September 2, 2020 – The Centers for Disease Control has issued an eviction moratorium that will protect tenants against eviction for nonpayment of rent if they provide landlords with affidavits certifying specific information including their inability to pay. The moratorium will take effect September 4 and remain in place through December 31.

The CDC’s order explicitly recognizes the link between eviction and spreading communicable diseases. It applies throughout the U.S., except where more stringent state, tribal or local government moratoriums are in place.

It differs in some important ways from the CARES Act’s moratorium, which expired in late July. The new order is not limited to tenants in federally assisted housing. It does allow landlords to charge late fees on delayed rent payments. Also, unlike the CARES Act, the CDC’s order provides criminal penalties for violating the moratorium: a fine of at least $100,000 or a year in jail or both.