This story has been updated.
The sweeping national eviction moratorium that the Centers for Disease Control and Prevention issued Tuesday has significant implications for renters and landlords in the D.C. area.
The federal mandate is not as strict as D.C.’s eviction ban, so that policy will remain as-is. (The national order, which applies through the end of the year, would only be effective in D.C. if the District allows its ban to expire after October.) But the CDC’s order is stricter than eviction protections currently on the books in Virginia and potentially Maryland, which means it will replace their policies.
Bringing the patchwork of local policies closer into alignment could keep thousands of area residents in their homes. But tenant advocates and building owners alike hope to see further action to prevent—rather than delay—a housing crisis after the pandemic ends.
Housing attorneys say many tenants aren’t aware of protections offered under the various laws and orders that have gone into effect, leaving them vulnerable to what’s known as self-eviction—simply moving out when presented with the possibility of eviction—or being illegally removed from their homes. Vulnerable renters continue to face intimidation and confusing legal notices from landlords desperate to collect rent during the pandemic. The National Housing Law Project released a survey of legal aid attorneys across the country in July that showed an alarming rate of illegal evictions during the health emergency.
In Virginia—where a statewide eviction ban expires Sept. 7—advocates say the federal order will protect the health and safety of thousands of residents behind on their rent. The Virginia Poverty Law Center (VPLC) has estimated that around 230,000 evictions will be filed by the end of the year. The commonwealth ranks among the worst states in the country for evictions, according to the Eviction Lab at Princeton University.
The CDC order halts all evictions for nonpayment of rent until Dec. 31 for renters who either expect to earn under $99,000 (or $198,000 for couples who file taxes jointly) in 2020; who were not required to report their income to the IRS in 2019; or who received a pandemic stimulus check from the federal government earlier this year.
The mandate does allow property owners to evict renters for reasons other than nonpayment, such as criminal activity. (That’s more lenient than D.C.’s ban, which doesn’t allow evictions for any reason.) It also may protect renters from being removed from their homes after landlords terminate their leases, which is one way some property owners in Maryland have been able to legally evict tenants who are behind on their rent. Housing attorneys note, however, that some judges may choose to not interpret the mandate so broadly.
The order also doesn’t absolve anyone of paying their rent, which means tenants in arrears can still be evicted after the order expires. Renters can also continue to rack up late fees.
To seek protection under the ban, tenants must sign an official declaration (included in the order) saying they meet the requirements and provide it to their landlord. The declaration requires tenants to say they can’t pay rent due to income loss or extraordinary out-of-pocket medical expenses; that they could become homeless or have to double up in housing if they’re evicted; and that they’ll still make partial rent payments to the best of their ability.
Banning evictions during a pandemic is a public health priority, the CDC says.
“Housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID-19,” the order says.
Tenant advocates, elected officials and housing law analysts reacted strongly to the order Tuesday. Leaders of national housing organizations said the ban will provide temporary relief to tenants, but permanent efforts are needed.
“This federal moratorium on eviction is amazing news for working families in Maryland,” Maryland State Del. Vaughn Stewart (D-Montgomery County) tweeted. “But it only delays, rather than prevents, a wave of evictions. We still must increase rental assistance funding and provide free attorneys to every vulnerable renter in Maryland.”
The best source of that rental assistance, advocates say, is the federal government — not cash-strapped states and localities, which are required to balance their budgets.
“Congress & the White House must #GetBackToWork on negotiations to enact a COVID-19 relief bill with at least $100 billion in emergency rental assistance,” tweeted Diane Yentel, president and CEO of the National Low Income Housing Coalition. “Together w/nat’l eviction moratorium, this would keep renters stably housed during and after pandemic.”
Federal aid is also needed to protect landlords, some say, particularly small owners who lack the cushion to pay their mortgages after months of tenants missing rent payments.
“For property owners, [the CDC’s eviction order] is a crushing unfunded mandate that will bankrupt many small businesses,” said National Housing Conference President and CEO David Dworkin in a statement.
Democrats in the U.S. House of Representatives passed a $3 trillion relief bill in May that would provide $100 billion in rent assistance. That bill has been a nonstarter in the Republican-controlled Senate. Meanwhile, Democrats and Republicans in Congress continue to squabble over the details of the next coronavirus relief bill.
The CDC order is expected to be challenged in court, though Trump administration officials have said the mandate is permissible under federal law that allows the health agency to issue emergency orders when they believe state and local governments have failed to sufficiently prevent the spread of a communicable disease.
Virginia tenant attorneys still hope to see further action from the federal government and the state legislature to protect renters long-term and make landlords whole. Lawmakers in the commonwealth are now considering legislation that would ban most evictions through the end of April. The protections within that legislation are stronger than what’s provided in the CDC order, says Christine Marra, director of housing advocacy at VPLC.
“The CDC order is definitely a step in the right direction,” Marra says. “But it really does just kick the can down the road.”
Ally Schweitzer