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...

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 Court they will follow basic legal procedure and abide by the Federal Court Order. We encourage our clients to send out any relevant nonpayment of rent notices for the month of May and move forward with evictions. The ruling of a Federal Court is binding...

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 landlords in a very difficult position.  Our only option for cases before these judges is to take the matter to the Superior Court.  Many individuals, myself included, have contacted higher courts and are requesting relief from what we believe to be an inaccurate position by...

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 provided below is the most appropriate and provides the most protection for landlords based upon the CFPB’s new requirement.  Additional information regarding this decision and the suggested language options can be found at:  https://files.consumerfinance.gov/f/documents/cfpb_debt-collection_sample_covid-19_tenant_eviction_protection_disclosure_language.pdf   We strongly urge and suggest that you include the following...

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 expect to process approximately 400 applications per week .) As it stands approximately $66,000 of the $31 million in rental assistance has been distributed.   For information on the Program go to: https://tucsonpimaep.com/