COVID-19

 COVID-19



 Clark Bar Updates:

July 22nd, 2021 : COVID-19 - The Return to Normalcy: How to Execute Writs on Cases Delayed by the CDC Moratorium June 30th, 2021 : COVID-19 - UPDATED AO 2021-47 LANDLORD CERTIFICATION 7/1/2021 June 24th, 2021 : COVID-19 - CDC EXTENDED ITS ORDER THROUGH 7/31/2021 June 11th, 2021 : COVID-19 - ** CRITICAL CDC ORDER UPDATE & UPDATED FORM ** June 7th, 2021 : COVID-19 - ** CRITICAL CDC ORDER UPDATE & UPDATED FORM ** May 24th, 2021 : COVID-19 - Expiration of CARES Act - Changes to Non-Payment of Rent Notice April 22, 2021 : COVID-19 - CFPB RULE CHANGE AFFECTION ISSUANCE OF NON-PAYMENT OF RENT NOTICES IN ARIZONA April 14, 2021 : COVID-19 - **UPDATE - CRITICAL CDC ORDER UPDATE & UPDATED FORM** April 5, 2021 : COVID-19 - **CRITICAL CDC ORDER UPDATE & UPDATED FORM** March 30, 2021 : COVID-19 - CDC EXTENDED ITS ORDER THROUGH 6/30/2021 February 26, 2021 : COVID-19 - CDC ORDER TEMPORARILY HALTING CERTAIN RESIDENTIAL EVICTIONS DECLARED UNCONSTITUTIONAL February 23, 2021 : COVID-19 - UPDATED RENTAL ASSISTANCE PROGRAMS BY COUNTY February 19, 2021 : COVID-19 - RENTAL ASSISTANCE PROGRAMS BY COUNTY February 2, 2021 : COVID-19 - PIMA COUNTY - CDC EVICTION MORATORIUM February 1, 2021 : COVID-19 - CDC EXTENDS ORDER TEMPORARILY HALTING ALL FINANCIAL EVICTIONS IN U.S. January 28, 2021 : COVID-19 - ** CRITICAL CDC ORDER UPDATE ** January 4, 2021 : COVID-19 - NEW CDC DECLARATION ATTESTATION FORM - AO 229 LANDLORD CERTIFCATION December 22, 2020 : COVID-19 - EVICTION PROTOCOL UPDATE December 18, 2020 : PIMA COUNTY - NEW MASK RESOLUTION October 22, 2020 : COVID-19 - UPDATED CDC DECLARATION ATTESTATION FORM (V5) October 14, 2020 : COVID-19 - CRITICAL SECOND UPDATE - CDC Order Temporarily Halting Evictions October 12, 2020 : COVID-19 - CRITICAL UPDATE - CDC Order Temporarily Halting Evictions September 23, 2020 : COVID-19 - Thirty (30) day notice (CARES ACT COVERED PROPERTY) September 9, 2020 : COVID-19 - Arizona Non-Payment Evictions During the CDC Order September 2, 2020 : COVID-19 - CDC SEEKS TO TEMPORARILY HALT ALL FINANCIAL EVICTIONS IN THE UNITED STATES August 26, 2020 : COVID-19 - ARIZONA GYM/FITNESS REOPENING August 18, 2020 : COVID-19 - ARIZONA GYM/FITNESS CENTER REOPENING GUIDELINES August 12, 2020 : COVID-19 - WHY FILE NON-PAYMENT EVICTIONS? August 4, 2020 : COVID-19 - GOVERNOR RELEASED RENTAL PROPERTY OWNER PRESERVATION FUND - APPLY TODAY! July 17, 2020 : COVID-19 - EXTENSION OF TEMPORARY POSTPONEMENT OF THE EXECUTION OF THE WRIT OF RESTITUTION July 7, 2020 : COVID-19 - EXPIRATION OF CARES ACT - Changes to Non-Payment of Rent Notice June 29, 2020 : COVID-19 - PAUSING OF ARIZONA'S REOPENING April 3, 2020 : COVID-19: NEW PAID LEAVE AND FMLA RULES April 1, 2020 : COVID-19: Governor Ducey's Stay at Home Order April 1, 2020 : COVID-19: EVICTION PROTOCOL UPDATE March 28, 2020 : COVID-19: SUMMARY March 25, 2020 : COVID-19: PIMA COUNTY JUSTICE COURT CHANGES March 25, 2020 : COVID-19: Compliance with Non-Discrimination Laws March 24, 2020 : **REVISED** COVID-19 Eviction Protocol Update March 23, 2020 : IMPORTANT LEGAL UPDATE - Families First Coronavirus Response Act March 20, 2020 : Arizona Multihousing Association seeks assistance in getting tenants to petition AZ Legislature to Approve Immediate Emergency Funding for Eviction Prevention March 20, 2020 : IMPORTANT LEGAL UPDATE for Coronavirus Disease 2019 (COVID-19) March 20, 2020 : SUMMARY OF AZ TRIAL COURT COVID-19 PROCEDURES March 19, 2020 : IMPORTANT EVICTION UPDATE for Coronavirus Disease 2019 (COVID-19) March 18, 2020 : FAQ for Coronavirus Disease 2019 (COVID-19) March 15, 2020 : Coronavirus ("Covid-19")

CLARK BARS UPDATE - FEBRUARY 2nd 2021

Law Offices of Scott M. Clark, PC
Date: February 2, 2021

COVID-19 - PIMA COUNTY - CDC EVICTION MORATORIUM
by: Christopher R. Walker, Esq

This afternoon, the Pima County Board of Supervisors, by a 4-1 vote, decided to adopt a verbal motion expanding the federal CDC eviction moratorium countywide. This decision was made without any stakeholder input, without posting any text or language explaining what the moratorium expansion would entail, and added to the Supervisors’ agenda late over the weekend with barely over 24 hours’ notice.

Even more troubling, the motion, made by Supervisor Matt Heinz (District 2), expands the CDC moratorium to prohibit “all evictions in Pima County except those for material falsification or for material and irreparable breaches,” as provided in A.R.S. 33-1368(A), through March 31, 2021. The Board also directed the Pima County Health Department to develop a declaration form that mirrors the CDC tenant attestation, and make said form “easily accessible to the public. The video of today’s meeting may be found HERE.

We are disturbed by the County’s decision to enact this verbal motion without legal authority and in violation of Governor Ducey’s Executive Order 2020-36. Through the passage of this motion the County is unfairly exposing residents and rental housing professionals to potentially unsafe and dangerous conditions in which individuals breaching their leases or community regulations may now remain housed without any recourse for the landlord or the other residents of the community. This decision will essentially handcuff the landlord and prohibit the landlord from enforcing various covenants set forth in the lease, many of which the landlord could face liability for failing to enforce.

The Firm is working collaboratively with the AMA to help address this issue and work towards reversing this decision in Pima County and ensure that the rule of law is upheld across the state of Arizona. For now we still lack any details or an effective date. It is unclear if the verbal motion applies to filing of evictions or the physical eviction (serving the writ). While we work through this challenging time we continue to recommend that our clients continue to file eviction as you have done so in the past. If and when there is a development that requires this guidance to be changed we will provide another update on this motion.


Law Offices of Scott M Clark, PC
www.scottclarklaw.com

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