New CDC Order To Prohibit Evictions…..Maybe
By: Barry L. Miller, Esq., of Barry L. Miller, P.A., Offices Orlando
The Center of Disease Control (CDC) announced that they will be publishing an Order on September 4, 2020 to restrict evictions through the U.S. This comes on the heels of Florida’s Governor extending the ban in Florida.
According to reports, under the CDC guidelines if the tenant received an economic impact payment, or stimulus check under the CARES ACT and the renter signs and provides their landlord a declaration form that will be available of the CDC’s website, then the landlord cannot initiate an eviction proceeding.
The Declaration will state that the tenant cannot afford to pay rent in full and that if evicted they would be homeless or be forced to move into congregate housing, The tenant must also prove that they have made an effort to receive government assistance.
However, if a tenant has destroyed the property or if the tenant poses a threat to the health or safety of neighbors, these circumstances can be considered an exception which will allow the landlord to evict.
This moratorium takes effective immediately and runs through December 31, 2020.