News & Analysis as of

Eviction Tenants Infectious Diseases

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

Patton Sullivan Brodehl LLP

Landlord’s Constitutional Challenge to Covid-19 Eviction Moratorium Fails

As the first federal court of appeals to address a challenge to the constitutionality of a COVID-19-related eviction moratorium under the Contracts Clause of the United States Constitution, the Ninth Circuit Court of Appeals...more

Seyfarth Shaw LLP

The CDC’s Nationwide COVID-19 Eviction Moratorium Has Been Put Down for the Count—Finally. So What Happens Next?

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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

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

Locke Lord LLP

New York State Senate Extends ‎Foreclosure and Eviction Moratorium from August 31, ‎‎2021 ‎until January 15, 2022‎

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In one of her first acts as Governor of New York, newly appointed Governor Kathy Hochul ‎called for a “Special” legislative session on September 1, 2021, to extend the moratorium on ‎foreclosure and eviction actions provided...more

Cadwalader, Wickersham & Taft LLP

See You in September August 2021: U.S. Supreme Court Holds That CDC Exceeded Its Authority in Issuing Eviction Moratorium

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

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 Reading July 2021 - COVID-19 Update: Supreme Court Denies Request to Lift CDC’s Eviction Moratorium

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

Burr & Forman

Biden Administration Announces Mortgage Relief as Foreclosure Moratorium Comes to an End

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In just a few days, on July 31, 2021, the national moratoriums on residential evictions and foreclosures are set to expire.  With this deadline fast approaching, the Biden administration announced a new mortgage relief plan...more

Burr & Forman

Supreme Court Leaves Eviction Moratorium in Place Pending Appeal in Alabama Association of Realtors v. U.S. Department of Health...

Burr & Forman on

On May 5, 2021, the United States District Court for the District of Columbia issued an opinion that the Centers for Disease Control and Prevention (“CDC”) exceeded its statutory authority by issuing and extending a...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Supreme Court Denies Request to Lift CDC’s Eviction Moratorium

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”). ...more

Burr & Forman

District of D.C. Vacates CDC Eviction Moratorium

Burr & Forman on

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

Eversheds Sutherland (US) LLP

Federal judge strikes down CDC’s national eviction moratorium

A Federal District Judge in the District of Columbia has vacated the CDC’s national residential eviction moratorium. While some other courts have also upheld challenges to the CDC’s moratorium, the rulings have typically been...more

Goodwin

CFPB Sends Notification Letters to Landlords Regarding COVID-19 Evictions

Goodwin on

On May 3, 2021, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) sent notification letters reminding the nation’s largest apartment landlords of federal protections in place to keep tenants...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Decision Striking Down CDC Federal Eviction Moratorium Temporarily Stayed

On May 5, 2021, the United States District Court for the District of Columbia (“DC Court”) vacated a nationwide eviction moratorium order issued by the Centers for Disease Control (“CDC”) to help mitigate the spread of...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

Akerman LLP

CFPB Acting Director Uejio and FTC Acting Chairwoman Slaughter Issue Joint Statement on Preventing Illegal Evictions

Akerman LLP on

On March 29, 2021, Consumer Financial Protection Bureau (CFPB) Acting Director Dave Uejio and Federal Trade Commission (FTC) Acting Chairwoman Rebecca Slaughter issued a joint statement regarding their agencies’ work to stop...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

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