On October 21, 2020, Governor Polis issued an executive order banning evictions for at least the next 30 days, effective immediately. This order prevents evictions based on non-payment of rent, as well as evictions based on non-renewal of leases or ending month-to-month tenancies.
To be protected, tenants must sign and provide to their landlord (and the court, if they are already in eviction proceedings) a declaration stating they are experiencing financial hardship due to COVID-19. The Colorado Department of Local Affairs will create a declaration for tenants to use, but in the meantime, they may use the declaration attached to this email provided by the CDC. The requirements for the state and national eviction ban are the same. Tenants must be able to honestly swear (under penalty of perjury) that they:
- Have made “best efforts” to obtain government assistance for rent or housing,
- Expect to earn no more than $99,000 (if single) or $198,000 (if filing taxes jointly), did not have to report income to the IRS in 2019, or received a stimulus check,
- Are unable to pay full rent,
- Are using “best efforts” to make partial rent payments,
- If evicted, would become homeless, have to go to a shelter, or have to move in with others,
- Understand they still owe rent and must comply with the lease,
- Understand their landlord may pursue back-rent and (some) fees after the order expires on December 31, 2020.
If tenants have already submitted a CDC Declaration, they should tell their landlord (and the court, if they are already in proceedings) that they are now also claiming protection under Executive Order 227.
The statewide eviction ban is broader than the CDC’s eviction ban, which does not clearly prevent evictions based on ending tenancies. However, the CDC ban went into effect earlier, on September 4, and extends through December 31, 2020. The statewide eviction ban prohibits any type of evictions for anyone who can swear that they are experiencing COVID-related financial hardship.We advise everyone to reach out to an attorney for advice if they have questions about whether they are protected. Please note that the state and national evictions bans do not excuse a tenant’s obligation to pay rent, and tenants must continue paying as much rent as possible.
If you or anyone you know is facing housing insecurity or eviction, please distribute this email widely. Anyone needing assistance can fill out our intake form which is available through our website: https://cedproject.org/help/.
If you are in need of rental assistance, you may reach out to the Colorado Housing Connects hotline at 844-926-6632. Colorado’s Department of Local Affairs also lists statewide resources on its website.
