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What Renters Need to Know About the End of the Eviction Moratorium

CDC announces 60-day extension

spinner image An eviction notice ruling printed on pink paper is displayed with a gavel and house keys
iStock / Getty Images

Editor’s note: On Aug. 26, the U.S. Supreme Court overturned a moratorium on evictions ordered by the Centers for Disease Control and Prevention (CDC). The moratorium, originally imposed last year in response to the pandemic, had been extended to Oct. 3. Renters and landlords looking for assistance can use the Consumer Financial Protection Bureau’s Rental Assistance Finder tool to search for information on rental assistance in their area. 

Renters have another 60 days to pay up, seek assistance or move as the Centers for Disease Control and Prevention (CD) gave a limited 60-day extension to the national eviction moratorium.

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About 8.1 million renters were behind on their payments in mid-June, according to the U.S. Census Bureau. Another 4.5 million said they thought they faced eviction. The 60-day extension of the July 31 deadline means that renters will have until Oct. 3 before eviction proceedings can start. Not all will be evicted, but the end of the moratorium on Oct. 3 means that as many as 6.2 million adults who are behind on their rent are are at risk of eviction in October.

Congress appropriated about $46 billion in rental assistance in coronavirus relief packages; very little has been spent so far, and 80 to 90 percent is still available to renters and landlords who need it. Here's what renters can and can't do to stay in their homes as the moratorium ends.

The eviction moratorium

The Centers for Disease Control and Prevention (CDC) ordered the eviction moratorium to slow the spread of COVID-19, under the assumption that a rash of evictions during the pandemic-induced economic shutdown would further spread the disease. Courts have upheld the order, which has now been extended five times. The order was first issued Sept. 4. The CDC’s most recent  extension, issued August 3, covers areas “experiencing substantial and high levels of community transmission levels”  of COVID-19 cases, according to the CDC statement. The eviction ban will cover about 80 percent of the country and expire October 3.

“This moratorium is the right thing to do to keep people in their homes and out of congregate settings where COVID-19 spreads,” CDC Director Dr. Rochelle Walensky said in a statement. “It is imperative that public health authorities act quickly to mitigate such an increase of evictions, which could increase the likelihood of new spikes in (COVID-19) transmission.  Such mass evictions and the attendant public health consequences would be very difficult to reverse."

A tool to help you get aid

Renters and landlords looking for assistance can now use the Consumer Financial Protection Bureau’s new Rental Assistance Finder tool to find information on rental assistance in their area. Simply enter your state or tribe into the tool, and it will give you links to state and local organizations distributing federal rental assistance in their communities. The money can help landlords and renters who are struggling to keep up with rent and other bills.

The tool will also help you figure out if you’re eligible for assistance. If you need a housing counselor, the tool will help you find one as well. Rental assistance is available across the country; many programs take applications from both landlords and renters.

Renters can only take advantage of the moratorium if they can prove they are unable to pay rent because of the pandemic, either because they lost their jobs or have extraordinary out-of-pocket medical expenses. They may also take advantage of the moratorium if they felt that losing their home will result in homelessness or placement in a homeless shelter. In addition, the eviction moratorium covers only those who expect to earn no more than $99,000 in 2021 (or $198,000 if married and filing jointly).

The moratorium does not keep rent from accruing, nor does it prevent landlords from evicting tenants for other reasons, such as damaging property or fighting with neighbors. Those who take advantage of the order must prove that they are making their best efforts to make timely partial payments. (Homeowners also have extended relief available from lenders and loan servicers.) 

What relief is available?

Some states and cities have extended the eviction moratorium. Maryland and the District of Columbia base their extension through the end of the national emergency period, and New Jersey's lasts for two months after the end of the emergency period. Several federal agencies announced extensions through September 30th, 2021 of eviction and foreclosure moratoriums for residents of properties financed or guaranteed by the U.S. government, including publicly-funded housing units, and those financed by Federal Housing Authority and Veterans Affairs loans or loans securitized by Fannie Mae or Freddie Mac.

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The largest chunk of aid comes from the federal government, which approved $25 billion in emergency rental assistance (ERA) through the Consolidated Appropriations Act of 2021, enacted in December. Another $21.55 billion came from the American Rescue Plan Act, enacted in March 2021, which also allowed funds to be used for moving and other expenses. The money is disbursed according to a state's share of the national population. The assistance can last 12 months, with the possibility of one three-month extension.

State and local agencies are distributing the money, and many of these agencies, the Treasury Department says, are just getting up and running. Less than 10 percent of the money approved by Congress has been paid out, according to The Wall Street Journal. “While some state and local programs are increasingly reaching households in need, others lag far behind, and many programs have just launched in recent weeks,” Treasury said in a July 2 statement. 

How to get aid

The first step is finding a state or local agency that can help you. One of the most comprehensive directories is maintained by NLIHC, which promises users are just two or three clicks away from an application. Alabama, for example, has eight agencies distributing rental assistance, which includes a statewide agency, several county agencies and one for the Choctaw tribe.

You'll need documentation to prove that you have lost your job or had your income reduced because of the COVID-19 pandemic. You'll also need to prove that your income is within the limits set by Congress. Agencies may be flexible as to the particular form of documentation they require, including permitting photocopies or digital photographs of documents, emails, or attestations from employers, landlords, caseworkers, or others with knowledge of your household's circumstances.

You may also have to get your landlord to agree to the terms of the rental assistance, which may include agreeing not to raise the rent or evict you for a certain period of time. If your landlord objects, you should see if you can get the funds directly, which is now easier than when the program was first authorized. And if you're a landlord waiting for back rent, you can also apply to get help from the government under the ERA program. AARP has strongly supported both landlords and tenants to ensure that all interests are considered in these national efforts to keep people housed.

You will still be eligible to get aid if you turn in your application at the last minute. But don't do that. If you miss the deadline, you simply may not get the aid.

John Waggoner covers all things financial for AARP, from budgeting and taxes to retirement planning and Social Security. Previously he was a reporter for Kiplinger's Personal Finance and USA Today and has written books on investing and the 2008 financial crisis. Waggoner's USA Today investing column ran in dozens of newspapers for 25 years.

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