On September 4, 2020, the Centers for Disease Control and Prevention issued an order to halt most evictions through December 31, 2020, in order to curb the spread of COVID-19 by keeping evicted people from becoming homeless, or crowding into apartments with friends and relatives.

Under the order, “a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which the order applies.”  The Order does not apply to an area with a moratorium on residential evictions that provides the same or greater level of public health protections, and does not preclude jurisdictions from imposing additional requirements that provide greater public-health protections.  The order does not relieve the individual of the obligation to pay rent, make housing payments, or comply with other obligations under the housing contract, nor does the order preclude fees, penalties, or interest as a result to pay on time under the applicable contract.

To halt an eviction the tenant, and each adult listed on the lease or housing contract, must provide an executed Declaration Attachment A of the Order, to the person or entity with the right to have them evicted or removed from the property.

The tenants are required to pay rent and abide by the rest of the terms of the lease or housing contract, and can be evicted for reasons other than not paying rent or making a housing payment, including:

(1) engaging in criminal activity while on the premises;

(2) threatening the health or safety of other residents;

(3) damaging or posing an immediate and significant risk of damage to property;

(4) violating any applicable building code, health ordinance, or similar regulation relating to health and safety;

(5) 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).

Across the country, judges and court administrators are responding differently, and state court leaders have been asked to provide guidance on how best to apply the order.

NCSC Principal Court Management Consultant Danielle Hirsch who is monitoring how states are implementing the CDC order, said courts must strive to ensure consistent and uniform application of the law.

“Given the pressing and serious nature of the eviction crisis facing the country,” Hirsch said, “court systems should promulgate court orders, education and training, self-help resources, and procedures to assist with handling eviction filings in accordance with the CDC order.”

NCSC recommends the following steps for implementing the order:

• Supplement the CDC order with a state or local order. The order can include changes to pleading and summons requirements, amendments to eviction forms, and instructions regarding the declaration forms that the CDC order requires tenants to submit. Orders that may be considered models come from theTexas Supreme Court and Rhode Island District Court.
• Devise a plan to educate judges and other court employees about the CDC order. 
• Communicate with landlords and tenants about the order. Alaska and Utah, for example, have done a good job of providing information to tenants who are not represented by lawyers.
• Reach out to lawyers and other stakeholders. Massachusetts, Tennessee, and Texas have held large stakeholder meetings to address this issue.
• Set up eviction diversion programs. This is happening in many places nationwide, such as Michigan, Illinois, Indiana, Washington, and Kentucky.

For more resources on navigating the novel coronavirus visit the NCSC Pandemic Resource Center.