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Landlords Infectious Diseases

Burr & Forman

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

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Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...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

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

Holland & Knight LLP

GSA and the VA Update COVID-19 Vaccination Requirements, Timelines and Testing Rules

Holland & Knight LLP on

Over the past few weeks, landlords leasing space to the General Services Administration (GSA) have begun to receive notices of requirements that all personnel operating in GSA space certify as to whether or not they have been...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 - There Was No 'Gap' in the Lease Language: COVID Is Not a Casualty

On June 29, 2021, in The Gap, Inc. v. 170 Broadway Retail Owner, LLC, the New York Appellate Division, First Department, overturned an earlier decision by the New York Supreme Court and issued a decisive victory to commercial...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

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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

Farrell Fritz, P.C.

First Step in Successfully Fending off a Yellowstone Application: Be Sure To Give Valid Notice of Default

Farrell Fritz, P.C. on

Several weeks back, we reported on an apparent uptick in commercial lease disputes over the last 18 months in this new COVID era.  It only follows that there would be a corresponding uptick in Yellowstone applications from...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...

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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

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

Burr & Forman

District of D.C. Vacates CDC Eviction Moratorium

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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

Hogan Lovells

UK COVID-19: “Breathing Space” – giving residential tenants extra time to pay rent arrears

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The government has introduced the Debt Respite Scheme (Breathing Space), which came into effect on 4 May 2021, which allows individuals who are struggling with debt to apply for a “breathing space” in which to sort out their...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

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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

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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

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