You might be protected from eviction until March 31, 2021. President Biden has extended the CDC's eviction protections (previously scheduled to expire on January 31),through March 31st. Congress is currently considering extending eviction protections, as well.
But. To get the CDC's protections through March 31, you need to send your landlord a Declaration.
This tool allows you to review, sign and email the Declaration from within this app. However, you may prefer to simply print, sign, and date the Declaration yourself.
A nonprofit called the Kentucky Equal Justice Center created this tool. Because the Order applies nationwide, it should be useful to homerenters regardless of what state a homerenter lives in.
If you use this app but decide to mail the Declaration later, this app will also generate a basic letter to your landlord to include with the Declaration. This letter is not required, only the Declaration.
KEJC is not your lawyer. You can find your local legal aid organization anywhere in the nation here. If you have specific questions or problems, it's super important to get legal help from lawyers near you.
About the CDC's Order
To protect public health during a global pandemic, the Center for Disease Control issued an Order that halt an eviction after a homerenter sends a Declaration to their landlord. Homerenters do not have these eviction protections if they do not send the Declaration to their landlord. (We use the term "homerenters" because "homeowners" aren't the only people who have homes. People who rent houses or apartments have homes, too.)
These eviction protections currently expire March 31, 2021. Advocates around the country are working to secure further protections.
About the Declaration
A homerenter must be able to say "yes" to the following statements:
- I have used best efforts to obtain rental assistance;
- My 2020 income is less than $99,000 (or $198,000 if filing jointly), or I did not have to pay income tax in 2019, or I received a stimulus check this year (2020);
- I am unable to pay rent due to income loss or extraordinary out-of-pocket medical expenses;
- I would become homeless or need to double-up if evicted;
- I will still "use best efforts" to make partial payments;
- I understand that my landlord may require payment in full for all missed payments at the end of the eviction protections.
About this tool
The CDC's Order provides a template for a homerenter declaration. You can use this app to generate a custom Declaration for your landlord.
There are 4️⃣ steps to this app:
- Provide your address;
- Tell us how you want to send the Declaration to your landlord (email or mail);
- Review and download (if mailing later) the documents, and
- If you want, email the declaration to your landlord, yourself, or someone else.
This app shouldn't take long to complete, but if you get interrupted or you need to get some information (your landlord's email address or something), you can click the "Save and Continue Later" button at the bottom of any page and we'll send you a link to pick up where you left off.
Things to remember
- Homerenters 🚨can still be evicted🚨 for reasons other than nonpayment of rent.
- Each adult living in the property should review, sign, and send a separate Declaration.
- There are criminal penalties for violations of or untruths in the Declaration.
- The CDC issued new, landlord-friendly guidance on Friday, October 9th. 🤬 The guidance makes it clear that landlords can:
- file evictions (just not remove people from rental property) before the protections expire, and
- challenge the truthfulness of the statements in a homerenter's Declaration in Court.
👇 Because of this new guidance...👇
- It is 🙏🏻essential🙏🏻 that you connect with a legal aid organization in your area after sending the Declaration to your landlord. Because of the CDC's unfortunate October 9th guidance, you need a lawyer's help to make the promise of these eviction protections a reality. Landlords can still pursue evictions under certain circumstances. Your rights may vary depending on what state (or what part of your state) you live in. You may have more rights than what we told you about! Please, connect with a local legal aid organization for location-specific information, legal help and, perhaps, rental assistance.
- You may find more information specifically about the CDC's eviction protections helpful. Here are answers to frequently asked questions from the National Low Income Housing Coalition about the CDC's Order. And, the National Housing Law Project has written a detailed analysis of the protections.
- By clicking “Continue” you understand and agree that KEJC will process the personal information you provide to us. We will use your data to help you prepare the documents for the legal matters described on this website and communicate with you in the future. You understand and agree that KEJC is not your attorney. Follow the link above to find a legal aid organization in your community.
Housing is a human right. Before the pandemic, during the pandemic, after the pandemic.
Okay, ready? Let's go! 🚀