A halt on evictions nationwide has been ordered by the Trump administration through December. The eviction ban is the most recent effort put forward by the Centers for Disease Control and Prevention to slow the spread of COVID-19.
To apply for the new moratorium, tenants must attest to a substantial loss of household income, the inability to pay full rent, and make their best efforts to pay partial rent, as well as specifying that an eviction would leave the tenants homeless or forced into close living quarters with others. Forms to apply will be available on the CDC website once the new moratorium is published in the Federal Register.
Oregon’s moratorium was extended in late June and is now extended again through the end of the year by an executive order issued by Gov. Kate Brown. The governor acted under authority granted in House Bill 4204 which the Legislature passed its first special session in June.
Brown also cited coronavirus concerns, staying that ensuring housing for Oregonians has been an essential aspect of Oregon’s COVID-19 emergency response. The executive order states that extending the moratorium was necessary “to prevent the removal of Oregonians from their homes by foreclosure, which would result in serious health, safety, welfare, and financial consequences, and which would undermine key efforts to prevent the spread of COVID-19.”
“Extension of that moratorium is also necessary to protect businesses at risk of foreclosure, and businesses operating within premises at risk of foreclosure, many of which provide necessary goods and services during this emergency,” Brown’s order states.
The Oregon Bankers Association sued in August to overturn part of a new state law, arguing that provisions in HB 4204 that protect homeowners from fees, foreclosure, and other penalties associated with missed mortgage payments are unconstitutional.
The bankers are attacking the provisions in the legislation that apply retroactively as well as those that prohibit fees and penalties banks could otherwise charge people who don’t make timely mortgage payments despite the economic crisis caused by the pandemic. The governor’s office said the most recent executive order includes those additional provisions.
Oregon also has a residential eviction ban for renters which is due to expire at the end of the month. Tenants will have until the end of March 2021 to pay back rent owed.
By Emily Weninger