
On August 3, 2021, the Biden Administration and the Centers for Disease Control (CDC) announced that it is imposing a new moratorium on residential evictions for non-payment of rent. This new moratorium is scheduled to last two months and expire on October 3, 2021. Unlike the prior eviction moratorium that was nationwide and expired on July 31, 2021, this new moratorium is limited to counties that are experiencing substantial or high levels of COVID-19. Based upon various news reports, this new moratorium will apply to almost 90% of the U.S. population.
In determining whether a county is experiencing substantial or high transmission levels, the CDC intends to look at the number of new cases reported per 100,000 residents over a seven-day period and the positivity rate of that county. If the number of new cases in a county in the prior seven days, divided by the population of the county, then multiplied by 100,000 is between 50.99 and
99.9 and the percentage of positive tests in the prior seven days, divided by the total number of tests in the prior seven days is between 8% and 9.99%, then that county is experiencing substantial transmission levels and residential properties in that county are subject to this new CDC eviction moratorium. If the number of new cases in a county in the prior seven days, divided by the population of the county, then multiplied by 100,000 is 100 or greater and the percentage of positive tests in the prior seven days, divided by the total number of tests in the prior seven days is greater than 10%, then that county is experiencing high transmission levels and residential properties in that county are subject to this new CDC eviction moratorium.
For a tenant to be protected under this new moratorium, they must not only live in a county that is experiencing substantial or high COVID-19 infection levels, but they must also file a declaration under penalty of perjury setting forth the following:
- The tenant has used best efforts to obtain government assistance for housing,
- The tenant earned no more than $99,000.00 or $198,000.00 if filing jointly for the tax year 2020 or received a stimulus check,
- The tenant is unable to pay rent,
- The tenant is using best efforts to make partial rent payments, and
- The eviction will make the individual homeless or forced into a close-
quarters living situation.
Presently, every county in the State of Florida is experiencing either substantial or high transmission levels, so the CDC eviction moratorium will apply in every county in Florida. In the State of Georgia, every county except Lincoln, Quitman, Webster, and Glascock is experiencing substantial or high transmission levels. The counties in which this applies is subject to change, so if you are dealing with an eviction in a particular county, you should check for up-to-date data.
If you have any questions or concerns about the new moratorium, its application to mortgage foreclosures or any other matters related to creditor’s rights, please do not hesitate to reach out to one of the attorneys at Sorenson Van Leuven, PLLC.