The federal eviction moratorium enacted by the CDC limits landlords' ability to remove tenants from their homes when tenants are unable to pay rent.
But it has serious flaws. Many of the moratorium's provisions are vaguely worded. In some cases, judges have required tenants to prove that they suffered substantial economic hardship and that they made "best efforts" to obtain government assistance and pay rent (an overly burdensome process for tenants).
It often still allows landlords to file for eviction, which initiates the process of removing a tenant.
We, at formspal.com are receiving hundreds of questions regarding the eviction policies and believe that not updating the current explanation is going to lead to a massive eviction crisis, and conflicting information and vague wording are going to contribute to the overall confusion.
Offered solution:
Firstly, the Act should only require that a tenant file a simple hardship declaration stating either that they are unable to pay rent or that eviction would leave them homeless or pose health risks.
Secondly, it should explicitly extend to holdover cases, when a tenant's lease ends, and the landlord refuses to renew.
For example, New York State's Covid-19 Emergency Eviction and Foreclosure Protection Act, enacted on December 28, stops nearly all evictions, including holdover evictions till May 1, 2021.
