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CLARK BARS UPDATE - JUNE 24TH 2021

Law Offices of Scott M. Clark, PC
Date: June 24, 2021
By: Christopher R. Walker, Esq.

COVID-19 - CDC EXTENDED ITS ORDER THROUGH 7/31/2021
CDC Extends Order Temporarily Halting All Financial Evictions in the United States

On June 24, 2021, the U.S. Centers for Disease Control and Prevention (CDC) issued an order indicating the final extension of its September 4, 2020 order temporarily halting residential evictions to prevent the further spread of COVID-19 (hereinafter "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 from any residential property from the date of the order through July 31, 2021 for matters related to non-payment of rent.

As with the previous version the tenant must sign a declaration under penalty of perjury that the five elements of the Order (discussed in previous articles) are met. Once signed, the tenant is protected by the Order until July 31, 2021.

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 July 31, 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. Please make sure you regularly advise our office on any pending case if you receive a CDC declaration from your tenant.

*****SUPREME COURT UPDATE*****
It is important to know that, while the CDC has extended the Order, there is currently a petition before the United States Supreme Court to reverse the stay on the D.C. District Court’s ruling that invalidated the CDC Order nationally. If that case is heard and decided in favor of Landlords the CDC Order will be vacated nationally and evictions will be permitted to resume in Arizona unfettered by the CDC. We will continue to monitor this case and will provide updates as they become available.

****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.

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

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