Articles — CDC Eviction Moratorium

As we close out the first month of 2021, I hope your new year has gotten off to a good start. We’ve had some new developments in the rental industry, so here’s your update on where things stand: CDC Eviction Moratorium Likely to Be Extended  In my last update, I noted that it was almost certain that President Biden would seek to extend the moratorium beyond January 31. On his first day in office, he signed an Executive Order asking the CDC to extend their Eviction Moratorium through March 31, 2021, and they have agreed to do so.  He has...

Hey gang. Hope you’re doing well as we close out 2020 and start our new year. I wanted to give an update on where things stand right now.  New COVID-Relief Package  As most of you know, Congress passed and the President ultimately signed a new relief package. While the details of individual payments are still a bit fluid, here’s what we know about the rental issues in the package:  The Bad News - The CDC Eviction Moratorium has been extended through January 31, 2021. This means that any eviction cases that were continued from 2020 into January 2021 will likely...

In my last update I talked about how to deal with tenants who come to you with partial payments. If you didn’t see that post, click here to check it out. Today I’m here to talk about some recent guidance from the CDC about their eviction moratorium, as it gives us a little more clarity on how things may be done. A joint group consisting of the CDC, the Department of Health & Human Services, HUD, and the Department of Justice issued a response to Frequently Asked Questions about the CDC Temporary Eviction Moratorium. I saw no surprises in their positions,...

In my last update I talked about the new procedures in eviction courts throughout the state when the case is based on the tenant’s failure to pay rent. On the first court appearance, if the tenant fails to appear, you will be granted a judgment. If the tenant appears, the judge will advise both parties of the state and local rental assistance options and of the CDC Declaration Form and will reschedule the matter for two weeks. If the tenant signs the CDC Declaration Form, the matter is being rescheduled for January. If the tenant fails to sign the CDC...

We have four agenda items today: New eviction court procedures that took effect on Monday.  How judges are handling signed CDC forms.  Frequently Asked Questions  Lawsuit Challenging the CDC regulation.  New Eviction Court Procedures On Monday, September 21, the recent Kentucky Supreme Court order on eviction procedures in nonpayment cases took effect. Remember, this only applies to cases where the only basis for the eviction is nonpayment of rent. Evictions for other reasons are being handled in the usual manner. But, for nonpayment cases, here’s how the process is actually playing out: On the first court appearance, if the tenant fails...