The CDC has issued a new Order which extends the protections relating to residential evictions set forth in the September 4, 2020 order. The protections have been extended through March 31, 2021.
The Order does NOT forgive rent, late fees, penalties, or interest. It does NOT apply to tenants who engage in criminal activity on the premises, threaten the safety of others, damage the property, violate codes and regulations, or breach the lease in a nonmonetary way.
In order to obtain protection under the Order, Tenants still must provide a declaration to the landlord or property owner, under penalty of perjury. Tenants must swear that they have tried to obtain government assistance, must fall within income restrictions set forth in the Order, and must be unable to pay rent due to loss of job or income or due to medical bills. Tenants must also be making timely payments as close to regular rent as possible and show that eviction would render them homeless.
Landlords or property owners who violate the Order may be subject to the following penalties:
If no deaths:
o Fine of $100,000 for individuals
o Fine of $250,000 for organizations
If death occurs:
o Fine of $200,000 for individuals
o Fine of $500,000 for organizations
The Order can be found on the Federal Register here: [Link no longer available]
Hunter Schenck
Attorney
Hunter B. Schenck provides legal services to individuals and businesses in the area of litigation. She completed her Juris Doctorate from the Penn State Dickinson School of Law in 2014.
Hunter has participated in multiple bench and jury trials while working at CGA Law Firm in both a solo and co-counsel capacity. She tried a week-long federal jury trial that resulted in a verdict of almost $1 million for the client. Hunter enjoys the opportunity to enter the courtroom and wants to help her clients obtain the best outcome for each case.
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