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LOCKOUTS - Can I be locked out of my home during the ongoing COVID-19 emergency? Maybe. Whether you can qualify for protection from eviction depends on your household income and your completion of a sworn...more
Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more
DESALOJOS RESIDENCIALES: LO QUE LOS INQUILINOS NECESITAN SABER- A partir del 30 de agosto de 2021- IMPEDIMENTO DE ACCESO- ¿Pueden impedirme el acceso a mi hogar durante la emergencia sanitaria por COVID-19?...more
The United States Supreme Court nullified a nationwide residential eviction moratorium that has been in place for nearly a year. Alabama Association of Realtors v. U.S. Department of Health and Human Services, 594 U.S. ----...more
Early in the pandemic, there was a patchwork of federal, state, and local eviction moratoriums, so not all rental housing was covered by a moratorium. On September 4, 2020, the CDC issued an order declaring a national...more
On August 26, 2021, the U.S. Supreme Court issued an order vacating the Centers for Disease Control and Prevention’s latest eviction moratorium. Earlier this month the CDC issued an order banning evictions of residential...more
The CDC Eviction Moratorium On August 3, 2021, the CDC issued an order (Order) extending the Moratorium through October 31, 2021. Even though the Moratorium doesn't state a goal of reducing economic hardship, the Order...more
The Center for Disease Control’s (CDC) Eviction Moratorium confirms President Reagan’s quip that a government program is the “nearest thing to eternal life we’ll ever see on this earth.” As explained in my prior post, the CDC...more
On August 3, 2021, the Centers for Disease Control and Prevention issued a new order banning residential evictions in counties where COVID-19 cases are quickly rising. The CDC’s prior order instituting an eviction moratorium...more
Eviction moratoria at both the state and federal levels are appearing increasingly vulnerable. On August 12, the U.S. Supreme Court partially enjoined New York’s eviction moratorium, concluding that the state’s...more
By now we have all heard about the eviction moratorium order (Order) that was issued by the Centers for Disease Control and Prevention (CDC) in September, 2020. We have also likely heard that the moratorium expired, and then...more
On June 29, 2021, the Supreme Court denied an application by a group of real estate agents and associations to lift the eviction moratorium issued by the Centers for Disease Control and Prevention (the “CDC”). Originally...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
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
On September 4, 2020, the CDC issued a broad order temporarily halting evictions nationwide, citing the COVID-19 pandemic as its basis. 85 Fed. Reg. 55,292 (Sept. 4, 2020). The CDC determined that such a moratorium was...more
On Wednesday, May 5, 2021, Judge Dabney Friedrich of the U.S. District Court for the District of Columbia ruled that the residential eviction moratorium was unlawful as it was beyond the authority of the United States Centers...more
On May 3, 2021, Consumer Financial Protection Bureau's (CFPB) Acting Director Dave Uejio and the Federal Trade Commission's (FTC) Acting Chairwoman Rebecca Slaughter sent notification letters to the country's largest...more
A federal judge for the District of Columbia issued a decision on May 5 striking down the Centers for Disease Control and Prevention's (CDC) nationwide eviction moratorium....more
A federal court in Washington, D.C. has become the latest in a growing group of courts to hold that a CDC rule prohibiting residential evictions is invalid and unenforceable in its May 5, 2021, order in Alabama Association of...more
While the District of Columbia federal court's order yesterday vacated the moratorium, HHS (the CDC is part of the family of agencies under the HHS, which was actually named as the Defendant) quickly filed an emergency motion...more
As more Americans get vaccinated and the infection rates continue to decline, there is increasing debate on whether the crisis has passed such that businesses can begin operating normally. One of the flashpoints is evictions...more
On April 19, 2021, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule intended to help residential tenants facing eviction for nonpayment of rent.1 2 This rule was issued under the CFPB’s authority...more
A national “eviction moratorium” issued by the Centers for Disease Control and Prevention (CDC) on September 4, 2020, initially was set to expire December 31, 2020, and subsequently was extended through January 31, 2021, and...more
Just two days before the nationwide eviction moratorium was set to expire on March 31st, the Biden administration re-extended it through June 30th. The extension allows tenants who continue to struggle financially during the...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