
“Do not do to others what angers you if done to you by others.” -Socrates
So yes, this is real, and it is happening.
But it's also not something that means "instant apocalypse" for landlords, nor does it mean that every renter can simply and legally stop paying rent and " just tap their heels together three times and..." and pocket it as savings.
That's because, of course, there are caveats, provisos, etc. So, let's dive in...
First of all, the authority the CDC cites to establish this rule is the Public Health Service Act of 1944, which is also being cited in a variety of contexts over the course of the past 6 months.
Might there be legal challenges to this? Oh yes.
But that doesn't mean it's okay to ignore this eviction moratorium. It's on.
Per the ruling, the eviction stay is in place until the end of the year (for now).
But good news/bad news, this doesn't mean that anything goes.
Tenants must:
- Earn a documentable AGI (Average Gross Income) of less than $99,000 (single) or $198,000 (married filing jointly),
AND
- demonstrate they have tried to pay at least some portion of monthly rent,
AND
- have suffered income loss or medical expense increases due to COVID-19
AND
- have applied for government assistance in some form or fashion,
AND
- confirm and document that if they were evicted, they would be homeless or have to go to an unsafe, crowded facility,
AND
- file a specific form with the landlord. (If you're a tenant needing to do this, I suggest sending the form by certified mail for legal paper trail purposes.)
So ... if you meet all of these requirements, then you can take advantage of this order.
Read More...