A couple of weeks ago, I wrote a blog post entitled: “A Landlord CAN still evict during the CDC moratorium.”
However today, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule in support of the Centers for Disease Control and Prevention’s (CDC) eviction moratorium which added another action landlords must take in order to evict. Written notice of the possible eligibility of the tenant for the moratorium must be given in writing.
Per the new rule:
Before filing an eviction action for non-payment of rent against a
consumer, if the CDC Order might reasonably apply to that
consumer, a debt collector must disclose that the consumer may
be eligible for temporary protection from eviction under the CDC
Order.The disclosure must be clear and conspicuous and in writing. A
debt collector must provide the disclosure on the date the debt
collector provides the consumer with an eviction notice or, if no
eviction notice is required by law, on the date that the eviction
action is filed.This requirement is applicable:
During the effective period of the CDC Order;
In any jurisdiction in which the CDC Order applies; and
In connection with the collection of a debt.
