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CDC Eviction Moratorium Extended to January 31, 2021

Authored By: Legal Aid Services of Oklahoma, Inc. LSC Funded
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Contents

Information about the CDC Moratorium

Information about CDC Moratorium
If you are behind on rent due to COVID, the CDC has ordered an eviction moratorium extended through January 31, 2021 that may apply to your situation.
The form to give your landlord is linked to this information.

Please carefully read the Declaration you are signing to be sure you qualify.
You must use your best efforts to obtain all available government assistance for rent or housing.  If you have questions, please talk with a lawyer.

You can still be evicted for lease violations or criminal activity!
 

GOVERNMENT ASSISTANCE FOR RENT OR HOUSING
By signing the Declaration, you state that you have used your best efforts to obtain all available government assistance for rent or housing.

Here's how:

  • Call 211 to find available resources rent or housing assistance in your area

Information

BACKGROUND

The Centers for Disease Control order declares a national moratorium on certain residential evictions for nonpayment of rent, as well as other fees or charges.  The moratorium is now set to expire on January 31, 2021, unless further extended.1 The moratorium applies only to tenants being evicted for not paying rent who meet certain requirements and provide a signed form declaration (attached) to their landlords.

To sign the declaration, a tenant must be able to meet certain financial criteria, be unable to pay full rent due to an income loss or “extraordinary” medical bills, have used best efforts to obtain governmental rent assistance, likely become homeless or forced to “live in close quarters” in another residence if evicted, and use best efforts to make timely partial payments as circumstances permit.   

INFORMATION FOR DECLARATION

This is general legal information. It is not a substitute for legal advice.

YOU SHOULD KNOW…
•    Every adult listed on the lease, rental agreement, or housing contract should complete their own declaration.
•    Make at least one copy of the signed Declaration and keep it for your records.  
•    If you have an eviction hearing, GO TO COURT and take a copy to show the Judge.  
•    to be protected by the moratorium, you must provide a copy of this declaration to your landlord or housing provider. Do not mail it to Legal Aid.
•    You still owe rent during this moratorium, and you must follow all the other terms of your lease and rules of the place where you live. 
•    You may still be evicted for reasons other than not paying rent. 
 

GOVERNMENT ASSISTANCE FOR RENT OR HOUSING

  • Call 211 to find available resources rent or housing assistance in your area

WHAT YOU ARE ATTESTING TO (or swearing is true) IF YOU FILL OUT, SIGN, AND GIVE A COPY TO YOUR LANDLORD

  1. You have used best efforts to obtain all available government assistance for rent or housing;  
    "Available government assistance” means any governmental rental or housing payment benefits available to the individual or any household member.

  2. One of these is true about your situation

  • You either expect 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),

  • You were not required to report any income in 2019 to the U.S. Internal Revenue Service, or

  • You received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act

  3.  You are unable to pay your full rent or make a full housing payment due to

  • substantial loss of household income,

  • loss of compensable hours of work or wages, lay-offs, or

  • extraordinary  out-of-pocket medical expenses

 4.  You are using best efforts to make timely partial payments that are as close to the full payment as my circumstances may permit, taking into account other nondiscretionary expenses.

 5.  If you were evicted, you would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.

 6.  You understand that that you must still pay rent or make a housing payment, and comply with other obligations that you may have under my tenancy, lease agreement, or similar contract. You also understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected. 

 7. You understand that at the end of this temporary halt on evictions on January 31, 2021, your housing provider (or landlord) may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws. 

 8. You understand that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.
 

GOVERNMENT ASSISTANCE FOR RENT OR HOUSING
By signing the Declaration, you state that you have used your best efforts to obtain all available government assistance for rent or housing.

Here's how:

  • Call 211 to find available resources rent or housing assistance in your area

  
Free legal help is available to low-income persons and persons over 60. 
To apply, call Legal Aid Services of Oklahoma at 1-888-534-5243.

This information is current as of 12/28/2020.
 

[1]85 Fed. Reg. 55292 (September 4, 2020), as extended by the Consolidated Appropriations Act, 2021, Division N—Additional Coronavirus Response and Relief, Sec. 502.

Download the Declaration to PRINT, SIGN and GIVE TO YOUR LANDLORD

Last Review and Update: Dec 29, 2020
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