Articles — eviction notice

The Supreme Court Ends the CDC Eviction Moratorium

Posted by Stephen Marshall on

The Supreme Court Ends the CDC Eviction Moratorium

THE US SUPREME COURT STRIKES DOWN THE CDC EVICTION MORATORIUM  In late July, I told you that the CDC eviction moratorium was set to expire on July 31 unless Congress renewed it. And it did expire. For three days. On August 3, the CDC issued a new moratorium that they claimed was “targeted” and “limited”, even though it still applied to 90% of tenants. But yesterday, almost one year after the CDC instituted its eviction moratorium, the United States Supreme Court, the highest court in the land, effectively struck it down. To read the Supreme Court’s opinion, click here.  THE...

Read more →

The CDC Eviction Moratorium is Expiring

Posted by Stephen Marshall on

The CDC Eviction Moratorium is Expiring

The President announced today that the CDC will allow its eviction moratorium to expire, due largely to the court rulings that they have no statutory authority for the moratorium. Still, the President called on Congress to take action to extend the moratorium further. There's a lot that we don't know about how things will play out. Check out the video to find out where things stand right now on evictions, rental assistance, and notices to give for non-payment of rent. One thing I forgot to include in the video is that the National Apartment Association is filing a lawsuit against...

Read more →

New HUD Guidance on CARES Act Notices

Posted by Stephen Marshall on

New HUD Guidance on CARES Act Notices

THE CARES ACT - RESURRECTED?  In my March 1 update, I told you about a new rule issued by the Kentucky Supreme Court that allowed evictions throughout the state to move forward as of April 1 without regard to the CARES Act. Verification Forms are no longer required and the Court made no mention of issuing 30-day notices at CARES Act properties.   Based on that development, my advice was that CARES Act properties no longer have to issue 30-day notices in Kentucky. However, HUD has apparently gotten wind that numerous states are doing away with the 30-day notice requirement, so...

Read more →

A New Consumer Protection Rule on Evictions

Posted by Stephen Marshall on

A New Consumer Protection Rule on Evictions

I just have a brief update today, but potentially an important one. The Bureau of Consumer Financial Protection has issued a new rule that puts a new obligation on landlords, attorneys, and collection agencies seeking to evict or collect debts from tenants. The rule amends the Fair Debt Collection Practices Act, which applies to “debt collectors”. You can read the new rule and all the commentary on it here and can find a fact sheet on it here. DEFINITIONS OF “DEBT” AND “DEBT COLLECTOR” Under the FDCPA, “debt” is defined as “any obligation or alleged obligation of a consumer to pay...

Read more →