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Eviction Infectious Diseases Financial Distress

Cadwalader, Wickersham & Taft LLP

Bring On Q4 - September 2021 - COVID-19 Update: New York Governor Signs New Moratorium Effective until January 15, 2022

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

Coblentz Patch Duffy & Bass

SF Board of Supervisors Pursues COVID-19 Residential Tenant Protections, Adapting to State Law Changes

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

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: New York Governor Signs New Moratorium Effective until January 2022

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

Gray Reed

The CDC’s New Eviction Moratorium Extends the Uncertainty for Landlords and Tenants

Gray Reed on

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

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: CDC Issues New Eviction Moratorium while U.S. Supreme Court Grants Injunction against Enforcing the Eviction...

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

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Governor Cuomo Extends Eviction and Foreclosure Moratorium until...

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

Lowndes

Federal Judge Rules CDC Eviction Moratorium Unconstitutional

Lowndes on

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

Akerman LLP

CFPB and FTC Put Landlords On Notice Regarding Tenants' Pandemic Protections

Akerman LLP on

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

Akerman LLP

Federal Judge Strikes Down CDC's Eviction Moratorium

Akerman LLP on

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

Rumberger | Kirk

Alabama Association of Realtors Prevails: Another Court Rules CDC Rule Prohibiting Evictions is Invalid and Unenforceable

Rumberger | Kirk on

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

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Governor Cuomo Extends Eviction and Foreclosure Moratorium until August 31

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

Gray Reed

CDC’s Eviction Moratorium: Legal Limbo for Landlords and Tenants

Gray Reed on

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

Cadwalader, Wickersham & Taft LLP

Springing Forward, March 2021 | Issue No. 22 - COVID-19 Update: Federal Eviction Moratorium Struck Down

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

Bricker Graydon LLP

Ohio federal judge rules against CDC’s eviction moratorium

Bricker Graydon LLP on

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

Bilzin Sumberg

Department of Justice Appeals Federal Court’s Decision on Constitutionality of COVID-19 Eviction Moratorium

Bilzin Sumberg on

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

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Governor Cuomo Extends Eviction Protections for Small Businesses That Demonstrate a Financial Hardship

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

Rumberger | Kirk

Texas Federal Court Ruled Federal Government Has No Constitutional Power Over Foreclosures and Evictions

Rumberger | Kirk on

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

Akerman LLP

Illinois Provides Additional COVID Protections Against Residential Evictions

Akerman LLP on

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

Polsinelli

Changes to State of California COVID-19 Tenant Relief Act of 2020

Polsinelli on

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

Seyfarth Shaw LLP

Latest Decisions on Force Majeure in the COVID-19 Context

Seyfarth Shaw LLP on

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

Bilzin Sumberg

Legal Challenges Greet New Moratorium on Residential Evictions, Foreclosures

Bilzin Sumberg on

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

Shumaker, Loop & Kendrick, LLP

Client Alert: The CDC Eviction Order: What Does it Mean for Landlords?

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

Womble Bond Dickinson

CDC Eviction Moratorium

Womble Bond Dickinson on

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

Ward and Smith, P.A.

CDC Enacts New Residential Eviction Moratorium

Ward and Smith, P.A. on

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

Ballard Spahr LLP

Q&A: How the CDC’s Temporary Eviction Halt Affects Landlords

Ballard Spahr LLP on

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

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