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CDC eviction moratorium requires action from Nevada tenants

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Posted at 4:36 PM, Oct 13, 2020
and last updated 2020-10-14 10:54:52-04

LAS VEGAS (KTNV) — Gov. Steve Sisolak’s eviction moratorium is set to expire on Thursday, but on the federal level, the CDC moratorium will remain in effect.

For those who are facing eviction, the big question, will you able to stay in your home?

“It has been emotionally taxing and it’s been really frustrating," said Kimberly Cummings, who has lived at the Cypress Springs Apartments for about a year and a half.

RELATED STORY: Resources for renters in Nevada worried of eviction

She’s trying to work with the management at her complex. Back in March as the pandemic began, she lost her job. She says she received a notice to leave her apartment when the state eviction moratorium expires.

“I could do a partial payment, but within that same week, they served me with a notice of non-renewal,” Cummings said.

She’s applied for unemployment benefits and rental assistance and is still waiting. She says she is trying to stay under the CDC’s eviction moratorium.

“It’s just been beneficial speaking with legal aid and the process of all of this,” Cummings said.

Jim Berchtold with the Legal Aid Center of Southern Nevada says the CDC’s eviction moratorium applies to any tenant who’s trying to work with their landlords in good faith and is unable to pay because of a loss of income or medical bills. He says only certain evictions are allowed under the order.

“They basically equate to nuisance evictions and breach of contract evictions,” he said.

RELATED STORY: Federal rental protections from eviction remain in place for Nevadans

Berchtold says in order for tenants to be covered, they need to fill out a CDC declaration form and give it to their landlords. They also need to file it in court if the eviction process has started.

“During that time period, you can go down to the court and you can file something with the court, and you can attach a copy of that CDC declaration to let the court know this is an issue in the case,” he said.

Cummings says she’s planning on filing the paperwork and wants to make sure she and her two daughters are able to stay home.

RELATED STORY: Federal eviction moratorium bringing challenges for landlords

“Something to keep a roof over my family’s head. That’s been the goal in the entirety of all of this. That’s been the goal,” she said.

13 Action News reached out to the apartment complex but didn’t hear back by Tuesday's deadline.

The governor’s moratorium ends on Oct. 15 with the federal moratorium lasting until the end of the year.

Additionally, tenants are covered, according to Clark County, by the CDC order if they:

  • Have used their best effort to obtain all available government assistance for rent or housing;
  • Expect to earn no more than $99,000 during 2020, were not required to report income to the IRS in 2019, or received a stimulus check under the federal CARES Act;
  • Are unable to pay the full rent due to substantial loss of household income, reduction in wages or hours, were laid-off, or experienced extraordinary out-of-pocket medical expenses;
  • Are using their best effort to make partial payments of rent as close to full payment as their circumstances permit; and
  • Would likely be rendered homeless or forced to move and live in close quarters in a shared living setting if evicted.

The CDC order does allow evictions of tenants if they:

  • Engage in criminal activity while on the premises;
  • Threaten the health or safety of another resident;
  • Damage or pose an immediate and significant risk of damage to the property;
  • Violate any applicable building code, health ordinance, or similar regulation relating to health and safety; or
  • Violate any other non-financial contractual obligations.

Tenants seeking protection under the CDC order should know that there is no deadline to furnish the declarations, even if the tenant has already been served an eviction notice, officials said.

“Anyone facing the prospect of eviction needs to know that they are generally prohibited by the CDC order through Dec. 31 – but not in all cases,” said Clark County Commission Chairman Marilyn Kirkpatrick.

“It’s imperative that those who find themselves in such circumstances learn whether they are covered or not, and, if so, that they take the steps necessary to protect themselves and their families.”