Rhode Island residents are breathing a sigh of relief as the Centers for Disease Control and Prevention (CDC) has issued a federal order imposing a Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19. The order, which has been extended through March 31, 2021, prohibits landlords from evicting tenants for non-payment of rent during the period between September 4, 2020, and the end of March.

Under the CDC order, tenants who meet income eligibility requirements (generally, those who earn less than $99,000 per year, or $198,000 if filing jointly) and who are unable to pay their full rent due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses can obtain protection from eviction by providing a sworn declaration regarding their situation to their landlord.

The declaration form is available at https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf. Once this declaration is provided, a landlord is prohibited from evicting the tenant while the moratorium remains in effect, and is subject to substantial penalties, including fines of up to $250,000 and up to a year in jail.

The order does not affect the obligation of tenants to pay rent, however, nor does it bar the collection of fees, penalties, and interest. Tenants covered by the CDC order should consider taking appropriate steps to obtain legal protection from eviction and report violations of the order to the U.S. Attorney’s Office by email: usari.civilrightscomplaint@usdoj.gov; Fax: (401) 709-5001, or phone (401) 709-5010.

Landlords are also encouraged to consider alternatives to legal action while the CDC moratorium remains in effect. Further information on the CDC moratorium is available here: https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html.

The State of Rhode Island District Court orders are available here: https://www.courts.ri.gov/Courts/districtcourt/PDF/20-06.pdf and https://www.courts.ri.gov/Courts/districtcourt/PDF/20-07amended1-31-21.pdf.

Grimy Times reporter, [Your Name], contributed to this article.

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