COLUMBIA, S.C. — In response to the COVID-19 pandemic, The Centers for Disease Control and Prevention (CDC) enacted a 'stay' on evictions. That means they halted them through the end of the year. But we've taken several calls in the WLTX Newsroom from people who say they've received an eviction notice. So what do you do?
"If people are evicted out of their homes and onto the street or having to double up with folks, that could put them at risk of catching the disease or spreading it," explained Sue Berkowitz, attorney and director of SC Appleseed Legal Justice Center.
The CDC is continuing to halt residential evictions to prevent further spread of COVID-19. It's supposed to keep landlords from kicking out tenants struggling to pay rent due to the pandemic.
"The magistrate court needs to be notified that you believe you are protected under the CDC order, and you have deceleration that you need to present. Get that to the magistrate immediately," said Berkowitz.
Attorneys for South Carolina Appleseed Legal Justice Center say they've been receiving calls about folks worried about being evicted. Berkowitz says if this applies to you, fill out the declaration form from the CDC's website, then contact the magistrate court before presenting it to your landlord. Berkowitz says a landlord should not go forward with a court action once these steps are complete.
"If the landlord goes forward with the court action after you notified them you're not paying rent because of COVID-19, they could be hit with a criminal penalty," explained Berkowitz.
This declaration doesn't relieve an individual from paying rent or make a house payment. Landlords can pursue eviction for reasons such as criminal activity. Berkowitz says people should only fill out the declaration if the pandemic has impacted them from paying rent.
"We urge people not to fill those out unless what they are providing is accurate because it's a deceleration," said Berkowitz. "If you go to court and show the court this, and you lie, you can get charged with perjury."
The CDC's Declaration is effective until December 31st.
Berkowitz also adds folks should reach out to South Carolina Legal Services, which is free legal aid for low-income people, to see if their eligible for free legal assistance.