On March 29, 2021, the Center for Disease Control has issued another Order extending the eviction moratorium through June 30, 2021. In addition to extending the moratorium, the new CDC Order also makes some additional modifications including:
· Persons covered by the previous orders who made the required signed declaration do not need to submit a new declaration.
· Evictions for nonpayment of rent that were completed before September 4, 2020 are not subject to the Order.
· Landlords may not use trespass as the sole reason for eviction based upon criminal activity when the underlying reason is nonpayment of rent.
· Tenants may not be evicted for having or being exposed to COVID-19.
· Tenants must provide a signed statement under penalty of perjury that must be provided to the landlord or other person with the right of eviction.
Tenants do not need to use the form provided by the CDC but they must declare that the statements are made under penalty of perjury for any false or misleading statements or for omissions. The Order specifically allows Landlords to challenge the truthfulness of a Tenant’s declaration in court.
The new Order reminds Tenants that the moratorium does NOT relieve Tenants of the obligation to pay rent and comply with the lease. Landlords may charge fees, penalty, and interest as allowed in the lease.
The Order specifically allows evictions to proceed for the following reasons:
· Engaging in criminal activity while on the premises;
· Threatening the health or safety of other residents;
· Damaging or posing a risk of damage to property;
· Violating building code, health ordinance, or similar regulations;
· Breaches of the lease other than nonpayment of rent.
Hunter B. Schenck provides legal services to individuals and businesses in the area of litigation and real estate law. 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.