COVID-19

 COVID-19



 Clark Bar Updates:

September 1st, 2021 : COVID-19 - NON-PAYMENT CASES REQUIRE 6 MONTHS OF TENANT LEDGER August 27th, 2021 : COVID-19 - FOLLOW-UP - CDC EVICTION MORATORIUM DECLARED UNCONSTITUTIONAL August 26th, 2021 : COVID-19 - CDC EVICTION MORATORIUM DECLARED UNCONSTITUTIONAL August 19th, 2021 : COVID-19 - CARES ACT COMMUNITIES REMINDER & NOTICE August 6th, 2021 : COVID-19 - POSSIBLE DELAYED COURT HEARINGS August 3rd, 2021 : COVID-19 - *** CDC Issues New Order Temporarily Halting All Financial Evictions in the United States *** July 30th, 2021 : COVID-19 - *** Advisory for Cares Act Covered Communities *** 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 - AUGUST 3RD 2021

Law Offices of Scott M. Clark, PC
Date: August 3, 2021
By: Christopher R. Walker, Esq.

COVID-19 - *** CDC Issues New Order Temporarily Halting All Financial Evictions in the United States ***

On August 3, 2021 the U.S. Centers for Disease Control and Prevention (CDC) issued an order captioned Temporary Halt in Residential Evictions in Communities with Substantial or High Levels of Community Transmission of COVID-19 To Prevent he Further Spread of COVID-19 (hereinafter “Order”). The Order is nearly identical to the previous orders from the CDC stemming from the original September 4, 2020 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, defined as a person residing in a locality with a substantial or high level of COVID transmission, from any residential property from the date of the order through October 3, 2021 for matters related to non-payment of rent.

The Order provides that a “Covered person” may avoid their eviction from their dwelling for the non payment of rent provided they meet the following criteria:
1. The individual has used best efforts to obtain all available government assistance for rent or housing;

2. The individual either (i) earned no more than $99,000 (or $198,000 if filing jointly) in Calendar Year 2020 or expects to earn no more than $99,000 in annual income for Calendar Year 2021 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2020 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check)

3. The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses (defined as exceeding 7.5% of one’s adjusted gross income for the year);

4. The individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;

5. Eviction would likely render the individual homeless or force the individual to move into and live in close quarters in a new congregate or shared living setting because the individual has no other available housing options; and

6. The individual resides in a U.S. count experiencing substantial or high rates of community transmission levels of SARS-CoV-2 as defined by CDC.

Any tenant that provided a prior version of the CDC Declaration remains protected by the August 3, 2021 Order. A new version of the CDC Declaration will be made available in the near future on the CDC’s website.

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 October 3, 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.

UPDATED FORM-AO 2021-47 LANDLORD CERTIFCATION.
CLICK HERE

Please make sure you regularly advise our office on any pending case if you receive a CDC declaration from your tenant.

****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.


If you have any questions regarding your rights or any limitations, please do not hesitate to contact our Firm for further assistance.
Law Offices of Scott M Clark, PC
www.scottclarklaw.com

CONTACT A TEAM MEMBER: https://www.scottclarklaw.com/About-Us.asp
CLIENT PORTAL: https://www.scottclarklawpc.com/client/login.aspx
COVID-19 ARIZONA UPDATES: https://www.scottclarklaw.com/COVID-19.asp
COVID-19 NEVADA UPDATES: https://www.scottclarklaw.com/COVID-19N.asp



Client Login


Too much work, too little time - By allowing each community to create writs and satisfactions, print forms and read relevant legal articles, you and your team can do this work on your schedule, not ours.

LOGIN NOW!





Proud Member & Sponsor











Proud Member & Sponsor



















© Scott Clark Law. All rights reserved.

© Scott Clark Law. All rights reserved.