NEW CDC Eviction Moratorium Information
On August 3, 2021, the CDC issued a new eviction moratorium.
View a list of counties not covered here.
These are the key points:
* It lasts from August 3 through October 3, 2021, and may be extended if pandemic conditions require an extension.
* The new order is substantially the same as the previous CDC orders except that this one is limited to counties "experiencing substantial and high levels of community transmission" of COVID (as opposed to moderate or low levels). The new order states at p. 12:
This Order applies in U.S. counties experiencing substantial and high levels of community transmission levels of SARS-CoV-2 as defined by CDC, as of August 3, 2021. If a U.S. county that is not covered by this Order as of August 3, 2021 later experiences substantial or high levels of community transmission while this Order is in effect, then that county will become subject to the Order as of the date the county begins experiencing substantial or high levels of community transmission. If a county that is covered by this Order no longer experiences substantial or high levels of community transmission for 14 consecutive days, then this Order will no longer apply in that county, unless and until the county again experiences substantial or high levels of community transmission while this Order is in effect.
Here is the LINK to the CDC tool to find out whether a particular county has a substantial or high rate of Covid transmission, (full URL: https://covid.cdc.gov/covid-data-tracker/#county-view -- provided at fn 9 in the new order).
* MLSA went through the CDC LINK to see which Montana counties are covered by the new order. 39 of MT's 56 counties are covered. Of Montana's high population areas, all are covered, so renters there are protected by the new moratorium. Attached is the current list of counties NOT covered by the new moratorium (but that list could change daily, or weekly, as COVID numbers change).
* MT renters should submit the CDC declaration to their landlords, if they meet the 5 requirements. Renters who have already submitted the CDC Declaration to their landlord under the previous CDC moratorium do not have to submit a new one. (MLSA is revising the current montanalawhelp.org article to reflect the requirements in this new CDC order.)
NEW CDC Declaration form: https://www.cdc.gov/coronavirus/2019-ncov/communication/EvictionProtectDeclare_508.pdf.
* Renters who need help paying rent should apply to the State Emergency Rental Assistance Program. Part of the rationale for extending the eviction moratorium is that States have just now started sending out payments to landlords under those programs, and we need to allow more time for renters to reap the benefits of the assistance programs.
* The new order stays any eviction for nonpayment of rent currently pending but not yet completed. It does not protect tenants whose eviction was completed by Aug. 3, 2021. The new CDC order is not retroactive (p. 13 of order).
* As under the previous CDC moratorium, evictions for reasons other than nonpayment may still go forward.
* The order does not ban a landlord's late fees.