Pushback Continues Against Ongoing Pandemic Related Eviction Moratorium

As the country continues to struggle with the ongoing Covid 19 pandemic lines are being drawn between a group of landlords and the CDC as related to the extension of the eviction moratorium.

In July of 2021 the Supreme Court chose not to rule on the eviction moratorium as it was set to expire on the 31st of July. The Biden administration indicated there would not be a further extension of the moratorium, (1) but realities change in a short amount of time.

As the CDC introduced the extended moratorium, one designed and focused on areas of the country that are greatly impacted by the virus, two landlord groups filed suit against the CDC.

From Yahoo.com on August 6, 2021:

Two landlord groups who are challenging the government’s latest eviction moratorium accused the Justice Department in a legal filing Friday evening of “gamesmanship” at the expense of property owners.

In a response in the U.S. District Court for the District of Columbia, the Alabama Association of Realtors and its Georgia counterpart reiterated their original argument that the new order halting evictions amounted to a “political maneuver” to extend an “unlawful” federal eviction moratorium. (2)

Adam Almeida, President and CEO of TenantScreeningUSA.com opines: “Ongoing legal action will certainly create greater confusion for landlords and tenants.”

The Justice Department’s response was immediate.

From MSN.com on August 6, 2021:

The Justice Department defended the Biden administration’s new eviction moratorium in a court filing Friday, citing the Centers for Disease Control and Prevention’s finding that “the deteriorating public health situation necessitated a new invocation of its authority — and responsibility — to protect public health.”

The latest moratorium applies to localities with “substantial” or “high” COVID-19 spread, which now encompasses most of the country. Legal challenges were virtually guaranteed after the Supreme Court ruled the Biden administration could not extend a previous moratorium that expired at the end of July. (3)

Adding fuel to the fire are the delays in getting relief money to renters and landlords. Congress voted to provide millions of dollars to those behind in payments as related to Covid 19 and yet very little of that money has reached intended recipients.

From CNBC.com on August 3, 2021:

Each state has its own program and process for disbursing the aid. However, tenants face an uphill battle when it comes to getting the relief, since they have to overcome multiple barriers,

says Caitlin Cedfeldt, staff attorney at Legal Aid of Nebraska. Cedfeldt represents tenants in eviction cases and helps them access financial assistance.

The most basic barrier, at least in Nebraska, is that many tenants often have no idea the assistance is even available, says Cedfeldt. “If they are aware, they might not know that they are eligible for it, especially if they have already received it once,” says Cedfeldt. (4)

Almeida concludes: “In difficult times such as these a best practice for landlords and/or property managers is to work with a well-qualified third-party tenant screening agency, such as TenantScreeningUSA.com, in order to remain compliant with law.”

TenantScreeningUSA.com provides full-service tenant screening for landlords and property managers of any size and can greatly assist in remaining fully compliant with all existing law governing tenant screening. With a highly trained and experienced staff, TenantScreeningUSA.com can provide help to landlords and property managers with all their tenant screening needs.

Notes:

(1) npr.org/2021/06/29/1003268497/the-supreme-court-leaves-the-cdcs-moratorium-on-evictions-in-place

(2) yahoo.com/justice-dept-defends-latest-eviction-145500396.html

(3) msn.com/en-us/news/us/justice-department-defends-new-eviction-moratorium-in-court/ar-AAN1kNO

(4) cnbc.com/2021/08/03/why-tenants-are-still-struggling-despite-46-billion-dollars-in-rental-relief.htm