The Federal Court set aside the CDC Order earlier this month. We were hoping that would mean an end to the Eviction Moratorium. However, late Friday the court decided to grant the Government’s request to stay their own order setting aside the CDC Order pending appeal. What does this mean? The CDC Order is still...
Author: Blythe Edmondson (Blythe Edmondson)
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Virtual Court continues post COVID in Arizona for Evictions
Through COVID all parties have been appearing virtually in eviction actions in Arizona. In Pima County this has been done through Zoom. The option to appear virtually has increased tenant participation and made it easier for witnesses and managers to attend hearings. This provides more information to the court at an initial hearing and can...
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Alabama Association of Realtors v. HHS
As many of you are aware (and I have mentioned in prior posts), the Federal Court has set aside the CDC Order and therefore the Federal Eviction Moratorium. The set aside of the Order has been stayed or stopped while the parties provide their argument to the Court explaining why Court’s order to set aside...
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CDC Order Set Aside
The US Federal Court for the District of Columbia has issued an order setting aside the CDC Order. Alabama Association of Relators v. US Dept of HHS While we anticipate the local Justice Court in Pima County will be slow to respond to this Order, we are hopeful when we present our argument to the...
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April 27th updates for Landlords
Justice Court Update: At the moment, only two of the Pima County Justices of the Peace will hear a motion challenging the CDC Declaration submitted by a tenant. While I disagree with their position and believe we are asking for a finding of fact and not declaratory relief as these Justices are arguing, this leaves...
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New Language Required on Notices to Tenants
The Consumer Financial Protection Bureau “CFPB” announced effective May 3, 2021 as part of the CDC Eviction Moratorium and the Fair Debt Collection Practices Act “FDCPA” that the additional disclosures must be made to tenants with any nonpayment of rent notice or notice to terminate tenancy. We have reviewed the language and believe the language...
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Pima County Rental Assistance Updates
The City of Tucson and Pima County Eviction Prevention Program is facing a backlog of over 5000 applications. As a result, the program anticipates a minimum of 2 to 3 months will be needed to distribute funds to the outstanding 5000 applicants on the waitlist before new applications can be processed. (The City and County...
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Pima County Board of Supervisors Provide Legal Assistance for Tenants
Tuesday the Pima County Board of Supervisors approved allotting and spending up to $2 million dollars of the federal rental assistance money allocated to Pima County (approximately $31 million) to provide legal counsel for tenants at risk of eviction due to unpaid rent or other material noncompliance of the lease agreement. While we understand the...
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Challenging a CDC Declaration
As time moves forward and the courts as well as those of us in the Property Management Industry become more familiar with the CDC Declaration often submitted by tenants the details of how to handle a challenge to this Declaration have become more clear. Attached below is a form we created in our office to...