A new federal directive could provide ÃÛèÖÖ±²¥ renters with new protections, even if the state high court eventually decides to rule against an anti-eviction order by Gov. Doug Ducey.
The order issued by the U.S. Centers for Disease Control and Prevention prohibits millions of renters nationally from being ousted from homes or apartments due to nonpayment of rent.
It is far more expansive than earlier federal directives that had covered only federally financed rental units. This new order goes through the end of the year; Ducey’s executive order expires at the end of October.
The action comes just weeks after President Trump directed the CDC to study the issue.
It also comes as the ÃÛèÖÖ±²¥ Multihousing Association is trying to convince the ÃÛèÖÖ±²¥ Supreme Court that it should override the governor’s own similar directive.
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The landlords’ group contends the emergency powers ÃÛèÖÖ±²¥ lawmakers gave to governors do not permit what it says amounts to seizure of property.
Assuming the CDC order is valid — and there have been no challenges filed — it could mean the ÃÛèÖÖ±²¥ landlords could win their lawsuit and still not be able to evict tenants.
There was no immediate response from the landlords’ group or its legal team.
The new federal directive has a multi-part test to qualify.
First is a requirement that the tenant has “used best efforts†to obtain all available government assistance for rent or housing. The order does not define what that involves, however.
Similarly, tenants must make “best efforts†— again, undefined — to make timely partial payments “that are as close to the full payment as the individual’s circumstances may permit.â€
There is an income cap of $99,000 for this year for individuals and $198,000 for couples filing joint tax returns.
Also required is a reason for the inability to pay rent, which can be “substantial†loss of household income, loss of work hours or wages, a layoff, or “extraordinary out-of-pocket medical expenses.†That last category includes unreimbursed medical expenses likely to exceed 7.5% of an individual’s gross income for the year.
Help for landlords during the coronavirus crisis is coming to an end but so many people fear they will now struggle to pay rent.
Finally, there is a requirement for an applicant to say that eviction likely would leave the person or family homeless or, at the least, force them to live “in close quarters in a new congregate or shared living setting.â€
“Housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID-19,†the directive states. It says that the ability of these facilities to do infection-control measures such as social distancing decreases as crowding increases.
“Unsheltered homelessness also increases the risk that individuals will experience severe illness from COVID-19,†the CDC states.
As with Ducey’s order, the CDC says none of this removes the legal obligation of anyone to pay rent or other financial obligations under lease agreements. Landlords are allowed to collect late fees, penalties and interest.
The income figure for eligibility is not arbitrary, the CDC says.
The agency cites a national study showing that someone would need to be earning about $49,837 a year to afford a two-bedroom unit without spending more than 30% of income on rent.
Under the CDC order, violators can be fined $100,000 and jailed for up to a year; for business enterprises the fine is $200,000 per violation or $500,000 if it results in death.
Ducey’s executive order has a separate list of what can exempt a tenant from being evicted.
Factors include the need of someone diagnosed with COVID-19 to be quarantined; renters having health conditions that put them at higher-than-average risk for contracting the virus; or substantial loss of income.
But there is a workaround for landlords to the ÃÛèÖÖ±²¥ order. It allows a judge to order an eviction when it is “necessary in the interest of justice†or for other violations of the lease, like lying about the number of occupants, pets, income, employment or a criminal record.
The CDC action drew a mixed reaction from the National Low Income Housing Coalition.
The move is “long overdue and badly needed,†said Diane Yentel, the coalition’s president and CEO.
But in a prepared statement she also called it a “half-measure†because it simply delays the problem of evictions and provides no financial relief. She urged Congress and the White House to try to iron out differences in a COVID-19 relief bill, which she said would provide at least $100 billion in emergency rental assistance.
Photos for May 13: ÃÛèÖÖ±²¥ gets by during Coronavirus Pandemic
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

The venerable T-Rex outside the McDonald's at Grant and Tanque Verde comes around late, but strong, to the mask game, May 13, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Greg Madril, director of Pascua Yaqui Workforce Development, loads a van up with boxes of food to be taken to homes of elders on the reservation who have isolated themselves during the Coronavirus (COVID-19) pandemic, on May 8, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Abigail Pauley (center) and Carmen Solis (right) deliver food to the homes of elders on Pascua Yaqui Reservation who have isolated themselves during the Coronavirus (COVID-19) pandemic, on May 8, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Catalina Foothills High School graduates throw their hats in the air as they are videoed on the stage on the football field at Catalina Foothills High School, 4300 E. Sunrise Dr., in ÃÛèÖÖ±²¥, Ariz., on May 11, 2020. Due to the coronavirus pandemic, Catalina Foothills High School is videoing all 415 graduates individually over three days crossing the stage with their diploma cover. Small groups of graduates are escorted toward the stage and stand next to cones set apart for social distancing. After video and still pictures, graduates are given a t-shirt as they leave. "Its an amazing amount of work and planning, but our grads are worth it," said Julie Farbarik, director of Alumni and Community Relations at Catalina Foothills School District.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Graduates follow directions as they are filmed cross the stage at Catalina Foothills High School, 4300 E. Sunrise Dr., in ÃÛèÖÖ±²¥, Ariz., on May 11, 2020. Due to the Coronavirus Disease (COVID-19) and graduations being canceled, Catalina Foothills High School, set across three days, is filming all 415 graduates as they cross the stage with a their diploma cover. Small groups of graduates are escorted toward the stage and stand next to cones set apart for social distancing. After filming and taking pictures, graduates are given a t-shirt as they leave. "Its an amazing amount of work and planning, but our grads are worth it," said Julie Farbarik, director of Alumni and Community Relations at Catalina Foothills High School.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Catalina Foothills High School senior Maura Benesch grabs hand sanitizer before picking up her diploma cover at Catalina Foothills High School, 4300 E. Sunrise Dr., in ÃÛèÖÖ±²¥, Ariz., on May 11, 2020. Due to the coronavirus pandemic, Catalina Foothills High School is videoing all 415 graduates individually over three days crossing the stage with their diploma cover. Small groups of graduates are escorted toward the stage and stand next to cones set apart for social distancing. After video and still pictures, graduates are given a t-shirt as they leave. "Its an amazing amount of work and planning, but our grads are worth it," said Julie Farbarik, director of Alumni and Community Relations at Catalina Foothills School District.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Senior students follow directions as they are videoed crossing the stage on the football field at Catalina Foothills High School, 4300 E. Sunrise Dr., in ÃÛèÖÖ±²¥, Ariz., on May 11, 2020. Due to the coronavirus pandemic, Catalina Foothills High School is videoing all 415 graduates individually over three days crossing the stage with their diploma cover. Small groups of graduates are escorted toward the stage and stand next to cones set apart for social distancing. After video and still pictures, graduates are given a t-shirt as they leave. "Its an amazing amount of work and planning, but our grads are worth it," said Julie Farbarik, director of Alumni and Community Relations at Catalina Foothills School District.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

A fully suited worker, part of a crew from ServiceMaster, gestures out the door to a teammate while sanitizing the Little Cesars at 1201 W. St. Mary's, May 9, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Owner Michael Elefante cleans the pasta bar at Mama Louisa’s, 2041 S. Craycroft Road. Local restaurants and bars must limit their indoor occupancy to no more than 50%.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Lunchtime is normally standing room only at R&R Pizza Express, 13,905 N. Sandario Road, Marana. But it was sparsely attended on May 11, 2020, as the state allowed restaurants to re-open their dining rooms. Owner Linda Molitor carefully spaced tables to maintain social distancing for dining-in.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Owner Linda Molitor wipes down one of four tables available for dining-in at R&R Pizza Express, 13,905 N. Sandario Road, Marana, on May 11, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Suzanne Elefante, center, office manager, teaches Breanna Jirschele, employee, a discount at the register at Mama Louisa's, 2041 S. Craycroft Rd., in ÃÛèÖÖ±²¥, Ariz., on May 11, 2020.Â
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Debra Roff, left, employee, keeps her distance as she takes a families order at Coyote Pause Café, 2740 S. Kinney Rd., in ÃÛèÖÖ±²¥, Ariz., on May 11, 2020. Restaurants reopened on Monday after Gov. Doug Ducey allowed restaurants to open and the Pima County Health Department issued a list of protective measures in response to the Coronavirus Disease (COVID-19). Coyote Pause Café has decreased their seating to less than 50% to allow for social distancing along with signage about COVID-19 and social distancing. There are sneeze-guards, made by the employees, at the counter tops. There are also small trash bags placed at every table for customers to place their trash allowing employees to decrease the amount of items they touch.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Leo Kresch, left, and Drew Burk, employees from Downtown Kitchen and Cocktails prepare to-go meals at The Carriage House, 135 S. Sixth Ave., in ÃÛèÖÖ±²¥, Ariz., on May 12, 2020. Janos Wilder, owner of The Carriage House and Downtown Kitchen and Cocktails, received a donation to help prepare 1,400 meals for ÃÛèÖÖ±²¥ Medical Center employees. The meal includes two entrees and a desert.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Devon Sanner, executive chef at The Carriage House and Downtown Kitchen and Cocktails, places Thai Green Vegetable Curry on top of rice in to-go meals at The Carriage House, 135 S. Sixth Ave., in ÃÛèÖÖ±²¥, Ariz., on May 12, 2020. Janos Wilder, owner of The Carriage House and Downtown Kitchen and Cocktails, received a donation to help prepare 1,400 meals for ÃÛèÖÖ±²¥ Medical Center employees. The meal includes two entrees and a desert.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

A group of finished to-go meals remain on top of the counter while employees from Downtown Kitchen and Cocktails create more to-go meals at The Carriage House, 135 S. Sixth Ave., in ÃÛèÖÖ±²¥, Ariz., on May 12, 2020. Janos Wilder, owner of The Carriage House and Downtown Kitchen and Cocktails, received a donation to help prepare 1,400 meals for ÃÛèÖÖ±²¥ Medical Center employees. The meal includes two entrees and a desert.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Rachel Tineo, ÃÛèÖÖ±²¥ Strength ambassador, wipes down equipment at ÃÛèÖÖ±²¥ Strength, 6130 E. Speedway Blvd., in ÃÛèÖÖ±²¥, Ariz., on May 13, 2020. ÃÛèÖÖ±²¥ Strength has modified aspects of their gym to fit the coronavirus pandemic. Equipment is spaced out to allow for social distancing and equipment is being cleaned after every use by members as well as employees.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Diana Sestiaga, a manager at DSW, talks with a customer at the store located at 7191 E. Broadway, on May 12, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

A customer orders a meal during Cucusa's Caribbean Cuisine grand opening at the ÃÛèÖÖ±²¥ International Business Center, on May 12, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Bartender Katelyn Williams confirms an order from Briante Brown after he checked the offerings from a photo on her phone while doing sidewalk service at John Henry's bar, May 6, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

A bench decorated with a thank you to healthcare workers and first responders in the front yard of a home off N Tortolita Road, on May 6, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Frank Marini flashes a heart symbol to the staff at ÃÛèÖÖ±²¥ Medical Center in May. The number of hospital beds available in Pima County hasn’t fluctuated much over the last month.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Recovered Coronavirus Disease (COVID-19) patient Larry Delf, retired ÃÛèÖÖ±²¥ paramedic and St. Mary's Hospital EMT, waves to family members, friends, nurses, doctors, hospital staff and ÃÛèÖÖ±²¥ Fire Department as they celebrate Delf's recovery at Carondelet St. Mary's Hospital 1601 W. Saint Mary's Rd., in ÃÛèÖÖ±²¥, Ariz., on May 7, 2020. After a month of hospitalization, Delf is being transferred to a long-term acute care facility.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

While waiting for recovered Coronavirus Disease (COVID-19) patient Larry Delf, retired ÃÛèÖÖ±²¥ paramedic and St. Mary's Hospital EMT, Chevelle Baker, center, granddaughter, holds up a sign with Family members, friends, nurses, doctors and hospital staff to celebrate Delf's recovery at Carondelet St. Mary's Hospital 1601 W. Saint Mary's Rd., in ÃÛèÖÖ±²¥, Ariz., on May 7, 2020. After a month of hospitalization, Delf is being transferred to a long-term acute care facility.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

David Sounart, vice-president of manufacturing, removes the molds from a batch of Twin Peaks mugs, mugs the company made for the TV series, as HF Coors begins to return to production, May 8, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Esmeralda Islava works with client Caroline Stelmach at Bellaza Beauty Bar located at 1951 W Grant Road #110 during their first day reopened since non-essential businesses began closing due to Coronavirus (COVID-19), on May 8, 2020. "Its weird that there are fewer people but it feels [safer]," Stelmach said about the precautionary changes.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Melanie has her temperature checked before her manicure appointment at Bellaza Beauty Bar located at 1951 W Grant Road #110 during their first day reopened since non-essential businesses began closing due to Coronavirus (COVID-19), on May 8, 2020. When asked what it is like coming back to the salon since the virus Melanie responded "It's different for sure. Having to sign a waiver and get your temperature checked."
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Stylist Rahnay Curtis with mask on while cutting hair at CDO Barbershop on May 8, 2020, in ÃÛèÖÖ±²¥.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Owner Jennifer Ball cuts Carl Arnal's hair at CDO Barbershop on May 8, 2020, in ÃÛèÖÖ±²¥. Arnal said, "I cheated a little on March 7. My son is a barber." He added, "I started panicking when they talked about (reopening) in the middle of May." When he said down in the chair for a cut, he said, "I will definitely enjoy this one."
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Josh and Meghan Leunen share their helping of lava cake from the bed of their truck while cars still file into the lots at the ÃÛèÖÖ±²¥ Dragway Drive-In Theater Powered by Griffith Automotive Repair & Restoration's showing of Pixar's Cars, May 8, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Isaiah Valdez peers out from the trunk of his car, with two stout table legs providing extra support of the hood, before the start of the night's showing of Cars at the ÃÛèÖÖ±²¥ Dragway Drive-In Theater Powered by Griffith Automotive Repair & Restoration, May 8, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Family members practice social distancing while celebrating mothers day at Agua Caliente Park, 12325 E. Roger Rd., in ÃÛèÖÖ±²¥, Ariz., on May 10, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Wright Elementary School teacher Sheree Garcia packs up leftover items in students' desks for them to pick up, on May 8, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Wright Elementary School teacher Sheree Garcia elbow bumps her student Francisco Cruz Silva, 8, as she drops off a computer for him at his family's home, on May 8, 2020.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Sarah Hemzawi, in Raleigh, N.C., gets to attend the evening meal of her parents Ziad Hemzawi and Raina Kanawati, part of their Ramadan ceremonies at their home, May 7, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Rania Kanawati prays in her living room, part of the adapting to the closing of the local mosques due to COVID19 restrictions, May 7, 2020, ÃÛèÖÖ±²¥, Ariz.
ÃÛèÖÖ±²¥ gets by during coronavirus pandemic

Owner Jesus Bonillas measures the distance between tables at the American Eat Co. Small businesses can apply for no-interest loans through the city until Tuesday, May 26.