4/30/20 Mayor’s Order for Nonpayment of Rent and Evictions

On April 30, the Mayor issued a new order (twelfth supplement) relating to eviction protections for most residential properties (some subsidized housing exempt). It substantially replaces and revises the old protections.

Importantly, the new order eliminates the requirement that the tenant provide notice to the landlord within 30 days of the rent being due that the tenant cannot pay and eliminates the requirement to provide documentation within one week of the notice.

Instead, there is a blanket prohibition against evicting a tenant for nonpayment if the tenant was unable to pay due to financial impacts of COVID-19 until six months after the order expires (the eviction cannot occur until December 30, 2020 since the order currently expires June 30, 2020), regardless of whether the tenant notified the landlord or provided documentation. The tenant is still nominally required to provide notice and documentation (with no requirement as to when), but failure to do so does not affect the tenant’s ability to claim the eviction protection described above. All evictions (except Ellis and those necessary due to health) are prohibited until two months after the order expires.

Additionally, any payment plan a tenant agrees to cannot waive the tenant’s right to these eviction protections.