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")

URGENT UPDATE - CLARK BARS: AUGUST 26TH 2021

Law Offices of Scott M. Clark, PC
Date: August 26, 2021
By: Christopher R. Walker, Esq.

COVID-19 - CDC EVICTION MORATORIUM DECLARED UNCONSTITUTIONAL

In the early evening hours of August 26, 2021 the U.S. Supreme Court took action to stop the CDC’s current eviction moratorium. In a 6-3 decision, the Court decreed the acts of the administration to have been unlawful and in excess of the authority given to them under the U.S. Constitution and by Congress. The order vacating the CDC Order is effective immediately and, as of August 27, 2021, tenants will no longer be able to avoid eviction by executing a CDC Declaration or otherwise contesting the eviction due to financial difficulties.

Based on the procedures outlined in the current Administrative Order from the Arizona Supreme Court there are three options for landlords seeking to execute a writ on a judgment previously granted but delayed due to a tenant’s production of a CDC Declaration.

OPTION 1: Prepare and file a Motion to Amend the Judgment both as to the amounts currently owed (up to the jurisdictional cap of $10,000 for justice court) and as to the writ of restitution date. This motion can be filed as soon as August 27, 2021. Clients will need to provide an updated ledger and complete the attached Writ of Restitution Request Form. The fee for the filing of this motion will be $300.00 and will cover both the motion and the hearing that will occur. This fee does not cover the costs or fees associated with the actual filing of the writ of restitution.

OPTION 2: Prepare and file a Motion to Execute a Writ of Restitution. A hearing on this motion may still be required and the writ of restitution should be issuable five days after the date of the hearing set by the court. To process this we will need to file a motion with the court to address the following: (1) confirmation that the tenancy has not been reinstated and (2) provide an attestation as to the current pleading requirements set forth in the Administrative Order (i.e. mortgage type, absence of mortgage forbearance, rental assistance received and, if so, confirmation that the eviction is not a violation of the assistance agreement, etc.). The fees for this motion remain the same as in Option 1.

OPTION 3: Landlords can commence a new eviction proceeding. This may require issuing a new notice for the current delinquency and (depending on the amounts owed) may require vacating a previously issued and outstanding judgment. In this option, the normal procedures for filing cases will apply and landlords will be required to fill out the Landlord Verification form created by our office to facilitate the filing of the action. Cases filed should be heard by the court similar to cases heard in months prior, however, due to the priority on motions to amend there may be some delays in getting hearing dates on newly filed cases. We have yet to see the court’s plan on this and, unfortunately, only time will tell as to how the court navigates the different case filings in the following months.

RECOMMENDATION
It is the Firm’s recommendation that landlords who have an existing judgment where the tenancy has not been reinstated or rental assistance received that would not preclude the eviction
Reinstatement Means accepting rent from the tenant IN EXCESS of the amount awarded in the judgment. (Example: Judgment is for $5,000.00 on May 15, 2021 and we accept payment of the $5,000.00 plus then June’s rent of $1,500.00. In this case, the lease has been reinstated)
should proceed with Option 1. We consider this to be the likely quicker route to recovering possession of the premises and updating the amounts owed to reflect additional rent accrued post execution of the judgment.

****** ADVISORY*******
Landlords will need to be cautious on calling in motions to amend and seeking evictions for tenants who have recently received rental assistance. Some rental assistance agreements may limit your right to evict the tenant for thirty (30) days and/or the months that the rental assistance covers. If you have any questions regarding your rights or any limitations in your ability to file an eviction if you received rental assistance for your tenant you should contact our office.

If you have questions about this information, please consult with an attorney.
Law Offices of Scott M Clark, PC
www.scottclarklaw.com

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COVID-19 NEVADA UPDATES: https://www.scottclarklaw.com/COVID-19N.asp



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