COVID-19

 COVID-19



 Clark Bar Updates:

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 - 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.


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

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