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In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their...more
Effective November 1, 2021 the Emergency Order that extended the CDC Eviction Moratorium in Allegheny County expired. The Emergency Order was in place since July, and impacted only residential landlord tenant actions in which...more
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
A mere three weeks after the application to vacate stay was filed, the United States Supreme Court has effectively ended the year-long row over the lawfulness of the federal Centers for Disease Control’s nationwide eviction...more
During a special session held on September 1, 2021, the New York State legislature passed a new law that extends the state’s moratorium on residential and commercial evictions and foreclosures until January 15, 2022. The...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 U.S. Supreme Court ruled last week that the Centers for Disease Control and Prevention (CDC) exceeded its authority when it imposed a national eviction moratorium. More precisely, in Alabama Association of Realtors v....more
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
The U.S. Supreme Court (SCOTUS) has again determined that the Centers for Disease Control and Prevention (CDC) lacks the authority to institute a nationwide prohibition of evictions under the guise of preventing the...more
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more
On August 26, 2021, the U.S. Supreme Court decided Alabama Ass’n of Realtors v. Department of Health and Human Services, holding that it strains credulity to read the statute on which the federal Centers for Disease Control...more
LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? Maybe. As explained below, New Jersey is winding down the state eviction moratorium, while expanding the state’s rent relief programs. The state...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 26th, the Supreme Court ended the nationwide eviction moratorium that began in September, 2020, and was set to expire on October 3, 2021. In an unsigned majority opinion, the Court ruled that the CDC exceeded its...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
On August 26, 2021, the Supreme Court issued a per curiam opinion blocking the U.S. Centers for Disease Control and Prevention’s (CDC) August 3, 2021 order (“New Order”), a last-ditch effort by the Biden administration to...more
Chief Justice John Roberts required the government to respond to Plaintiffs’ application to vacate (that is, remove) the stay on the District Court’s order which found the Centers for Disease Control and Prevention’s (CDC)...more
As I explained in greater detail here, on May 5, 2021, the United States District Court for the District of Columbia determined in Alabama Association of Realtors, et al. v. United States Department of Health and Human...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
A federal eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) that was scheduled to expire on July 31, 2021, has recently been extended, but faces some serious challenges and is causing...more
In This Issue. The Federal Deposit Insurance Corporation (FDIC) is seeking information and comment regarding the FDIC’s supervisory approach to examinations during the pandemic; the FDIC’s tech lab, FIDTECH, announced a “tech...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