Emergency Eviction Bans: Tenant Protections During Crises

Answer

An eviction moratorium—also known as an eviction ban—temporarily prohibits landlords from removing tenants who fall behind on rent or breach other lease terms. Governments invoke these measures during public emergencies (like pandemics or natural disasters) to help renters stay housed when income or services are disrupted.

Under most moratoriums, tenants must meet eligibility criteria, such as demonstrating financial hardship due to job loss, medical bills, or reduced hours. Moratoriums typically:

• Pause new eviction filings for non‑payment of rent
• Suspend ongoing eviction proceedings for covered tenants
• Allow rent and fees to accrue, rather than forgive unpaid balances

Moratoriums vary by jurisdiction:

• Federal: In 2020–2021, the CDC issued a nationwide ban for tenants who signed a hardship declaration asserting inability to pay rent due to COVID‑19 (CDC eviction declaration).
• State & Local: Many states (e.g., California, New York) and cities (e.g., Seattle, Chicago) enacted their own bans, some extending protections beyond federal deadlines and adding relief programs.
• Exclusions: Moratoriums rarely cover evictions for criminal activity, endangerment of property, or tenants who do not submit required hardship forms.

While a moratorium blocks legal eviction, rent obligations continue. After the ban lifts, landlords can:

• File eviction cases for unpaid back rent
• Collect accrued late fees if permitted by local law
• Pursue government rental assistance programs to recoup losses

Both landlords and tenants should:

• Review the exact start and end dates of any moratorium on official housing authority websites
• Keep detailed records of payment attempts, communications, and hardship declarations
• Explore rental assistance funds (e.g., through HUD or state relief programs) to cover past‑due rent

Eviction moratoriums offer temporary relief but do not eliminate debt. Before making decisions about withholding rent or pursuing eviction, it’s advisable to consult a licensed attorney or local housing counselor to understand your rights and obligations under current emergency rules.