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Earlier this week the Centers for Disease Control (‘CDC’) announced that they would be issuing an order addressing the residential eviction crises across the country that has resulted from the impacts of the COVID-19 pandemic.  More details regarding that Order have been released today and we can now anticipate the impact that this Order might have.

This Order is effective through December 31, 2020 and DOES NOT cover breaches of a lease.

The Order provides a defense for ‘covered persons’ in landlord-tenant proceedings if they, under the penalty of perjury attest to the following:

–          That the tenant has been making best efforts to get government assistance;

–          That the tenant earns no more than $99,000.00 per year individually or $198,000.00 jointly if a co-earning household;

–          That they are unable to pay the full rent due to circumstances out of their control;

–          That they have been making best efforts to make partial payments to the landlord; and,

–          That the tenant will likely be homeless or in close quarters to others in new housing if evicted.

For a tenant to take advantage of this defense, they will need to sign off on a written declaration attesting that they have satisfied the above conditions.  A sample declaration is provided in the Order by the CDC.

For more information on this subject, please join Samuel Bergsohn, Esq. on September 23rd at 6 PM for a live webinar.  Click here to register.

Samuel C. Bergsohn

Samuel Bergsohn is an associate with the firm and practices Landlord/Tenant and Land Use Law.

He can be reached by phone at 866-303-9595 toll free or 845-764-9656 and by email.

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