The national eviction moratorium will end Jan. 31, unless Washington again extends it.
CNETThe current nationwide moratorium on evictions approved by Congress at the end of 2020 expires in a little over two weeks, on Jan. 31. The ban -- part of the $900 billion stimulus package Congress passed at the end of December -- also sets aside $25 billion in rental assistance to help renters pay for unpaid rent and utility bills. As of late last year, 1 in 5 adult renters were behind in their rent, according to a US Census survey.
On Thursday, as part of a $1.9 trillion COVID-economic-relief proposal, incoming President Joe Biden laid out a plan to extend the eviction and foreclosure moratoriums until Sept. 30. The plan would provide $30 billion to renters to cover housing and utility costs. (It would also fund more federal unemployment insurance and a third stimulus check.)
"All of these resources and protections are badly and urgently needed," tweeted Diane Yentel on Jan. 14, president and CEO of the National Low Income Housing Coalition. "AND, we'll need still MORE to ensure housing stability for low-income renters and to keep people experiencing homelessness safe."
With the current ban, households must earn below a certain threshold to receive assistance, and priority goes to the lowest-earning households as well as those in which someone is currently unemployed (we'll explain in more detail below).
Despite the current national eviction moratorium, some judges have allowed evictions to proceed. In other situations, landlords have discovered loopholes by filing evictions for infractions other than not paying rent (such as barking dogs or smoking) or by not renewing tenants' leases.
The current eviction ban requires renters who've fallen behind on their rent to submit a signed declaration form to their landlord stating they've lost income due to the coronavirus pandemic and have made an effort to look for financial assistance, as well as a few other conditions. (This part is critical, more below.) That means landlords can challenge the truthfulness and accuracy of those statements, possibly evicting people who would otherwise be covered by the order. Some landlords' lawyers have even gone so far as to challenge tenants with perjury charges in an effort to strong-arm them out of their homes.
Some states and cities still have their own eviction bans on the books (here's an up-to-date list). A few of them offer more protection than the federal eviction moratorium, but many have let their laws expire. We'll unpack the national eviction moratorium to explain who is covered, what might not be covered and what you need to do now if you're worried about getting evicted. In addition, we'll look at other resources and options that are available to help you stay in your home, along with Biden's American Rescue Plan proposal.
This story was updated with new information.
What is Biden proposing in his eviction moratorium?
On Jan. 14, Biden announced his plan to help those facing eviction, as the current ban lapses at the end of January. In his proposal, Biden would extend the eviction and foreclosure moratoriums until Sept. 30.
His plan would provide $30 billion in rental and utility assistance for "hard-hit individuals and families," with $25 billion going toward rental assistance and the other $5 billion to cover power and water utility costs.
The plan would also set out $5 billion for state and local governments to pay for in emergency housing for those at risk of homelessness.
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What does the current evictions ban cover?
The current ban Congress passed at the end of 2020 expires at the end of January and sets aside $25 billion to be allocated to states ($400 million of that will go to territories and $800 million to native communities). To qualify for assistance drawn from those fund, renter households must meet three qualifications:
- Household income must not exceed 80% of the median income for the area in which you live.
- Must include at least one member who can demonstrate a risk of becoming homeless without assistance.
- Must include at least one household member who either qualifies for unemployment benefits or has experienced financial hardship due either directly or indirectly to the coronavirus pandemic.
Priority will be given to the most financially insecure among those households. That means the first households to receive aid should include:
- Households whose income does not exceed 50% of the area median income.
- Households with members who are currently unemployed and have been unemployed for 90 days or more.
Money received through this program is non-taxable.
Biden is also proposing assistance with utility costs.
Angela Lang/CNETWhat did the earlier national eviction ban cover?
The national eviction moratorium that expired at the end of 2020 was ordered by the Centers for Disease Control and Prevention using a 1944 public health law intended to curb the spread of a pandemic. Because homelessness can increase the spread of COVID-19, the order halts evictions across the US for anyone who has lost income due to the pandemic and has fallen behind on rent.
The federal mandate didn't prohibit late fees (although some local ordinances do), nor did it let tenants off the hook for any back rent they owe. It also didn't establish any kind of financial assistance fund to help renters get caught up, a safeguard some say is critical to preventing a massive wave of evictions when the ban eventually lifts. (Many cities and states, however, have set aside money to help with rent -- keep reading for how to find assistance where you live.)
The order only halted evictions for not paying rent. Lease violations for other infractions -- criminal conduct, becoming a nuisance, etc. -- are still enforceable with eviction. And it only protects renters who earn less than $99,000 per year or $198,000 for joint filers. Finally, renters had to print and sign an affidavit declaring their eligibility for protections (the next section breaks down those requirements).
What to do if you're facing financial hardship today
If you're in need of immediate shelter or emergency housing, the federal Department of Housing and Urban Development maintains a state-by-state list of housing organizations in your area. Select your state from the drop-down menu for a list of resources near you.
In response to the coronavirus pandemic, many states and cities have expanded their available financial assistance for those who are struggling to pay rent. To see what programs might be available near you, find your state on this list of rent relief programs maintained by the National Low Income Housing Association.
DoNotPay offers a variety of legal services, including financial relief relating to the coronavirus pandemic.
Screenshot by Dale Smith/CNETNonprofit 211.org connects those in need of help with essential community services in their area and has a specific portal for pandemic assistance. If you're having trouble with your food budget or paying your housing bills, you can use 211.org's online search tool or dial 211 on your phone to talk to someone who can try to help.
JustShelter.org is a nonprofit that puts tenants facing eviction in touch with local organizations that can help them to remain in their homes or, in worst-case scenarios, find emergency housing.
The online legal services chatbot at DoNotPay.com has a coronavirus financial relief tool that it says will identify which of the laws, ordinances and measures covering rent and evictions apply to you based on your location.
If you're seriously delinquent or know you will be soon, you may want to consult a lawyer to better understand how laws in your area apply to your situation. Legal Aid provides attorneys free of charge to qualified clients who need help with civil matters such as evictions. You can locate the nearest Legal Aid office using this search tool.
If you can no longer afford rent on your current home, relocation might be an option. Average rental prices have declined across the US since February, according to an August report by Zillow. Apps like Zillow, Trulia and Zumper can help you find something more affordable. Just be aware that you may still be held responsible for any back rent you currently owe as well as any rent that accrues between now and the end of your lease (if you have one), whether or not you vacate.
Biden is proposing extending the eviction ban to the fall.
Sarah Tew/CNETTry asking your landlord for a rent reduction or extension
In almost all instances it's probably best to work out an arrangement with your landlord or leasing agency, if at all possible. Although some landlords have reportedly reacted to the pandemic by putting even more pressure on tenants to pay up, other landlords have risen to the occasion, some going so far as to stop collecting rent payments for a period of time.
It may be worth approaching your landlord to see if you can pay less rent in the coming months, or spread payments for the next couple of months' rent out over the next year. Just be wary of landlords who make excessive demands. For example, some have asked tenants to turn over their $1,200 stimulus check or any money received from charity as a condition for not filing an eviction order. Don't agree to unreasonable conditions or terms you won't be able to meet, especially if your city or state has enacted protections against such arrangements.
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