INDIANA, USA — The CDC moratorium doesn't pause all evictions and is not automatic. Tenants must sign a CDC declaration, and give it to their landlord. Tenants must meet certain criteria to qualify for the moratorium too.
- The individual has used best efforts to obtain all available government assistance for rent or housing.
- The individual expects to earn no more than $99,000 in annual income for Calendar Year 2021 or no more than $198,000 if filing a joint tax return, was not required to report any income in 2020 to the IRS, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act
- 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.
- 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, considering other non-discretionary expenses
- 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
President Biden has extended the federal eviction moratorium until March 31, 2021.
But at the end of the day, since the moratorium is not law, it's still up to local courts to decide whether someone is eligible. And according to Marianne Conrad, the managing attorney at the New Albany office of Indiana Legal Aid, there's something else this moratorium doesn't cover.
"Another element of the eviction moratorium is that it does not relieve a tenant of the obligation to pay that rent. If there is rent still owing once the moratorium is over, they may be required to pay that rent," she said.
Conrad said that there are criminal penalties associated with a landlord not complying after a tenant notifies them, they could be covered under the moratorium
Angie Graf, is the Executive Director of Hope of Southern Indiana said, "There are loopholes. It is not a blanket statement that you cannot be evicted. You can be evicted for non-payment of rent."
Her agency has seen a dramatic increase in evictions since the pandemic first started in March 2020.
According to Hope of Southern Indiana's Service Summary from 3/16/2020- 2/4/2020, more than 650 families have asked for help. Graft said she has never seen those numbers before.
It is important to note that even if you have received an eviction notice, you can still fill out the CDC's paperwork if you believe you qualify for the moratorium.
According to Graft, Hope gave $102,937.92 to families in need of housing assistance in the past year, a stark increase from the $13,000 handed out in the year before.
"People are having to make a difficult decision between paying rent or getting food for their family or buying prescriptions," she said.
Where can you go for help?
Conrad said if you are on the brink of eviction, reach out for legal help immediately.
If you need rental assistance call the Salvation Army of Southern Indiana, the Hope Center, or Community Action of Southern Indiana.
If you need legal assistance, you can call the New Albany office of Indiana Legal Services.
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