Good news, all properties covered, not just federally financed properties. Bad news, you have to take action to be protected and there are some limits.
SUMMARY FROM ASSEMBLY PERSON LISA SUBECK’S OFFICE
Good afternoon,
Our office wanted to provide a summary of what we know as it relates to the new federal eviction ban.
On September 1, the CDC issued an order halting residential evictions through December 31, 2020. The order is not in effect until it is published in the Federal Register. It is scheduled for publication September 4. The order applies to just about all residential renters in Wisconsin. That’s very different from the previous federal moratorium, which only protected people residing in properties with federally backed financing or receiving federal assistance.
One of the most important things to know is that protection under the order is not automatic. It applies to a residential tenant who has provided their landlord a declaration containing certain assurances:
- That the individual used best efforts to obtain all government assistance for rent/housing.
- That the individual (i) has an income less than $99,000 in 2020 ($198,000 for joint filers), (ii) was not required to report income in 2019, or (ii) received a CARES stimulus check.
- That the individual is unable to pay full rent because of a substantial loss of work/income/hours, or extraordinary out-of-pocket medical expenses.
- That the individual is making best efforts to make timely partial payments.
- That an eviction would likely leave the individual homeless or forced into a congregate living setting because they lack another available housing option that would not increase their housing costs (i.e. there is not a cheaper rental option).
The order includes a declaration form for renters to use. Declarations do not go to the federal government – just the landlord. Individuals must make these declarations under the penalty of perjury, and each adult listed on a lease must complete the declaration. Violators of the order can face criminal penalties.
Here is what the moratorium does not do:
- It does not relieve rent payments
- It does not prevent late fees/penalties
- It does not prevent eviction for other reasons
- It does not affect foreclosure actions
- It does not protect people residing in hotels/motels or like properties
As always if you have questions or need additional information, feel free to reach out.
INFO FROM HOUSING NOT HANDCUFFS, NATIONAL HOMELESS LAW CENTER
- The CDC issued a moratorium on most types of evictions that would lead to homelessness from Sept. 4 through Dec. 31. This is a band aid solution, but may prevent a lot of the evictions that were beginning to work their way through the courts. However:
- It is likely to be challenged in court;
- it does not address the issue of the back rent still building up and potentially leading to eviction and credit issues down the road;
- it requires tenants to make an affirmative declaration that they cannot pay rent, which puts a burden on them;
- it is not yet clear how it will affect evictions that were already in the pipeline.
We will make more details known as they become clear.
All that said, the fact that this moratorium comes from the CDC, rather than HUD, makes a clear connection between health and homelessness that we hope will set a precedent not only here but for other issues down the road, and it is worth trying to make the most of it while we have it.
Also, it is 100% certain that this would not have happened without the tremendous grassroots organizing and pressure from folks like you in this campaign! The work the Law Center and others are doing in DC would not be enough without the work y’all are doing to keep this issue front and center with your local elected officials and media. This is YOUR victory, so go out and claim it with the local media and keep the pressure on to call for Congress to #DoYourJob and pass #RentReliefNOW!
INFO FROM LEGAL ACTION OF WISCONSIN
The Center for Disease Control and Prevention released an emergency order to stop residential evictions from September 4 to December 31, 2020. Learn more about how to use this protection and if you qualify from the attached fact sheet. If you want to fill out a declaration form to get this protection, you can find one attached and at www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf If you are being evicted, Legal Action may be able to help you. Call us at (855)947-2529 and learn more at https://www.legalaction.org/.
Please share widely!
Thanks!
Heidi
CDC Eviction Moratorium FAQ (1)
How does the order protect tenants?
If a tenant is covered by the order, their landlord cannot:
- Give a notice terminating tenancy
- File an eviction action in court
- Pursue an eviction because the tenant did not follow a previous eviction hearing agreement (stipulation)
- Deliver or otherwise cause an already issued eviction (writ of restitution) to be carried out by the sheriff
- Take any other action to remove or cause the removal of a covered tenant
What does the order not do?
- The order does not forgive rent or prohibit late fees. Any rent or fees that are owed during the moratorium will continue to add up and will need to be addressed to avoid eviction later.
- Tenants must still attempt to pay rent and meet other requirements under their lease
agreements - Tenants can still be evicted after the moratorium ends
Protections do not apply to:
- Homeowners that can’t pay their mortgages
- People being evicted for criminal activity on the premesis
- People threatening the health or safety of other residents.
- People damaging property or those that pose an immediate/significant risk of damage to the property
- People violating building code, health ordinances, or regulations about health and safety
- People violating other contract obligations other than nonpayment of rent, late fees, penalties or interest.
Getting protection under the order
- To be protected by the moratorium, tenants must truthfully complete a declaration form (see below)
- The tenant must give that declaration to the landlord. The tenant should keep a copy of the form and proof they gave it to the landlord as soon as they knew they couldn’t pay rent.
Who is covered under the order?
To qualify and obtain protection you must be able to sign a declaration form, certifying under penalty of perjury
- You have tried your best to get government help for rent or housing
- You have earned less than $99,000 ($198,000 joint filers) in 2020; OR You did not have to file taxes with the IRS in 2019; OR You got a CARES stimulus check
- You can’t pay because you lost income, had layoffs, or had extraordinary medical expenses
- You are trying your best to make partial payments
- If you are evicted, you likely have no other options other than to become homeless, use a homeless shelter or move into a place with others in close contact.
- You understand you must still pay rent and any fees or interest under the lease agreement or contract
- You understand at the end of the temporary order, after December 31, 2020, the landlord can require payment in full, and if you don’t pay, you can be evicted
- You understand that false or misleading statements can lead to criminal and civil actions, including fines, penalties, damages or imprisonment. (These are the consequences for perjury (lying)
The Federal Register legal language of the order
This is the federal form approved the OMB. Language below in Community Advocates reformatted form.
INFO FROM COMMUNITY ADVOCATES
Actually, its from Milwaukee based groups Community Advocates, Legal Aid Society, Mediate Milwaukee, Legal Action and Impact
Frequently Asked Questions About the New Federal Eviction Moratorium
Do I have to keep paying rent?
Yes, it is imperative you pay your rent if you can. This does not stop rent from being due and does not void any terms of your lease.
Who does the moratorium apply to?
Tenants are covered by the moratorium if they provide their landlord with a truthfully signed copy of the declaration below.
What help is available to pay my rent?
Anyone in Milwaukee County facing an eviction or inability to pay their rent may learn more about what assistance is available and apply for assistance via Community Advocates at:
https://communityadvocates.net/who-we-are/rental-housing-and-coronavirus-resources.html or by contacting our Rent HelpLine at (414) 270-4646 or renthelp@communityadvocates.net.
What do I do if I still can’t pay my rent after getting all available assistance?
Each adult listed on the lease must sign the attached declaration and deliver it to his or her
landlord. Keep a copy for yourself!
Is there any reason I can be evicted?
Yes, a tenant may still be evicted for:
a. Engaging in criminal activity at your rental unit;
b. Threatening the health or safety of other residents;
c. Damaging or posing an immediate and significant risk of damage to property;
d. Violating a building code, health ordinance, or other regulation about health and
safety; or
e. Violating any other contractual obligation with your landlord that is not related to
payments.
Where can I learn more?
You can read the official federal announcement of the eviction moratorium here.
Form to send to landlord:
Community Advocates Federal Eviction Moratorium FAQs (see second page – you may want to use the official form above sent by Legal Action, says the same thing, but its OMB approved)
DECLARATION UNDER PENALTY OF PERJURY FOR THE CENTERS FOR DISEASE CONTROL AND PREVENTION’S TEMPORARY HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19
This declaration is for tenants, lessees, or residents of residential properties who are covered by the CDC’s order temporarily halting residential evictions (not including foreclosures on home mortgages) to prevent the further spread of COVID-19. Under the CDC’s order you must provide a copy of this declaration to your landlord, owner of the residential property where you live, or other person who has a right to have you evicted or removed from where you live. Each adult listed on the lease, rental agreement, or housing contract should complete this declaration. Unless the CDC order is extended, changed, or ended, the order prevents you from being evicted or removed from where you are living through December 31, 2020. You are still required to pay rent and follow all the other terms of your lease and rules of the place where you live. You may also still be evicted for reasons other than not paying rent or making a housing payment. This declaration is sworn testimony, meaning that you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit important information.
I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the foregoing are true and correct:
- I have used best efforts to obtain all available government assistance for rent or housing; (1)
- I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
- I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary (2) out-of-pocket medical expenses;
- I am using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
- If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options. (3)
- I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.
- I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws.
I understand that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.
Signature
Date
1 “Available government assistance” means any governmental rental or housing payment benefits available to the individual or any household member.
2 An “extraordinary” medical expense is any unreimbursed medical expense likely to exceed 7.5% of one’s adjusted gross income for the year.
3 “Available housing” means any available, unoccupied residential property, or other space for occupancy in any seasonal or temporary housing, that would not violate Federal, State, or local occupancy standards and that would not result in an overall increase of housing cost to you.
