CDC Order Extends Eviction Moratorium to October 3 in Vast Majority of U.S.

Posted By: Jon Lowder Blog ,

Today, August 3, 2021, the CDC issued a new order halting evictions after its previous order had expired after July 31, 2021. This order (you can read the full thing here) differs slightly from previous versions of the "eviction moratorium" in that it doesn't necessarily apply to every county. Here are some excerpts from the "Applicability" section of the CDC's order:

This Order applies in U.S. counties experiencing substantial and hgh levels of community transmission levels of SARS-CoV-2 as defined by CDC, as of August 3, 2021. If a U.S. county that is not covered by this Order as of August 3, 2021 later experiences substantial or high levels of community transmission while this Order is in effect, then that county will become subject to this Order as of the date the county begins experiencing substantial or hgh levels of community transmission. If a U.S. county that is covered by this Order no longer experiences substantial or high levels of community transmission for 14 consecutive days, then this Order will no longer apply in that county, unless and until the county again experiences substantial or high levels of community transmission while this Order is in effect...

Nothing in this Order precludes eviction based on a tenant, lessee, or resident: (1) Engaging in criminal activity whole on the premises; (2) threatening the health or safety of other residents; (3) damaging or posign an immediate and signficatn risk of damage to property; (4) violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or (5) volating 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).

The order also clarifies what happens with those cases that were initiated on August first and second:

Any evictions for nonpayment of rent initiated prior to issuance of this Order but not yet completed, are subject to this Order. Any tenant, lessee, or resident of a residential property who previously submitted a Declaration, still qualifies as a "Covered Person" and is still present in a rental unit is entitlted to protections under this Order. Any eviction that was completed before issuance of this Order including from August 1 through August 3, 2021 is not subject to this Order, as it does not operate retroactively.

If you're curious which counties currently qualify, here's a link to the CDC's data tracker site. Below is a screenshot of North Carolina taken on August 3; all counties that are red have high levels of community transmission and counties that are orange have substantial and as you can see, almost every county in the state will be covered by the CDC's order.

Source: CDC COVID Data Tracker

PTAA will provide updates as they become available.