NEW CDC EVICTION MORATORIUM
Yesterday, the CDC issued a new eviction moratorium, which is in immediate effect across the country. There are still questions regarding the constitutionality of the CDC’s new order. Nonetheless, even if the order is challenged and found to be unconstitutional, its is likely to delay the end of state-level eviction moratoria that are close to expiring. For example, even if this order is overturned, it will likely delay the end of New Jersey’s current moratorium, which is set to expire for most tenants after August 31, 2021.
However, this new moratorium is more limited in its scope. This new moratorium only affects those counties with “substantial and high transmission” of COVID‑19. Once a county has experienced transmission rates below “substantial” for fourteen (14) consecutive days, that county is no longer protected by the eviction moratorium.
For reference, the order defines “substantial and high transmission” based on the number of new cases and positive COVID tests in the county over the past seven (7) days. If a county has at least sixty (60) new cases of COVID‑19 per 100,000 people over the past seven (7) days, and at least eight percent (8%) of the COVID‑19 tests conducted in the county over the past seven (7) days were positive, then the county is considered to be experiencing “substantial transmission.” If the county has over 100 new cases of COVID-19 per 100,000 people, and at least ten percent (10%) of COVID-19 tests are positive over the past seven (7) days, then the county is experiencing “high transmission.”
According to the CDC website, presently, in New Jersey, Monmouth and Cape May Counties are experiencing “high transmission”; Warren County is experiencing “moderate transmission”; and all other counties are experiencing “substantial transmission.” Meaning, the new Order currently does not apply to Warren County. However, as the days pass, and the COVID‑19 number fluctuate, which counties are covered by the Order are likely to change.
The counties in New York with transmission rates currently below “substantial” are: Allegany County, Broome County, Cattaraugus County, Cayuga County, Chautauqua County, Chemung County, Clinton County, Cortland County, Essex County, Franklin County, Fulton County, Genesee County, Greene County, Hamilton County, Herkimer County, Jefferson County, Livingston County, Madison County, Oneida County, Ontario County, Orleans County, Oswego County, Schuyler County, St. Lawrence County, Steuben County, Tioga County, Warren County, Washington County, Wayne County, Wyoming County, and Yates County. All other New York counties are experiencing “substantial” or “high” rates of transmission according to the CDC.
The counties in Pennsylvania with transmission rates currently below “substantial” are: Armstrong County, Bedford County, Berks County, Blair County, Bradford County, Cambria County, Cameron County, Carbon County, Centre County, Chester County, Clinton County, Columbia County, Elk County, Erie County, Fayette County, Forest County, Franklin County, Fulton County, Greene County, Huntingdon County, Jefferson County, Juniata County, Lackawanna County, Lycoming County, McKean County, Mercer County, Mifflin County, Montour County, Northumberland County, Perry County, Potter County, Schuylkill County, Snyder County, Sullivan County, Susquehanna County, Tioga County, Union County, and Wayne County. All other Pennsylvania counties are experiencing “substantial” or “high” rates of transmission according to the CDC.
Juxtaposed with this CDC order, the New Jersey Legislature recently unanimously passed NJ S.B. 3691 / A.B. 5685 (2021), which would phase out New Jersey eviction moratorium beginning after August 31, 2021. The Governor has not yet signed this bill; because it passed unanimously, his veto is unlikely. Thus, even if he fails to sign the bill, it will automatically become law on August 8, 2021. With the institution of this new CDC order though, it is likely that the Governor’s plans regarding NJ S.B. 3691 / A.B. 5685 (2021) may change. When we have any significant word on how the Governor, the State of New Jersey, and any other states, may act in response to this CDC order, we will provide updates.
If you have any questions on how this new CDC order applies or how it may affect you, please reach out. Our attorneys at Griffin Alexander, P.C., are here to help you navigate the rapidly changing legal field.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
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