On July 31, the nearly year-long federal eviction moratorium came to end, leaving millions of renters in danger of losing their home for non-payment of rent. However, the federal ban on evictions has since been extended to the rejoice of renters and chagrin of landlords.
The new federal eviction moratorium
Under the new federal eviction moratorium, renters in counties with high rates of coronavirus transmission cannot be evicted. The moratorium will last until October 3. As of August 1, over 80% of counties in the U.S. had “substantial” or “high” levels of community transmission. This encompasses 90% of renters. However, this eviction protection will end once a county’s transmission levels drop below “substantial” or “high” for 14 days in a row. According to the Centers for Disease Control and Prevention, in the period between July 28 and August 3, Essex County in New Jersey had “substantial” levels of community transmission.
Renters must provide their landlord with a written declaration to be covered under the new eviction moratorium. In addition, if an eviction was completed between August 1 through August 3 will not be protected by the new moratorium order, because the order is not retroactive.
Landlords express frustration with the new ban
Landlords across the nation are expressing frustration at the extension of the moratorium ban. They believe the administration did not have the legal authority to extend the eviction ban. Rental home property owners have lost billions of dollars due to the previous eviction moratorium. Lawsuits are being filed by the New Civil Liberties Alliance and other organizations representing landlords, arguing that the new eviction ban was unconstitutional and exceeded the CDC’s statutory authority.
Learn more about real estate law in New Jersey
This new eviction moratorium will likely prove confusing for both landlords and renters who are now wondering what they are permitted to do. However, help is available. Our firm’s webpage on real estate law may be of interest to those who want to learn more about their rights and options.