Nationwide temporary halt in residential evictions

Nationwide temporary halt in residential evictions

The Centers for Disease Control and Prevention (CDC) issued a nationwide eviction ban, temporarily halting all residential evictions to prevent the further spread of COVID-19. CDC Director Dr. Robert Redfield signed a declaration determining that the evictions of tenants present a historic threat to public health.

This Federal Order is effective now through December 31, 2020. To view the Order, click here.

To be protected by the Order, tenants must provide an executed copy of the declaration form (under penalty of perjury) to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live. Each adult listed on the lease, rental agreement, or housing contract should complete and provide a declaration.

To download a copy of the declaration form visit, cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf. For additional information, email [email protected].

All evictions petitions must specify:

  • Whether the property is a “covered dwelling.”
  • Whether the landlord is a “multifamily borrower under forbearance.
  • The landlord has provided the tenant a 30-day notice to vacate.
  • The tenant has provided the landlord with a declaration.

Landlords must specify the following to tenants & confirm specification in the filed evictions petition:

  1. “The Centers for Disease Control issued an order stopping some evictions. You may be able to stop your eviction if you sign the attached Declaration under Penalty of Perjury for the Centers for Disease Control and Prevention’s Temporary Halt in Evictions to Prevent Further Spread of COVID-19 and provide it to your landlord and the court. Before signing the Declaration, please read it carefully and make sure all the statements are true. The Declaration is sworn, meaning you can be prosecuted, go to jail, or pay a fine if any statements are not true. Find out more about the order at TexasLawHelp.org.”
  2. Provide tenant a copy of the declaration form, titled Declaration under Penalty of Perjury for the Centers for Disease Control and Prevention’s Temporary Halt in Evictions to Prevent Further Spread of COVID-19, (“CDC Declaration”) that is attached to the CDC’s Order or a similar declaration form

Judges have the authority to question:

  • Whether the premises is a “covered dwelling” and the landlord is a “multifamily borrower” under forbearance subject to Sections 4024 and 4023 of the CARES Act, respectively; and
  • Whether the defendant is aware of the CDC Order and has had an opportunity to complete the CDC Declaration or a similar declaration; and

If a tenant provides the CDC declaration (or similar) after the eviction petition is filed:

  • The tenant must file the declaration with the court and serve a copy to the landlord.
  • The court must abate the eviction action, including the issuance and execution of any writ of possession.

An eviction action may proceed only if:

  1. The landlord contests the defendant’s declaration or the CDC Order;
  2. The judge holds a hearing to determine whether the action should proceed; and
  3. The judge determines that the action should proceed and signs a written order stating:
    1. The reasons for the determination that the action should proceed; and
    2. Procedures for the action to proceed.

Effective immediately, the order expires December 15, 2020, unless extended by the Chief Justice of the Supreme Court. 

To read the full order visit, txcourts.gov/media/1449728/209109.pdf.

 

Share this: