Alabama Association of Realtors challenging most recent extension of the CDC Eviction Moratorium

The Plaintiff in Alabama Association of Realtors v. United States Department of Health and Human Services filed an emergency motion yesterday to enforce the Supreme Court’s ruling and to vacate the stay pending appeal.  We have a copy of the Motion available through the below link.  As we understand it, we expect an answer from the CDC today.  We will keep you posted.   Emergency Motion

CDC Extended Eviction Moratorium through October 3, 2021

August 3, 2021   Dear Clients:   We just received the extension of the eviction moratorium from the CDC based upon the statement made by President Biden earlier this afternoon.  We have attached a copy of the CDC statement here.   According to the information reported to date regarding why President Biden has taken this action, it is our understanding the President was informed by the “bulk” of Constitutional scholars that the eviction moratorium was not constitutional as issued by the CDC.  However, President Biden felt it was worth the risk and stated, “at a minimum, by the time it...

CDC Eviction Moratorium–Will they extend it….again?

As many of you may have heard, President Biden has asked Congress to extend the CDC Eviction Moratorium set to expire July 31, 2021 through September of this year.  The Supreme Court, in a ruling this past month, indicated the CDC Moratorium was not Constitutional and took the position of simply allowing it to expire at the end of this month rather than striking it down and ending it mid-month.  It is possible there may be a vote on the President’s request as early as late today.  We will of course keep you updated.  As of right now we are...

ANOTHER POTENTIAL SOURCE OF INCOME FOR SOME TENANTS

Starting July 15th, just two days from now, the US Treasury will start sending what it refers to as “advance Child Tax Credit payments” to eligible families on the 15th of every month.  The maximum amount for each child under age 6 is $300 per month and for each child 6 to 18 is $250 per month.  Families are also still eligible a tax credit of $1800 for children under age 6 and $1500 for children 6 to 18 on their 2021 tax return. To receive the full credit the taxpayer must have adjusted gross income on their most recent...

Updates from the Tucson Pima County Eviction Prevention Program

REQUIRED DOCUMENTATION FROM LANDLORDS: PROGRAM DASHBOARD UPDATE: One of the many goals of this program is to be transparent about the process, requests for assistance, and reporting. We want to manage expectations and keep the public informed on funding distribution. On average, requests per week have diminished significantly and are now between 100-200 requests. This is down from 400-600 per week just three weeks ago. If you are interested in staying up to date on program numbers the Program Dashboard located on the homepage of TucsonPimaEP.com is currently updated 2-3 times per week. Numbers as of May 26, 2021, were as follows: Total Funds Paid and...

Federal Judge Stays Order pending Appeal

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 in effect through the appeal of the case and/or through June of this year. In Pima County only two of the Justices of the Peace will listen to a Motion to Contest the CDC Order meaning it is essentially impossible to contest a CDC Order...

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 lead to faster and more accurate results in eviction matters. SB1322 has passed the Arizona legislature and been signed by the Arizona governor.  It amended the Arizona Revised Statues as follows: ARS 22-206:  22-206.  Virtual appearance; detainer actions NOTWITHSTANDING ANY OTHER LAW, IN A SPECIAL DETAINER...

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 the CDC Order should or should not be put in place while the case is under appeal.  Both the Alabama Association of Realtors and HHS have filed arguments with the court for their position.  The Alabama Association of Realtors Opposition to the requested stay can...