CDC EVICTION MORATORIUM EXTENDED TO JUNE 30 2021

1. Provides that individuals who are confirmed to have, or have been exposed to, or who “might have” Covid-19 and take reasonable precautions to not spread the disease cannot be evicted based on the legal ground that the resident has Covid-19 and poses a health or safety threat to other residents.  Accordingly, this appears to prohibit eviction not just for non-payment, but for endangerment / having covid/exposure to Covid-19.  The CDC Order is poorly worded and could be read also to prohibit (or at least strongly discourage) evicting people who simply claim to have Covid-19 or been exposed to Covid - even if you are evicting for other reasons not related to (1) resident having/might have Covid-19 or (2) non-payment of rent.
2. Provides that criminal trespass cannot be “sole” grounds to evict if the underlying cause of the trespass is non-payment of rent.   This seems it may implicate non-renewals and termination of periodic tenancies (like month-to-month\), where the reason for non-renewal or termination was solely non-payment of rent.
3. Continues to allow evictions for:

                                                       i.      Engaging in criminal activity on the premises;

                                                      ii.      Threatening the health or safety of other residents;

                                                    iii.      Damaging or posing an immediate and significant risk of damage to property;

                                                    iv.      Violating any applicable building code, health ordinance or similar regulation relating to health                                                                   and safety; or

                                                      v.      Violating any other contractual obligation, other than the timely payment of rent or similar                                                                        housing-related payment (including non-payment or late payment or fees, penalties, or                                                                            interest). 

1. This final provision (v) continues the unresolved issue that the CDC Order is not clear whether it is a violation of the CDC Order - to not renew a lease or periodic tenancy or evictions for non-renewals or end of lease holdovers.
   IF YOU RECEIVE A DECLARATION FOR  RESIDENT UNDER, OR COMING UP ON, NON-RENEWAL OR END OF LEASE

                                                       i.      It would seem safe in a “term lease” to evict for holdover, since this is a “contractual obligation,” to move out.  However, safest practice is to hold off on eviction until the CDC moratorium ends.

                                                      ii.      If the lease converts to month-to-month at lease end (“periodic tenancy”), then it is uncertain whether it is unlawful to send a non-renewal notice to someone who has provided you a CDC Declaration or to evict after non-renewal holdover, but more likely to be unlawful if the reason for non-renewal is solely the non-payment of rent.  Safest practice is to hold off on non-renewal and allow the tenancy to convert to month-to-month until the CDC moratorium ends.

                                                    iii.      If the lease is currently month-to-month and you wish to terminate the periodic tenancy, I believe it is more likely than not to be unlawful to terminate the tenancy if you received a Declaration if the reason for termination is solely non-payment of rent. Safest practice is to hold off on eviction until the CDC moratorium ends.

REMINDER - CARES ACT STILL IN PLAY – REQUIRING 30-DAY NOTICE TO VACATE/30-DAY PAY DEMANDS – BEFORE EVICTION - IF PROPERTY OR RESIDENT IS (1) SECTION 8 (2) PROJECT BASED AFFORDABLE HOUSING OR (3) PROPERTY SUBJECT TO FEDERALLY BACKED MORTGAGE

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