The Cleveland Municipal Housing Court announced yesterday that, effective immediately, tenants may again seek the protections provided by the Centers for Disease Control and Prevention [CDC] Declaration form and that landlords may continue to challenge the validity thereof by by filing a motion to lift the CDC stay where applicable. The Court’s press release said that its position would be in effect until October 3, 2021, the set expiration date of the new CDC order.

That order was issued August 3, temporarily halting evictions in US counties experiencing “substantial” and ‘high” transmission levels of COVID-19 caused by the Delta variant. Cuyahoga County has a substantial level of community transmission, with cases and hospitalizations continuing to rise. The Ohio Department of Health tracks the county as having the second highest transmission level in the state.

In a related development, HUD issued a statement “call[ing] on landlords and owners who do business with HUD to access the Emergency Rental Assistance Program and do everything they can to keep families housed during this historically difficult time.” The ERAP is available in every state and is meant to help landlords and owners receive past due rent and allow tenants to remain in their homes.

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