CDC Eviction Ban Extended

Authored By: Legal Services Alabama LSC Funded
Contents

Information

The CDC eviction moratorium has been extended to January 31, 2021. 

 

Who does this apply to?
  • You must expect to make less than $99,000 in 2020 (or $198,000 as a married couple), OR have received a stimulus under the CARES Act; 
  • You must experience a loss in income  (reduction in hours, job loss, lay off) or extraordinary medical expenses that make you unable to pay your rent; 
  • You must use best efforts to apply for all available government assistance for rent or housing; 
  • You must make best efforts to make partial payments - as much as you can, taking into account other fixed expenses; 
  • You must be at risk of becoming homeless if you are evicted - that is, you have no other available housing options, or would need to move in with other people in close quarters.

 

In order for the CDC order to apply to you, you MUST sign a form stating that all of this is true and provide it to your landlord. 

Each adult in the household must sign a form. 

 

Will I still owe my rent eventually?
  • Yes. You will still owe the rent and late fees. 

 

How long is the eviction ban in place?
  • It is currently in place until January 31, 2021. After that time, the landlord can evict you and seek all the rent + late fees you owe. 
  • On January 20, 2021, President Biden signed an Executive Order extending the moratorium to March 31, 2021. We are still waiting for official guidance on this from the CDC. 

 

What happens if someone does not follow the CDC order?
  • The tenant must sign an affidavit under penalty of perjury, which carries criminal penalties.
  • The CDC order also states that if a landlord violates it, they may be punished by a criminal fine of up to $100,000 or a year in jail. 

 

What happens after I sign a CDC form? 

  • Call Legal Services Alabama if your landlord is still trying to evict you or you get court papers. 
  • Your landlord may file a "challenge" in court. If you receive any papers from a court, contact us. 
  • You can call us at 1-866-456-4995 or apply online here

 

All renters in Alabama are potentially covered by this order. However, in order to be covered, you must fill out the form and provide it to your landlord! 

The form you need is attached below. You can also use one of these resources to help you complete your form: 

CDC Eviction Ban Sept. 4, 2020

Form to Provide Landlord : www.cdc.gov

DECLARACION - Espanol: www.nhlp.org

Form - Viatnamese : www.nhlp.org

More Resources from the National Housing Law Project: www.nhlp.org

Last Review and Update: Jan 21, 2021