Evictions

Evictions & Covid-19

Subsidized Evictions & CARES Act

Under the CARES Act, all properties subsidized by HUD or other federal governmental funding were prohibited from filing an eviction, sending a Demand Notice or Termination Notice, or charging late fees through July 28, 2020 ONLY. The CARES Act moratorium has now ended!

Temporary Halt in Residential Evictions

On September 1, 2020, the CDC issued Federal Register Doc. 2020-19654, which outlined the CDC’s orders and advise regarding the handling of residential evictions for nonpayment of rent. On September 4, 2020, the Rhode Island District Court Chief Judge LaFazia issued Administrative Order 2020-06 which implements the policies and procedures outlined in the CDC’s 2020-19654.

On December 27, 2020, then-President Donald J. Trump signed The Consolidated Appropriations Act which extended the effectiveness of the CDC’s Order until January 31, 2021. Shortly thereafter, on December 30, 2020, the Rhode Island District Court issued an Amendment to Order 2020-07, which also extends Rhode Island Administrative Order 2020-06 through January 31, 2021.

On January 20, 2021, now-Present Joe Biden signed an executive order extending the eviction moratorium through March 31, 2021. That same day, CDC Director Rochelle P. Walensky, MD, MPH, issued a media statement also extending the CDC Order suspending eviction actions through at least the same time period–March 31, 2021. The CDC medial statement can be found HERE. The Rhode Island District Court has yet to issue a new order or amendment to Order 2020-07, but new directives are expected any day now.On

Who is a “Covered Person” in the Moratorium?

A “covered person” as defined in the order means any tenant, lessee, or resident of a residential property who provides their landlord or property owner with a signed and notarized declaration stating that:

  1. The individual has used best efforts to obtain all available government assistance for rent or housing;
  2. The individual either:
    1. Expects to earn no more than $99,000 in annual income for calendar year 2020 (or no more than $198,000 if filing a joint tax return);
    2. Was not required to report any income in 2019 to the IRS; OR
    3. Received an Economic Impact Payment (stimulus check) pursuant to the CARES Act;
  3. The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;
  4. The individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit; and
  5. Eviction would likely render the individual homeless-or force the individual to move into and live in close quarters in a new congregate or shared living setting-because the individual has no other available housing options.

Paying Rent During the Moratorium

  • The CDC and District Court’s Orders do NOT mean you can simply stop paying rent and use it for other things! You are still under a continued obligation in (4) above to pay as much rent as you are able to during this time period. This rent does NOT go away!
  • You will owe this money as soon as the moratorium ends in February, and can be evicted then for nonpayment.

Evictions for Reasons Other Than Nonpayment of Rent

This moratorium on evictions is only for evictions stemming from nonpayment of rent. Evictions for other reasons–specifically noncompliance with the lease or termination of periodic tenancy– will still be filed, heard, and executed during this moratorium.

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