On June 24, 2021, the Director of the Center for Disease Control (CDC) issued an Order providing a final 30-day extension to the residential eviction moratorium through July 31, 2021. The Director’s Order indicates that this is intended to be the final extension.
As before, the moratorium applies ONLY to eviction due to nonpayment of rent for residential properties. Evictions based upon breaches of the lease that do not involve nonpayment of rent may proceed.
Evictions for the following reasons are specifically allowed to proceed:
- 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.
The updated Order again allows Tenants to obtain protection by either using the form provided by the CDC or by providing their own signed declaration containing the same information. Every declaration must comply with the following:
- List the elements relating to the definition of a “Covered person” according to the Order,
- Be signed,
- Include a statement that the signer understands they could be liable for perjury
Landlords may challenge the truthfulness of a tenant’s declaration. If such challenge is successful, the eviction action may proceed and the tenant could be liable for providing false or misleading statements.
As before, the moratorium does NOT relieve Tenants of the obligation to pay rent and to comply with the lease. Landlords may charge fees, penalties, and interest as allowed in the lease.
The moratorium continues to apply to landlords, owners of residential property, or any other person or entity that has a legal right to pursue eviction or possessory action. Violations of the Order may involve fines of up to $250,000 or one year in jail for an individual or up to $500,000 for a corporate entity.
For help with eviction questions and other landlord tenant issues, contact Attorney Hunter Schenck at hschenck@cgalaw.com or using the CGA online question feature (Contact Form on the CGA homepage) to set up a consultation.
Hunter Schenck, Esquire
Attorney
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.
