Eviction moratorium given extension to end of March

Recent federal legislation and an anticipated order from the director of the Centers for Disease Control (CDC), extends a September 2020 order, titled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID- 19. This order, which protects tenants from eviction based on non-payment of rent, will now run through March 31.

“Wisconsin renters should know that they are not automatically entitled to protections under the CDC order,” said Lara Sutherlin, administrator of the Department of Agriculture and Trade Consumer Protection’s Division of Trade and Consumer Protection. “We encourage Wisconsin tenants who are struggling to make rent payments, to seek this important relief by submitting their request in writing to their landlord.”

To invoke the moratorium, tenants, lessees or residents of residential properties, must provide a signed copy of the declaration form provided by the CDC (or a similar declaration) to their landlord or residential property owner. Each adult listed on the lease, rental agreement or housing contract, must provide their own separate declaration.

“The economic fallout from the pandemic has resulted in housing insecurity for many Wisconsinites,” said Wisconsin Attorney General Josh Kaul. “I’m glad the eviction moratorium has been extended.”

The federal legislation that extends the CDC order, also includes $25 billion in emergency rental assistance for states and local governments. Renters who are eligible for this assistance may use the funding to help pay rent or utility bills.

The federal eviction moratorium does not exempt tenants from their obligations to pay rent and follow the terms of their lease. Tenants are still required to pay their rent and may still be evicted for reasons other than not paying rent. Landlords may still charge and collect late fees, penalties or interest.

The order also does not change Wisconsin law that prohibits housing discrimination.