On September 1, 2020, the Centers for Diseases Control issued a moratorium on evictions lasting through December 31, 2020.
To qualify for the moratorium, a tenant must meet the following criteria:
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.
The CDC makes it easy by allowing tenants to file a declaration laying out the facts supporting their eligibility.
Tenants are encouraged, but not requried, to provide supporting documetnation along with the declaration.
A sample declaration can be found here.
Maryland courts have interpreted the order in a way that could lead to confusion and at worst default judgments in failure to pay rent cases.
Maryland District Courts hear failure to pay rent cases. The court has taken the position that failure to pay rent cases will move forward even where a tenant uses the CDC Order as a defense with an important twist.
The courts will hear the cases to a conclusion but withhold entry of judgment until January 1, 2021, if the tenant meets the criteria set forth in the CDC Order.
I believe this approach could create chaos if a tenant were to believe the CDC Order meant that the case should not be filed and/or should not move forward.
If that occurs and a tenant does not show up the court will enter a default judgment robbing the tenant of the opportunity to contest the landlord’s claims.
An alternative and better approach in my view would have been to require landlords to determine if the CDC Order applied BEFORE filing a failure to pay rent case.
This requirement would be easy to implement by having the landlord request that the tenant provides the CDC declaration if applicable within a reasonable timeframe.
If the CDC declaration meets the criteria above then the landlord should wait until January 1, 2021, to file the failure to pay rent case.
If you or a loved one have a question about your rights as a tenant during this pandemic do not hesitate to call my office at 410-849-9529.
