Information About Evictions from the AK Court System - P.O.W. Report

Wednesday, September 9, 2020

Information About Evictions from the AK Court System

There are new regulations on evictions due to the pandemic:

Are evictions happening during the COVID-19 pandemic?

In general, evictions have continued when the reason for the eviction is something other than the tenant’s failure to pay rent. The extent to which there has been a moratorium on evictions for non-payment of rent during the pandemic has changed over time.

In the beginning of the pandemic, a state law prevented almost all evictions for failure to pay rent; the state law protections ended June 30, 2020. Also at the start of the pandemic, the federal Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) limited evictions for non-payment of rent for tenants in certain types of covered housing; most of the CARES Act protections ended on July 25, 2020, though eviction restrictions remain in place for certain landlords receiving a mortgage forbearance on a multi-family unit.

In early September, the CDC issued an Order Temporarily Halting Residential Evictions. That order generally does not allow a tenant to be evicted for failure to pay rent until after December 31, 2020, if the tenant declares that they meet certain criteria.

Which tenants are protected from eviction under the CDC Order?

Any tenant, lessee, or resident of a residential property who provides a signed declaration stating that they meet the conditions listed in the Order to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action is protected from eviction under the CDC Order.

The conditions that a tenant must meet to qualify for protection under the CDC Order are:

  • They have used best efforts to obtain all available government assistance for rent or housing.
  • They meet one of the following income qualifications:

          a. They expect to earn no more than $99,000 in 2020, or no more than $198,000 if         filing a joint tax return; or
          b. They were not required to report any income to the IRS in 2019; or
          c. They received a stimulus check (Economic Impact Payment) under the CARES Act. 

  • They are unable to pay their full rent due to “substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses.”
  • They used best efforts to make partial payments on time that are as close to the full payment as their circumstances may permit, taking into account other non-discretionary expenses.
  • An eviction would likely render them homeless—or force them to move into and live in close quarters in a congregate or shared living setting.

[Read the rest here]

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