Tag Archives: The CARES Act

The Law in flux: legal challenges to the cdc’s residential eviction moratorium

The COVID-19 pandemic has had a significant impact on the ability of landlords to collect delinquent rent. One of the main obstacles for landlords that desire to collect delinquent rent has been the CDC residential eviction moratorium. Since the CDC residential eviction moratorium was put into place on September 4, 2020, attorneys have questioned whether the CDC had the legal authority to impose the eviction moratorium and litigants in several cases have challenged the Centers for Disease Control and Prevention’s (the “CDC’s”) September 1, 2020 Order (the “Order”). While various cases around the country regarding the enforceability of the CDC residential eviction moratorium remaining pending, two cases out of the Fifth Circuit—one from the Eastern District of Texas, the other from the Western District of Louisiana, have reached differing conclusions regarding the constitutionally of the CDC’s Order.  Accordingly, this article will discuss the analysis in each case and potential arguments that landlords could make to challenge the viability of the CDC eviction moratorium. Read more

Landlord Tenant Issues in the Time of COVID-19

The novel coronavirus disease (“COVID-19”) has impacted nearly every aspect of life, including residential housing. People living in communal living spaces and apartment buildings need to take particular care to prevent and address community spread. Landlords and tenants alike may be affected by economic uncertainty and strain due to the pandemic. In is therefore crucial that landlords and tenants prepare to respond to the unique issues raised by the spread of COVID-19. This article will highlight some of those concerns and give insight into how landlords and tenants may tackle them.

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“Too Good to be True” Changes to the SBA Economic Injury Disaster Loan Advance Grant

The full economic impact of COVID-19 and its related “stay at home” orders cannot be measured right now. Anecdotal evidence suggests that widespread delinquencies and defaults have begun. Condominium and homeowner associations are not immune and can rightly expect negative consequences. As homeowners struggle with job disruptions and loss of income, the likelihood of delay or default in payment of assessments becomes a stark reality. And the association’s ability to collect past due assessments is substantially affected by unpaid property taxes, by delinquent mortgages having priority over assessments and by homeowner bankruptcies. This environment poses unique challenges for associations to continue services uninterrupted, especially when vendors and employees expect timely payment. Read more