Landlord & Tenant

Under the CARES Act, passed in spring, the federal government imposed a 120-day moratorium on evictions for failure to pay rent for properties supported by federally-backed mortgages. This moratorium expired on July 24, 2020.  With the pandemic continuing, the President issued an executive order on August 8, 2020, directing various executive branches to consider solutions to evictions, in light of the ongoing pandemic environment. Following up on the guidance of the executive order, the Centers for Disease Control and
Continue Reading CDC Issues Far-Reaching Temporary Eviction Moratorium

On September 1, 2020 the Centers for Disease Control implemented a nationwide moratorium on residential evictions until December 31, 2020 (“CDC Eviction Moratorium“). Under the Moratorium, Landlords are prohibited from taking any action to evict a residential tenant for non-payment of rent. While the order does not extinguish a tenant’s responsibility to pay rent, it does provide tenants with the ability to avoid eviction while arranging payment. Additionally, the moratorium does not stop eviction for other reasons
Continue Reading CDC Eviction Moratorium: What it Means for Residential Landlords & Tenants

Yesterday, the Trump administration announced an order temporarily halting certain residential evictions until the end of the year. The eviction moratorium, which is being enacted by the Centers for Disease Control and Prevention pursuant to its authority under Section 361 of the Public Health Service Act (42 U.S.C. § 264 et seq.), seeks to prevent the further spread of COVID-19. The nationwide moratorium could apply to as many as 40 million residential tenants.

Despite its reach, the moratorium is
Continue Reading Trump Administration Halts Residential Evictions Until December 31, 2020

On September 1, 2020, the Centers for Disease Control and Prevention released a yet-to-be published Emergency Order (Order) prohibiting residential evictions.  The Order will take effect on its legal publication date (expected to be Friday, September 4, 2020) through December 31, 2020.  Specifically, the Order prohibits any action by a landlord or similar owner of residential property or other person with a legal right to pursue the remedy of eviction or possessory action, or to remove or cause to
Continue Reading Trump Administration Wades into Residential Real Estate Evictions with Moratorium

At the outset of the pandemic, the CARES Act imposed a 120-day moratorium on certain residential evictions.  When that moratorium lapsed on July 24, 2020, and while the pandemic continued in full swing, many looked to the federal government to enact further protections against evictions. On August 8, 2020, President Trump issued an executive order concerning residential evictions.

Unlike the CARES Act, the executive order does not extend or impose a federal moratorium on evictions. Instead, the order directs
Continue Reading Executive Order on Evictions has Limited Immediate Effect

In late March, the federal government enacted the CARES Act (“Coronavirus Aid, Relief, and Economic Security Act”), which imposed a temporary moratorium on evictions for non-payment of rent for certain types of properties. The properties affected are those that participate in a covered housing program (as defined by section 41411(a) of the Violence Against Women Act of 1994 or the rural housing voucher program under section 542 of the Housing Act of 1949) or have a federally backed mortgage
Continue Reading Caution: 30 Day Eviction Notices Required Following End of CARES Act Eviction Moratorium

We have all heard reports that say residential rental evictions surged due to the Wisconsin eviction moratorium expiration in May.  When you look at a small time period (like the number of evictions that were filed after a 2+ month moratorium) you can always find numbers that will support your narrative. However, the real numbers show a 30% decline for the first six months of 2020 versus 2019. How can this be true, you ask? Listen to this podcast
Continue Reading Residential Rental Evictions Down 30% Statewide