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Center for Disease Control Moratorium on Evictions

Education News Uncategorized | November 17, 2020

The Center for Disease Control has issued a moratorium on evictions through December 31, 2020.  Renters unable to pay rent due to the toll COVID-19 has taken on their lives can sign and provide to their landlord a declaration demonstrating the need for protection from eviction.

According to a legal opinion from Immigrant Legal Center, there are no immigration-relevant eligibility factors which would prevent immigrants without documentation from asserting this eviction protection.

Tenants are responsible for the eventual payment of all rent and fees due, and are expected to make timely partial payments as possible.

Tenants must sign the official declaration form declaring under penalty of perjury that:

  1. The individual has used best efforts to obtain all available government assistance for rent or housing;
  2. The individual either (i) 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), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of 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, taking into account other nondiscretionary expenses; 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.

Links and Resources 

Frequently asked questions about this Eviction Moratorium can be found online here:

https://www.cdc.gov/coronavirus/2019-ncov/downloads/reviction-moratoria-order-faqs.pdf

The declaration can be found in these languages: Arabic, Burmese, Simplified Chinese, Traditional Chinese, Creole, Hmong, Punjabi (Gurmukhī), Russian, Somali, Spanish, Swahili Tagalog, Vietnamese.

For those with legal questions or legal issues related to COVID-19, call the general Legal Aid of Nebraska Access Line at 1-844-268-5627.

Recursos en Español (Resources in Spanish)

Frequently asked questions about this Eviction Moratorium and the Official Declaration Form in Spanish can be found here:

https://nlihc.org/sites/default/files/ES_National-Eviction-Moratorium_FAQ-for-Renters.pdf

Aquellos con preguntas legales o problemas legales relacionados con COVID-19, llame a la Línea de Acceso de Asistencia General de la Asistencia Legal de Nebraska al 1-844-268-5627.

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