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On September 2, 2021, New York Governor Kathy Hochul signed into law a new moratorium on evictions and foreclosures for residential tenants and small businesses. Recently, in the case Chrysafis v. Marks, the U.S. Supreme...more
The San Francisco Board of Supervisors continues to pursue options for COVID-19 tenant protections, in anticipation of the September 30, 2021 expiration of State protections of residential tenants from eviction for...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
On May 5, 2021, New York Governor Andrew Cuomo signed a bill that extends the moratorium on evictions and foreclosures for residential tenants and small businesses to August 31, 2021. The previous moratorium expired May 1,...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
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 February 25, 2021, the United States District Court in the Eastern District of Texas (“Texas Court”) granted summary judgment in favor of the plaintiffs in Lauren Terkel et al. v. Centers for Disease Control and Prevention...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
On February 27, 2021, the Centers for Disease Control and Prevention (the “CDC”), the United States Department of Health and Human Services (the “HHS”), and the United States of America (collectively the “Government”)...more
In December, New York Governor Andrew Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, which provided a moratorium on residential eviction and foreclosure proceedings until May 1, 2021....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
Since early March, all of Illinois has been under a gubernatorial disaster declaration; but while essential and non-essential business restrictions have waxed and waned per a variety of metrics, there has been an everlasting...more
On August 31, 2020 California Governor Gavin Newsom signed the “COVID-19 Tenant Relief Act of 2020” and the “COVID-19 Small Landlord and Homeowner Relief Act of 2020” (herein, together, the “Act”), which became effective...more
As discussed in previous updates, COVID-19 has brought the concept of force majeure to the forefront across multiple practice areas. As the pandemic-caused shutdowns began, scholars and businesses alike re-examined the...more
On September 4, the Centers for Disease Control (CDC) imposed a moratorium on residential foreclosures and evictions through the end of this year. The move quickly followed comments by the Trump administration that it would...more
Under a broad claim of authority, on September 4, 2020, the Centers for Disease Control and Prevention (“CDC”) issued an Order (85 FR 55292) to temporarily halt certain residential evictions effective immediately until...more
As we noted in our September 4, 2019 alert, in an effort to supplement the action by Federal, State, and local governments to combat the spread of COVID-19, the Centers for Disease Control and Prevention, located within the...more
The CDC's Order comes as other eviction moratoria and eviction protections provided at the federal, state, and local levels have expired or are set to expire. For example, the eviction moratorium provided by the Coronavirus...more
Following an Executive Order by President Trump on August 8, 2020, the Centers for Disease Control (CDC) filed a notice of an agency order on September 1, 2020, in the Federal Register entitled Temporary Halt in Residential...more