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Fearing that evictions threaten to increase the spread of Covid-19, the Centers for Disease Control has issued an order banning all evictions, not just those in federally financed units, through the end of the year.  And as Mike Vasilinda tells us, the order is likely to be challenged.

The web site Eviction Lab estimates there are more than seven point one million renters in Florida. A second eviction tracking site says 1 point one million of them are at risk of eviction, which is why legal services attorneys like Kelly Kildam are applauding the CDC’s moratorium.

“We’re going to take this CDC order as its written and use it to help our clients avoid eviction” says the eviction specialist.

The language of the CDC order appears to allow anyone unable to pay their rent, regardless of whether it’s Covid related, to stay in their home through the end of the year. 

“We’re definitely expecting some legal challenges” says Kildam. Primarily because such an order from the CDC is unusual.

Under the order, tenants must swear they are seeking financial help, make less than a hundred thousand, they are unable to pay, and that they will try to make partial payments.

“I hope it stays in force so that my clients and other Floridians don’t have to worry about  homelessness or potentially being exposed to this virus by not being able to shelter in place” say Kildam.

And unlike the states moratorium, this CDC order does apply to commercial businesses.

The Florida Apartment Association says it has “serious concerns” the CDC issued the moratorium with a federal rental assistance fund in place.

Legislative affairs Director Amanda Gill told us “We’re hopeful that Congress will explore the idea of providing rent relief at the federal level, not only for tenants but also landlords”

And the CDC Order does allow renters to evicted for reasons other than not being able to pay rent, such as criminal activity, or causing significant damage.

Under the CDC order, residents still must pay their past due rent, including any late or other fees allowed under the lease.