News & Analysis as of

Landlords CARES Act

Rivkin Radler LLP

Courts Leave Landlords in the Lurch on Guaranty Law

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Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later,...more

Seyfarth Shaw LLP

Federal Court: New York City COVID-19 Guaranty Law Unconstitutional

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On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York issued her highly anticipated ruling in the latest iteration of Melendez et al v. The City of New York, et al. Judge Abrams granted...more

Husch Blackwell LLP

Retail Apocalypse Part II? What Trade Creditors and Landlords Can Do To Protect Themselves

Husch Blackwell LLP on

At the outset of the Covid-19 pandemic, some commentators were preparing for a mass extinction event in the retail industry, characterized by hundreds of brick-and-mortar store closings, massive job losses, and numerous...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - August 2021 #2

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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

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know - August 2021

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

Lowenstein Sandler LLP

Make The CARES Act Eviction Moratorium Fair To Landlords

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In spring 2020, the CARES Act placed a partial moratorium on residential evictions across the country. The order prohibited residential landlords nationwide from evicting certain tenants. On Sept. 1, 2020, the Centers for...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know - July 2021

Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time. 1.The State Order- On March 19, 2020, New Jersey Governor Philip Murphy issued...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

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know - June 2021

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LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time. The State Order On March 19, 2020, New Jersey Governor Philip Murphy issued...more

Smith Debnam Narron Drake Saintsing & Myers,...

Has the CDC Overstepped its Authority on Evictions?

It has been over a year since the beginning of the COVID-19 pandemic and although many restrictions are beginning to lift, one that has not is the eviction moratorium. In August of 2020, (after the CARES Act eviction...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know (Spanish) - May 2021

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CIERRES PATRONALES- ¿Puedo ser excluido de mi casa durante la emergencia COVID-19? No. Dos órdenes gubernamentales diferentes impiden los cierres patronales en este momento.- La Orden del Estado El 19 de marzo de...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know -May 2021

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LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time...more

Hinshaw & Culbertson - Consumer Crossroads

Federal Court Rules That CDC Exceeded its Authority with Nationwide Eviction Moratorium

On May 5, 2021, the U.S. District Court for the District of Columbia struck down the Centers for Disease Control and Prevention's nationwide eviction moratorium. According to the court, the CDC exceeded the scope of its...more

Bowditch & Dewey

The Impact of Recent Amendments to the United States Bankruptcy Code on Lenders

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On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain bankruptcy relief provisions that were enacted as part of the...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know (Spanish)- April 2021

Lowenstein Sandler LLP on

CIERRES PATRONALES- ¿Puedo ser excluido de mi casa durante la emergencia COVID-19? No. Dos órdenes gubernamentales diferentes impiden los cierres patronales en este momento. La Orden del Estado El 19 de marzo de...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know - April 2021

Lowenstein Sandler LLP on

LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time. 1.The State Order On March 19, 2020, New Jersey Governor Philip Murphy issued...more

Bradley Arant Boult Cummings LLP

Landlords Again Successfully Challenge the CDC’s Authority to Ban Residential Evictions

Earlier this year, the Eastern District of Texas invalidated — commerce clause grounds — the Centers for Disease Control and Prevention’s (CDC’s) ability to halt residential evictions during the COVID-19 pandemic....more

Manatt, Phelps & Phillips, LLP

Sixth Circuit Holds CDC’s Eviction Moratorium Likely Ultra Vires and Unenforceable

The Sixth Circuit Court of Appeals held earlier this week that the CDC is unlikely to prevail on the merits and therefore a ruling from the Western District of Tennessee holding that the federal eviction moratorium “is ultra...more

Miller Canfield

The Impact of the Bankruptcy Relief Act and Other Recent Bankruptcy Code Changes

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Bankruptcy law has seen many changes in 2020 and 2021. Some of these were enacted in response to COVID, but many other changes were included in the Bankruptcy Code before the pandemic. This article highlights some of these...more

Hahn Loeser & Parks LLP

Recent Federal Court Opinions Call Into Question The Legality Of The CDC's Federal Eviction Moratorium

The Centers for Disease Control and Prevention’s (CDC’s) federal moratorium for residential evictions, which was set to expire on March 31st, was just extended through the end of June. A recent trend in federal cases may put...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know - UPDATED March 2021 #2

LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time. 1. The State Order- On March 19, 2020, New Jersey Governor Philip...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know (Spanish) - March 2021

Lowenstein Sandler LLP on

CIERRES PATRONALES- ¿Puedo ser excluido de mi casa durante la emergencia COVID-19? No. Dos órdenes gubernamentales diferentes impiden los cierres patronales en este momento. 1. La Orden del Estado- El 19 de marzo...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

Bradley Arant Boult Cummings LLP

A Business Bankruptcy Overview: How Subchapter V, the CARES Act and the Consolidated Appropriations Act Have Expanded Relief for...

In February 2020, just prior to the COVID-19 outbreak, the Small Business Reorganization Act of 2019 (Subchapter V) took effect. Subchapter V amends Chapter 11 of the Bankruptcy Code to allow certain individuals and...more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need To Know - UPDATED March 2021

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LOCKOUTS- Can I be locked out of my home during the COVID-19 emergency? No. Two different government orders prevent lockouts at this time. 1. The State Order- On March 19, 2020, New Jersey Governor Philip Murphy...more

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