Federal Moratorium on Residential Evictions Extended to 2/28/21

The latest federal stimulus deal, signed on December 27, 2020, extended the federal moratorium on residential evictions and includes 25 billion in rental assistance.  President Biden extended the moratorium to the end of February 2021 and requested the Center for Disease Control extend the moratorium further until Congress passes funding for eviction prevention.  The moratorium covers foreclosure evictions too.  
What does this mean for you? 
If you are behind in your rent and are facing eviction, you may be able to postpone or prevent your eviction.  There are income guidelines you must meet to qualify for rental assistance.  Your individual annual income for 2020 cannot exceed $99,000.  If you file joint tax returns, joint annual income cannot exceed $198,000. 
To benefit from the moratorium, you and every adult listed on your lease need to submit a signed Declaration to your landlord.  The Declaration includes statements about your current and past rental obligations, your income, and your lack of alternative housing. 
 What about the 25 billion in rental assistance? 
There are no federal guidelines regarding the use of these funds.  Every state will be allocated a certain amount to be used for direct rental assistance.  Some funds will also be allocated for free legal assistance to low-income tenants.  You will need to check with your local legal services offices to find out what help you may be able to get.  Some states, including New York, already have rent relief programs in effect.  Other states may be creating rent relief programs. 
Special Protections for New Yorkers
In New York State, a special legislative session was convened to create extensive tenant protections.  The new law prevents evictions for most tenants and also protects small landlords from foreclosure.  It also allows for the automatic renewal of tax exemptions for homeowners who are elderly and disabled (SCHE and DHE).  The law also bans almost all evictions that are currently in housing court.  Tenants need to fill out a hardship form and the protections will go into effect, preventing evictions for at least 60 days.  The hardship declaration is not limited to financial hardship and includes a health hardship for moving during the pandemic. 
New York renters will also be able to apply for rental assistance.  You can read more about this here. NYC renters may also be able to obtain free legal assistance.  For more information contact the Mayor’s Office to Protect Tenants or the City Tenant Helpline by calling 311 or the New York City Tenant Resource Portal (https://www1.nyc.gov/content/tenantresourceportal/pages) or The Legal Aid Society at (212) 577-3300 or https://www.legalaidnyc.org/get-help/housing-problems/.
Special Protections for New Jersey Residents
In New Jersey, the eviction moratorium has been extended to March 31, 2021.  Renters should still try to make their monthly payments but will not be evicted if they cannot afford them.  Several cities, including Newark, Atlantic City, Somerset County, and Jersey City have rental and mortgage assistance programs and other areas may be developing programs. 
If you face an immediate eviction or foreclosure, call 1-800-NJ-HOUSE or contact a housing counselor in your county at https://www.njhousing.gov/foreclosure/. For free legal assistance, contact Legal Services of New Jersey at 1-88-LSNJ-LAW or https://lsnjlawhotline.org/. 
 Special Protections in Texas
 Texas created the Texas Eviction Diversion Program which provides rental assistance and legal services to tenants.  The program negotiates an agreement between the tenant and landlord to prevent the eviction.  The program can provide up to five months of past due rent and up to six months of future rent.  With the agreement, the eviction proceeding is dismissed and the court records are sealed to prevent future landlords from viewing them.  The program started in 19 counties, including Bexar, Harris and El Paso and will be expanded to 30 communities in mid-January and statewide in late spring. You can find more information here:  https://www.tdhca.state.tx.us/TEDP.htm