New CDC Eviction Ban Effective 9-4-2020
Authored By: Legal Services Alabama
The CDC issued a new eviction ban that goes into effect September 4, 2020.
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 related to COVID-19 (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?
- Until December 31, 2020. After that time, the landlord can evict you and seek all the rent + late fees you owe.
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.