Tenant protections from eviction and utility cutoffs vary by state

The CDC implemented the eviction freeze on Sept. 4 to reduce the spread the COVID-19 virus. Landlord groups filed lawsuits against it, so the future of the policy remains uncertain.

Throughout the United States, the coronavirus pandemic and economic downturn has destabilized household finances. Every month since May, 30 percent of households failed to pay rent on time, and 10 percent failed to pay by the end of the month. Policies currently addressing financial issues differ drastically by state, and the national government responded by giving a one-time economic impact payment and halting evictions until Dec. 31, 2020, through the Centers for Disease Control and Prevention (CDC).

The CDC implemented the eviction freeze on Sept. 4 to reduce the number of people on the streets who could get infected with and spread the COVID-19 virus. Landlords and other groups filed lawsuits attempting to strike down the halt on evictions, so the future of the policy remains uncertain.

Until the lawsuits are decided, the halt on evictions remains in place. The moratorium does not protect everyone; it’s unclear how many people are protected. The halt protects tenants from eviction if they complete the forms required after the policy was enacted. It’s unclear whether this covers evictions filed before the CDC moratorium took effect.

In Pennsylvania, for example, the statewide moratorium on evictions ended before the CDC enacted its eviction ban. It hasn’t been settled whether evictions filed in court during the time before the CDC’s eviction ban was enacted will be allowed to proceed. Tenants who are on month-to-month leases are in greater danger of not being protected. State and local courts determine whether the wording of the CDC halt on evictions covers certain cases because the CDC worded the eviction halt vaguely.

For more specific details on how your local government interprets the CDC moratorium on evictions, check with your city or county government or tenant protection groups. If your state offers more protection than the federal policy, the state policy rules.

Moving forward, no federal policies exist to pay tenants’ rent, or offer other help after the eviction moratorium ends. The policy does call for all overdue rent to be paid when the protection ends. In anticipation of Jan. 1, 2021, landlords nationwide have submitted eviction paperwork that will be processed after the moratorium ends. Experts expect more evictions to follow at that point as people struggle to pay overdue rent.

For any questions that do not deal with COVID-19 and evictions, check out the renters’ guide with links to guides and handbooks for each state.

For now, some states adopted tenant protections for utilities and evictions. In some states, city and county governments approved additional protections, so you can find that information on local government websites.

Arizona: Arizona approved a halt on evictions until Oct. 31. The governor gave rental aid funding to community action agencies for those affected by COVID-19. The halt on evictions is in effect only if the tenant fails to pay rent because of COVID-19. Utilities decide whether to continue to provide service. Some electric companies agreed to work with the governor.

Arkansas: Arkansas adopted a halt on utility disconnections until the order is rescinded, or until the governor downgrades COVID-19 from an emergency. The governor has not approved any halts on evictions, so the CDC’s halt on evictions is the only protection.

Connecticut: Connecticut enacted a halt on utility disconnections until Oct. 31, and a halt on evictions until Oct. 1. The governor allows certain evictions if not related to COVID-19.

Delaware: Delaware allows evictions to be filed but not processed until the governor decides otherwise. Utilities decide whether or not to continue to provide service. Delaware offers financial assistance for rent and utilities.

D.C.: Washington D.C. enacted a halt on utility disconnections and a halt on evictions until the state of emergency ends. The c ity council granted the mayor the ability to extend the state of emergency until Dec. 31.

Georgia: Georgia has not approved any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Idaho: Idaho has not adopted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Illinois: Illinois enacted a halt on utility disconnections until Aug. 1 and a halt on evictions until Oct. 17. Some utility companies volunteered to extend the halt on disconnections until Sept. 30, but not all.

Indiana: Indiana has not adopted any eviction moratorium policies that remain in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service, but they must allow for extended payment arrangements.

Iowa: Iowa has not adopted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utility companies decide whether or not to continue to provide access to utilities.

Louisiana: Louisiana has not adopted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Mississippi: Mississippi has not approved any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether or not to continue to provide service.

Missouri: Missouri has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utility companies decide whether to continue to provide service.

Nebraska: Nebraska has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utility companies decide whether to continue to provide service.

North Carolina: North Carolina has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

North Dakota: North Dakota has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Ohio: Ohio has not approved any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Oklahoma: Oklahoma has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Rhode Island: Rhode Island enacted a halt on utility disconnections until Sept. 30. Rhode Island has not approved a halt on evictions currently in effect, so the CDC’s halt on evictions is the only protection.

South Carolina: South Carolina has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

South Dakota: South Dakota has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Tennessee: Tennessee has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Texas: Texas has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Utah: Utah has not enacted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Virginia: Virginia approved a halt on utility disconnections until Oct. 5. Virginia has not enacted a halt on evictions currently in effect, so the CDC’s halt on evictions is the only eviction protection.

West Virginia: West Virginia has not adopted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Wyoming: Wyoming has not adopted any policies that are still in effect, so the CDC’s halt on evictions is the only protection. Utilities decide whether to continue to provide service.

Originally published at https://uspirg.org.