CLARK BARS UPDATE - MARCH 30th 2021
Law Offices of Scott M. Clark, PC
Date: March 30, 2021
COVID-19 - CDC EXTENDED ITS ORDER THROUGH 6/30/2021
The CDC extended its Order today through June 30, 2021. The main components of the previous order are maintained, however, this extension includes the following noteworthy modifications and clarifications:
(1) Signed declarations provided by a tenant pursuant to the previous order remain sufficient; covered persons are not required to submit a new declaration.
(2) Evictions for engaging in criminal activity remain permissible, however, the extended order sets forth that that covered persons may not be evicted on the sole basis that they are alleged to have committed the crime of trespass "where the underlying action is a covered person remaining in a residential property despite non-payment of rent."
(3) Individuals who are confirmed to have, who have been exposed to, or who might have COVID-19 and take reasonable precautions to not spread the disease should not be evicted on the grounds that they pose a health or safety threat to other residents.
(4) Any written document can be used in place of the CDC Declaration form so long as it includes the required information of the form and contains a perjury statement.
(5) In some circumstances, it may be appropriate for one member of the residence to provide an executed declaration on behalf of other adult residents who are a party to the lease.
Just as before, clients may file evictions for non-payment of rent, even where a CDC Declaration is received. In an eviction filed for non-payment of rent, please know the Court will delay the execution of the writ of restitution until after the expiration of the CDC Order if the tenant submitted a CDC Declaration to the landlord at any time prior to judgment and before lockout. Clients will need to submit the Landlord Verification form with each eviction filing to confirm, among other items, whether or not a CDC Declaration was received.
If you believe that your tenant has submitted the CDC Declaration falsely or has failed to make timely partial payments as required under the CDC Order please contact our office to discuss whether or not a challenge is appropriate.
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