Legally Brief: What You Need to Know About the 8/3/21 Eviction Moratorium

On August 3, 2021, the Biden Administration at the urge of the CDC issued a limited eviction moratorium, just three days after the previous nationwide moratorium expired on July 31st, 2021. Here is what you need to know:

  • IT IS LIMITED.    This moratorium is different. It bans evictions in counties with high rates of COVID-19 transmission only; it is NOT a nationwide moratorium like the one that just ended.
  • MOST of Indiana is included in this at this time;  84 of Indiana’s 92 counties. The 8 counties NOT included at this time are Brown, Daviess, LaGrange, Martin, Ohio, Randolph, Union and Wayne.
  • This means that evictions should be banned in Indiana’s other 84 counties if they are pursued for nonpayment of rent due to the pandemic. The moratoriums do not ban evictions for non-COVID related reasons.
  • This determination was based on current COVID transmission rates, so this will change. For example, if one of the eight counties listed above becomes a “hot spot”, then it is likely the moratorium will be expanded to include that county. Likewise if one “cools off”, evictions may be allowed there.
  • We all know that some evictions are indeed continuing despite the moratorium, and in those cases we can work with you to advocate for survivors accordingly.
  • This moratorium expires on October 3, 2021. Consider this another notice to reach out for rental assistance when possible!

Again, this is fluid. Counties will be added and removed from the CDC eviction ban according to their COVID transmission rates and it will be challenging for local courts, clerks and housing providers to follow this.

Check out the CDC Data Tracker to stay up to date. If your county is listed as moderate (yellow) or low (blue) transmission, the eviction ban does not apply in your county.

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