CDC Issues New Eviction Moratorium

The CDC has just issued a “new” moratorium on evictions effective now through October 3, 2021.

The major difference between this new moratorium and the one that just expired two days ago on August 1, 2021 is that the new ban is limited to “counties experiencing a high rate of transmission of the coronovirus.”  Other than that there are very few differences between this order and the one that just expired.  Please remember, this moratorium only prohibits evictions for nonpayment of rent, and if and only if the tenant provides a CDC declaration to the landlord.  Even then, landlords can still file and even challenge a tenant’s CDC declaration.  If you are presented a CDC declaration from a tenant, you should contact a knowledgeable landlord/tenant attorney to guide you through the process.

If you would like to read the complete CDC order, here is a link to the new CDC Moratorium Order.

The CDC has also provided a website tracker to determine if the county of your rental(s) has been deemed one of the affected and therefore qualifying counties applicable to the Order.  As of the date of this post, Marion County is at a “high” rate and Hamilton County is at a “substantial” rate.

I am surprised (and not surprised) by this new Order because of the recent Supreme Court action.  Only a few weeks ago and in a split decision, the Supreme Court denied a group of Alabama real estate agents attempt to block the previous CDC moratorium.  However, in that denial, Justice Kavanaugh wrote a short concurring opinion that while he agreed with the real estate agents, he nonetheless voted to keep the ban in place only because it was set to expire in a few weeks and would allow the rental assistant funds to be better distributed.  Here is a short, but more detailed write up on that: Supreme Court Article.

It will be interesting to see how the Supreme Court reacts with the CDC issuing this new moratorium in spite of Justice Kavanaugh’s warning, as he was the swing vote that kept this matter from being heard by the Supreme Court.  Until then, the new moratorium is in effect through at least October 3, 2021 and mirrors the previous moratorium with the caveat of being subjective only to counties experiencing a high rate of transmission.

If you have questions about this, evictions, landlord/tenant matters, foreclosure processes, or any other general real estate matter in Indiana, please call Rollins Law Group at 317-558-9677 or contact us online for a free consultation.

These materials are intended for general information purposes only.  Accordingly, they do not and are not intended to constitute legal advice or legal opinion. You should consult with legal counsel to determine how laws or decisions discussed herein apply to your specific circumstances


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