7
2020246975
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ORDER
BY STAYSINFILE
THE COUNTY JUDGE OF TRAVIS COUNTY
County Judge Order No. 2020-22 Relating to Notices to Vacate, Eviction Proceedings
in response to COVID-19
Whereas, on March 6, 2020, a Declaration of Local Disaster was issued by the Travis
County Judge to allow the County of Travis ("County" or "Travis County"), Texas to take
measures to reduce the possibility of exposure to COVID-19 and promote the health and safety of
Travis County residents; and
Whereas, on March 13, 2020, a Declaration of State of Disaster was issued by Governor
Abbott to take additional steps to prepare for, respond to, and mitigate the spread of COVID-19 to
protect the health and welfare of Texans; and
Whereas, the COVID-19 virus is contagious and spreads through person-to-person
contact, especially in group settings; and
Whereas, on July 2, 2020 and subsequently on October 7, 2020, the Governor issued
Executive Orders GA-29 and GA-32, requiring the wearing of face coverings except under certain
circumstances, and imposing continued limitations on gatherings and occupancy limits, as well as
continuing recommended health protocols and social distancing measures to attempt to mitigate
increased transfer of CO VID-19; and
Whereas, on September 4, 2020, the Centers for Disease Control and Prevention (CDC),
Department of Health and Human Services issued a Temporary Halt in Evictions to Prevent the
Further Spread of COVID-19 ("CDC Order"), effective through December 31, 2020, and requiring
the filing of a declaration related to inability to pay rent; and
Whereas, on September 17, 2020, the Texas Supreme Court issued further orders in its
Twenty-Fifth Emergency Order regarding the COVID-19 State of Disaster, related to the CDC
Eviction Moratorium, and set limitations on proceeding with evictions in certain circumstances,
and requiring certain information in an eviction petition; and
Whereas, on September 30 and October 9, 2020, the County Judge issued Order Nos.
2020-19 and 2020-20 relating to Notices to Vacate, Eviction Proceedings, expiring on December
31, 2020; aml
Whereas, on December 15, 2020, the County Judge issued Order 2020-21, effective 12:00
a.m. on December 16, 2020, prohibiting any gatherings in excess of 10 people and requiring face
coverings, except as permitted by the Governor's orders, and requiring the implementation of a
health and safety policy related to preventing transmission of the COVID-19 virus; and
Whereas, on December 16, 2020, the Justices of the Peace in Travis County issued Eighth
Modification of Standing Order regarding Coronavirus Disease (COVID-19) Mitigation, Order
No. 10 ("Justices of the Peace Standing Order"), due to continued disaster declarations of federal,
Page 1 of 4
state and Travis County governments, relevant Supreme Court of Texas emergency orders, and the
number of COVID-19 cases in the Austin/Travis County area, setting limitations on the filing of
eviction cases, such as automatically abating residential eviction cases until after February 1, 2021
if the grounds for eviction are solely for non-payment of rent/housing payments based on income
levels of the tenant, and requiring the filing of a Declaration by tenant in certain cases as provided
in the CDC Order and Supreme Court of Texas' Twenty-Fifth Emergency Order; and
Whereas, to comply with the County Judge's Orders, Governor Abbott's Executive
Orders, and federal guidance; and to avoid person-to-person contact, individuals may be unable to
work, which could impact a tenant's ability to pay rent, fees, or other charges associated with the
tenant's lease; and certain industries, such as childcare, live-music venues, arts venues, and
restaurants/bars were among the industries first detrimentally impacted by the pandemic and are
expected to be the last to recover; and
Whereas, as of December 15, 2020, Travis County has experienced 42,856 confirmed
cases of COVID-19, with 301 current hospitalizations and 507 deaths as a result of the disease,
and Texas cautioned by the CDC to take steps to curb the increase in COVID-19 cases to avoid
hospitals exceeding capacity; and
Whereas, COVID-19 continues to menace the health of County residents and the
economy, and the Health Authority has advised on the need for continued vigilance by individuals
and County businesses in complying with mandatory health measures; and
Whereas, the County Judge has determined that extraordinary emergency measures must
be taken to try and mitigate the effects of this public health emergency and to facilitate a response
to the public health threat; and
Whereas, there are local orders and ordinances specific to the City of Austin regarding
notices to vacate and evictions for properties within the jurisdiction of the City of Austin that
attempt to mitigate the effects of this public health emergency and facilitate a response to the public
health threat, and which can be obtained from the City of Austin to determine applicability; and
Whereas, pursuant to Government Code section 418.108(g), a County Judge is authorized
to control ingress and egress from a local disaster area, and control the movement of persons and
the occupancy of premises in that disaster area; and
Whereas, providing a notice to vacate, as the first step to an eviction proceeding, during
the disaster period will destabilize the economy and will contribute to additional person-to-person
contact, which will effectively undermine the measures taken in past emergencies orders by the
County Judge, Mayor of
theCity of Austin, and Ilealth Authority to combat nnd prevent the spread
of the COVID-19 virus; and
Whereas, significant funds have been allocated in Travis County to assist renters and
landlords to mitigate financial burdens to both parties; and
Whereas, removing a tenant's property or excluding a tenant during the disaster period
will contribute to additional person-to-person contact, an increase in household crowding, such as
Page
2 of4
shared household settings or in congregate settings (homeless shelters), or unsheltered
homelessness, and increase the risk of spread.
NOW THEREFORE, I, COUNTY JUDGE OF TRAVIS COUNTY, PURSUANT TO
THE AUTHORITY VESTED BY TEXAS GOVERNMENT CODE CHAPTER 418,
HEREBY FIND AND ORDER THAT:
SECTION
1. That the findings and recitations set out in the preamble to this Order are
found to be true and correct and made a part of this Order for all purposes; and further, that this Order
shall apply to all individuals currently living within Travis County, including but not limited to all
of the cities and municipalities within the boundaries of Travis County and specifically listed in
Exhibit A.
SECTION 2.
Effective immediately and continuing through February I, 2021, unless
terminated or modified by a subsequent order, the County Judge deems it in the public interest to
PROHIBIT, except as otherwise provided in this section, the issuance of Notices to Vacate (as
defined in Section 4, below) to a: (i) residential tenant who fails to pay rent and the amount of the
tenant's rent is $2,475 or less per month, (ii) a residential tenant who fails to pay rent and provides
the landlord the CDC Declaration attached as Exhibit B to this Order, and included as part of the
Justices of the Peace Standing Order attached as Exhibit C, or (iii) a commercial tenant (as defined
in Section 4, below). In this section, a tenant includes an individual who holds over beyond the
end of the rental term or renewal period.
A landlord may issue a notice to vacate to a tenant described in this section if:
(1) the actions of the tenant, or the tenant's household members, customers, employees, or
guests, pose an imminent threat of(a) physical harm to the property owner, the property
owner's employees, or other tenants, including other tenants within the household; (b)
criminal activity; or (c) property damage that interferes with the use a dwelling that is
occupied by other tenants; or
(2) an insured casualty loss such as fire, smoke, hail, explosion, or a similar cause creates
a condition that makes the residential premises totally unusable.
SECTION 3. Effective immediately and continuing through February I, 2021, unless
terminated or modified by a subsequent Order, the County Judge deems it in the public interest to
PROHIBIT the removal of property or exclusion of a tenant by a property owner in the manners
described in the applicable sections of the Texas Property Code.
SECTION 4.
a. "Commercial Tenant" means a tenant who operates a childcare business, live-music
venue, arts venue, or restaurant/bar.
b. "Issuance" means any method of providing notice authorized by Texas Property Code
Section 24.005.
Page 3 of4
c. "Notices to Vacate" means the notice to vacate required by Section 24.005 that must
be provided prior to filing eviction suit.
SECTION 5. That the Travis County Sheriffs Office, the Travis County Fire Marshal's
Office, and other peace officers, are hereby authorized to enforce this Order.
A violation of this
order may be punishable through criminal or civil enforcement.
A criminal violation of this order
is a misdemeanor punishable by a fine not to exceed $1,000, but not by confinement. A criminal
violation of this order may be enforced by issuing a citation to the person violating, that contains
the name and address of the person charged, and the offense charged.
SECTION 6. The Travis County Clerk will post this Order on their website. In addition,
the owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly
encouraged to post a copy of this Order onsite and to provide a copy to any member of the public
asking for a copy.
SECTION 7. Savings Clause. If any provision of this Order or its application to any
person or circumstance is held to be invalid, then the remainder of the Order, including the
application of such part or provision to other persons or circumstances, shall not be affected and
shall continue in full force and effect. To this end, the provisions of this Order are severable.
SECTION 8. This Order incorporates by reference the following:
Exhibit
A: List of Cities and Municipalities Within Travis County Jurisdiction
Covered by this Order
Exhibit
B: CDC Declaration
Exhibit C: Justices of the Peace Standing Order
ORDERED this the {
~
ge
f Travis, Texas
Filed with the Clerk of Travis County, this
/0
4
'
day of December, 2020.
~
Dana De Bcauvoir,CountyClerk=
Page 4 of4
ExhibitA
List of Cities and Municipalities within Travis County Jurisdiction covered by the Order
City of Bee Cave
City of Cedar Park
City of Creedmoor
City of Elgin
City of Jonestown
City of Lago Vista
City of Lakeway
City of Leander
City of Manor
City of Mustang Ridge
City of Pflugerville
City of Rollingwood
City of Round Rock
City of Sunset Valley
City of West Lake Hills
Village of Briarcliff
Village of Point Venture
Village of San Leanna
Village of The Hills
Village of Volente
Village of Webberville
Exhibit B
DECLARATION UNDER PENAL TY OF PERJURY FOR THE CENTERS FOR DISEASE CONTROL AND PREVENTION'S TEMPORARY
HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19
This declaration is for tenants, lessees, or residents of residential properties who are covered by the CDC's order temporarily halting
residential evictions (not including foreclosures on home mortgages) to prevent the further spread of COVID-19. Under the CDC's
order:
You must provide a copy of this declaration to your landlord, owner of the residential property where you live, or other
person who has a right to have you evicted or removed from where you live.
You must also provide a copy to the court if
a suit for eviction has been filed against you.
Each adult listed on the lease, rental agreement, or housing contract should complete this declaration.
Unless the CDC order is extended, changed, or ended, the order prevents you from being evicted or removed from where you are
living through December 31, 2020. You are still required to pay rent and follow all the other terms of your lease and rules of the place
where you live. You may also still be evicted for reasons other than not paying rent or making a housing payment.
This declaration is sworn testimony, meaning that you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit
important information.
I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the following are true and correct:
I have used best efforts to obtain all available government assistance for rent or housing;
I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a
joint tax return), was not required to report any income in 2019 to the I.R.S., or received an Economic Impact Payment
(stimulus check) pursuant to Section 2201 of the CARES Act;
I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of
compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
I am 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 nondiscretionary expenses;
If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence
shared by other people who live in close quarters because I have no other available housing options.
I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under
my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or
making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or
collected.
I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may
require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me
subject to eviction pursuant to State and local laws. I understand that any false or misleading statements or omissions may
result in criminal and civil actions for fines, penalties, damages, or imprisonment.
Signature of Declarant
Date
Print Full Name of Declarant
Full Address of Property
"Available government assistance" means any governmental rental or housing payment benefits available to the individual or any household member
An "extraordinary" medical expense is any unreimbursed medical expense likely to exceed 7.5% of one's adjusted gross income for the year.
"Available housing" means any available, unoccupied residential property, or other space for occupancy in any seasonal or temporary housing, that
would not violate Federal, State, or local occupancy standards and that would not result in an overall increase of housing cost to you.
CERTIFICATEOF SERVICE
I certify that a copy of this document was provided to my landlord and/or to the owner of the property where I live via the following
method(s) (check all that apply):
First Class Mail to: _______________________ Date: ___ _
_ Certified Mail, Return Receipt Requested to: _____________ _
CMRRR Number: __________ Date: ___ _
Email to: __________________________ Date: ___ _
_ Fax to:( __ ) __ - Date: ___ _
_ Hand Delivery to: (name) Date: ___ _
_ Other (explain): Date: ___ _
You must also provide a copy to the court ifa suit for eviction has been filed against you.
click to sign
signature
click to edit
Exhibit C
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Travis County Justices of the Peace
Judg,·Raml.ill Slagle·
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TX
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EIGHTH MODIFICATION OF STANDING ORDER REGARDING CORONA VIRUS
DISEASE (COVID-19) MITIGATION TO ALL TRAVIS COUNTY .JUSTICES OF THE
PEACE (,JUSTICE COURTS) (Order No.
JO)
I. The Justices of the Peace in Travis County issue this order pursuant
by the authority granted
by law. by all emergency orders regarding the COVI D-19 state of disaster issued by the
Supreme Court of Texas and Court of Criminal Appeals of Texas. and any applicable
Jederal laws and orders. The Travis County .Justices of the Peace issue the following order
to avoid risk to court staff parties. attorneys, jurors. and the public in regards to COVID-
19.
2. This order supplements all previous COVID-19 related standing orders from the Travis
County .Justices of the Peace.
3. Due to the continued COVlD-l 9 disaster declarations
hy the t"cderal. state, and Travis
County governments: the number of COVJD-19 cases in the Austin-Travis County area:
relevant gubernatorial executive orders: relevant Travis County Judge's Orders: the
relevant Supreme Court of Texas emergency orders. the Justices of the Peace in Travis
County find it necessary to order:
a. A trial under Texas Rules of Civil Procedure .510. 7 in a resitkntial eviction case is
automatically abated unti I after February I. 2021
if:
1. The grounds for eviction arc solely for non-payment of rent/housing
payments. and
11. The defendant's/temmt's portion of the monthly rent/housing payrrn:nl of
the premises is $2.4 75.00 a month or less.
l'ugc I of6
b. This order docs nol release a plaintirr s/landlord's obligation to comply with
paragraph 3 of
lhe Supreme ( 'our/ o( Te.ws · 1:·111ergenc,:i-T11•e11ty-Fi/il, Order
Regarding the COVID-/9 Stll/e o/Disaster (restated in paragraph 4a of this order)
or any subsequent Supreme Court of Texas E1rn.:rgency Order on this subject mailer.
Additionally. if all the statemenls arc true for a ddt·ndant/tenant in a declaration
under penalty of pe1:jury for the Centers li.)r Disease Control and Prevention ·s
Temporal)' Halt in Evictions lo Prevent the Further Spread of COVID-19 (""CDC
Declaration"). the defendant/tenant is encouraged to submit the
CDC Declaration
with the justice court and provide a copy of the submitted CDC Declaration to the
plaintiff/landlord, even if the eviction case is automatically anated under paragraph
3a.
c. Writs of possession for cases that have been abated prior to September :rn.2020 for
evictions solely on the basis for non-payment of rent/housing payments will
continue to he abated until aflcr February I. 2021 if the defendant/tenant has filed
a CDC Declaration \Vith the justice court prior to the writ of rosscssion 's execution
and if the CDC extends the CDC Order titkd,
li.
1
mporwy llalt in Residential
!:'victions to Pre,·ent the Further ,c.,1,readof COl'l{)-/1). beyond its December 31.
2020 expiration date.
d. A defrndant/tcnanl. where the defendant's/tenant's portion
or the monthly
rent/housing payment of the premises is more than $2.475 a month must file a
CDC
Declaration to abate an eviction case under the CDC Order or 1'l1e5,'upremeCourt
<?(Texas· Twenty-F(fih J::mergenly Order R(·garding the ( 'OVID-N State <?I
Disaster (or any subscqw:nt Supreme Court of Texas l:mcrgency Order on this
subject matter).
c. For residential eviction cases heard afler October I. 2020.
if a justice court finds
that the plaintiff/landlord has alleged grounds for the eviction case other than non-
payment of rent/housing payments as a pretext due to the dclcndant/tcnant
submitting a CDC Declaration to the plaintifltlandlord prio:- to the eviction case
being filed or was a pretext to circumvent paragraph 3
orthis order or the CDC
Order, the Justice Court shall abate or dismiss the case. The justice court may also
sanction the plaintiff/landlord or its agents for the pretcxtual Ii ling.
l'rige 2 or 6
f /\ sample CDC Declaration is allached to this order titled. Declaration wuler
I'ena/~1
1
ofl'erjwJji>r the ( 'entenji>r Disease C 'ontrol and Pre1·cntio11·.,·Tempora,y
Halt in Evictions to Prel'el1/ Further SiJreaJ o(COVID-/CJ. The sample declaration
or a similar declaration may be used.
g. If the CDC docs the CDC Order titled,
T<!111pora1J'not extend Halt in Residential
Evictions
to Pre,·enl the Further ,\11reacl ,~f('()VI IJ-19. heyond its Decemher 31,
2020 expiration date, then the provisions specifically and as narrowly construed
related to the CDC Order/Moratorium will no longer be appficable.
4. [n any action for eviction to recover possession of residential property under Chapter 24 or
the Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure:
a.
A sworn original, amended. or supplemental pi:tition containing '·a description of
the facts and grounds for eviction·· required
by Texas Ru:c of Civil Procedure
510.3(a)(2) must state whether or not:
1. The premises are a ··covered dwelling·· suhject lo Section 4024 of' the
CARES Act:
11. The plaintiffi'landlord 1s a ··11rnltifim1ily borrower" under forhcaranc..:e
subject lo Section 4023 of the CARES Act:
111. The plaintiff/landlord has provided the defendant with 30 days· notice to
vacate under Sections 4024(c) and 4023(c) of the C/\RES Act: and
1v. The defendant/tenant has provided the plaintiff/landlord with a declaration
under the Cenh:rs for Di seas<.: Control and Prevention ·s agency order, titled
TempormJ' I !alt in Residential /:'rictivn.1· to f'revenl the Furthff ,\JJreado/
COVID-19. ("CDC Order'") that took effect on September 4. 2020
b. Consistent with paragraph 3c of the Supreme Court of Texas· Twenty-Fifth
Emergency Order Regarding the COV[D-19 State of Disaster, plaintiffs/landlords
in all residential eviction cases arc required to file with the Justice Court. and serve
on the defendants/tenants. a sworn affidavit/or unsworn declaration under penalty
of perjury verifying the infi..m1rntion required in paragraph 4a
irthat information is
not apparent in the sworn original petition.
l'age 3 01'6
1. A justice court may dismiss without prejudice due to an insunicicnt
pleading, any eviction case covered under paragraph 4 after the
j usticc court
has provided notice to both parties that the information required in
paragraph 4 is potentially missing and giving the plaintiff1/landlord at least
14 days to cure the pleading.
11. Filing with the Justice Court a sworn affidavit/or unsworn declaration under
penalty of pcdury to verify the information required in paragraph 4a. and
serving it on the defendant/tenant, will be sufficient to meet the
requirements imposed by paragraph 4a and 4b.
111. Attached to this order is a sample sworn affidavit/or unsworn declaration
under penalty of pedury lo verify the information required in paragraph 4a,
titled
Ver(fication of Compliuna with Sections .JV13 and .J02.J,?f'the
CARES Act and the CDC Issued Federal Moratorium Order.
ff a
plaintiff/landlord wishes to use another form to comply with this order. the
substantive information contained in the sample must be contuined in the
plaintiff's form.
5. Any jury trial until February
I. 202 I must be tried remotely consistent with 111e Supreme
Court <d.Texas' Twenty-Ninth Emergency Ore/er ifoRarding the C'OVJD-11.J,",'tale<?l
Disaster.
6. This order does not diminish the Justices of the Peacc·s ability to continue to issue
judgments, orders. and rulings by submission if already authorized by law to
Jo so for non-
eviction cases.
7. In order to alleviate the threat of COVID-19 in county jails, the Justices of the Peace
temporarily suspend active warrants for all misdemeanor Class
C offenses from their
courts until February
I. 202 l. All the requirements and conditions of the warrants
previously signed by the Justices of the Peace remain in effect but arc suspended during
this state of emergency. For the effective suspension. the Trnvis County Sheriffs Office.
Page 4 nf6
Travis County Constables. and all other law enlorcement agencies arc directed to relate
this order to all law enforcement officers requesting confirmation of warrants. so that
they are aware not to bring Class C defendants to the jai
I.
Therefore. all warrants for misdemeanor Class C offenses from the Justices of the Peace
arc temporarily suspended until February I.
2021. For the duration or this suspension, the
Travis County Sheriffs Office is ordered to not accept a defendant who solely has a
Class C misdemeanor warrant from the Travis County Justices of the Peace.
8. A justice court may require new filings to be limited to F-File (EFilcTexas.gov) or to the
Justice Court"s designated filing email as noticed in each Justice Court"s wehsitc.
9. Each justice court is authorized to limit building access to comply with any
recommendations/orders from county public health officials regarding limiting the number
of people in a public space or room. including but not limited to screening whether a
pcrson·s business with the Justice Court falls into court business and limiting the hours a
justice court is open to the public. If a justice eourt limits the hours it is open to the public.
notice of such limitations shall be posted on the Justice Cow1·s official website and at its
main entrance.
I
0. This order is in effect December 16. 2020 except as otherwise stated herein, and shall
remain in effect until modified/rescinded
hy the Travis County Justices of the Peace. The
time periods in this order may be extended in a subsequent order if required.
The undersigned Justice of the Peace has the necessary authority and authorization to sign this
order on behalf of the live Justices of the Peace in Travis County. All Justi<.:es of the Peace in
Travis County approve this order: Judges Yvonne Williams. Rnndall Slagle. Sylvia Holmes.
Ratti
Gonzalez. and Nicholas Chu.
Page :i of6
Signed on December 16, 2020 at 2:30 PM
r!CL
Judge Nicholas Chu
On behalf of the Justices of the Peace in Travis County, TX
Declaration under Penalty of Perjury for the Centers for Disease Comrol and Prevention 's
Temporary Halt in Evictions to Prevent Further Spread ofCOVID-19
(I page) and Verification of
Compliance with Sections 4023 and 4024 of the CARES Act and the CDC Issued Federal
Moratorium Order
(4 pages) sample documents are attached to this order
Page 6 of6
DECLARATION UNDER PE ALTY OF PERJURY FOR THE CENTERS FOR DISEASE CONTROL AND PREVENTION'S TEMPORARY
HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19
This declaration is for tenants, lessees, or residents of residential properties who are covered by the CDC's order temporarily halting
residential evictions (not including foreclosures on home mortgages) to prevent the further spread of COVID-19. Under the CDC's
order:
You must provide a copy of this declaration to your landlord, owner of the residential property where you live, or other
person who has a right to have you evicted or removed from where you live.
You must also provide a copy to the court if
a suit for eviction has been filed against you.
Each adult listed on the lease, rental agreement, or housing contract should complete this declaration.
Unless the CDC order is extended, changed, or ended, the order prevents you from being evicted or removed from where you are
living through December 31, 2020. You are still required to pay rent and follow all the other terms of your lease and rules of the place
where you live. You may also still be evicted for reasons other than not paying rent or making a housing payment.
This declaration is sworn testimony. meaning that you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit
important information.
I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the following are true and correct:
I have used best efforts to obtain all available government assistance for rent or housing;
I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a
joint tax return), was not required to report any income in 2019 to the I.R.S., or received an Economic Impact Payment
(stimulus check) pursuant to Section 2201 of the CARES Act;
I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of
compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
I am 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 nondiscretionary expenses;
If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence
shared by other people who live in close quarters because I have no other available housing options.
I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under
my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or
making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or
collected.
I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may
require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me
subject to eviction pursuant to State and local laws. I understand that any false or misleading statements or omissions may
result in criminal and civil actions for fines, penalties, damages, or imprisonment.
Signature of Declarant
Date
Print Full Name of Declarant
Full Address of Property
"Available government assistance" means any governmental rental or housing payment benefits available to the individual or any household member
An "extraordinary" medical expense is any unreimbursed medical expense likely to exceed 7.5% of one's adjusted gross inrnme for the year.
"Available housing" means any available, unoccupied residential property, or other space for occupancy in any seasonal or temporary housing, that
would not violate Federal, State, or local occupancy standards and that would not result in an overall increase of housing cost to you.
CERTIFICATEOF SERVICE
I certify that a copy of this document was provided to my landlord and/or to the owner of the property where I live via the following
method(s)
(check all that apply):
First Class Mail to: ________________________ Date: ___ _
_ Certified Mail, Return Receipt Requested to: ______________ _
CMRRR Number: __________ Date: ___ _
Email to: ___________________________ Date: ___ _
_ Fax to:( __ ) __ - Date: ___ _
_ Hand Delivery to:
(name) Date: ___ _
_ Other
(explain): Date: ___ _
CAUSE NO.
---------
§
JUSTICE OF THE PEACE
PLAINTIFF
§
§
V.
§ PRECINCTNO. __ _
§
§
DEFENDANT
§
TRAVIS COUNTY, TEXAS
VERIFICATON
or COMPUANCE WITH SECTIONS4023 AND 4024 Of THt CARE ACT ANDTHE DC ISSUED
FEDERAL EVICTION MORATORIUM ORDER
My name is: ___________________________________ _
First Middle last
I am (check011e) D thePlaintiff or D anauthorized a1:entofthe Plaintiff in the eviction case described at
the top of this page.
I am capable of making this affidavit. The facts stated in the affidavit are within my
personal knowledge and are true and correct.
1. Verification:
a. Plaintiff is seeking to recover possession of the following property:
Name of Apartment Complex (if any)
Street Address
& Unit No. (if any)
City
County State ZIP
b. I verify that this property (select the one that applies):
is
is not a "covered dwelling" as
defined by Section 4024(a)(l) of the CARES Act. The facts on which I base my conclusion are as follows:
(Please identify whether the property has a federally hacked mortga.<Je loan or federally hacked multifamily
mortgage loan, and
if not, which data/Jase or information you have used to determine that fact.)
(If the properly does not have a federally hacked mortgage
loan or federally hacked multifamily mor~qage loan,
please state whether or not:
{l) the property is a Low Income /lousing Tax Credit (l/HTC} property, (2) the
property is federally subsidized under any HUD program, or (3) the properly leases to persnns with Section 8
vouchers.)
c. I verify that plaintiff (select the one that applies):
a "multifamily borrower" currently under forbearance
is
under
is not
Section 4023 of the CARES Act.
d. I verify that plaintiff (select the one that applies):
has provided the defendant with 30 days' notice Lo vacate as required under
4024(c) and 4023(c) of the CARES Act.
has not provided the 30 days' notice, because the property is not a "covered
Section
dwelling."
Page 1 of 4
--------------------
e. I certify that the plaintiff:
has
has not
received a CDC Sworn Declaration from the tenant stating that they are
a "covered person" unde1· the CDC
issued Federal Eviction Moratorium Order.
Any landlord proceeding with a nonpayment eviction of a "covered
person" despite receiving a Declaration can be fined up to $100,000 under federal law.
2. Declaration or Notary: Complete only one of the two following sections:
a. Declaratjon:I declare under penalty of perjury that everything in this verification is true
and correct.
My name is:_______________________ _
Fir.fl
Middle
last
My birthdate is: __ / __ / __ _
Month Day Year
My address is:
Street Address & Unit No. (if any) City County St.ate ZIP
Signed on ___ / __ / ___ in ___________ County, Texas.
Month Day
Year
Your Signature
OR
b. Notary:I declare under penalty of perjury that everything in this verification is true and correct
Your Printed Name
Your Signature (sign only before a notary)
Sworn to and subscribed before me this ____ day of ______
~
20__ .
CLERK OF THE COURT
ORNOTARY
Plaintiff mus serve this ffidavit to all other parties (includine Defcndant(s)) in a cordance with TRCP
.5..0..Li.
CERTIFICATEOF SERVICE
I
certify that a copy of this document was provided to all other parties (including Defendant(s)) via the following
method(s)
(check all that apply):
First Class Mail to: _________________ Date: ___ _
_ Certified Mail, Return Receipt Requested to: _____________ _
CMRRR Number: _______________ Date: ___ _
Email to: Date: ___ _
_ ax
o: _____
)
_
Date: ___ _
F t (
_ Hand Delivery to: (name) Date: ___ _
_ Other (explain): Date: ___ _
Page 2 of 4
CARES Act
Public Law 116-136
SEC. 4023. FORBEARANC:E OF RESIDF.NTl/\1. MORTGAGE I.OAN l'/\VMENTS FOR MULTIFAMll,V l'HOPERTIES WITII l'EDERAU.V
BACKED LOANS.
(,1) I~ GEN I·. 1: ,1 I. .-Du1 ing llw cnvcn•d pe1 i11d, .i 111ullif,1111ily nrnng;ig,~ 10"11hun m1·,•1 ll'ilh ,1 F,•d,•rally h,11 lwd 11111ILif,1111ily
t•XpPriencmg a financial hardship dtll\ dirertly or indin•c1l.1·.
Lo Lhi• COVID-1 '' 1•111ergencv n1.1y n•qtll•sl ,1 forlw;11",111r,• 11ndl'r tlw terms \1•1
forth in lhis scdion.
(h) H1 11111 s·1 Foil RE 1.11: I.-/\ mullifamily horr11wt•r with a Feder;1lly hacked 11111lufamily 1w,ngagc• lu,111 that 11 .1s c11rrl!11l 1111 ils
pay11wrHs as of Fchr11.1ry
l, 2020, may s11b11111 s11hsP1 lio:1 [a) lo lhl' ho1Tow1•r's st•n•11·,•
1
;111oral or wrill<!ll rcq11Psl for fo1 lwara111:c 1111<h•r
affirmi11g that till' n111ltif,1mily hnrrow,·r is t•xperienring
a fi11,1nrial hardship dunng lht• COVIIJ-1 'I ,•111t•1-gi•ncv.
(c) Fo1rnE1\l!,\r.:t:E
PEIUOll,- .
f 1) IN c;r,:NEl{/\1..-IJpon ren•rpl of an oral or wrilt,•11 rl'q11,•s1 lor forhl',1r,111n•Irum ,1 11111llilamily ho1T<1w1~r.;r servicer shall-
(/\) docunw11l the tin;111ri,1l hardship:
(Bl provide tlw forbearance lor lo :rndays: a11d
(Cl extend the forht•.trc111ce for up lo l ,1tldilional :rnday period, upon tlw niquesl 111th,• hnrn>w1•r providt•d that, tht• hor ro1wr\
rt•qul'.~I for an ext,·nsiun is madL• during the rnverl'd 1wrint.l, and,
,ll lc,1sl IS day, prinr In tlw ,•rul 111 till' lorlw,1r;111u• 1wriocl descrih,•d 11nd,•r
suhp,1r.igr;1ph
IB).
(2) RIG\ IT TO DISCONTINUE.-A muhil'amily hnrrmVL"r shall hav1• the oplit111 lo disrnnlinue
till' l11rhe.rr.111n•al nny linw.
ld I REl\ Tl:I< l'IWTEt:l JO I\' s D11 ll r r,;,; Fn IH!L\ I<,,r,;.:E I' ri;1 ,111.-J\ multifamily lwrrowL·r rh,H rl'rl!iv,•s a forlwarance 1111d1•rthis Sl'l'ti<111
111;1ynot, for till' tlur,llron
orthe fnrht•aranct•-
( 1) evict or initiate the ,•virlion of a tenant
frnm a dwelling uni I I01·;it('d in or nn the applirahll• properly sull'IV for nonp.1ymt•n1 ol 1 ,•nl
or other 1,•es or chJrgl's; or
(2) charge any late fees, pen,1llies, or nlher chargt•s In a ten,111t clcscrihl'd in par,1graph ( l) fur l,111•p,1ymcn1 nrrent.
(cj N 11T1
i: I .-/\ multil'arnily hurn,wcr lhal rt•ceives a lorhearan,·,• under this section-
( I) may not require
a tl'11,111lto v.ic.ill' ,1 dwelling unit lur,lll'd in or on the applir,1hlt• propPrtv lwfon· tlrl' dale that rs :rnd,,_\'\ ;1fler rill'
dale on which the horro\wr provides the te11.111twith a n111ice tu v,H·,1tc: and
(2) may not issue a notice to va1 ,lit• under par,1graph ( l) lllllil allt•r the e.,111r.1tion nl lhr• tnrhe;1r,111n·.
(I) Dl·TI NITIOl\'~.-ln this section:
( 1) /\1'1'I.IC/\BLE l'IWPERTY.-Tht> IL•rm "applirahl1• property", with re~perl to a Ft•d1•1-.1llyh,11·k1•dmull il.imily mongagi: loan, 111L•;111s
the rL"sidential multifamily property against wh1rh lhc morlgagP loan is s,•nrrcd hy a lien.
(l) FEDF.R/\1.1.Y BACKl·:D MlJI.TIFAMII.Y MOlff(;,\(.E 1.0/\N.-The 1,•rn1 "federally i11cl11d1•sb,1rked 11111\tilamily 111urtg;rgl' 111,111" ,my
lnan (other than tcrnpor;ir_v fina11rn1g such a~ a rn11stru1 lion loan) that-
(/\) is sernn·d hy c1 lirst or sulwrdin,llc lien on r<'sidcnlial mulliLunily real prope1·ty desig1wd p1 inrip.illy for llw n,rup,11u·y ol:, or
more farnilil•s, induding any such secured lo.111,the 1non•,•ds ol which
;u-1• usl'd lo prepay or pay ull':111 exi,ling 10;111sen1n•d hy th1• s;1111e
property:
amt
(ll) is made in whole or in part, or i11s11rccl,guManlced, supplemented, or assisted in ,lnV way, hy anv omccr '"' agency of tlw Feder.ii
1;overn111ent or 1111dL•ror in co1111eclio11 with
a housing or urban dl'v1•lop1111•n1program adminislcn•d hy till' s,,.:rl'tary ol !lousing and IJrhan
l)evt•lnpmcnl or a housing or rclatL•d program .1dmi11istercd
hy any olh<'r such officer or ag,•ncy. nr is p11n:hased or securilizl'd by tlw
Federal llome Loan Murtg.ige Curpor.1lio11 or the Fcclrral National Morlg,1gt• /\ssol'i,llion.
(]) MIJI.TIFAMII.Y llOHROWER.-tlll' borrower" me.111s a horrow,•r ol .1 n•sicl,•ntial 11111ng,1ge hyli•rm "111ul1if.1111ily loan th,H is s,•rnred
,1 lien ,1gains1 ,1 properly comprising:, or more 1hwlling units.
( 4) COVll)-1 'J EMEllGENCY.-Tlw lt•rm "COVIil- l <J1:merg,•11cy" 1111•,rns the n,llional 1•11w1g,•111·yrn111·c•rning th,· novel rnronaviru,
disc.1se
lCOVIi)- i <)) outbreak dcdarcd by till' l'residcnl 011 Marrh I], 2020 under thr N,11ional Enwrg,•ncies Act (SO U.S.C. 1601 l'I st•q.).
(S) COVERED PEIW >D.-The term "covered perincl" nw;111s the pPriod lwgin111ng
011 tlw date ol 1•11.1rtmcr11 nf I his Act and t•11d111gnn the
sooner
of-
(A) the termination date of the national emergency concerning the novel coronavirus disease (COVID-19) outbreak declared by the
President on March 13, ZOZO under the National Emergencies Act (SO U.S.C. 1601 et seq.); or
(ll) l)pcemlwr :{I. :rn:w.
Page 3 of 4
Sec. 4024 TEMPORARY MORATORIUM ON EVICTION MLINGS,
(a) flEFINITIONS.-ln this st•ction:
(1) COVEHED DWELLING.- '!'he term "covcrt•d dw,•lling" mt•,111sa dwelling that-
(A) is ocnipicd hy ;i tcnant-
(i) pursuant to
a residential lease; or
(ii) without
a le,1sc or with a le.1se terminable under St.1tc law; ,111d
(BJ is on or in a coven•d property.
(2) COVERED l'ROPERTY.-The term "covered properly" means any propert-y th,lt-
(A) participates in-
(i) a rnvered housing program (as defined in .~ection 4 I 4 I l
(a) of the Violent·e Against
Women Act of 1994
(:H U.S.<:.12491(.1))); or
(ii) the rural housing voucher progr,1111 undl'I' section '>42ol the Housing Act ol l 94
1
J (42 IJ.S.C. 14CJOr); or
(B) has a-
(i) Federally hacked mortgage loan; or (ii) Federally hacked multif.1111ily mnrlgage loan.
(3) DWELUNG.-The ll'rm "dwclling"-
(A) has the nwaning given the term in section 1!02 of the Fair llousing J\L'l(42 ll.S.C:.
:{b02); and (B) includes houses and dwellings
descrihed in section 1!03(h) of such
Art (42 ll.S.C. ]60](hl).
(4) FEl>ERALLY BACKE[) MORTGAGE LOAN.-The term "Federally hacked 111ortg,1ge loan" includes any loan (other than temporary
financing such as a construclion loan) that -
(AJ rs secured hy a first or suhordinate lien 011 residential real property (including individual units of rnndoniiniums and
cooper;itives) designed prindpally for the occupancy of from l lo 4 families, including any surh securc•d loan, the pron,eds of
which arc used
to prepay or pay off an existing loan secured hy the same property; and
(B) is 111aclein whole or in part, or insured, guaranteed, supplem,•nted, or assisted in any way hy ,my offirL•r or agency nf the Fed Prill
(;ovcrnment or under or in rnnnection with a housing or urhan clevclopment program administered hy the Sccr<•tary ol
llousing and Urhan Devl•lopment or a housing or rl'latcd program ad111i11isl1?redhy any other such officer or agc11cy, or is
purchased or securilized hy the Feder.ii Home Loa11 Mortgage Corporation or the Federal National Mortgage Association.
(5) FEflERALLY BACKED MULTIFAMILY MORTGAGE I.OAN.-Tlw term "Federally hackl'd rnullil,unily mortgagl' loan" includes any
loan (other than temporary financing such as a construction loan) that-
(A) is serured hy a first or suhordinate li1•n
011 residential multifamily real properly desig1lt'd principally 1"01 the ocrnpanc.:y of S nr
more fr11nilies, including any such secured loan, the proceeds of which arc used to prepay or pay olf an existing loan secured by
the same property; ;111d
(B) is made in whole or in part, or insured, guaranleed, sL1ppk-111enlecl,or assisted in any way, by any officer nr agency nf the
Federal Government or under or in connection with a housing or urh,1n development progr,1111 .1dministercd hy the Secretary of
llousing and llrhan l)c-velopmcnt nr a housing or related program ,1d111inistered hy any other such offin•r or agency, or is
purchased or sc-nrritized hy the Feder,111/ome l,oan Mor'lg,1ge Corporation or th,• Federal National Mortgage Assodation.
(b) MORATORIUM.-During the 120-day period beginning on the date of enactment of this Act, the lessor ora covered dwelling may not-
(1) make, or cause to be made, any filing with the court of jurisdiction lo initiate a legal action to recover possession of the covered
dwelling from the tenant for nonpayment of rent or other fees or charges; or
(2) charge foes, penalties, or other charges to the tenant related to such nonpayment of rent.
(c) NOTICE.-The lessor of a covered dwelling unit-
( 1) may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the lessor
provides the tenant with a notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the period described in subsection (b).
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
fu.t~
Dana DeBeauvoir, County Clerk
Page 4 of 4
Travis County, Texas
2020246975
Dec 18, 2020 09:51 AM
Fee: $0.00 MACEDOS