Federal Eviction Moratorium Extended to January 31, 2021 Under Covid-19 Relief Bill

by Rich Vetstein on December 29, 2020

in COVID-19, Housing Court, Landlord Tenant Law, Leasing, Massachusetts Real Estate Law, Rental Housing

$25 Billion In Rental Assistance Approved; Biden Administration Expected to Extend CDC Eviction Moratorium Further Once In Office

After sitting on the Covid-19 Stimulus Package passed by Congress, President Trump finally signed the measure on Sunday night, extending the federal CDC eviction moratorium through January 31, 2021 and making $25 Billion in rental relief funds available nationwide. The moratorium was set to expire on December 31.

Under guidance from the Trump administration, eviction notices and cases can still be filed and moved forward in court, but only move-out orders for non-payment cases are suspended under the moratorium. Under newer Housing Court rules, landlords must file a special CDC moratorium affidavit with all new cases attesting whether they have received a CDC hardship affidavit from a tenant.

The rental relief assistance funding should be welcome news for both Massachusetts landlords and tenants struggling with unpaid rent. Massachusetts is expected to receive between $250 to $500 Million in new rental assistance funding. That is double what is currently available. To help those struggling, the Baker administration has created a new website with links to various relief programs — Covid-19 Getting Help with Housing Costs.

As for the future of the federal eviction moratorium once the Biden administration takes office, based on statements made on the campaign trail, I would expect that they will extend the moratorium initially anywhere from 60-90 days. New York state just passed a very strict new moratorium for 60 days. Tenant advocates and some inner city legislators have been clamoring for another moratorium here in Massachusetts. Gov. Baker has repeatedly signaled that he would not sign such a measure, especially with rental relief funding in place.

As always, I’ll keep you informed as to future developments. Any questions? Email me at [email protected].

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