The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

The Centers for Disease Control and Prevention (CDC) moratorium on certain evictions has been extended until June 30, 2021. You can still be evicted for some reasons other than nonpayment of rent.

In order to qualify for this protection you must fill out a declaration form and provide it to your landlord. You can download a copy of the declaration form in English here.

Be sure to keep a copy for your records. If you receive an eviction notice you still need to go to court to show the judge that you provided the declaration.

Declaration forms in other languages are available here: https://nlihc.org/coronavirus-and-housing-homelessness/national-eviction-moratorium

If you need legal advice on how this order may apply to you, contact:

• For Orleans, Jefferson, St. Bernard, St. Charles, and Plaquemines: Southeast Louisiana Legal Services’ Housing Line at (504) 529-1000 ext. 223.
• For other parishes throughout Southeast Louisiana (including and east of Baton Rouge): COVID-19 helpline at 1-844-244-7871
• For all other parishes outside of our service area contact Acadiana Legal Services at 1-800-256-1175.

You may also be eligible for rental assistance. The federal government has provided the state of Louisiana with millions of dollars for rental assistance. You qualify if you have lost income due to COVID-19, and they can pay up to 12 months of back rent plus up to 3 months prospective rent (depending on the program). Apply as soon as possible:

• Louisiana Emergency Rental Assistance Program (This is a statewide program, but if you are a resident of Caddo, Calcasieu, East Baton Rouge, Jefferson, Lafayette, Orleans or St. Tammany Parish, you must apply directly to the program in your parish.)
  • This program has also been expanded to help cover the costs of past-due utilities you may have, including: electricity, gas, water and sewer, trash removal and fuel oil.
  • Eligible renters can get help paying overdue utility bills as far back as April 2020. Assistance is available for current utility charges, past-due utility bills, and for reconnection and late fees. Eligible renters can get assistance covering up to 15 months of bills in total.
  • If you are still in the process of applying for the Rental Assistance Program, you can add your utility requests directly to your application. Instructions are available here.
  • If you have already submitted your application, you can request utilities assistance by submitting a "Utilities Assistance Ticket" using your online application portal. Instructions can be found here. This must be done by June 7, 2021.
• East Baton Rouge Emergency Housing Assistance
• Jefferson Parish Emergency Rental Assistance Program
• City of New Orleans Rental Assistance Program 
• St. Tammany Rental Assistance Program

Other programs that may be able to provide assistance:

• Jefferson Parish Community Action Programs (JEFFCAP) emergency rent assistance
• Finance Authority of New Orleans Community Support Fund
• Greater New Orleans Foundation Service and Hospitality Family Assistance Program

When did the CDC order become effective?

The order took effect on Friday, September 4, 2020.

What properties are covered?

The CDC order applies to all residential rental properties. But as set out below only certain people are protected.

This is different from the earlier CARES Act eviction moratorium, which was based on whether the property had a federally backed mortgage or federal subsidy. The CDC order does not apply to commercial rental properties (for example, businesses). The CDC order also does not apply to evictions from hotels and motels.

What tenants are covered?

A person is a “covered person” under the order if they give their landlord a declaration under penalty of perjury that:

1. The individual has used best efforts to obtain all available government assistance for rent or housing;

2. The individual either

• expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint return),
• was not required to report any income in 2019 to the U.S. Internal Revenue Service, or
• received a stimulus check under the CARES Act;

3. The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a layoff, or extraordinary out-of-pocket medical expenses;

4. The individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other necessary expenses; and

5. Eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting— because the individual has no other available housing options.

The declaration containing the required language is available for download here. 

*Remember that it is a criminal offense to lie on a declaration under penalty of perjury!

Does the declaration have to be notarized?

No. It is sworn, so if you sign it but it does not apply to you, you can be prosecuted for perjury because of the language on the form.

What evictions are covered?

Evictions for non-payment of rent are covered. You can still be evicted for:

1. Engaging in criminal activity on the property;
2. Threatening the health or safety of other residents;
3. Damaging or posing an immediate and significant risk of damage to property;
4. Violating any building code, health ordinance, or similar regulation relating to health and safety; or
5. Violating any other lease requirement other than payment of rent.

Can I still be evicted because my lease is expired?

The order does not say whether you can be evicted because your lease is expired and the owner wants possession.  A judge will have to decide this issue unless the federal Centers for Disease Control and Prevention (CDC) clarifies it.

You would still have to meet the other requirements on the declaration.

If you are evicted for lease non-renewal it might be important to have an attorney familiar with the CDC order represent you in court. (Call the number above to see if SLLS can provide you with free legal help).

When should I give my declaration to my landlord?

You should provide the form to your landlord as soon as possible. The order does not provide a deadline, as long as it is before you are physically evicted.

How should I give my declaration to my landlord?

You should keep some form of proof for any court that you gave the declaration to your landlord. For example you can:

• Text a picture of the signed declaration to your landlord, then screenshot the text message.
• Email a picture of the signed declaration to your landlord, and print the email before going to court
• Send the signed declaration to your landlord by certified mail and keep a copy of the mail tracking.
• Make a copy of the declaration and have your landlord sign it to indicate receipt when you turn in the original.

Can I give something to my landlord to explain the importance of the form?

Here are some helpful resources explaining the CDC eviction moratorium that you can use:

• National Low Income Housing Coalition Resources: https://nlihc.org/coronavirus-and-housing-homelessness/national-eviction-moratorium
• National Housing Law Project Resources:https://www.nhlp.org/covid/cdc-eviction-moratorium/

What evidence do I need to back up the declaration?

You should expect that judges or your landlord may ask you questions about the declaration, so you should be prepared bring the following to court if the landlord files or has filed for an eviction:

• Talk about, and even better, show your monthly budget with expenses you cannot avoid like utility bills, medical expenses, childcare, and food.
• Explain, and even better, show how you used your stimulus payments if you did not use it to pay rent.
• Talk about, and even better, show evidence of trying to make partial payments if your budget allows. For example you can bring screenshots of text messages, other evidence that you tried to work out a payment plan or make payments, or money orders for partial rent.
• Talk about, and even better, show evidence that you have attempted to obtain rental assistance, for example a list of places you called and when you called them, or paperwork from an agency where you applied for assistance.
• Show that your income is below $99,000, for example a document showing that you receive SSI, food stamps, the letter showing you got a Stimulus payment, a pay stub, or a printout showing the amount of your unemployment benefits.
• Explain why you have nowhere to go if you get evicted, besides doubling up with family or friends, or going to a shelter.

What if my landlord already got an eviction judgment but I am still in my apartment because the constable has not come out yet?

If the eviction was for nonpaymentof rent you are protected, ONLY IF you quickly take the step to become a “covered person” by giving the declaration to your landlord. So be sure to provide it right away. Then you must call the court and the constable to provide proof that you gave the declaration in order for them to stop the eviction. If this is your situation you should consider contacting an attorney right away. You may qualify for free legal aid from Southeast Louisiana Legal Services at (504) 529-1000 x.223.

Here is the CDC Declaration form.

The updated CDC order and guidance from the CDC explicitly protect you even if you provide the order after receiving an eviction judgment, but before being physically removed from the property.

Can my landlord still file an eviction against me?

Yes, your landlord can still file an eviction against you for nonpayment of rent or any other reason. If you believe you are covered by the CDC order, you must still go to court if you receive an eviction notice to prove to the judge that you are a “covered person” under the order.

Is my rent still due?

Yes, your rent is still due, and your landlord can charge you late fees if you do not pay. Your landlord can sue you to collect a rent debt, or can report it to collections which could affect your credit or ability to get future housing.

Remember, to be a “covered person” you must be able to declare under penalty of perjury that you will attempt to make payments as close to the full amount of your rent as possible given your financial circumstances. Consider repeatedly getting money orders for the amount of rent that you can afford. For example, when you get your unemployment, paycheck, or social security check, think about how much you can put toward rent, even if it is a very small amount. Offer the money orders to your landlord and be sure to get a receipt if they are accepted. If you have the ability to text or email a picture of the money orders to your landlord, do so. If your landlord will not accept partial payment, keep the money orders somewhere safe so you can show a judge that you tried to make payments and that you still have that money available to give your landlord.

What if I already gave my landlord the declaration? Will I need to submit a new one under the new extension?

No. If you have not moved and have already signed and submitted an eviction moratorium declaration, you do not need to give your landlord another one.

What happens when the Order Expires on June 30, 2021?

If you still have unpaid rent on June 30, 2021, your landlord will be able to evict you for nonpayment of rent. Your landlord can also sue you to collect a rent debt, or can report it to collections which could affect your credit or ability to get future housing.

What if I give my landlord the declaration, but my landlord still files for eviction?

You can apply for free legal services from Southeast Louisiana Legal Services at the numbers below. See “What evidence do I need to back up the declaration?” above to start compiling documentation that you might need in court to show that your landlord cannot evict you. Be sure to go to court even if you have already provided the declaration to your landlord.

• For Orleans, Jefferson, St. Bernard, St. Charles, and Plaquemines: Southeast Louisiana Legal Services’ Housing Line at (504) 529-1000 ext. 223.
• For other parishes throughout Southeast Louisiana (including and east of Baton Rouge): COVID-19 helpline at 1-844-244-7871

*Please note, our services are only available for residents of the following parishes: Ascension, Assumption, East Baton Rouge Parish, East Feliciana Parish, Iberville, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, Pointe Coupee, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Tammany, Tangipahoa, Terrebonne, Washington, West Baton Rouge, West Feliciana

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Do I need to pay taxes on my Unemployment Benefits?

Yes. Unemployment benefits are like wages, and you must report it as income on your tax return if you earned enough income to need to file taxes. BUT, the first $10,200 of unemployment benefits you received is not taxable by the IRS. If you received more than $10,200 in unemployment benefits, that will be taxed.

Do I get a special tax form for my Unemployment Benefits?

Yes. The Louisiana Workforce Commission (LWC) has begun the process of mailing out a 1099-G form to everyone who received unemployment benefits in 2020.

You can also get a copy online by logging into your HIRE account at louisianaworks.net.

Where do I find my 1099-G form in my HIRE account?

1. When you log into your HIRE account, go the menu located on the left of your screen.
2. Click on the option, “Services for Individuals.”
3. Click “Unemployment Services.”
4. You will then see several options, but you will one to click “Form 1099-G.”
5. You will then be brought to a new page and will need to click “View” on the row marked 2020. This will give you a copy of your 1099-G form that you can print.

What amount do I need to report from my 1099-G form?

• Individuals who are required to file a tax return must report the total show in Box 1 on the 1099-G form as income.
• However, the first $10,200 of the unemployment benefit you received is not taxable income to the IRS and does not need to be reported if you have not opted into having your taxes withdrawn from your weekly benefit payments.

What if I already filed my taxes, do I need to make any changes?

• On March 12, 2021, the IRS issued a statement that you do not need to make any changes to your return if you have already filed. If anything changes, the IRS will provide more information.
• Click here for more information.

How do I know if the amount listed on my 1099-G form is correct?

If you have access to your HIRE account, you may want to look at your “Claim Summary” page to see the benefits you have been paid out throughout the weeks you have filed. Both your weekly benefit amount and your additional Loss Wage Assistance, (previous additional $300 weekly amount in August), and Federal Pandemic Unemployment Compensation, (previous $600 weekly benefit amount), are counted as benefits paid to you.

However, this option may not be helpful if you have received benefits under several unemployment programs in 2020. This is because Claimants often have their claim summary page refreshed, for example, when filing a new claim for an extension of benefits or consideration of another benefit program.

Are there other ways to know if the amount listed on your 1099-G is correct?

If you think the amount of benefits listed in your 1099-G is incorrect, you can contact the Unemployment Call Center at 866-783-5567 and request a “paper review.”

If an error is identified, the agency will take make the necessary corrections and issue a corrected 1099-G.

Should I file my taxes if the 1099-G amount information has not been corrected?

Maybe. If the issue is corrected before the filing deadline then you will want to wait until your receive your corrected 1099-G form.

But if the problem has not been corrected, the IRS advises that you may still file your federal income tax return, but to NOT place the amount that is listed in your 1099-G form. You will simply file your return without reporting your 1099-G information and you will need attach a statement to your tax return.

The statement will need to include why you are not reporting the 1099-G income. A copy of the confirmation you will receive from the LWC’s online fraud reporting form can serve as the written statement.

How do I report fraud?

You can report fraud using the forms that the Agency has provided here. You can also call 1-800-201-3362.

The agency encourages that you only submit this form once. You receive a confirmation email with more information on the next steps. This form can be if you received a 1099-G in error and you have not claimed any unemployment benefits in 2020.

What if I did not receive a confirmation email by the Agency after I filed my report for Fraud?

The agency suggests that you should submit the Identity Theft request again at the following link: https://www2.laworks.net/Forms/UI_ReportSuspectedFraudForm.asp

Saving the confirmation that you have submitted a request for Identity Theft and other report for fraud is important. Proof of these requests and reports can be helpful for tax purposes.

Other ways to report fraud:

• You may file a report with your local law enforcement agency.
• You can fill out the Office of Inspector General’s online Allegation Form, available at https://www.oig.dhs.gov/hotline.
• Confirmation of a filed identity theft complaint with the Federal Trade Commission can be found at http://www.ftc.gov/. You will want to share that a person has used your personal information to receive public benefits.

What if I received a disqualification that led to an overpayment and/or I have repaid some (or all) of the overpayment? Do I need to have a corrected 1099-G form?

The Louisiana Workforce Commission is required by the IRS to put all benefit payments, including overpaid amounts on your 1099-G form. These benefits were paid out to you by the Agency and they will not issue a corrected 1099 if:

• You were disqualified and received an overpayment amount and/or
• If you have made any repayments to the Agency for an overpayment made against you.

 If I received back payments in 2021 for weeks that I was unemployed in 2020. Do I need a corrected 1099-G form?

No. These benefits have been paid to you in 2021 and not 2020. The Agency will need to report this information to the IRS next year for your 2021 income tax return and such amounts will be included in your 2021 1099- G form.

You may continue to use the original 1099-G form that was sent to you.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Do You Need Affordable Health Insurance?

New chance to enroll for reduced price, complete health insurance through the Affordable Care Act (sometimes called Obamacare)

ACA Health Insurance Enrollment
You can enroll in or change Marketplace health insurance plans
February 15, 2021 through August 15, 2021

Whether you are signing up for the first time or want to change your plan under the latest expansion, you must enroll by August 15, 2021.

Heard the Rates are Too High? Financial help lowers costs for 93% of people getting insurance in Louisiana. Financial help can pay for premiums, co-pays, and deductibles.

The American Rescue Plan passed by Congress in March makes health coverage more affordable for more people. You may now be eligible for additional savings and lower costs for “Marketplace” health insurance. Reductions are available even for people who were not eligible for coverage before. If you lost your job due to Covid and are receiving unemployment benefits, you may also be able to get help for your “COBRA” coverage.

How does the new law make healthcare coverage more affordable?
Based on your income, the new law covers more of your insurance premiums, copays, and deductibles.

Those who make up to 150% of the Federal Poverty Level can now get coverage through a “Silver Plan” without having to pay premiums. Those who are eligible for this premium-free coverage have household incomes that are at or below these amounts:

Help for premium costs also increases for everyone with incomes up to 400% of the Federal Poverty Level (or, an annual income of about $106,000 a year for a family of 4).

Are these changes permanent?
No. These changes are temporary and will be in effect during 2021 and 2022.

Are there any changes to help those receiving unemployment benefits?
Yes. People who receive unemployment benefits at any time during 2021 will be eligible for a zero-premium “Silver Plan.” This also includes reductions in copays and deductibles. These changes will only be in place for 2021, unless Congress votes to extend them.

Where do I enroll for healthcare benefits?
There are two options for enrolling on your own:

	Visit www.healthcare.gov
or
	Call 1-800-318-2596

What if I need help enrolling or finding a plan?
Find an assister to help you find a plan that’s best for you by visiting: https://localhelp.healthcare.gov

Frequently Asked Questions

How do I enroll?
Visit http://www.healthcare.gov or call 1-800-318-2596 by August 15, 2021.

If I don’t enroll now, can I enroll later if I get sick or hurt?
Probably not between August 15 and November 1 of 2021.  If you or a family member have to go to the hospital or have other expensive health needs during the year, you may not be able to get coverage after the August 15 deadline.  In November, you can start applying for coverage in 2022.

However, you might qualify for an exception (“special enrollment period”) if you get married, have a baby, adopt a child, or lose your current health insurance. And if your monthly income goes under 138% of the poverty line and you live in Louisiana, you can apply for Medicaid.

What documents will I need to sign up?
For each person in your household, you need social security numbers and information about income and taxes.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying at the "Get Help" section of our website.

*Please note, our services are only available for residents of the following parishes: Ascension, Assumption, East Baton Rouge Parish, East Feliciana Parish, Iberville, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, Pointe Coupee, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Tammany, Tangipahoa, Terrebonne, Washington, West Baton Rouge, West Feliciana

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Jefferson Parish has announced a new Emergency Rental Assistance Program to help cover up to 15 months of rent. Funds will be issued on a first come first served, so apply early.

Funds for approved applicants will be sent directly to the landlord.

Who is eligible?

To qualify, you must meet all of the following requirements:

• Be a resident of Jefferson Parish.
• Have a current residential lease agreement.
• Have current utility bill in your name.
• Be able to show you were not behind on rent before April 1, 2020, and are otherwise in good standing with the terms of the lease.
• Total household income is not more than the following:

  Number of People in Your Household	Annual Household Income	Monthly Average
  1	$39,450	$3,287.50
  2	$45,050	$3,754.16
  3	$50,700	$4,225.00
  4	$56,300	$4,691.66
  5	$60,850	$5,070.83
  6	$65,350	$5,445.83
  7	$69,850	$5,820.83
  8	$74,350	$6,195.83

• Have documentation to show a decrease in household income related to COVID-19. This includes:
  • Employment Termination Notice
  • Payroll Check or Pay Stubs
  • Bank Statements
  • Medical Bills
  • Signed Letter from Employer explaining your change in financial circumstances
  • Unemployment Award Letter
• You will also need to sign an agreement that states you are not receiving rental assistance from any other programs or other help on the rent from as a sub-lease or roommates.

*Section 8 Tenants whose rent is based on their household income may be eligible to participate in the Program, and receive up to their share of the rent.

*Tenants living in a subsidized property may be eligible for the TENANT Portion only.

How do I apply?

To apply, you must create an account and fill out the application here. To create an account, you will need to have an email address. It is important that you provide a working email address and phone number.

If you need assistance with the application, you can call (504) 226-2324 or email help@jpera.org.

Once your application is reviewed, you will receive a call from a representative if you are eligible. If you are not eligible for the program, you will receive a notification in the mail.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only.

If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.