On May 5, 2021, Judge Dabney Friedrich vacated the eviction moratorium placed in effect by the CDC:

THE SITUATION:

The eviction moratorium originated during the Trump Presidency. As the pandemic continued this order was extended by now President Biden and most recently the CDC. The goal of the moratorium was to slow the spread of the virus by allowing renters to maintain their residences. Under the order, if a tenant fell behind on rent they were not to be evicted as to not intensify the public health crisis that is COVID-19.

THE NEWS:

The Appeal(s) 

Advocates for the moratorium hope the D.C. Circuit Court will issue a “stay” which would essentially negate Judge Friedrich’s ruling. 

The Department of Justice took a position of “disagreement” and filed an appeal on Wednesday May 5th. 

 

Who’s At Risk 

8.8 million tenants who are behind on rent

 

Timeline: 

September 2020 – President Trump signs executive order to protect tenants

December 2020 – Congress extends moratorium 

January 2021 – CDC extends moratorium

March 2021 – CDC extends moratorium 

May 5th 2021 – Federal Judge Dabney Friedrich vacates moratorium 

 

What does this mean for you? 

If you’re behind on payments you might now have an increased risk of eviction. First, determine if protections remain in place at your state’s level. California, Connecticut, Delaware, DC, Hawaii, Illinois, Kansas, Kentucky, Maryland, Minnesota, Montana, Nevada, New Jersey, New York, North Carolina, Oregon, Vermont, and Washington have some level of protection for tenants as of the publishing of this post. Some states without eviction bans have other programs in place including utility protection or other means of financial assistance. 

 

Our team will continue to monitor this situation for updates pertinent to you and yours. If you have any questions about these updates or their applicability to your situation please give our team a call. 

 

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