CLARK BARS UPDATE - FEBRUARY 1ST 2021
Clark & Walker, P.C. - Attorneys at Law
Date: February 1, 2021
COVID-19 - CDC EXTENDS ORDER TEMPORARILY HALTING ALL FINANCIAL EVICTIONS IN U.S.
by: Christopher R. Walker, Esq
On January 29, 2021, the U.S. Centers for Disease Control and Prevention (CDC) extended its September 4, 2020 order temporarily halting residential evictions to prevent the further spread of COVID-19 (hereinafter “Order”). The Order provides that “a landlord, owners of a residential property, or other person with a legal right to pursue eviction or possession action” may not “evict” a covered person from any residential property from the date of the order through
March 31, 2021 for matters related to non-payment of rent.
As with the previous version the tenant must sign a declaration under penalty of perjury that the five elements of the Order (discussed in previous articles) are met. Once signed, the tenant is protected by the Order until
March 31, 2021.
It is important to remember three key points:
1. Evictions can still be filed and judgments obtained;
2. The Order only delays the writ of restitution until after
March 31, 2021; and
3. Landlords who believe the tenant to have lied in the declaration or is otherwise not eligible for the protections in the Order may file a Motion to Challenge the CDC Declaration.
Landlords are encouraged to continue to file their cases for tenants who are delinquent in rent and are reminded that the Landlord Attestation Form is required with any eviction submission. Please make sure you regularly advise our office on any pending case if you receive a CDC declaration from your tenant
(This form is required to process any eviction and is available on the Firm’s website, client portal AND below).
****WARNING****
ANY VIOLATION OF THE CDC EVICTION MORATORIUM MAY SUBJECT ANY PERSON OR ORGANIZATION VIOLATING THE ORDER TO A MONETARY FINE OF UP TO $500,000.00 AND/OR ONE YEAR IN JAIL PER VIOLATION.
YOUR COMPANY POLICIES AND PROCEDURES MUST BE MODIFIED TO ENSURE THAT THERE ARE ADEQUATE SAFEGUARDS IN PLACE TO ENSURE THERE ARE NO VIOLATIONS OF THE CDC ORDER.
CDC DECLARATION ATTESTATION FORM - AO 229 LANDLORD CERTIFICATION
Clark & Walker, P.C. - Attorneys at Law
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