On June 30, 2021 the Centers for Disease Control and Prevention (“CDC”) extended its moratorium on residential evictions until July 31, 2021 and announced that it did not expect another extension to that moratorium. On July 2, 2021 we posted an article explaining that announcement and the inter-relationship between the CDC moratorium and the Minnesota eviction phase out that took effect on June 30, 2021.  

Despite its previous statement, 3 days after its moratorium expired, the CDC extended its eviction moratorium again, this time through October 3, 2021. The CDC stated that it issued the new moratorium due to the recent surge in COVID-19 cases brought forth by the Delta variant.  Generally under the new CDC Order, a landlord shall not evict a residential tenant for nonpayment of rent while the county is experiencing substantial or high levels of community transmission of SARS-CoV-2. As of August 1, 2021, over 80% of U.S. counties were classified as experiencing substantial or high levels of community transmission (including most of the Twin Cities metropolitan counties). The CDC Order will no longer apply to a county after 14 consecutive days without experiencing substantial or high levels of community transmission.  

As of August 6, 2021 the State of Minnesota has not updated their eviction moratorium phase out in response to the CDC’s new Order.  Since the CDC Order is more restrictive than the Minnesota phase out, it appears that until October 3, 2021 the CDC Order will control.  

The take away from these changes is that residential evictions are complicated and the applicable rules can change on a daily or weekly basis. If you have an eviction question, it would be wise to contact one of our attorneys to be sure that proper procedures are followed.