In September, the Center for Disease Control and Prevention (CDC) issued an order to temporarily halt residential evictions to prevent the further spread of COVID-19. The CDC Order is extended until March 31, 2021.
CDC Order: "Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19"
The Director of the CDC signed a declaration stating that evictions of tenants could be detrimental to public health. To qualify for the Order, tenants (each adult on the lease) must submit a signed declaration to their landlord or property owner that states:
The Centers for Disease Control have made sample declaration forms available here: https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html. To be protected by the CDC Order, tenants must sign the declaration form and provide a copy to their landlord or property manager and documenting the date, time, and how the copy was delivered (email, mail, hand delivered).
Evictions for other lease violations are not covered by the CDC Order.
For more information about eviction and to find help, visit AZEvictionHelp.
CARES Act – Eviction Filings & Fees
* EXPIRED JULY 25, 2020 *
On March 27, 2020 Congress passed and the President signed into law the Coronavirus Aid, Relief, and Economic Stability (CARES) Act. Among the many provisions, the Act provided moratorium on eviction filings for properties financed by certain federal loan programs, including Fannie Mae and Freddie Mac. The CARES Act went into effect immediately and expired July 25, 2020. The CARES Act stated:
§ 4024. Temporary moratorium on eviction filings.
. . .
(b) MORATORIUM.—During the 120-day period beginning on the date of enactment of
this Act, the lessor of a covered dwelling may not—
(1) make, or cause to be made, any filing with the court of jurisdiction to initiate
a legal action to recover possession of the covered dwelling from the
tenant for nonpayment of rent or other fees or charges; or
(2) charge fees, penalties, or other charges to the tenant related to such
nonpayment of rent.
This meant that if the rental property is financed with a federally backed mortgage, the CARES Act stated that legal action for eviction because of non-payment of rent may not be filed. In addition, the tenant may not be charged late fees, penalties or other charges related to the non-payment of rent. The U.S. Department of Housing and Urban Development (HUD) has offered guidance on the application of this Act, making clear that actions were not be filed under the Act regardless of whether the tenant was directly affected by COVID or not.
Fannie Mae and Freddie Mac, federal mortgage companies, offer websites that allow tenants and the public to search records and discover if a specific property is covered by their financing. To search whether a rental property is federally financed and subject to the CARES Act protections, visit: https://www.knowyouroptions.com/rentersresourcefinder with Fannie Mae and https://myhome.freddiemac.com/renting/lookup.html with Freddie Mac. The Fannie Mae and Freddie Mac search tools do not include all the federal financing covered by the CARES Act.
If a tenant received notice of eviction action between March 27, 2020 and July 25, 2020, and the rental unit was protected under the CARES Act, contact one of Arizona's legal aid programs for help.
CDC Order: "Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19"
The Director of the CDC signed a declaration stating that evictions of tenants could be detrimental to public health. To qualify for the Order, tenants (each adult on the lease) must submit a signed declaration to their landlord or property owner that states:
- I have used best efforts to obtain all available government assistance for rent or housing;
- I either expect to earn no more than $99,000 in annual income for Calendar Year 2021 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2020 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
- I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, layoffs, or extraordinary out-of-pocket medical expenses;
- I am 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;
- If evicted I would likely 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 I have no other available housing options.
- I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not payment rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.
- I further understand that at the end of this temporary halt on evictions on March 31, 2021, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws.
The Centers for Disease Control have made sample declaration forms available here: https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html. To be protected by the CDC Order, tenants must sign the declaration form and provide a copy to their landlord or property manager and documenting the date, time, and how the copy was delivered (email, mail, hand delivered).
Evictions for other lease violations are not covered by the CDC Order.
For more information about eviction and to find help, visit AZEvictionHelp.
CARES Act – Eviction Filings & Fees
* EXPIRED JULY 25, 2020 *
On March 27, 2020 Congress passed and the President signed into law the Coronavirus Aid, Relief, and Economic Stability (CARES) Act. Among the many provisions, the Act provided moratorium on eviction filings for properties financed by certain federal loan programs, including Fannie Mae and Freddie Mac. The CARES Act went into effect immediately and expired July 25, 2020. The CARES Act stated:
§ 4024. Temporary moratorium on eviction filings.
. . .
(b) MORATORIUM.—During the 120-day period beginning on the date of enactment of
this Act, the lessor of a covered dwelling may not—
(1) make, or cause to be made, any filing with the court of jurisdiction to initiate
a legal action to recover possession of the covered dwelling from the
tenant for nonpayment of rent or other fees or charges; or
(2) charge fees, penalties, or other charges to the tenant related to such
nonpayment of rent.
This meant that if the rental property is financed with a federally backed mortgage, the CARES Act stated that legal action for eviction because of non-payment of rent may not be filed. In addition, the tenant may not be charged late fees, penalties or other charges related to the non-payment of rent. The U.S. Department of Housing and Urban Development (HUD) has offered guidance on the application of this Act, making clear that actions were not be filed under the Act regardless of whether the tenant was directly affected by COVID or not.
Fannie Mae and Freddie Mac, federal mortgage companies, offer websites that allow tenants and the public to search records and discover if a specific property is covered by their financing. To search whether a rental property is federally financed and subject to the CARES Act protections, visit: https://www.knowyouroptions.com/rentersresourcefinder with Fannie Mae and https://myhome.freddiemac.com/renting/lookup.html with Freddie Mac. The Fannie Mae and Freddie Mac search tools do not include all the federal financing covered by the CARES Act.
If a tenant received notice of eviction action between March 27, 2020 and July 25, 2020, and the rental unit was protected under the CARES Act, contact one of Arizona's legal aid programs for help.