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Last week, @AffordHouse_OH was kind enough to contribute a guest blog explaining the ins and outs of the CDC’s temporary halt in residential evictions. This week’s #GOPCThread provides an overview of that blog to help get the word out on these protections http://rb.gy/wcud7j
Disclaimer: this thread does not, and is not intended to, constitute legal advice; instead, all information, content and materials are for general information purposes only. If you need legal assistance, visit @OhioLegalHelp to find your nearest legal aid office. #GOPCThread
Social distancing is hard to do when you are either living with a friend, in a shelter, or on the street after having been evicted. In response, the CDC ordered a temporary halt in evictions to prevent the further spread of COVID-19. #GOPCThread
The #CDC order makes clear that a landlord SHALL NOT EVICT any qualifying person from any residential property through 12/31/20 for nonpayment of rent. This order is extraordinarily broad, protecting as many as 40 million renters. But there is a catch... #GOPCThread
Protections under the new order are not automatic. Tenants must opt in by filing a declaration of eligibility w/ their landlord or property owner. The CDC provides a form & other examples are available at @OhioLegalHelp or @LegalAidCLE websites #GOPCThread https://bit.ly/33OOrnA
There are some eligibility requirements. First, to qualify, a renter could (1) expect to earn $99K or less in 2020 ($198K if filing jointly); (2) not have been required to report income to the IRS in 2019; or (3) have received a stimulus check under the CARES Act #GOPCThread
A renter must have also used their best efforts to obtain all available government assistance for rent or housing. This may include applying for Section 8 benefits or applying for local rent assistance #GOPCThread
Renters must certify that they are unable to pay full rent or housing payments due to a substantial loss of household income, and that they are using best efforts to make timely partial payments as the individual’s circumstances permit #GOPCThread
The only action a tenant must take is to submit the signed declaration. While not required, tenants should keep proof handy that they met the requirements to which they’re certifying. Tenants should also keep proof that they delivered the declaration to their landlord #GOPCThread
One of the biggest limitations of this order is that it only protects tenants who are being evicted for not paying rent. Tenants who are being evicted for “other” reasons, like nonrenewal of a monthly lease, should contact an attorney for help. #GOPCThread
The moratorium isn’t perfect and rules are still evolving. Most recently, the @washingtonpost reported that rule changes still permit landlords to initiate evictions and then wait till January of ‘21 for the sheriff’s to put people on the street… #GOPCThread
…and that landlords can challenge tenants’ claims of inability to pay. These and other moves make it easier for landlord to intimidate tenants. #GOPCThread https://wapo.st/3jZqyiA
A big goal now is to ensure that renters are aware of the steps needed to take to gain protection under the new order. There is a lot of room for local courts to interpret all or parts of the order differently, so connecting tenants to legal counsel remains important #GOPCThread
Make sure you sign the declaration and give it to your landlord! #GOPCThread https://bit.ly/319bMOS
By itself, the moratorium doesn’t provide any economic relief for tenants or property owners. Renters are protected through the moratorium for now, but without #RentReliefNow, another eviction crisis could materialize after January 1 #GOPCThread
To protect families and landlords, the federal government and the State of #Ohio need to fund comprehensive emergency rent assistance. While local governments can and have deployed their own funding towards #RentReliefNow, the need outweighs what locals can provide #GOPCThread
. @GovMikeDewine has said his administration is working w/ lawmakers to develop a plan to use CARES Act funds to help Ohioans who are struggling to pay their rent, mortgages or water/sewer bills. We appreciate the support & look forward to seeing their plan #GOPCThread
Thanks again to @AffordHouseOH for sharing the information and resources in this #GOPCThread For any additional questions and to follow the latest news, visit http://www.AHACO.org , or read the full blog here http://rb.gy/wcud7j
