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Thats why ProPublica is publishing an interactive database to help renters find out if they may be covered. It lets you search for your address to find out whether you may be protected by a new federal ban on evictions. It also provides information on what state policies are in place to protect renters from losing their homes.
Entering A Rental Unit And Physical Distancing
A landlord can only enter a tenants unit in specific circumstances. In most cases, the landlord must:
- give the tenant 24 hours written notice
- state what day and time they will enter
- state the reason for entering the unit
There are some exceptions to this requirement, for example, in case of emergency. If the landlord has a valid reason for entering the unit, a tenant cannot refuse to let the landlord in.
COVID-19 update: During this unusual time, patience and understanding from landlords and tenants is necessary to help stop the spread of COVID-19. Landlords are encouraged to limit notices to enter, work collaboratively with their tenants, and to follow public health guidelines.
We encourage landlords who are selling tenant-occupied homes to:
- prioritize alternatives to in-person showings
- limit in-person showings
- follow the guidance of the Real Estate Council of Ontario
Landlords are subject to the Human Rights Code and have a duty to accommodate tenants under protected grounds, including people with disabilities. For example, conducting an in-person showing when a tenant has an immune-compromising condition could lead to a complaint under the Code.
People are encouraged to work together to protect the health and safety of tenants, landlords and the public at large.
Some Tenants Are Protected From Evictionfor Covid
COVID-19 rental debt is rent and other payments required under the rental agreement, like utilities or parking fees, that came due between March 1, 2020 and September 30, 2021.
The law protects tenants from eviction for not paying COVID-19 rental debt due between:
March 1, 2020 and August 31, 2020, if the tenant gave their landlord a COVID-19-Related Declaration of Financial Distress by the 15-day Notice deadline
September 1, 2020 and September 30, 2021, if the tenant gave their landlord a COVID-19-Related Declaration of Financial Distress and paid 25% of their COVID-19 rental debt by September 30, 2021
Tenants still owe COVID-19 rental debt. A landlord can sue their tenant for COVID-19 rental debt in small claims or civil court.
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How Do The Protections Work
RESIDENTIAL TENANTS
Residential Tenants covered under the Countys COVID-19 Tenant Protections must notify their landlord, through a self-certification within seven days after rent is due, unless extenuating circumstances exist. Between October 1, 2020 and September 30, 2021, Residential Tenants must comply with the certification requirements established in the states eviction protections 3088, Senate Bill 91, and AB 832) in order to be protected from eviction.
For more information on the states eviction protections, please visit: www.housing.ca.gov
COMMERCIAL TENANTS
Commercial tenants are responsible for providing notice to their landlord if they are unable to pay rent due to financial impacts related to the COVID-19 pandemic within seven days after rent is due, unless extenuating circumstances exist. Tenants with nine employees or fewer may self-certify their inability to pay rent to their landlord, either orally or in writing. Tenants with ten or more, but no more than one hundred , employees will need to provide written documentation that demonstrates inability to pay rent due to financial hardship related to COVID-19 to their landlord. If they can do so, Tenants are encouraged to pay partial rent during the COVID-19 Tenant Protections period. Additionally, a landlord must provide Tenant with nine employees or fewer a copy of their rights under the Countys protections within ten days of issuing a notice of nonpayment.
What Landlords Need To Know And Do
Landlords who receive a Tenant Notice of COVID-19 Impact and have not applied for emergency rental assistance funds from either the city or state must register with the Department of Housing no later than the fifth day after issuing a five-day notice of termination of tenancy.
3. Landlords that do not come to an agreement with a tenant after the negotiation period ends and file an action with the Circuit Court to evict the tenant for nonpayment, must file an affidavit with the action affirming reasonable attempts to contact the tenant and negotiate in good faith faith and, that the landlord registered for the Emergency Rental Assistance Program or similar program offered by the state or county.
Template Affidavit Confirming Landlord Compliance with COVID-19 Eviction Protection Ordinance
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Notice Of Available Federal Resources
While this order to prevent eviction is effectuated to protect the public health, the States and units of local government are reminded that the Federal Government has deployed unprecedented resources to address the pandemic, including housing assistance.
The Department of Housing and Urban Development has informed CDC that all HUD granteesstates, cities, communities, and nonprofitswho received Emergency Solutions Grants or Community Development Block Grant funds under the CARES Act may use these funds to provide temporary rental assistance, homelessness prevention, or other aid to individuals who are experiencing financial hardship because of the pandemic and are at risk of being evicted, consistent with applicable laws, regulations, and guidance.
HUD has further informed CDC that:
HUD’s grantees and partners play a critical role in prioritizing efforts to support this goal. As grantees decide how to deploy CDBG-CV and ESG-CV funds provided by the CARES Act, all communities should assess what resources have already been allocated to prevent evictions and homelessness through temporary rental assistance and homelessness prevention, particularly to the most vulnerable households.
Similarly, the Department of the Treasury has informed CDC that the funds allocated through the Coronavirus Relief Fund may be used to fund rental assistance programs to prevent eviction. Visit for more information.
Can I Be Evicted During Coronavirus
by Al Shaw, Ellis Simani and Jeff Ernsthausen, ProPublica, May 18, 2020. Updated August 12, 2020
On Sept. 4, the Centers for Disease Control and Prevention issued an order that protects most renters from eviction for nonpayment of rent through Dec. 31, 2020. You can find out more about whether you qualify and how to protect yourself by checking the Consumer Financial Protection Bureau’s website. If you have an eviction pending that was filed against you between March 27 and July 24, you can still check below to see if you may be protected by a previous federal eviction ban.
The federal government has ordered a halt to all evictions until July 25 against tenants who cant pay their rent in properties that have federally backed loans or that participate in certain programs. After that, landlords have to give 30 days notice to vacate, so you may be protected from legal action until August 25. Use this database to search apartment buildings nationwide to find out if your rental unit may qualify for eviction protection. Related story | About this database
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Suspending Evictions During Covid
To protect the health and well-being of Minnesotans during the pandemic, the Governor signed an order to suspend evictions. However, rent is not reduced or waived during this time. Once the suspension has ended, owners can file for evictions and removals can be enforced. Not paying rent on time can impact credit or cause problems that impact future housing options.
More information on the Executive Order. This Frequently Asked Questions document provides more information about the order that suspended evictions. .
What Impacted Tenants Need To Know And Do
Chicago residential tenants who have lost income as a direct or indirect result of the COVID-19 pandemic should notify their landlords in writing within five days of receiving an eviction notice to further protect themselves from eviction.
This written notification can take place through letter, email or text message. This can be a message as simple as I have been unable to pay rent because I have been financially affected by the COVID-19 pandemic. A more formal template isavailablebelow.
Tenant to Landlord COVID-19 Template
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Status Of Federal And State Eviction Moratoria
State of Illinois
Gov. J.B. Pritzker has announced that starting Aug. 1, 2021 landlords will be able to file for eviction for nonpayment, and that evictions will not be enforced until Oct. 3, 2021. Visit theCity’s Eviction and Lockout Resources page for further information.
Federal
The Centers for Disease Control and Prevention issued an Eviction Moratorium Order that temporarily delayed certain evictions in counties experiencing high levels of COVID-19 transmissions, provided the tenant met certain eligibility requirements. On Aug. 26, 2021, the U.S. Supreme Court issued a decision that ended the pandemic-related federal moratorium on residential evictions.
I Cant Pay My Rent Because Of Covid
Remember: In Florida, your landlord is never allowed to evict you without a court order. If your landlord tells you to leave your home before a judge orders you to, you do not have to move out.
The CDCs Eviction Moratorium has been invalidated and is no longer in effect. You can read the U.S. Supreme Courts opinion for more information.
The property you live in may be subject to the CARES Act although most of the housing protections included in the CARES Act have expired. To find out whether you may benefit from CARES Act protections you can visit florida.evictionprotection.org.
If your landlord files an eviction case against you, contact an attorney immediately. You can find information about your local legal aid here:
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Eviction Moratorium In New York
The COVID-19 Emergency Eviction and Foreclosure Prevention Act expired on January 15, 2022 .
New Yorks Office of Temporary Disability Assistance reopened the application portal for rent relief in early January, and landlords cannot file evictions while tenant applications are pending. Considering that New York ran out of money to fund rent relief for landlords, it sounds like an eviction moratorium by another name.
Former governor Andrew Cuomo also issued executive orders banning late fees and requiring landlords to allow tenants to use their security deposit toward rent. That leaves landlords completely unprotected in the case of tenant damage to their units.
The law does add some minor protections for landlords against foreclosure. But landlords still need to pay their outstanding mortgage balances, and the late payments still ruin their credit history.
Remaining State Eviction Moratoriums: Overview
Beyond the federal moratorium on evictions, many states and individual cities have put their own eviction bans in place.
Consider the following a quick summary of the largest eviction moratoriums in place on the state and city levels that local landlords need to understand before breaching them unwittingly.
As a quick reference guide, here are the remaining states that impose an eviction moratorium of some sort or another, as of 1/14/22:
Connecticut: Landlords cant file for eviction unless theyve applied for federal rental assistance.
Massachusetts: Landlords cant evict tenants if they have a pending application in for rent assistance, through April 2022.
Minnesota: Landlords cannot evict renters with pending COVID-19 rental assistance applications. The moratorium is scheduled to end on June 1, 2022.
Nevada: Landlords cant evict tenants if they have a pending application in for rent assistance.
New Jersey: Landlords can now file to evict most delinquent tenants, but not those earning 120% of the countys median income who owe rents between March 1, 2020 and Aug. 31, 2021.
New Mexico: Tenants can pause eviction for nonpayment of rent if they can prove they are unable to pay it.
New York: Eviction moratorium expired 1/15/22, for tenants whove endured a Covid-related setback or for whom moving could pose a health risk. Landlords also cant evict tenants if they have a pending application in for rent assistance.
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Nationwide Moratorium On Evictions
The original CARES Act eviction moratorium expired in late July 2020, only to be replaced by a far more comprehensive eviction ban by the CDC. It blocked landlords from filing for eviction against most US tenants, and was extended five times before the US Supreme Court ruled it unconstitutional on 8/26/21.
Landlords can now initiate the eviction process once again on tenants in violation of their lease. At least in states and cities without their own eviction ban.
The federal moratorium made lease agreements effectively one-way legal contracts. Landlords had to continue providing their service, but tenants could break their obligations with no enforcement mechanism in place for landlords. That left many landlords pinched with no rental income but lenders still demanding mortgage payments, local governments still demanding property taxes, properties still requiring maintenance, and insurance companies still sending bills.
While landlords could not file for eviction, tenants were still technically obligated to pay their rents, and after the eviction moratoriums expired, back rent is still due. That left many housing experts fearful of an eviction crisis in 2021, but it simply didnt happen.
Don’t Leave Your Home
The most important thing to do if you get an eviction notice is not to leave your home right away, Cea Weaver, statewide campaign coordinator for the Housing Justice for All coalition, tells CNBC Make It. Often, tenants do not realize that they have rights and can fight an eviction order in court. You can look up your state’s eviction process here.
“The No. 1 thing to know right now is you have rights,” says Weaver. “You can defend yourself in court. You can fight for your home.”
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‘unfathomable’ Public Health Damage Without Action
Throughout the pandemic, officials have often repeated the mantra of were in this together and how interconnected communities are.
But Sad, Gharibnavaz, Boozary and Nithiananthan all said there is a huge disconnect from public officials policies and their claims that theyre doing everything to protect citizens from COVID-19.
Boozary said lifting eviction bans, repeated pushbacks against paid sick days, and disproportionate access to vaccines have all led to a tale of two pandemics where vulnerable Canadians are hit harder than everyone else.
Sad, a landlord herself, called for regular access to rent subsidies or forgivable loans, and expanding the criteria for municipal rent banks, which provide interest-free loans.
Boozary, who said we know how closely linked housing and health are, went a step further and advocated for a housing-for-all option, especially during the pandemic when he said there are potentially tens of thousands of Canadians without homes.
If theres a failure to do so, he said, we will only see a degradation in public health going forward and a widening income inequality that is probably unfathomable at this time.
Edited by CTVNews.ca’s Ryan Flanagan
Where Can I Get Help With Paying My Rent
Ohio has allocated funding to Community Action Agencies to provide rent, mortgage and water and/or sewer assistance to Ohioans in need in all 88 counties. This assistance can help Ohioans pay outstanding balances back to April 1, 2020. Ohio households behind on their bills with an annual income at or below 200% of the federal poverty guidelines will be eligible for assistance. You can apply for rental assistance now through your local Community Action Agency.
If you get federal help to pay your rent, like through a Section 8 housing choice voucher or live in public or subsidized housing, you should ask for an “interim recertification” to reduce your rent.
Even if you qualify for the moratorium or if your eviction has been delayed, your past due rent still needs to be paid. You should use this time to negotiate with your landlord to see if you can arrange a payment plan. Get any agreement in writing.
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Can I Be Evicted For Getting Sick
No. Your landlord is not supposed to ask about illnesses or other disabilities, nor can your landlord treat you differently than anyone else due to an illness. This includes whether you have COVID-19 or any other illness or disability.
See these articles for more details:
- Reasonable Accommodations and Disability Discrimination in the Context of COVID-19 from the National Housing Law Project
Eviction Protections For Renters
The State of Californias temporary ban on evictions for nonpayment of rent related to the COVID-19 pandemic expired September 30, 2021.
Tenants who have questions about their legal rights or pending eviction actions may call:
- Legal Aid Society of San Diego 534-2524 www.lassd.org
- San Diego Volunteer Lawyer Program 235-5656 x127
- Tenants Legal Center 571-7100
State Assembly Bill 832, signed into law June 28, 2021, includes eviction protections for renters, such as:
Emergency Rental Assistance COVID-19 Housing Stability Assistance Program
In the City of San Diego, the San Diego Housing Commission administers the City of San Diego COVID-19 Housing Stability Program. This program helps pay rent and utilities for qualifying households with low income experiencing financial hardship due to or during the COVID-19 pandemic.
To access the application portal, visit
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Does My Landlord Have To Take Any Special Steps To Evict Me
Yes. Your landlord has to follow strict rules and file a court case before they can evict you. Find out about the eviction process here.
Some local governments also have special notice requirements. In these areas, the landlord may have to give you extra time to find a new home or make up rent. If they do not follow these steps, they may be fined or even barred from evicting you. See information about special notice requirements here.
