The Centers for Disease Control and Prevention (“CDC”) has extended the federal eviction moratorium through October 3, 2021 in U.S. counties experiencing “substantial” and “high” levels of community transmission of COVID-19.
While New York City is included under the CDC definitions of high community transmission, the Order does not apply in any state or local area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in the CDC Order. As such, until August 31, 2021 (the current expiration of the NYS COVID-19 Emergency Eviction and Foreclosure Prevention Act), the CDC Order does not currently apply to NYC.
If NYS does not further extend the Emergency Eviction and Foreclosure Prevention Act, the CDC Order would become effective in New York City on September 1, 2021, if NYC is still experiencing substantial or high levels of community transmission. A county can become exempt from the CDC Order if the transmission levels drop below the substantial or high threshold for a period of 14 consecutive days.
Similar to the NYS moratorium, the CDC Order provides evictions based on certain exemptions, such as in the event a tenants is “(1) engaging in criminal activity while on the premises; (2) threatening the health or safety of other residents; (3) damaging or posing an immediate and significant risk of damage to property; (4) violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or (5) violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest).” Click here to read the Order.
We will continue to monitor federal, state, and local legislative and executive orders and provide updates accordingly. Please contact our litigation department to discuss the options that are available to you.