Blogs by PROD: The Eviction Moratorium Extension
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IntroAs you are in all likelihood aware, the Center for Disease Control and Prevention (CDC) originally ordered a moratorium halting all eviction proceedings related to failure to pay during the COVID-19 Pandemic in September of 2020. In the economic shutdown that accompanied quarantine, the federal government put in place the moratorium to prevent the multitude of newly-unemployed tenants from losing their homes. Surprise surprise (not really), this was not due to a belief that our citizens have an intrinsic right to safe housing or financial assistance, but was rather done to prevent the disease from spreading even more uncontrollably among unhoused populations.
The Eviction Moratorium Extension”This moratorium has been extended five times since it was first issued September 4, 2020. The most recent extension was made just the other week on August 3, 2021. The extension grants those covered by it two more months (till October 3, 2021) until eviction proceedings can officially begin. This extension does not apply for the entirety of the country, but will stand for about 80% of the country, the regions “experiencing substantial and high levels of community transmission levels”.
Though this extension is not in effect everywhere, Los Angeles county and applicable residents are included. Even prior to this recent CDC extension, the county was committed to a longer moratorium. As was effective March 4, 2020, the Los Angeles County Temporary Eviction Moratorium was set to go through till September 30, 2021, unless repealed or extended by the Los Angeles County Board of Supervisors. This ordinance placed a Countywide ban on evictions for residential and commercial* tenants, including mobile home space renters. Under the County’s Moratorium, tenants could not be evicted for COVID-19 related nonpayment of rent, as well as no-fault reasons, nuisance, denying entry to a landlord, or unauthorized occupants or pets – if related to COVID-19. This has made it nearly impossible to get an eviction through, unless it is related to community safety.
Renters can only take part in the extension to this moratorium if they can prove they are unable to pay rent because of the COVID-19 pandemic, as opposed to it being due to their general financial circumstances. Pandemic related reasons could be because they lost their jobs or have very significant out-of-pocket medical expenses. They may also take advantage of the moratorium if they feel that being evicted from their current residence will result in homelessness or placement in a homeless shelter. Additionally, the eviction moratorium covers individuals who expect to earn a maximum of $99,000 in 2021 or couples projecting to earn $198,000 while married and filing jointly.
Now that we know who is included in this extension, let's clarify what the October 3rd end date really means. This date does not mean that every renter who is behind on rent will be unceremoniously thrown out on the street. Rather, October 3rd will be the first day the eviction proceedings can officially begin. Not everyone will be evicted, but the end of the moratorium means that as many as 6.2 million adults who are currently behind on their payments are at risk of eviction in October.
The moratorium does/will not keep rent from continuing to accrue, nor does it prevent at-fault evictions, which could be for anything from damaging property to fighting with neighbors. Those who do continue to utilize the opportunity of the order must show effort that they are attempting to make timely partial payments. It is also worth noting that homeowners also have extended relief available from lenders and loan servicers.
In light of all this information, you can expect there will be a flurry of eviction proceedings come October. Whether you are a landlord seeking assistance in starting the process with a formal notice and movements toward evi