Q: You previously wrote about challenging a CDC declaration signed by a resident. What does that process entail?
A: To challenge a CDC declaration, an owner has to show that there are false statements in the declaration signed by the tenant. There are 5 factors that are in the CDC declaration, but there are only two that generally can be challenged: (1) that they are not making partial payments to the best of their ability and/or (2) that they are not seeking rental assistance. To challenge a declaration, the owner has to file a motion and have a hearing. We suggest owners create a paper trail showing that they tried to get a payment plan with the resident, and asking the resident for information regarding: their employment; their other bills; and any steps that they have taken to get rental assistance. Remember, burden to challenge a declaration is on the owner/managers so they must act affirmatively to work with their residents.
by Mark B. Zinman, Attorney
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