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The United States Supreme Court upheld the District Court’s judgment vacating the Centers for Disease Control and Prevention’s (CDC) second eviction moratorium that had prevented the eviction of any tenants who live in...more
In spring 2020, the CARES Act placed a partial moratorium on residential evictions across the country. The order prohibited residential landlords nationwide from evicting certain tenants. On Sept. 1, 2020, the Centers for...more
Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time. 1.The State Order- On March 19, 2020, New Jersey Governor Philip Murphy issued...more
The COVID-19 pandemic has fueled fears about mounting evictions, prompting the federal government, as well as many states, cities, and counties, to minimize the impact of the crisis on tenants, including by placing moratoria...more
LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time. The State Order On March 19, 2020, New Jersey Governor Philip Murphy issued...more
It has been over a year since the beginning of the COVID-19 pandemic and although many restrictions are beginning to lift, one that has not is the eviction moratorium. In August of 2020, (after the CARES Act eviction...more
In Washington: Senate Parliamentarian Elizabeth MacDonough has ruled that the Senate can only discharge one more automatic budget reconciliation this year, upending Democrat’s strategy to sidestep Republicans in advancing...more
CIERRES PATRONALES- ¿Puedo ser excluido de mi casa durante la emergencia COVID-19? No. Dos órdenes gubernamentales diferentes impiden los cierres patronales en este momento.- La Orden del Estado El 19 de marzo de...more
LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time...more
On May 5, 2021, the U.S. District Court for the District of Columbia struck down the Centers for Disease Control and Prevention's nationwide eviction moratorium. According to the court, the CDC exceeded the scope of its...more
A federal judge in Washington, D.C. has ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority in issuing a nationwide eviction moratorium aimed at protecting renters facing hardship in the...more
Late last week a federal district court judge for the District of Columbia held that the nationwide eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) went beyond the agency’s statutory...more
CIERRES PATRONALES- ¿Puedo ser excluido de mi casa durante la emergencia COVID-19? No. Dos órdenes gubernamentales diferentes impiden los cierres patronales en este momento. La Orden del Estado El 19 de marzo de...more
Earlier this year, the Eastern District of Texas invalidated — commerce clause grounds — the Centers for Disease Control and Prevention’s (CDC’s) ability to halt residential evictions during the COVID-19 pandemic....more
The Sixth Circuit Court of Appeals held earlier this week that the CDC is unlikely to prevail on the merits and therefore a ruling from the Western District of Tennessee holding that the federal eviction moratorium “is ultra...more
The Centers for Disease Control and Prevention’s (CDC’s) federal moratorium for residential evictions, which was set to expire on March 31st, was just extended through the end of June. A recent trend in federal cases may put...more
LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time. 1. The State Order- On March 19, 2020, New Jersey Governor Philip...more
CIERRES PATRONALES- ¿Puedo ser excluido de mi casa durante la emergencia COVID-19? No. Dos órdenes gubernamentales diferentes impiden los cierres patronales en este momento. 1. La Orden del Estado- El 19 de marzo...more
On March 10, 2021, Judge Philip Calabrese of the Northern District of Ohio ruled that Congress had not authorized the Centers for Disease Control and Prevention (CDC) to adopt a nationwide eviction moratorium for COVID-19....more
LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time. 1. The State Order- On March 19, 2020, New Jersey Governor Philip Murphy...more
In Terkel v. Centers for Disease Control and Prevention, No. 6:20-cv-00564 (E.D. Tex. Feb. 25, 2021) and Skyworks, Ltd. v. Centers for Disease Control and Prevention, No. 5:20-cv-2407 (N.D. Ohio Mar. 10, 2021), groups of...more
As discussed in our January blog post, Congress extended the September 4 CDC Order, which temporarily halts certain residential nonpayment evictions, through March 31, 2021. As anticipated, on March 11 the Iowa Supreme Court...more
Governments and municipalities have recognized that eviction and resulting homelessness is a public health concern, especially in the midst of a global pandemic when crowded homeless shelters pose a critical threat to...more
Landlords in the state of Texas won a battle over their ability to conduct residential evictions when a federal court struck down the Centers for Disease Control’s (CDC) broad eviction moratorium last Thursday. On February...more
A federal court in Texas has ruled that the federal government has no constitutional power to prohibit real estate foreclosures and evictions pursuant to coronavirus legislation and regulation, calling into question whether...more