Skip to main content

Search form

US Supreme Court Ends Federal Eviction Moratorium

Typewriter with paper that says Update on it

August 27, 2021
The US Supreme Court on Thursday ended the pandemic-related federal moratorium on residential evictions. Learn more

August 4, 2021
The CDC announced that it will issue a limited eviction moratorium through October 3 for renters living in communities experiencing a surge in COVID-19 cases. This new order temporarily halts evictions in counties with heightened levels of community transmission to respond to recent, unexpected developments in the pandemic including the rise of the Delta variant. Learn more

June 30, 2021
While the federal eviction moratorium remains in place until the end of July, North Carolina's state eviction moratorium expires July 1. Read more for state resources

June 24, 2021
The Centers for Disease Control and Prevention has extended federal eviction moratoriums scheduled to expire June 30 through July 31. Learn more

March 30, 2021
The Centers for Disease Control and Prevention (CDC) has extended its eviction moratorium that was scheduled to expire on March 31 through June 30. NC Governor Roy Cooper has also extended the state's moratorium through Executive Order 206 to bring the state in line with the CDC order. Read more about past moratoriums and what they mean for landlords and renters.

January 28, 2021
On January 20, President Biden signed an executive order to extend the federal eviction moratorium until at least the end of March. As of January 19, the Federal Housing Finance Agency extended moratoriums on foreclosures and real estate owned evictions for federally backed mortgages until February 28. President Biden’s executive order asks that these moratoria also be extended through at least the end of March. This action follows and replaces an earlier extension of the Centers for Disease Control and Prevention’s eviction moratorium to January 31, 2021 that was included in the Emergency Coronavirus Relief Act passed in December by Congress.

Governor Roy Cooper has also extended the state’s moratorium on evictions until March 31, following his earlier Executive Order and extension. Governor Cooper had provided additional clarifications and expanded protections for tenants in North Carolina through Executive Order no. 171 (“Assisting North Carolinians at Risk of Eviction” to help ensure more consistent and accurate application of the CDC moratorium across the state of North Carolina and provides a clearer process for tenants, landlords and court officials. See below for landlord requirements and tenant eligibility:

Requirements for Landlords

  • The order requires landlords to provide tenants with a copy of the CDC Declaration form and submit a signed affidavit confirming the form was provided to the tenant when filing for eviction.
  • Upon receiving a declaration form, landlords can take no action to request a writ of possession.
  • If an eviction proceeding is in process or initiated after October 30, the landlord must immediately notify the court upon receipt of a declaration form from a tenant and submit a copy within five days.
  • Landlords can challenge a tenant’s declaration by filing a response in writing identifying why the eviction should proceed. 

Eligibility Criteria for Tenants

Tenants facing potential evictions for nonpayment of rent must make below a certain income and meet other factors laid out by the CDC. To qualify for coverage, each adult listed on the lease, rental agreement or housing contract must complete a declaration in writing that they meet the following criteria:

  • Expect an annual income in 2020 of less than $99,000 OR were not required to file a 2019 tax return OR received an Economic Impact Payment pursuant to the CARES Act (“stimulus check”)
  • Cannot pay full rent or make a housing payment due to substantial income loss, lay-offs, or extraordinary out-of-pocket medical expenses
  • Have used best efforts to obtain all available government assistance (any governmental rental or housing payment benefits) for rent or housing
  • Will continue to make best efforts to submit timely partial payments that are as close to full payment as individual’s circumstances permit
  • Eviction would render the individual homeless or force the individual to move into and live in close quarters in a congregate or shared living setting because the individual has no other available housing options.