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May 20, 2021

The Centers for Disease Control (CDC) residential rental eviction moratorium has been extended through June 30, 2021. Governor Steve Sisolak signed and issued Emergency Directive 043, which extends a moratorium on most residential evictions in Nevada, through May 31; view the guidance and other documents related to this directive.

The state moratorium will apply to a "Covered Person," a natural person who:

  1. Is unable, due to circumstances related to the COVID-19 pandemic, to pay the full rent due tosubstantial loss of household income, significant loss of compensable hours of work or wages,a lay-off, or extraordinary out-of-pocket medical expenses;
  2. Is likely to become homeless or be forced to move into a congregate or shared livingsituation if evicted; and The individual:
    1. Earned no more than $99,000 in annual income for Calendar Year 2020 or expects toearn no more than $99,000 in Calendar Year 2021 (or no more than $198,000 if filinga joint tax return);
    2. Was not required to report any income in 2019 to the U.S. Internal Revenue Service;or
    3. Received an Economic Impact Payment (stimulus check) pursuant to Section 2201 ofthe CARES Act or a Recovery Act Rebate (stimulus check0 pursuant to Section 9601of the ARP Act. 

Tenant Rights

It is important for all residents to know their tenant rights:

  • You have the right not to be locked out of your unit without an eviction order being issued by a judge.
  • You have the right to live in your unit without being harassed by your landlord.
  • You have the right to live in a habitable unit with essential services.
  • You have the right to dispute a trespassing citation.
  • You have the right to negotiate rental payments if you cannot afford to pay in full.
  • You have the right to contest an eviction notice.
  • You have the right to seek legal assistance.

If you are facing eviction, please be sure to document any communication between yourself and your landlord to show your efforts and discussion towards mediation due to COVID-19.

U.S. Centers for Disease Control and Prevention (CDC) Order's Protections

The Centers for Disease Control and Prevention (CDC) Order prohibits evictions under certain conditions. 

  • CDC Order prohibits evictions under certain conditions. The CDC Order does not protect tenants from eviction who engage in criminal activity, threaten other residents, damage the property, or violate their lease in some way unrelated to rent or payment; and

  • Tenants can invoke the protections under the CDC Order only if they  give their landlord a signed declaration and truthfully state that they are unable to pay their rent, have tried to obtain rental assistance, have made their best efforts to pay partial rent, have either received a stimulus payment or will make less than $99,000 this year, and eviction might leave the tenant homeless or forced into a group living situation. 

To qualify for the U.S. Centers for Disease Control and Prevention (CDC) order’s protections, tenants must sign a CDC declaration form confirming that they are covered and provide a copy to the landlord, the property owner, or other person who has the right to evict. The form is available on the CDC website: https://www.cdc.gov/coronavirus/2019-ncov/downloads/EvictionDeclare_d508.pdf 

Tenants are covered by the CDC order if they:

  • Have used their best effort to obtain all available government assistance for rent or housing;
  • Expect to earn no more than $99,000 during 2021, were not required to report income to the IRS in 2020, or received a stimulus check under the federal CARES Act;
  • Are unable to pay the full rent due to substantial loss of household income, reduction in wages or hours, were laid-off, or experienced extraordinary out-of-pocket medical expenses;
  • Are using their best effort to make partial payments of rent as close to full payment as their circumstances permit; and
  • Would likely be rendered homeless or forced to move and live in close quarters in a shared living setting if evicted.

The CDC order does allow evictions of tenants if they: 

  • Engage in criminal activity while on the premises;
  • Threaten the health or safety of another resident;
  • Damage or pose an immediate and significant risk of damage to the property;
  • Violate any applicable building code, health ordinance, or similar regulation relating to health and safety; or
  • Violate any other non-financial contractual obligations.

Resources

Southern Nevada Eviction Prevention Program

The Southern Nevada Eviction Prevention Program is a partnership between Clark County, Supreme Court Chief Justice James Hardesty, local justice courts, the state and local cities, and Legal Aid Center of Southern Nevada. The program could help qualifying households prevent a pending eviction by paying up to 12 months of back rent and providing legal advice, mediation between tenants and landlords, and other services as needed.

A tenant who receives an eviction notice should promptly file a response with the local Justice Court identified on the notice and select mediation in their response. Responses may be filed online or via email with some courts. Tenants may also file responses in person at court or at one of several community outreach events Legal Aid Center will host next month.

Tenants who need assistance with their response, or other steps in the process should contact Legal Aid Center at (702) 386-1070.

Filing a response with the court will trigger additional review by Clark County, which will have a case worker reach out to the tenant, guide them through the County’s CHAP rental assistance program application, and connect them with other resources if necessary. Similar assistance for qualifying tenants not facing eviction will be expanded soon too.

As with other CHAP applicants, tenants facing eviction will be required to provide financial and other documentation and fall under strict income limits. For example, an eligible household of four could make up to $60,000 a year. For more information about CHAP visit CHAP.ClarkCountyNV.gov. The CHAP applications for households facing eviction will be reviewed by a special team of staff dedicated to the eviction prevention program.

Already this year, more than 400 households facing eviction have received $3 million through CHAP to bring them current with their rent.

Landlords who participate in the eviction prevention program receive the back rent owed to them in return for agreeing to drop the eviction proceedings and promising not to evict the tenant for non-payment of rent for the following 60 days. Landlords also have the legal right to refuse to participate in the program and move forward with eviction proceedings.

During the past year, the County’s CHAP program has provided more than $107 million in housing or utility assistance to about 24,000 households in Southern Nevada. With additional funding recently provided by the state, County and local cities, there is about $160 million now available for rental assistance, which is expected to be enough to help 40,000 more households.

Emergency Rental Assistance OverviewU.S. Department of the Treasury Emergency Rental Assistance

Clark County is administering the Emergency Rental Assistance for all of Clark County. And ClarkCounty Social Services  is currently accepting CHAP applications for rent and utilities assistance. 

Rent and Mortgage Payment Assistance – To access statewide and local resources and programs offering potential assistance to help with rent, mortgage, or receipt of rental payments, go the portal available through the Nevada Housing Division at https://housing.nv.gov/.

Rental Mediation Program – Senate Bill 1 from the 32nd Special Session of the Nevada Legislature authorizes courts to grant a stay of eviction proceedings if the courts establish a mediation program.  Under this authority, the Nevada Supreme Court adopted a new eviction mediation program to steer certain types of eviction cases into mediation in the hopes that landlords and tenants could resolve their disputes themselves, instead of arguing in court, thereby reducing the number of people in the courthouse during the COVID-19 pandemic.  For additional information and answers to frequently asked questions, visit http://www.homemnv.org/renter-connect/ 

Home Means Nevada, Inc. (HMN) offers a portal to access assistance for Nevada homeowners impacted by the COVID-19 pandemic, including foreclosure mediation programs at http://www.homemnv.org/

CDC - Access to the CDC Order, the downloadable declaration form, and answers to frequently asked questions at  https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html

Legal Aid Center of Southern Nevada.

If your landlord has expressed moving forward with eviction and you feel you are within your tenant rights, please contact legal assistance for guidance:

  • Legal Aid Center of Southern Nevada: 702-386-1070 or info@lacsn.orgb. 
  • Nevada Legal Services: Tenants’ Rights Center – 702-383-60957. 

If you feel you are facing housing discrimination please contact:

  • Silver State Fair Housing Council: 702-749-3288 or 888-585-8634 or Relay Nevada 711
  • U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity: 1-800-347-3739 or 415-489-6524
  • Nevada Equal Rights Commission: 702-486-7161

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