CDC orders landlords to stop evictions during COVID. Here’s what that means for SC
Following an executive order from President Donald Trump on Tuesday, the U.S. Centers for Disease Control and Prevention ordered landlords across the country to halt evictions through the end of the year in an effort to reduce the spread of COVID-19.
Several housing advocates in South Carolina praised the CDC’s intent but said it is still unclear how the mandate will be enforced once it goes into effect on Sept. 4. Others worried the moratorium would shift the economic burden off tenants and on to landlords.
“The best way to describe how people are feeling is cautiously optimistic,” said Lila Anna Sauls, director of Columbia-based nonprofit Homeless No More.
The CDC’s order only covers evictions for non-payment of rent. In order to qualify, renters must make less than $99,000 a year. Couples who jointly file their taxes must make less than $198,000 a year.
Tenants will be required to fill out a declaration under penalty of perjury stating that they are unable to pay rent as a result of the pandemic and are at risk of becoming homeless if evicted. Tenants must also continue to pay as much rent as they can afford.
Landlords who evict renters in violation of the CDC’s order may be subject to criminal penalties including fines and jail time.
Sue Berkowitz, the director of South Carolina Appleseed Legal Justice Center, called the CDC’s announcement “encouraging.” Her organization has been pushing Gov. Henry McMaster to reinstate a statewide moratorium on evictions.
“The CDC is doing what we asked the governor to do to begin with, which is to put a pause on things so people don’t end up homeless,” Berkowitz said. “I think we’re still hoping to have some action on the state level because it would help to mitigate confusion among both landlords and tenants and make sure these new rules are being enforced.”
The state’s initial eviction moratorium was issued by state Supreme Court Chief Justice Donald Beatty in March and ended on May 1. Renters living in buildings with federally backed mortgages were still shielded by the federal CARES Act but those protections expired on July 24.
Since then, more than 2,000 evictions have been filed in Richland and Lexington counties, according to court records. More than 52% of renters in South Carolina are currently at risk of eviction, according to one study from the National Low Income Housing Coalition.
Nicole Paluzzi, who works for Charleston Pro Bono Legal Services, said she is collaborating with housing attorneys across South Carolina to publish a list of frequently asked questions and other resources that will help renters navigate the CDC’s new guidelines.
“As with all eviction moratoriums, there’s always the potential for both accidental misapplication and just straight out abuse,” she said. “We want to make sure renters are armed with the information they need to protect themselves.”
The National Apartment Association, an industry group that represents landlords, called the CDC’s mandate “deeply concerning” and said it would leave property owners unable to pay their bills.
“This action risks creating a cascade that will further harm the economy, amplify the housing affordability crisis and destroy the rental housing industry,” the association’s president and CEO, Bob Pinnegar, wrote in a statement.
The South Carolina Apartment Association did not respond to a request for comment. But in a previous interview with The State, President Lynette Bland expressed support for a federal rental relief program.
Sauls said she sees the CDC’s announcement as a step in the right direction but “it would be shortsighted for us to think that the fight is over. In order for everyone to benefit we are really pushing for rental assistance funding.”
She pointed to the federal Emergency Rental Assistance and Rental Market Stabilization Act as a potential solution. The bill, which was introduced in the House of Representatives in May, would provide $100 billion in rental assistance that tenants could use to directly pay their landlords.
So far no representatives from South Carolina have sponsored the bill.
Bryan Grady, chief resource officer for SC Housing, the state’s housing finance authority, said while the CDC’s moratorium has the potential to help people, “It remains to be seen just exactly how it’s going to play out legally. Property owners may very well file for an injunction.”
Though many questions about the moratorium remain unanswered, Grady said at the very least the CDC’s announcement “shows a recognition of the connection between public health and housing.”
