Virginia Legal Aid Society (VLAS) is reminding local tenants and landlords that the Centers for Disease Control Eviction Moratorium currently remains in place despite a recent federal court ruling. In an expansive decision, a federal judge in Washington, D.C. ruled that the CDC did not have the authority to impose an eviction moratorium.
The judge granted the U.S. Justice Department’s request for an emergency stay of the order pending its appeal of the decision.
“Tenants should continue to ask for evictions to be stopped and should apply for rental assistance from the Virginia Rent Relief Program,” said David Neumeyer, VLAS’s Executive Director. “This is our recommendation for the foreseeable future, regardless of the CDC moratorium’s legal status.”
While the CDC eviction moratorium remains in place, tenants should continue to use its protections if they qualify for it. It is important for tenants to know that the CDC eviction moratorium is not automatic. Tenants must first fill out and sign a CDC Declaration form and give it to their landlord and the court if it is already involved. Tenants are encouraged to contact Legal Aid for assistance with this. Tenants can get the Declaration form at https://bit.ly/3eW8SmY.
The Virginia Rent Relief Program provides rental assistance to tenants who qualify. RRP will pay a landlord all back rent and fees owed by their tenant from April 1, 2020 to the present. The tenant must meet certain pandemic-related criteria to qualify. Both tenants and landlords can apply. We encourage tenants to contact Legal Aid for assistance. Tenants can apply online and by phone. Landlords can apply online. For more information, visit https://bit.ly/3vNIodW
The Justice Department issued the following statement after the decision
“The CDC’s eviction moratorium – which Congress extended last December, and the CDC later extended through June 30, 2021 – protects many renters who cannot make their monthly payments due to job loss or health care expenses. Scientific evidence shows that evictions exacerbate the spread of COVID-19, which has already killed more than half a million Americans, and the harm to the public that would result from unchecked evictions cannot be undone.
“The Department of Justice respectfully disagrees with the decision of the district court in Alabama Association of Realtors v. HHS concluding that the moratorium exceeds CDC’s statutory authority to protect public health. In the department’s view, that decision conflicts with the text of the statute, Congress’s ratification of the moratorium, and the rulings of other courts.”
Virginia Legal Aid Society is a nonprofit law firm that provides legal information, advice, and representation in civil cases to underprivileged individuals and families. Visit vlas.org for more.
