Originally Published Oct. 28, 2020
Updated Dec. 7, 2020, Dec. 21, Jan. 7, 2021, Jan. 27, March 30, April 21, May 11, 2021
Eviction Moratorium Status
Currently, the CDC’s Eviction Moratorium (which went into effect on Sept. 4) is in effect through June 30, 2021. On Tuesday May 5, a district court judge found the CDC Eviction Moratorium unconstitutional. However, the court’s ruling is not yet in effect, and the Department of Justice has appealed this decision, and asked the D.C. Court of Appeals to overturn the district court’s ruling.
This eviction moratorium only protects again evictions based on nonpayment of rent; Colorado Courts have not consistently decided whether it prohibits landlords from evicting tenants based on lease violations or lease non-renewals.
Additionally, beginning April 20, 2021, Governor Polis issued Executive Order 2021 088, requiring landlords to provide tenants with 30 days’ notice of nonpayment of rent before filing an eviction for nonpayment of rent.
Governor Polis let Executive Order 2021 073, which bans late fees and other fees or penalties related to nonpayment of rent, expire as of the end of April 2021. Therefore, under Executive Orders 2020 223, 2020 307, and Executive Order 2021 073, landlords were prohibited from charging late fees or other penalties from Oct. 15, 2020 through April 2021.
How to Claim Protection
Be aware, the CDC’s eviction moratorium does not automatically protect tenants! To be protected, you, the tenant, must sign and provide to your landlord or property manager (and the court, if you are already in eviction proceedings) a declaration stating you are experiencing financial hardship due to COVID-19. The CDC’s current declaration form lists the expiration date as May 31, and its language remains the same. The CDC has not yet created a new declaration form with the June 30, 2021 expiration date. The declaration form is available in English and Spanish. The CDC declaration has also been translated into many additional languages (HUD has added more additional languages here).
The requirements for the CDC’s national eviction ban have not changed. You must be able to honestly swear (under penalty of perjury) that you:
- have made “best efforts” to obtain government assistance for rent or housing,
- expect to earn no more than $99,000 (if single) or $198,000 (if filing taxes jointly), did not have to report income to the IRS in 2019, or received a stimulus check,
- are unable to pay full rent,
- are using “best efforts” to make partial rent payments,
- if evicted, would become homeless, have to go to a shelter, or have to move in with others,
- understand you still owe rent and must comply with your lease,
- understand your landlord may pursue back-rent (and possibly some fees) after the orders expire
CDC Eviction Moratorium Details
|Requires submitting declaration||Yes|
|Prevents eviction for non-payment||Yes|
|Prevents eviction for termination of lease/tenancy||Generally, no|
|Effective Dates||Sept. 4, 2020 – June 30, 2021|
|Criteria for protection||See numbers 1-7 above|
|Allows court challenges/eviction filings||Generally, yes|
|Allows late fees||Yes (but Colorado state Executive Orders prohibit late fees)|
|Requires LL to provide notice of protections||No (but Consumer Finance Protection Bureau rule may|
require it as of May 3, 2021)
We advise everyone to reach out to an attorney for advice if they have questions about whether they are protected. Please note that the state and national evictions bans do not excuse your obligation to pay rent, and you must continue paying as much rent as possible.
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