CDC Eviction Moratorium Order for Nonpayment of Rent

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CDC Eviction Moratorium Order Latest News

Did Executive Order 129 expire on October 4, 2021?

Executive Order 129 expired yesterday (October 4, 2021) and Governor Polis has not issued any new EOs on rent demands.  With the expiration of EO 129, the 30-Day Rent Demand requirement expired as well.

The rental industry has finally reached the end of the long, continuous, and seemingly endless road of Executive Orders dictating by fiat that landlords serve 30-Day Rent Demands.

Did Colorado’s newest Executive Order 132, signed on October 3, 2021, remove previous requirements for landlords during the pandemic?

Not only did EO 129 expire, but Colorado’s newest Executive Order 132, signed on October 3, 2021, removes previous requirements for landlords during the pandemic. This means that landlords can serve the statutory 10-Day Rent demand regardless of rental assistance status.  

Are landlords still required to serve the DOLA FAQs?

Effective immediately, the DOLA FAQs no longer need to be served with any eviction demand or notice.

Disclaimer: We are not attorneys and we are not giving legal advice. For legal advice and/or questions please contact an attorney.

Is there still a moratorium on evictions in Colorado?

September 7, 2021 Update

CDC's Eviction Moratorium Has Come to an End

 

FREE RENTAL ANALYSIS

 

decision by the U.S. Supreme Court ended the CDC's (Centers for Disease Control and Prevention) eviction moratorium Thursday night, providing relief to small housing providers who had faced financial hardship for over a year.

According to a 6-3 vote, the majority of the justices agreed that the stay on the lower court's order finding the CDC's eviction moratorium unconstitutional was no longer justified.

Denver property managementThey argued, in their order, "by preventing landlords from collecting rent with no guarantee of eventual recovery, this moratorium risks irreparable harm to the applicants and landlords throughout the country." However, many landlords have modest means, in spite of the CDC's determination that landlords should bear a substantial financial burden of the pandemic."

Some 15 million people are currently behind on rent in the U.S., according to one recent estimate, though it was not immediately clear how many tenants could be placed at greater risk of eviction as a result of the court’s move. A patchwork of state and local eviction freezes was unaffected by Thursday's ruling.

In Thursday’s ruling, the court again singled out Congress’s inaction.

Congress was on notice that a further extension would almost surely require new legislation,” the court wrote, “yet it failed to act in the several weeks leading up to the moratorium’s expiration.

Disclaimer: We are not attorneys and we are not giving legal advice. For legal advice and/or questions please contact an attorney.

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    BREAKING NEWS: CDC's Eviction Moratorium Has Come to an end effective August 27, 2021

    When did the CDC Eviction Moratorium Order start?

    On September 4, 2020, the CDC issued this Order to temporarily halt residential evictions of covered persons for nonpayment of rent. CDC is not able to help individual tenants or landlords in eviction actions.

    How did the CDC Eviction Moratorium Order work?

    On September 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an eviction moratorium for nonpayment of rent for certain renters until the end of the year. The order is written to be effective when it is formally entered into the Federal Register on Friday, September 4, 2020.

    Who did the eviction order apply to?

    The order applies to renters who swear under penalty of perjury that the following are true:

    • The individual has used best efforts to obtain all available government assistance for rent or housing;
    • The individual either (i) expects 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), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
    • The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;
    • The individual is 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; and
    • Eviction would likely render the individual homeless— or force the individual to move into and live in close quarters in a new congregate or shared living setting— because the individual has no other available housing options.

     

    Were there other provisions?

    • The written affirmation by the tenant must be signed under penalty of perjury by all adults on the lease and given to the landlord.
    • The order does not affect the ability of a landlord to evict for reasons other than non-payment of rent or the ability to charge late fees for unpaid rent.
    • The order does not relieve the renter of the obligation to pay rent or adhere to the lease.

     

    Disclaimer: We are not attorneys and we are not giving legal advice. For legal advice and/or questions please contact an attorney.

    CDC Eviction Moratorium Order Timeline

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    Can a landlord challenge the CDC eviction moratorium in a rent case?

    Transcript: It honestly depends on the county that your property is located in, as well as the judge. We have seen that the courts are taking a pretty heavy tenant approach which has caused much frustration among property management attorneys, property managers and landlords alike.

    Chronology of the Eviction Ban Since its Inception

    September 1, 2020 CDC Issued Eviction Moratorium for Nonpayment of Rent

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