COVID-19

 COVID-19



 Clark Bar Updates:

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 24th 2020

Law Offices of Scott M. Clark, PC
Date: March 24, 2020

**REVISED** COVID-19 Eviction Protocol Update
By: Christopher R. Walker

Dear Client(s):

Today the Governor issued Executive Order 2020-14 which puts in place a temporary delay in the execution of writs of restitution in certain circumstances. Pursuant to the Governor’s Executive Order a constable may temporarily delay the execution of a writ of restitution in the following situations:

1. The individual is required to be quarantined based on their diagnosis of COVID-19.

2. The individual is ordered by a licensed medical processional to self-quarantine based on their demonstration of symptoms defined by the Centers for Disease Control and Prevention.

3. The individual is required to be quarantined based on someone in the home being diagnosed with COVID-19.

4. The individual demonstrates that they have a health condition, as defined by the Centers for Disease Control and Prevention, that makes them more at risk for COVID-19 than the average person.

5. The individual suffered from a substantial loss of income resulting from COVID-19, including:
a. Job Loss;
b. Reduction in compensation;
c. Closure of place of employment;
d. Obligation to be absent from work to care for a home-bound school-age child; or
e. Other pertinent circumstances.

The Executive Order does not prevent landlords from filing evictions or otherwise give the Court leniency to delay execution of an eviction judgment. It is important for all landlords to understand that the Executive Order only changes the timing for the execution of the writ of restitution. Misinformation is already being promulgated about an eviction moratorium or a “halt” on evictions. Landlord’s should be assured that they will continue to have access to the court and the right to file evictions for tenants in default of their obligations under the lease and provisions of the Arizona Residential Landlord and Tenant Act.

Please be advised, it is the recommendation of the Firm that all clients continue to work with their residents during this pandemic. However, clients should not feel discouraged from seeking legal relief and commencing an eviction action to enforce their rights under the terms of the lease or Arizona law. The Firm does not endorse a cessation of eviction filings and recommends all clients proceed with the commencement of any and all eviction actions required to protect the property rights of the client and enforce the rights conferred under your respective lease agreements. The Arizona Multihousing Association has offered guidance consistent with the recommendations of the Firm. Together, we believe that a complete cessation of evictions will cause substantial harm to the multi-family industry and bring about many unintended consequences.


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Any person who has questions about a proper protocol or who needs additional assistance is strongly encouraged to contact legal counsel at any time.

If you have questions about this information, please consult with an attorney



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