The CDC eviction moratorium has been extended until October 3, 2021. You can learn more about your rights as a tenant while the moratorium is in place here. The ban on evictions for nonpayment of rent only applies to communities with "substantial" and "high" levels of community spread of COVID-19. Currently, all parishes in Louisiana fall into this category and so the CDC ban applies. You can check your parish's current status here. Under "7 day totals" you will see a figure that says "XXX per 100k". If the number is higher than 50.99 your parish is covered.
To qualify for protection under the moratorium, you must fill out a declaration form and provide it to your landlord. You can download a copy of the declaration form here.
The federal order banning evictions for nonpayment of rent expires July 31, 2021. We do not expect another extension and there are no local protections in Louisiana. We know this is stressful for tenants. Here are some things you can do if you are worried about eviction after the moratorium ends:
What if I do not feel safe coming to court for my eviction because of COVID-19?
We know that people have concerns about increases in Covid. You have a right to attend your court hearing by computer or smartphone, or other accommodations, if you are a person for whom Covid poses a special risk, such as people with diabetes, heart conditions, etc. If you are denied the right to a remote/virtual hearing, or other requested accommodations, please contact legal services immediately.
In addition, if you have COVID-19 symptoms or exposure, you should not go to court because you will risk infecting others. You can request a continuance (postponement) or to attend your hearing by computer or smartphone. You may be able to get free legal aid to assist you with this (see above).
Please note that if you do not show up to your court hearing and do not notify the court that you need an accommodation you will receive a default judgment of eviction, and you will have only 24 hours to move. So you must contact the court (or get your lawyer to contact the court) before the hearing if you are unable to attend for health reasons. You may be able to get free legal aid to assist you with this (see above).
What about when I apply for a new apartment?
If you have rent debt or an eviction on your record due to COVID-19, there is a new law that may help you. House Bill 374 was signed into law as Louisiana Revised Statute 9:3258.1 effective August 1. Under this new law:
You also have a right to contest inaccurate information on your credit report. Here is information about your rights under the Fair Credit Reporting Act. You can also contact your local legal aid agency for assistance. Southeast Louisiana Legal Services’ COVID-19 hotline is at 844-244-7871.
What if I get sued for the back rent I owe?
If you get sued for back rent, you may qualify for free legal assistance. You can contact Southeast Louisiana Legal Services’ COVID-19 hotline at 844-244-7871, or find your local legal aid provider here.
Other resources
Read some background about the CDC order here, here, and here.
Check out the US Interagency Council on Homelessness’s guide for people facing eviction 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.
To qualify, you must meet all of the following requirements:
| 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 |
*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.
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.
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.