Jim Valentine: temporary stop of CDC deportations
The director of the Centers for Disease Control has just signed an extension of the order to stop residential evictions temporarily to prevent the spread of COVID-19.
With all the talk of state and national deportation moratoria, and federally guaranteed loans, we thought it was time to probe the reality of this temporary shutdown. It was not Governor Sisolak’s order for Nevada that was also recently extended.
The first thing to recognize is that this is not a blanket ban on evictions. To not be deported, you must be a “covered person”.
An “insured person” is any tenant who provides their landlord with a statement under penalty of perjury that:
1. The person did their best to obtain government assistance for rent or housing;
2.the individual has not earned more than $ 99,000 ($ 198,000 jointly) in 2020 or does not expect to earn more than $ 99,000 ($ 198,000 jointly) in 2021, ii) was not required to report any 2020 income to the IRS, or (iii) received an economic impact payment (stimulus check).
3. Individual is unable to pay full rent due to substantial loss of household income or extraordinary medical expenses.
4. The individual does his best to make timely partial payments that are as close to full payment as the individual’s circumstances allow, taking into account other non-discretionary expenses; and
5. Eviction would likely make the individual homeless, or force the individual to move in and live in nearby neighborhoods in a new collective or shared living space – because the individual has no other options available.
A footnote in the order reads: “A person is eligible for protection under this order if they receive the following benefits: Temporary Assistance to Needy Families (TANF); b. Supplementary Nutritional Assistance Program (SNAP); vs. Supplementary Disability Income (SSDI) to the extent that the income limits for these programs are less than or equal to the income limits for this order. “
The ordinance must be interpreted and implemented in such a way as to achieve the following objectives: Mitigate the spread of COVID-19 in overcrowded, collective or shared living environments, or through homeless homelessness; Mitigate the spread of COVID-19 from one state or territory to any other state or territory; Mitigate the spread of COVID-19 by temporarily suspending the eviction of covered persons from residential property for non-payment of rent; and Support COVID-19 response efforts at federal, state, local, territorial and tribal levels.
The penalties for violating the ordinance are severe. A person who violates the order may be liable to a fine of up to $ 100,000 or one year in jail, or both, if the violation does not result in death, or $ 250,000 or one year. imprisonment, or both in the case of death. . Both landlord and tenant must do whatever it takes to avoid a much more dramatic impact on their lives than non-payment of rent or an eviction.
Our advice: Tenants can find a standardized declaration form created by CDC online at https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf. However, they are not required to use the CDC form. Any written document that an eligible tenant presents to their landlord will comply with the order as long as it contains the required “covered person” elements. All such statements must contain a statement that the tenant understands that they may be liable for perjury for false or misleading statements or omissions. The landlord can challenge the veracity of a tenant’s statement.
Regardless of how it affects you, integrity is of the utmost importance between you and your landlord. You are in the same boat, so make sure you are honest and take care of each other.