Colorado Eviction Moratorium Updates as of 2/1/2021
By: Lindsay J. Miller
On January 21, 2021, the CDC officially extended the federal eviction moratorium through March 31, 2021. However, it is important to note that the CDC Moratorium: (1) does NOT apply to all rental situations, and (2) does NOT relieve the tenant of the obligation to pay rent or comply with contractual obligations under their Lease (in other words, the rent will continue to accrue).
The CDC Moratorium applies only to individuals who provide a sworn declaration as to the following criteria (including pursuit of a possessory action):
- The Individual has used best efforts to obtain all available government assistance for rent or housing;
- The Individual either (i) expects to earn no more than $99k in income for 2020 ($198k for joint tax filers); (ii) was not required to report any income for 2019 to the IRS; or (iii) received a stimulus check under the CARES Act;
- The Individual is unable to pay the full rent or make full housing payments due to substantial loss of household income, loss of compensable hours or work or wages, a lay-off, or extraordinary[1] out-of-pocket medical expenses;
- The Individual is using best efforts to make timely partial payments that are as close to the amount of full payment as the Individual’s circumstances may permit, taking into account the Individual’s other nondiscretionary expenses; AND
- Eviction would likely render the Individual homeless or otherwise force the Individual to live in close quarters or shared living situation because of lack of other housing options.
To be protected from eviction, tenants still must submit a CDC Declaration to their landlord and, if necessary, to the court. A copy of the CDC Declaration can be found at https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf. Please note that this form is signed under penalty of perjury, and you may be asked questions by a Judge and/or the Landlord’s attorney (if you are in the midst of an eviction right now) about the truthfulness of the statements in the Declaration.
Statewide, the only protection remains the prior ban on late or insufficient rent fees under Executive Order 307. This Order is merely an extension of prior Orders issued to preclude landlords from charging said fees for rent not received for the time period of October 15, 2020 – January 31, 2021.
All tenants applying for state rental assistance funds must now do so through a central intake application online. This application can be accessed here: https://portal.neighborlysoftware.com/coehap/participant.
We will continue to monitor changes and updates, and post new information as we are able.
Holders of mortgages insured by the Federal Housing Administration or guaranteed by Fannie Mae and Freddie Mac are covered by the extension of the moratorium on foreclosures and evictions. The foreclosure moratorium for FHA-insured single family mortgages (originally found in the CARES Act, enacted in March 2020) was extended to March 31, 2021. Freddie Mac and Fannie Mae extended its moratorium on foreclosures to February 28, 2021.
The deadline to request forbearance has also been extended. Borrowers with an FHA-insured single family mortgage have until February 28, 2021, to request a forbearance in response to COVID-19.
If your mortgage is owned by a private company, check with your loan provider to see if it provides assistance. For example, Bank of America, Chase and Wells Fargo have their own payment deferral and forbearance programs. If you’re unsure of whether your loan is federally backed or not, call your mortgage servicer and ask. You can also see if Freddie Mac backs your loan at https://ww3.freddiemac.com/loanlookup, or Fannie Mae at www.knowyouroptions.com/loanlookup.
Lindsay J. Miller
Attorney at Law
FOLKESTAD FAZEKAS BARRICK & PATOILE, P.C.
18 South Wilcox Street, Suite 200
Castle Rock, Colorado 80104-1909
Phone: 303.688.3045
[1] Defined by the Order as “any unreimbursed medical expense likely to exceed 7.5% of one’s adjusted gross income for the year.”
