Federal moratorium will delay some evictions, won’t waive rental debt

By JULIA DENG

WISH-TV | wishtv.com

A federal order that took effect Friday will delay eviction proceedings against some Hoosiers devastated by the coronavirus pandemic.

The eviction moratorium issued Tuesday by the Centers for Disease Control and Prevention (CDC) aims to slow the spread of COVID-19 by temporarily addressing the nation’s housing crisis.

The 37-page order states “housing stability helps protect public health” and notes homelessness could worsen outbreaks of the virus.

Renters covered by the order cannot be evicted for nonpayment of rent through Dec. 31.

To qualify, renters must provide a signed declaration certifying they are unable to pay full rent due to job loss or reduced hours caused by COVID-19; they made their “best efforts” to obtain available government assistance for rent; they made their “best efforts” to make partial rent payments; they would become homeless or have to move into congregate settings if evicted; and their annual income does not exceed $99,000.

The Indiana Rental Assistance Program closed without a formal waitlist for prospective applicants after less than two months. It’s unclear if signing up for the program’s “notification list” qualifies as “best efforts” to obtain government assistance.

Tenant advocates said the federal moratorium provided much-needed but only fleeting relief.

The order does not prevent renters from accruing debt. Landlords can collect back rent, penalties and interest after the moratorium expires.

“Renters, even under a moratorium, are still obligated to pay their rent,” warned Jacob Sipe, executive director of the Indiana Housing and Community Development Authority.

The moratorium appears to “prohibit all phases of the eviction process” and is expected to halt pending eviction cases against Hoosier renters covered by the order, according to Brandon Beeler, director of the Housing Law Center at Indiana Legal Services.

Landlords can still proceed with eviction filings if a tenant “engages in an activity that violates the lease” other than nonpayment, Beeler said.