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How to qualify, take advantage of CDC eviction moratorium

The moratorium is not automatic; tenants must first provide a declaration form, signed under penalty of perjury, proving they meet five eligibility requirements.

IOWA, USA — Friday, the Centers for Disease Control (CDC) published an emergency order pausing residential evictions through December 31.

Unlike the moratorium under the CARES Act, which ended in July, this order legally prohibits all landlords or rental agencies, not just federally-affiliated ones, from evicting anyone for not paying rent, according to Iowa Legal Aid's Alex Kornya.

It's important to note that this moratorium does not cancel rent payments; that obligation is still there.  All it does is takes away the landlord's power to evict in certain situations.

If possible, Iowa Legal Aid recommends working with your landlord to make any payments that you can, and to keep evidence of every payment you make.

This moratorium is not automatic.  In order to take advantage, tenants have to give a signed declaration form to their landlord, along with proof that:

  1. They used their "best efforts" to get all available government rental/housing assistance.
  2. They expect to make less than $99,000 in 2020 (or less than $198,000 if you file a joint tax return), received a 2020 stimulus payment, or haven't been required to report any 2019 income to the IRS
  3. They're unable to pay rent for one of the following reasons:
    • Substantial loss of household income
    • Loss of work hours
    • Wage reduction
    • Out-of-pocket medical expenses amounting to more than 7.5% of income
  4. They're using their "best efforts" to make payments that are as close to their rent as their individual circumstances allow
  5. An eviction would either make the tenant homeless, or force them to move into a new shared living space because they have nowhere else to go

For a full list of FAQs and other helpful tips on how to navigate the CDC's eviction moratorium, visit the Iowa Legal Aid website.

   

The full moratorium can be found below:

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