In response to President Trump’s Executive Order on evictions, the Centers for Disease Control and Prevention (CDC) released an agency order immediately implementing an eviction moratorium. All landlords are prohibited from evicting individuals making less than $99,000 per year (or $198,000 per year for two-income households) for non-payment of rent through December 31, 2020. The order is effective immediately and does not come with any rental or financial assistance.

All adult tenants must complete the declaration form in the order certifying income qualification, attempts to obtain government assistance and submission of partial payments, among other things to invoke the protections, under penalty of perjury.

Non-payment-related evictions may proceed. The penalty for violation is up to $100,000 and/or one year in jail if the eviction does not result in death. If the eviction does result in death the fine increases to $250,000 and/or one year in jail. An organization is subject to up to $200,000 per eviction if the violation does not result in a death or $500,000 per eviction if the violation results in a death.

NH&RA supports a temporary eviction moratorium that is paired with additional financial assistance to renters and landlords. “We appreciate the CDC’s attempt to keep people in their homes and help prevent the spread of COVID-19. However, without immediate Congressional action to fund supplemental assistance for renters and landlords, this unilateral executive action is an unfunded mandate that simply puts a band-aid on a gaping wound. Immediate Congressional action is necessary to protect the health and financial well-being of millions of renters and ensure the long-term stability of the nation’s apartment industry,” said NH&RA President Thom Amdur. “The only entity with the resources and scale poised to address this crisis is Congress. The mounting backlog of unpaid rent and bills grows every day that they fail to act.”