Housing Eviction Moratorium Information - Covid19

 Federal Eviction Moratorium

On September 4, 2020 the Center for Disease Control (CDC) extended the federal eviction moratorium to temporarily halt residential evictions in all 50 states and Washington D.C. The CDC’s recent moratorium update extends the eviction ban under the CARES Act. The CARES Act covered as many as 12.3 million renters in apartment complexes or single-family homes who had federally backed mortgages; that coverage expired in July 2020. 

The new CDC ordinance, which prevents any landlord, owner of a residential property, or other person with a legal right from evicting tenants from their residential property, is effective through December 31st, 2020. By taking action to keep tenants in their homes, more people can maintain social distancing protocols as coronavirus continues to threaten the health and well-being of our population.

To apply for the CDC implemented national moratorium, tenants will have to show:

• Substantial loss of household income;
• The inability to pay full rent;
• Best efforts to pay partial rent;
• Proof that eviction from their current residence will leave them homeless or force them to live with others in close quarters;
• That they do not expect to earn more than $99,000 this year or meet other income limits.

If you are a tenant looking to utilize the federal moratorium, you must fill out this Declaration Form from the CDC’s website.


State of California Eviction Moratorium

The state of California has also extended the state’s eviction moratorium order by five-months under The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020. This law applies to anyone who lives in California. Under the new law, tenants who pay at least 25% of their rent from September 1, 2020 through January 31, 2021 will be protected from eviction. Those who fail to meet the minimum rent payment could be removed beginning February 1, 2021.

If you were unable to pay all or some of your rent between March 1, 2020 and August 3, 2020:

• If your landlord gives you a “pay or quit” notice (to either pay your rent or face eviction), your landlord must also provide a notification that explains your rights and obligations. 
• Under the extended moratorium, you cannot be evicted if you return a declaration form stating COVID-19 related financial distress, returned within 15 days of receiving a notice to “pay or quit”.
• If your household income is more than 130% of the median household income in your county and more than $100,000, your landlord may demand proof of your COVID-19 related hardships.

If you were or are unable to pay all or some of your rent between September 1, 2020 and January 31, 2021:

• All rights and obligations listed above apply.
• By January 31st, 2021 you must pay at least 25% of the rent due during the period of September 1st, 2020 and January 31st, 2021. You may do this by paying at least 25% of your rent each month or pay a lump sum equaling 25% of your rent due between September 1, 2020 and January 31, 2021.

Other important notices:

• The extended moratorium in California allows for landlords to sue for unpaid rent during the period between September 1st, 2020 and January 31st, 2021 beginning in March 2021. 
• Tenants in San Diego can still be evicted by landlords for reasons such as building health and safety violations.
• Landlords who take action to prevent tenants from comfortably being in their living spaces (locking tenants out, removing personal property, or shutting off utility services to evict a tenant) during this extended eviction moratorium could face fines of between $1,000 and $2,500. This is in effect until February 1st, 2021. 
• If you believe you have been unlawfully evicted or you are in need of assistance, you may visit the State of California’s Tenant Resources for information about housing and legal resources.

Protections for Homeowners and Small Landlords

Many homeowners and landlords have also suffered a loss of income because of the COVID-19 pandemic. Homeowners may have lost all or part of their income and small landlords have been impacted as tenants became unable to pay their rents.

Federal and state laws provide some relief to homeowners and landlords with four (4) or fewer properties, whether those properties are owner-occupied or not, and who have had difficulty making mortgage payments because of COVID-19.

For information about relief options available to homeowners and small landlords under federal and state law, please click here. You can also access a fact sheet outlining protections and guidelines for homeowners and small landlords here. 


For more information about housing resources for tenants and landlords from the State of California, click here. 

For housing and other COVID-19 resources from the County of San Diego, click here.