Current Status on Eviction Moratoriums

Current Status on Eviction Moratoriums

Federal Moratorium:

In September of 2020, the Centers for Disease Control and Prevention (CDC) issued an eviction moratorium that prevents landlords from evicting tenants who submit a sworn declaration admitting that they owe rent but saying they have suffered COVID-related financial hardship, have tried to get government assistance, and would be homeless if they are evicted.

Last week, a majority of the United State Supreme Court agreed that the CDC lacked authority to implement its nationwide eviction moratorium. However, the Supreme Court declined to lift the ban immediately, meaning that the current federal moratorium will expire on July 31, 2021.

New York State Moratorium:

Once the federal eviction moratorium expires, New York State’s separate eviction moratorium will remain in place for at least another month.  Under the New York COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, tenants experiencing a hardship due to COVID-19 cannot be evicted until after August 31, 2021.  New York’s eviction moratorium does not apply if the landlord proves that a tenant is creating a nuisance or safety hazard.