CDC Eviction Moratorium

Posted By: Denise Hanzlik Community, Industry,

ALL properties are affected by the CDC's Eviction Moratorium.


NAA GUIDANCE on CDC Eviction Moratorium


SDMHA Declaration FORM for Residents to sign

Property Owner LETTER against Eviction Moratorium

Below are some of the major points, from Glenn Boomsma of Breit & Boomsma Law, of the Order:

I wanted to alert you and the SDMHA to an eviction moratorium issued on September 1, 2020 by the Center For Disease Control ("CDC").  Attached hereto for your edification are the following documents;

  1.  Temporary Halt In Residential Evictions Emergency Order document issued by the CDC; and

  2.  September 1, 2020 news article summarizing the CDC Emergency Order document.

The CDC Emergency Order is effective September 4, 2020.  In short, the Order is aimed at stopping all "non-payment of rent" evictions for residential housing until December 31, 2020.  The Order does not apply to evictions for reasons other than non-payment of rent (i.e. crimes, drugs, unauthorized occupants, etc.).

The Emergency Order is applicable to all tenants who complete a sworn Declaration statement whereby they affirm that: (a) their annual income is less than $100,000.00 (or $198,000.00 for a family) and/or that they received a stimulus check under the CARES Act, (b) they have been unable to pay rent due to substantial loss of income or due to out-of-pocket medical expenses, (c) they are using their best efforts to make partial rent payments that are as close to the full rent payment as circumstances permit, (d) they have used their best efforts to obtain all available government assistance for rent or housing, and (e) if they are evicted, they would become homeless, be forced to live in a homeless shelter, or be forced to move into a new residence with other people who live in close quarters.

The Emergency Order does not forgive past due rent obligations.  Additionally, the Emergency Order provides that the tenant must continue to abide by the Lease Agreement.  Finally, the Order states that the landlord is able to assess late payment penalties and interest as a result of non-payment of rent.

The United Stated Department Of Justice is charged with enforcement of the Emergency Order.  An individual who violates the Emergency Order is subject to a monetary fine of up to $100,000.00 and/or a year in jail.  An organization who violates the Emergency Order is subject to a fine of up to $200,000.00 per violation.

The Emergency Order does not discuss/address evictions that have already been pending as of the September 4, 2020 commencement date.  I recommend that all pending evictions be stopped IF a tenant provides the sworn Declaration document.  The Emergency Order is also completely silent as to whether the landlord must inform/educate the tenants concerning the protections afforded by the Emergency Order or whether the landlord should/must provide a copy of the Declaration form to all of the tenants.

I have merely scratched the surface and only touched on the major points of the Emergency Order.  I encourage you to carefully review the Order and contact me with any questions or concerns.  Thank you.

Glenn J. Boomsma
Breit & Boomsma, P.C.
606 E. Tan Tara Circle
Sioux Falls, SD  57108
Telephone: (605) 336-8234
Telecopier: (605) 336-1123