Board of Directors
President – Shannon Chambers
Home Means Nevada, Inc. Vice-President– Perry Faigin
A Non-Profit Entity Established by the Board Member– Jennifer Yim
State of Nevada, Department of Business and Industry
Board Member – Robin Sweet
Board Member – Verise Campbell
INFORMATION FOR NEVADA RENTERS
FREQUENTLY ASKED QUESTIONS (FAQ’s) REGARDING THE
CENTERS FOR DISEASE CONTROL (CDC’S)
ORDER PREVENTING RESIDENTIAL EVICTIONS
How does the CDC Order impact residential evictions?
The CDC Order broadly prohibits a landlord from evicting a covered tenant from a residential
property through December 31, 2020. The CDC Order states that a landlord must not take any
action to remove or cause the removal of a covered tenant. That means a landlord must not
serve an eviction notice to a tenant, file an eviction case with the court, or attempt in any way
to remove the tenant from the residential property unless specifically allowed by the CDC
Order.
Are there any evictions that are allowed under the CDC Order?
The CDC Order specifies five types of evictions that are allowed through December 31, 2020. A
covered tenant can still be evicted if the tenant
1. engages in criminal activity while on the premises;
2. threatens the health or safety of another resident;
3. damages or poses an immediate and significant risk of damage to the property;
4. violates any applicable building code, health ordinance, or similar regulation relating
to health and safety; or
5. violates any other contractual obligations, other than the timely payment of rent or
similar house-related payment (including non-payment or late payment of fees
penalties, or interest).
Evictions for any reason beyond the five allowed in the CDC Order are prohibited, including
evictions for nonpayment of rent, evictions resulting from the expiration of the tenant’s lease,
“no-cause” evictions, and evictions of tenants-at-will.
Which tenants are covered by the CDC Order?
The number of tenants covered by the CDC Order is much larger than the number previously
covered under the federal CARES Act, which limited its protections to tenants in properties with
federally backed mortgages or programs. A tenant is covered by the CDC Order if he or she
1. has used best effort to obtain all available government assistance for rent or
housing;
2. either expects to earn no more than $99,000 during 2020, was not required to
report income to the IRS in 2019, or received a stimulus check under the federal
CARES Act;
3. is unable to pay the full rent due to substantial loss of household income, reduction
in wages or hours, lay-off, or extraordinary out-of-pocket medical expenses;
4. is using best effort to make partial payments of rent as close to full payment as his or
her circumstances permit; and
5. would likely be rendered homeless or forced to move and live in close quarters in a
shared living setting if evicted.
What does a tenant need to do to obtain the protections in the CDC Order?
To invoke the CDC Order’s protections, the tenants listed on the lease must sign a declaration
form available from the CDC (or one substantially similar) confirming that they are covered and
provide a copy of that signed declaration to the landlord, the property owner, or other person
who has the right to evict. There is no deadline in the CDC Order for tenants to provide these
declarations, meaning a tenant can provide the declaration even if the landlord has already
served an eviction notice or even later. Tenants who deliver these signed declarations to their
landlords cannot be evicted or removed from where they are living through December 31,
2020.
How does the CDC Order work with Nevada’s state-wide moratorium?
Nevada’s state-wide moratorium prohibits evictions based on nonpayment of rent through
October 15, 2020. The CDC Order similarly prohibits evictions for nonpayment of rent, but it
also more broadly prohibits all evictions that do not fall into one of the five permitted
categories stated in the CDC Order. While Nevada’s state-wide moratorium continues to
prevent evictions based upon nonpayment of rent through mid-October (regardless of whether
the tenant has submitted a declaration to the landlord under the CDC Order), the CDC Order
provides current protection to any covered tenant facing eviction on a basis other than
nonpayment of rent or the five permitted reasons stated in the CDC Order. Upon the expiration
of the state-wide moratorium mid-October, the CDC Order will continue to prohibit all evictions
beyond those five stated grounds, including evictions for nonpayment of rent, through the end
of December 2020.
2
Can a landlord charge late fees under the CDC Order or the state-wide moratorium?
Neither the CDC Order nor Nevada’s state-wide moratorium prevent a landlord from charging
late fees if allowed under the tenant’s lease. However, no late fees may be assessed for the
period starting March 29, 2020, to September 1, 2020, and late fees cannot serve as the basis
for eviction. Under Nevada law, late fees may not exceed five percent of the base rent.
Is a tenant still obligated to pay rent under the CDC Order or the state-wide moratorium?
Neither the CDC Order nor Nevada’s state-wide moratorium releases the tenant from the
normal obligation to pay rent. A tenant’s unpaid rent will continue to accrue. However, unpaid
rent cannot serve as a basis for eviction.
What is the penalty if a landlord violates the CDC Order?
A landlord who violates the CDC Order may be fined up to $100,000 ($250,000 if the violation
results in a death) and be sentenced to one year in jail. A business that violates the CDC Order
may be fined up to $200,000 ($500,000 if the violation result in a death) per each event.
What is the penalty if a tenant is untruthful on the signed declaration given to the landlord?
The CDC Order requires tenants to sign their declarations under penalty of perjury. Under
Nevada law, a person who signed a declaration under penalty of perjury and willfully makes a
false statement on a material matter or makes an unqualified statement they don’t know to be
true may be fined up to $5,000 and imprisoned up to four years.
