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Federal rental protections from eviction remain for Nevadans until end of 2020

CDC Order continues to prohibit evictions under certain conditions
Posted at 5:41 PM, Oct 13, 2020
and last updated 2020-10-13 21:21:53-04

NEVADA (KTNV) — The state is reminding Nevadans that federal rental protections from eviction remain in place after the expiration of Nevada’s statewide moratorium on Oct. 15.

And that state and local financial and mediation resources are available for homeowners, landlords and tenants impacted by COVID-19.

While Nevada’s statewide moratorium prohibiting evictions expires on Oct. 15, the Centers for Disease Control and Prevention Order that was subsequently issued after Nevada’s moratorium prohibits evictions under certain conditions.

CDC eviction moratorium requires action from tenants

The CDC Order prohibits evictions in Nevada through the end of December 2020, under certain conditions, according to the state.

  • CDC Order does not protect tenants from eviction who engage in criminal activity, threaten other residents, damage the property, or violate their lease in some way unrelated to rent or payment.
  • Tenants can invoke the protections under the CDC Order only if they give their landlord a signed declaration and truthfully state that they are unable to pay their rent, have tried to obtain rental assistance, have made their best efforts to pay partial rent, have either received a stimulus payment or will make less than $99,000 this year, and eviction might leave the tenant homeless or forced into a group living situation.

More information is available here from the CDC.

In addition to the ongoing protections offered by the CDC, the state also reminds homeowners, landlords and tenants impacted by COVID-19 that resources are available through state and local government, including assistance with rent and mortgage payments, through a number of programs that include:

  • Rent and Mortgage Payment Assistance – to access statewide and local resources and programs offering potential assistance to help with rent, mortgage, or receipt of rental payments, go the portal available through the Nevada Housing Division here.
  • Rental Mediation Program – Senate Bill 1 from the 32nd Special Session of the Nevada Legislature authorizes courts to grant a stay of eviction proceedings if the courts establish a mediation program. Under this authority, the Nevada Supreme Court adopted a new eviction mediation program to steer certain types of eviction cases into mediation in the hopes that landlords and tenants could resolve their disputes themselves, instead of arguing in court, thereby reducing the number of people in the courthouse during the COVID-19 pandemic. For additional information see here.

Also, Home Means Nevada offers a portal to access assistance for Nevada homeowners impacted by the COVID-19 pandemic, including foreclosure mediation programs.

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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.

“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.”