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Landlord Alert: CDC Issues Temporary Halt in Residential Evictions

Client Alert

On September 1 the Centers for Disease Control and Prevention (“CDC”) issued a nationwide temporary halt on all residential evictions through December 31, 2020.  With the July 24, 2020 expiration of the prior moratorium established under the CARES Act, the CDC based the new moratorium on the need to protect public health and the likely increase in the spread of COVID-19 if mass evictions take place.

Under the CDC’s Order, “a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies ***.”  Tenants facing the prospect of eviction and wishing to invoke the moratorium must provide the landlord with a signed declaration containing specific sworn statements including:

  • The tenant has used best efforts to obtain all available government assistance for rent or housing.
  • The tenant expects to earn no more than $99,000 in calendar year 2020 (or $198,000 for joint tax filers).
  • The tenant is unable to pay the full rent due to substantial loss of household income.
  • The tenant is using best efforts to make partial rent payments.
  • Eviction would likely render the tenant homeless.

While the CDC’s Order broadly defines what constitutes a residential property and is intended to halt all efforts to remove a tenant for failing to pay rent until the end of the year, it does not relieve the obligation to pay rent or to comply with any other lease obligations. Thus, the Order does not preclude evictions based on criminal conduct, health and safety concerns of other residents, violations of applicable health ordinances and building codes, or the violation of other lease obligations that do not include the timely payment of rent.

Landlords need to be mindful of the CDC Order and seek legal counsel if contemplating eviction between now and the end of the year. Penalties for not complying are steep for an individual and include (i) fines of up to $100,000 if the violation does not result in a death, (ii) fines of up to $250,000 if the violation results in a death, (iii) and can in addition include one year in jail. Penalties for an organization violating the CDC Order similarly are based on whether the violation resulted in a death and can climb as high as $500,000 per violation.

For questions for more information, please contact Member Blake R. Gerney at brgerney@bmdllc.com, or your primary BMD attorney.


CMS Rescinds EMTALA Guidance for Emergency Abortions

On June 3, 2025, CMS withdrew its 2022 guidance on emergency abortion care under EMTALA, eliminating federal protection for providers in states with abortion restrictions. This policy change could significantly impact how hospitals handle emergency care involving pregnancy complications.

Supreme Court Eliminates Higher Burden for Majority-Group Plaintiffs in Title VII Claims

In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously ruled that all Title VII plaintiffs, whether from majority or minority groups, must meet the same evidentiary standard. The decision eliminates the “background circumstances rule” and reinforces equal treatment in workplace discrimination claims.

Understanding Reasonable Fear vs. Credible Fear Interviews: A Critical Guide for Immigrants Facing Removal

In his latest article, Immigration Attorney and former Immigration Judge Rob Ratliff offers a clear breakdown of Reasonable Fear vs. Credible Fear Interviews—key procedures for noncitizens seeking protection from persecution or torture. Citing Judge Brian Murphy’s recent ruling on unlawful deportations to South Sudan, Ratliff connects these critical legal standards to current judicial developments. Read the full article at www.removal-defense.com.

House Republicans Propose Cuts to Medicaid to Finance Savings

House Republicans have introduced legislative language that proposes substantial cuts to the Medicaid entitlement program, aiming to achieve significant budget savings through policy changes. The proposed measures include stricter eligibility verification, work requirements for certain adults, and federal funding cuts to states providing coverage to undocumented residents. The Congressional Budget Office (CBO) estimates that the proposed healthcare provisions would reduce spending by $715 billion and could result in 8.6 million fewer people having health insurance by 2034.

Protecting Your Image in the Age of AI-Generated “Deepfakes”

The rapid evolution of artificial intelligence (AI) has transformed how we create and consume digital content, but it also poses significant risks. Among the most troubling developments in AI is the proliferation of AI-generated fraudulent content, often called “deepfakes”.