Article by Stephanie Friese and Jennifer Garner on “Eviction Moratorium Extension: What it Means for Your Business”
In an article published on February 4, 2021 in Multi-Housing News, Atlanta-based Shareholder Stephanie Friese and Atlanta-based Associate Jennifer Garner give an overview of the eviction moratorium extension and share what landlords, property owners and developers need to know.
Friese and Garner explain that on Sept. 4, 2020, the Centers for Disease Control and Prevention announced that it would again extend the order temporarily halting residential evictions until at least March 31, 2021. This was intended to avoid widespread evictions in an effort to help contain the coronavirus, but the moratorium is far from simple. The order has come under intense scrutiny, sustaining challenges and criticism from residents and landlords across the country.
When asked whether this is legal, Friese and Garner write, “Maybe not, but the order withstood at least one challenge at the federal district court level. Several landlords and a trade organization brought an action against the Secretary of the Department of Health and Human Services, the CDC, and the CDC’s acting chief of staff, seeking to invalidate the order and moved for a preliminary injunction.” The argument is that “the order was promulgated without statutory and regulatory authority, is arbitrary and capricious, unconstitutionally deprives them of their property and strips landlords of their constitutional right to access to the court system,” explain Friese and Garner.
Given the ambiguities of the order, the potential for local variation and criminal penalties; landlords, property owners and others considering an eviction should consult with an attorney to navigate the intricacies of this order and other applicable local laws as it pertains to their properties.
To read the full article, click here.