News & Analysis as of

Financial Distress Rent

Tarter Krinsky & Drogin LLP

New York City’s “Guaranty Law” is Held to be Unconstitutional and Unenforceable

In a highly-anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York ruled on March 31, 2023, in Melendez v. City of New York, that New York City's Guaranty Law is...more

Buchalter

A Coda to the Covid Pandemic: Do Local and State Closure Laws Provide Cover for Tenant Nonpayment of Rent?

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In what may turn out to be a lesson on the limits of the application of equitable doctrines supporting rent relief in the face of good lease drafting, a California court of appeal panel in San Diego has taken a narrow view on...more

Shutts & Bowen LLP

Can a Landlord Obtain Funds Deposited by Tenant in the Court’s Registry?

Shutts & Bowen LLP on

A recent court case (Exclusive Motoring Worldwide, Inc. v. Soral Investments, Inc., 2022 WL 5237093 (Fla. 3d DCA 2022)) serves as a good reminder that a landlord may only be able to obtain funds deposited into the court’s...more

Stikeman Elliott LLP

Canada Introduces New Pandemic Support for Commercial Tenants, Focusing on Tourism, Hospitality and Other Hard-Hit Businesses

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On December 17, 2021, Bill C-2, federal legislation that creates two new rent support programs, became law. As their names suggest, the Tourism and Hospitality Recovery Program (THRP) and the Hardest-Hit Business Recovery...more

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

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

Buchalter

Buchalter COVID-19 Client Alert: San Francisco Provides New Evidentiary Presumption in Continued Push to Provide Rent Relief to...

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Following the passage of its commercial eviction moratorium for certain qualified tenants in December 2020, the San Francisco Board of Supervisors, on August 4, 2021, provided additional assistance to the same class of...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

Best Best & Krieger LLP

AB 832: California Eviction Protections

COVID-19 Rental Housing Recovery Act - In a continued effort to address what is expected to be an overwhelming number of residential evictions resulting from the COVID-19 pandemic and associated business closures,...more

Kelley Drye & Warren LLP

The CDC Will Extend its Eviction Moratorium through the End of June, Despite Mixed Reception in the Federal Courts

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

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24A - Further Blow to the Landlords? The Virgin Active Case and the New Restructuring Plan...

It’s not news that the COVID-19 pandemic has exacerbated losses in sectors that are reliant on footfall − namely, the retail and leisure industry. Prior to the pandemic, the general weakness in the “bricks and mortar” retail...more

Lowndes

Federal Judge Rules CDC Eviction Moratorium Unconstitutional

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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

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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

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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

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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

Lowndes

CDC Moratorium on Residential Evictions Continues but Not Without Exception

Lowndes on

On March 28, 2021, the United States Centers for Disease Control and Prevention (CDC) extended its nationwide moratorium on residential evictions, prohibiting the eviction of residential tenants who qualify under the CDC’s...more

Bricker Graydon LLP

Ohio federal judge rules against CDC’s eviction moratorium

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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

Dentons

Iowa Supreme Court Issues Supervisory Order Regarding CDC Eviction Order

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As discussed in our January blog post, Congress extended the September 4 CDC Order, which temporarily halts certain residential nonpayment evictions, through March 31, 2021. As anticipated, on March 11 the Iowa Supreme Court...more

Stoel Rives LLP

COVID-19 Update: Stoel Rives Updated Guide to Washington State Eviction Moratoria and Tenant Protections - March 2021

Stoel Rives LLP on

March 11, 2021 Update - As the pandemic extends into 2021, COVID-related emergency eviction moratoria that were rolled out by a variety of jurisdictions in March of 2020 continue to be updated and refined in response to...more

Tucker Arensberg, P.C.

Eviction Moratorium - Landlords Remain Locked Out (for now)

As the COVID summer of 2020 drew to a close, the Centers for Disease Control issued a nationwide moratorium on evicting tenants from residential properties, in an effort to promote public health and stem the tide of the...more

Schwabe, Williamson & Wyatt PC

Oregon Commercial Rent Relief Program

From the inception of the COVID-19 pandemic, Oregon has sought to avoid a tsunami of evictions of both residential and commercial tenants. The tool employed most frequently is to suspend tenants’ obligation to pay rent. This...more

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