Articles

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...

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...

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...

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...

  There’s been a lot that has happened since my last update, so let’s get right to it. BURYING THE CARES ACT First, I wanted to give a quick reminder that starting on April 1 the Kentucky Supreme Court is allowing evictions to proceed without regard to the CARES Act. That means two things: You no longer need to file a Verification of Compliance form with your eviction; and You may resume giving your usual notice to pay or vacate. For those of you in URLTA areas, you’d give a seven-day notice to pay or vacate unless your lease requires...