It seems like rental housing laws pop up in the blink of an eye. Since the sweat-inducing rental housing laws proposed in August, we’ve got plenty of updates. There are more answers to the industry’s most pressing questions surrounding the CDC’s eviction moratorium, and there are new state-specific changes regarding unlawful detainer forms, eviction appeals, and more.
Take a deep breath and keep your eyes peeled for these and future multifamily housing law updates.
New Answers on the Federal Eviction Moratorium
The CDC’s emergency order implementing a four-month eviction moratorium across the country came as a shock to the industry. Since September’s surprise, the CDC has finally released answers to the industry’s most pressing FAQ.
So, what’s new?
It seems like rental housing laws pop up in the blink of an eye. Since the sweat-inducing rental housing laws proposed in August, we’ve got plenty of updates. There are more answers to the industry’s most pressing questions surrounding the CDC’s eviction moratorium, and there are new state-specific changes regarding unlawful detainer forms, eviction appeals, and more.
Take a deep breath and keep your eyes peeled for these and future multifamily housing law updates.
New Answers on the Federal Eviction Moratorium
The CDC’s emergency order implementing a four-month eviction moratorium across the country came as a shock to the industry. Since September’s surprise, the CDC has finally released answers to the industry’s most pressing FAQ.
So, what’s new?
- State and Local Courts Can Still Be Open
The eviction moratorium should not terminate or suspend state or local court operations. It is not intended to prevent you from initiating an eviction – so long as it’s not an eviction of a “covered person” (see who that applies to here) for nonpayment during the covered time period. - You Can Legally Challenge Resident Declarations
This order does not stop you from challenging the truthfulness of a renter’s declaration in court. However, these protections will still apply to a declared resident during the order’s time period until the state or municipal court decides your challenge.
- State and Local Courts Can Still Be Open
The eviction moratorium should not terminate or suspend state or local court operations. It is not intended to prevent you from initiating an eviction – so long as it’s not an eviction of a “covered person” (see who that applies to here) for nonpayment during the covered time period. - You Can Legally Challenge Resident Declarations
This order does not stop you from challenging the truthfulness of a renter’s declaration in court. However, these protections will still apply to a declared resident during the order’s time period until the state or municipal court decides your challenge.
- Every Resident in a Unit Needs to Apply for Declarations
Each adult listed on the lease will need to complete, sign, and provide a declaration to you in order to get the eviction moratorium protections.
- Your Renters Still Owe Rent & Must Follow All Rules in the Lease
This eviction moratorium is temporary, and when all’s said and done, your declared residents are still obligated to pay all past due rent. They are also still obligated to follow the other terms of their lease. Covered persons must also use best efforts to make timely partial payments (as circumstances permit and considering other nondiscretionary expenses).
- You Are Not Required to Tell Your Renters About the Order and Declaration Requirements
- Anyone who Lies About Being a Covered Person is Subject to DOJ Prosecution
Additional COVID-19 Relief? We Don’t Know Her.
Unfortunately, we’re still waiting to hear if there will be additional COVID-19 relief. As the House and Senate are currently fighting over what bill to pass, the likelihood a relief bill will be passed before the election is incredibly slim.
State-Specific Updates
In addition to nationwide news, there are a handful of notable updates in California, Nevada, South Carolina, and Hawaii that could affect your property or property management company.
- Every Resident in a Unit Needs to Apply for Declarations
Each adult listed on the lease will need to complete, sign, and provide a declaration to you in order to get the eviction moratorium protections.
- Your Renters Still Owe Rent & Must Follow All Rules in the Lease
This eviction moratorium is temporary, and when all’s said and done, your declared residents are still obligated to pay all past due rent. They are also still obligated to follow the other terms of their lease. Covered persons must also use best efforts to make timely partial payments (as circumstances permit and considering other nondiscretionary expenses).
- You Are Not Required to Tell Your Renters About the Order and Declaration Requirements
- Anyone who Lies About Being a Covered Person is Subject to DOJ Prosecution
Additional COVID-19 Relief? We Don’t Know Her.
Unfortunately, we’re still waiting to hear if there will be additional COVID-19 relief. As the House and Senate are currently fighting over what bill to pass, the likelihood a relief bill will be passed before the election is incredibly slim.
State-Specific Updates
In addition to nationwide news, there are a handful of notable updates in California, Nevada, South Carolina, and Hawaii that could affect your property or property management company.
- California: COVID-19 Relief Act Forms
The form ‘ Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (UD-101)’ has to be filed in all unlawful detainer actions, with the cover sheet completed by either you (the rental property owner) or your attorney.
The Judicial Council has approved 3 new forms and one revised form for eviction cases. While the COVID-19 Tenant Relief Act of 2020 (aka California’s eviction moratorium) prohibits evicting renters who claim COVID-related hardships, it also allows the courts to proceed with unlawful detainer actions with other causes. These forms enable the courts to abide by the new law while also allowing you to pursue unlawful detainers not associated with nonpayment due to COVID-19. All new and revised forms can be found here.
- California: COVID-19 Relief Act Forms
The form ‘ Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (UD-101)’ has to be filed in all unlawful detainer actions, with the cover sheet completed by either you (the rental property owner) or your attorney.
The Judicial Council has approved 3 new forms and one revised form for eviction cases. While the COVID-19 Tenant Relief Act of 2020 (aka California’s eviction moratorium) prohibits evicting renters who claim COVID-related hardships, it also allows the courts to proceed with unlawful detainer actions with other causes. These forms enable the courts to abide by the new law while also allowing you to pursue unlawful detainers not associated with nonpayment due to COVID-19. All new and revised forms can be found here.
- Nevada: Eviction Moratorium is No More
Nevada’s state eviction moratorium has been lifted, however, be mindful that the CDC’s nationwide eviction moratorium (as seen above) is still in effect.
- South Carolina: Eviction Appeals Are Easier
Originally, renters seeking an appeal of an eviction order would be required to pay all past-due rent before the appeal could move forward, even if they were challenging the amount due. The Post and Courier reports that Chief Justice Donald Beatty has instructed magistrates to stop this practice.
While the CDC’s eviction moratorium is causing many in the industry to shake their heads in frustration, we’ll be there every step of the way to provide you with updates and industry insight on all things eviction moratorium. Make sure you’re subscribed for more rental housing legislative news.
