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

 

Information contained in this article is for informational purposes only and should not be considered legal advice.
You should always contact an attorney for legal advice and not rely on information published here