AlaskaLawHelp.orgAlaska

What does the CDC's COVID-19 Eviction Moratorium do?

Authored By: Alaska Legal Services Corporation
Contents

Frequently asked questions from renters about the CDC Eviction Moratorium

  1. How do I know if I am covered by the CDC's eviction moratorium?
  2. What steps must I take to be protected by the CDC's eviction moratorium?
  3. Do I need to provide proof that I meet the qualifications for protection under the CDC's eviction moratorium?
  4. Do I need to show proof that my "substantial" financial hardship is related to COVID-19?
  5. Is giving the signed declaration to my landlord like making a statement in court?
  6. If I have roomates, do we each need to fill out a declaration for the landlord?
  7. What if my landlord ignores the declaration and moves forward with eviction?
  8. What if I am in the process of being evicted?
  9. Should I still pay my rent?
  10. Does the moratorium include any money to help me pay rent?
  11.  Can I be evicted when the moratorium expires?
  12. Does the CDC's eviction moratorium protect me from eviction for reasons other than not paying rent?

Thanks to the National Low Income Housing Coalition and National Housing Project for providing the FAQ this is based on.

 

How do I know if I am covered by the CDC's eviction moratorium?

There is an online tool you can use to prepare a declaration. The tool was prepared by the Kentucky Equal Justice Center and is useable nationwide.

A PDF version of the declaration is available on this page.

 

To be eligible, renters must meet the following qualifications:

  • You have used your “best efforts” to obtain government rental assistance;
  • You do not expect to earn more than $99,000 in 2020 (or $198,000 if you are married and filed a joint tax return), or you did not need to report income to the federal government in 2019, or you received an Economic Impact Payment this year;
  • You have been experiencing a “substantial” loss of household income because of a layoff or reduced work hours, or you have “extraordinary” out-of-pocket medical expenses (defined as an unreimbursed medical expense that exceeds 7.5% of your adjusted gross income for the year);
  • You have been making your best effort to make partial rent payments as close to the full amount due as possible; and
  • Being evicted would cause you to become homeless or you would have to move in with a friend or family member (live “doubled up”).

 

What steps must I take to be protected by the CDC's eviction moratorium?
If you meet all of these conditions listed above, you must send a signed declaration to your landlord. There is a copy of the declaration at the end of the CDC’s order, and we have provided a streamlined version at the end of this document.
Sending the declaration to the landlord by certified mail or email is best because you have proof that the declaration was delivered. You should also make a copy of the declaration to keep for your records.

There is an online tool you can use to prepare a declaration. The tool was prepared by the Kentucky Equal Justice Center and is useable nationwide.

A PDF version of the declaration is available on this page.


Do I need to provide proof that I meet the qualifications for protection under the CDC's eviction moratorium?
The CDC’s order does not require you to provide any proof with the declaration. However, you may want to have documents on hand in case your landlord attempts to challenge the declaration.


Do I need to show proof that my "substantial" financial hardship is related to COVID-19?
No. The CDC’s order does not require that a renter’s financial hardship be COVID-related. 

 

Is giving the signed declaration to my landlord like making a statement in court?

Yes. The CDC's order says that the information you provide on the declaration is a "sworn statement." A person who signs a declaration and knows that it says things which are not true may be committing a crime.


If I have roomates, do we each need to fill out a declaration for the landlord?
Yes. The CDC’s order specifies that every adult on the lease should sign and send their own declaration.


What if my landlord ignores the declaration and moves forward with eviction?
First, call Alaska Legal Services Corporation (1-888-478-2572) to apply for legal help.

Landlords who violate the CDC’s order may be fined up to $100,000, face up to a year in jail, or both if the evicted person contracts coronavirus as a result of the eviction. If an evicted tenant dies of coronavirus, the landlord could be fined up to $250,000, face up to a year in jail, or both.


What if I am in the process of being evicted?
Because the order blocks all phases of the eviction process, eligible tenants going through an eviction should provide their landlord with a signed declaration to halt the eviction as soon as possible.


Should I still pay my rent?
Yes. If you are able, you should still pay as much of your rent as possible in order to continue meeting the qualifications for the moratorium. The declaration requires you to agree that you will make partial payments to your landlord to the extent your circumstances allow it. All back rent will have to be paid once the moratorium expires on December 31, 2020.


Does the moratorium include any money to help me pay rent?
No. Without rental assistance, the moratorium doesn’t ultimately prevent evictions – it just delays them.


Can I be evicted when the moratorium expires? 
Yes. The moratorium expires on December 31, 2020.

 

Does the CDC's eviction moratorium protect me from eviction for reasons other than not paying rent?

No. The CDC's order only protects tenants who cannot pay their rent, it does not protect renters who have broken their lease agreement in other ways (for example by damaging the property, by having guests stay too long, or by being too noisy).

Declaration for CDC Eviction Moratorium

The Alaska Court system's Question and Answer about the CDC's Eviction moratorium: www.courts.alaska.gov

Last Review and Update: Sep 08, 2020