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Topic: Contesting CDC Declaration (& procecures once a tenant provides one )
Topic Author
What are your policies once a tenant provides one? What is your procedure and outcome of contesting them? We have 5 complexes and I already see that judges are not consistent in different counties. Unfortunately we have a lot of residents who don't care about their credit and are just using these to work the system. We have won a few cases contesting them but I can see more people are trying to use them for a free ride....
Posted 3 years 6 months ago
This is a complex matter, and you should certainly have your counsel involved in any proceedings against someone seeking protection by the CDC moratorium. If we end up in court our attorney will be prepared to present the following info to the judge for consideration. Here's info from our state (Virginia) apartment association:
In the October 2nd CDC’s response to Brown v. Azar, the Eviction Moratorium Federal Lawsuit now making its way through federal court, the CDC stated nothing in their order prohibits:
A landlord from filing an Unlawful Detainer action for non-payment of rent.
A court from hearing an Unlawful Detainer action for non-payment of rent.
The plaintiff from challenging a defendant's CDC declaration in court.
A judge from awarding possession to the plaintiff.
According to the CDC, the only thing the moratorium prohibits is the actual execution of a Writ of Eviction until after December 31, 2020.
"the Order does not prevent a landlord from filing an eviction action in state court. First, the Order expressly permits eviction for various reasons other than nonpayment of rent. See 85 Fed. Reg. at 55294 (property damage, criminal activity, etc.). Second, nowhere does the Order prohibit a landlord from attempting to demonstrate that a tenant has wrongfully claimed its protections. And third, even where a tenant is entitled to its protections, the Order does not bar a landlord from commencing a state court eviction proceeding, provided that that actual eviction does not occur while the Order remains in place. See id. at 55292 (“the order prevents these persons from being evicted or removed from where they are living through December 31, 2020”); id. at 55293 (defining “evict” as “to remove or cause the removal of”).”
Brown v. Azar, Case 1:20-cv-03702-JPB, Document 22, Page 42, Filed 10/02/20
In the October 2nd CDC’s response to Brown v. Azar, the Eviction Moratorium Federal Lawsuit now making its way through federal court, the CDC stated nothing in their order prohibits:
A landlord from filing an Unlawful Detainer action for non-payment of rent.
A court from hearing an Unlawful Detainer action for non-payment of rent.
The plaintiff from challenging a defendant's CDC declaration in court.
A judge from awarding possession to the plaintiff.
According to the CDC, the only thing the moratorium prohibits is the actual execution of a Writ of Eviction until after December 31, 2020.
"the Order does not prevent a landlord from filing an eviction action in state court. First, the Order expressly permits eviction for various reasons other than nonpayment of rent. See 85 Fed. Reg. at 55294 (property damage, criminal activity, etc.). Second, nowhere does the Order prohibit a landlord from attempting to demonstrate that a tenant has wrongfully claimed its protections. And third, even where a tenant is entitled to its protections, the Order does not bar a landlord from commencing a state court eviction proceeding, provided that that actual eviction does not occur while the Order remains in place. See id. at 55292 (“the order prevents these persons from being evicted or removed from where they are living through December 31, 2020”); id. at 55293 (defining “evict” as “to remove or cause the removal of”).”
Brown v. Azar, Case 1:20-cv-03702-JPB, Document 22, Page 42, Filed 10/02/20
Posted 3 years 6 months ago