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The Bottom Line Under the CDC Moratorium & Latest Round of Rental Assistance

The CDC moratorium has been extended until June 30, 2021. The latest CDC order can be found here.

Also, the State of Michigan has approved additional funding for the CERA (COVID Emergency Rental Assistance) program administered by county level HARA organizations. A list of those organizations can be found here.

The funding comes from the Federal government and is administered by each state. Funding is available in each county.

The CDC moratorium only applies to those residents facing a COVID 19 hardship and for non-payment of rent cases only. The Michigan Supreme Court issued new court orders for local district courts to follow to assistance in compliance with the CDC order. That order can be found here.

The long and short of the order is that cases where a tenant is facing an eviction for non-payment of rent must be adjourned to allow time for the tenant to seek rental assistance. (The RPOA has heard through the grapevine that some judges are not allowing any form of eviction, including for holding over. It is the RPOA’s hope that this new court guidance and CDC order will make it clear when an eviction falls under the CDC moratorium.)

The total funding is much larger than the money previously allocated for the Eviction Diversion Program (EDP) available in 2020. Furthermore, funding is now enabled for the payment of past due utilities. However, funding can only be used for non-payment of rent and utilities where the resident is facing a COVID 19 hardship. Landlords may now apply for assistance on behalf of the tenant but the tenant must ultimately agree to accept the assistance in order for the landlord to receive payment. All cases will now be filed online through the HARA using a state provided webpage. Forms are still available and can be found here on the RPOA website.

While the new order is set to expire in June, the RPOA expects this moratorium to be extended at least until September 2021.

 

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