As you may have seen in the news, one of President Joe Biden’s first acts after being inaugurated was to order an extension of the Center for Disease Control (CDC) Eviction Moratorium that was sent to expire on January 31, 2021 to March 31, 2021. Additionally, the news is reporting that Governor Newsom has also extended the California eviction moratorium that was set to expire on February 1, 2021 however, no law has been passed at this time. Our office is closely monitoring the situation and will release an email breaking down the California extension as soon as it is finalized.
Facts about the CDC Eviction Moratorium
- Pursuant to the CDC Order, if your tenant gives you a CDC declaration at any time during the eviction process, you may not evict or remove the tenant until after March 31, 2021.
- As a landlord, you are not required to provide the tenant with the CDC declaration.
- The CDC moratorium also does not restrict landlords from filing cases where the tenant is doing any of the following:
- Engaging in criminal activity while on the premises;
- threatening the health or safety of other residents;
- damaging or posing an immediate and significant risk of damage to property;
- violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
- violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest).
- If you violate the CDC Order there are significant penalties, including fines, jail time, or both. If the violation does not result in death, then you may be subject to a fine of no more than $100,000 ($200,000 if the landlord is an organization). If the violation results in death, then you may be subject to a fine of no more than $250,000 ($500,000 if the landlord is an organization).