioned on EHI's Home Page, the CDC moratorium does not apply to foreclosures on home mortgages. For information on federal protections regarding foreclosures, see, e.g., U.S. Consumer Financial Protection Bureau, Coronavirus: Mortgage and housing assistance. 

For further information about eviction protections for tenants and homeowners at the state and local levels during the pandemic, you may click on EVICTION PROTECTION INFO WEBSITES. Other relevant information is given in EHI’s article, CARES ACT EVICTION MORATORIUM LAPSES AMID RECENT SURGE IN COVID-19 CASES AND DEATHS.