Late Friday night when no one was looking @CDCgov @HUDgov @DOJPH @HHSGov issued guidance on the federal #eviction moratorium that walks back the order in favor of landlords, ignores public health evidence & undermines its purpose-to prevent #COVID19. See thread on harmful changes

1) The order allows for #eviction filings. BUT under state law, an action cannot proceed until a tenant is unlawfully "holding over." The CDC Order keeps tenants lawfully in their homes until 12/31. So a person in unit under the order is not doing so unlawfully & filing =improper

2)The order allows filing (cont.): Tenants are all too aware that filing damages credit and future housing opportunities. In response to filing, to avoid the harmful effects, many will double up and seek shelter in overcrowded environments further increasing #COVID19 infection.

3) The order does not require notice to tenants of their rights. If CDC wanted the order to work, it would require landlords to give tenants notice of their rights under the #eviction moratorium. This is the most direct way of ensuring every eligible tenant can exercise rights.

5) The order encourage tenants to seek legal aid. It's not possible for legal aid to represent, let alone advise & educate every tenant facing #eviction. The 90% of tenants without a lawyer will not likely be able to exercise their rights under this order. @TheNCCRC

7) It is now up to states to fill in the significant gaps left by @CDCgov order to protect renters & public from increased #COVID19 infection/death. The vast majority of state moratoriums have expired, putting us all at heightened an unnecessary risk.

The worst part: @cdcgov @hudgov @dojph @hhsgov knows all of this. We told them as much in our evidence based amici curiae brief. https://twitter.com/emilyabenfer/status/1315695193430151169?s=20

My expectation: public health & #healthjustice require that ALL people have equal opportunity to achieve good health and protect themselves from #COVID19. This means protecting those most likely to contract, spread & die from the virus, esp. people of color, by stopping #eviction

4)Landlords can challenge tenant's declaration. This will likely have a chilling effect. Tenants who are telling the truth will fear penalties. The #eviction system kicks tenants when they're down. Why trust that an order w/criminal penalties for missed rent be any different.

8) The order is still being challenged in federal court. Our amici curiae brief lays out the public health evidence showing how #eviction threatens our collective health during the pandemic & beyond. I urge you to read it, share it & demand #rentreliefnow. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3708504