The Centers for Disease Control (CDC) has extended the federal moratorium on evictions until December 31, giving tenants who were in danger of eviction more time to prepare for being removed from their apartments. In extending the moratorium, the CDC cited concerns that evicting people right now would place them at high risk of homelessness, which could facilitate the spread of the coronavirus. However, not everyone can benefit from this eviction moratorium, and landlords may be able to go forward with an eviction if a delinquent tenant does not follow the appropriate procedure.
The federal moratorium on evictions against residential tenants was originally put into place in March as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act in March. Originally, it was meant to end in July, but it has since been extended multiple times, most recently to its current December 31 date. The rationale behind the extension, which was issued by the CDC, was that evicting people right now would make it very likely for them to become homeless, which would force many of them into crowded homeless shelters where the coronavirus could easily spread.
However, unlike the original CARES Act moratorium, this extended moratorium comes with a few caveats for anyone who wants to avoid being evicted from their homes. First, it does not apply to individuals making more than $99,000 a year, or more than $198,000 as a jointly-filing couple. Second, it does not apply to people who are being evicted for reasons unrelated to their economic circumstances, such as anyone who violates the terms of their lease agreement. Third, to gain the benefit of this moratorium, they must submit a declaration stating the tenant cannot pay due to a decline in income related to the coronavirus, that they have made best efforts to pay their rent and that they have sought economic relief.
It is worth noting that this is different from the New York State moratorium on evictions, which is currently set to expire on October 1. The state moratorium may protect individuals that the federal moratorium does not. Thus, if you are looking to evict a delinquent tenant who is behind on their rent, you should consult an attorney experienced in landlord-tenant disputes who can help you determine your legal options.
The attorneys at Blodnick, Fazio & Clark are ready to assist you in your landlord-tenant dispute. With offices conveniently located in Garden City, Nassau County, and Babylon, Suffolk County, the firm provides high-quality legal care at reasonable prices. If you require legal assistance concerning evictions, rent disputes or other landlord-tenant issues, call (516) 280-7105 or fill out our contact form for a free consultation.
