Sep 07

Now more than ever, “We are all in this together.”  The seemingly adversarial interactions of the past no longer serve anyone.  Those representing rental housing and those representing folks living in rental housing must work in unison to fix problems that have existed in the lower end of the market for as long as I’ve been in business.

A spokeswoman for the Legal Aid Society of Cleveland, which frequently represents tenants facing eviction, also noted that landlords’ financial well-being is crucial for people to maintain housing.

“Rent assistance is needed to ensure rent payments continue to be paid to landlords. Without rent assistance to help fund this order, many tenants will face an insurmountable rent burden when the moratorium lifts,” the spokeswoman said. “Also, there will be a profound impact on many landlords’ ability to continue their business.”

https://www.cleveland.com/realestate-news/2020/09/landlords-bracing-for-tough-few-months-due-to-trump-administrations-eviction-moratorium.html

In 1991, I was interviewed by a few national publications regarding the termination of a Christmas eviction moratorium in Milwaukee. While those articles are not online, a similar statement I made in a 2010 NYT article is:

Tim Ballering, who owns or manages some 900 rental units in Milwaukee, said a basic problem was the growing imbalance between low-end incomes and rents. A minimum-wage worker may gross little more than $1,100 a month; a welfare recipient in Wisconsin receives $673 a month, while two-bedroom units start at about $475.

“On $673 a month, how do you buy tennis shoes for the kids, clean shirts for school and still pay your rent?” Mr. Ballering said.

https://www.nytimes.com/2010/02/19/us/19evict.html

Nearly 30 years later, not much has changed.  Maybe COVID will be a blessing in disguise, allowing meaningful discussions that extend well past this current crisis.

Sep 06

This is one of the better articles I’ve read outlining the problems and questions surrounding the CDC order

https://daily-tribune.com/stories/magistrate-judge-says-cdc-eviction-moratorium-may-have-unintended-consequences,25832

Sep 04

https://www.govinfo.gov/content/pkg/FR-2020-09-04/pdf/2020-19654.pdf

The earlier CDC release stated that tenants did not have to provide proof with the declaration, but the landlord could request/challenge it.

The published rule, but of course it is not a rule, but an order,  as rules have rules, does not appear to have a mechanism to challenge the validity of the tenants’ declarations. (see below)  Instead, I guess you have to report the tenant to the FBI if you feel they lied. 

It is uncertain what an owner must do to be found in violation.  Do you actually have to evict after receiving a declaration, which courts should prevent from occurring?  Or would issuing a summons after receiving a declaration trigger a violation?  But how do you challenge the validity of the declaration if not in court?

I do not see specifically that issuing a 5-Day notice is a violation, but I’m sure that will be argued.

https://www.nytimes.com/2020/09/02/your-money/eviction-moratorium-covid.html
A lawyer can also help if a landlord tries a different approach. For instance, a landlord might try to sue in small claims court over partial payments, without filing an eviction notice that might be illegal under the order, Mr. Dunn said.


The sample declaration form does not say anything about whether I need to prove my hardship to my landlord. Should I attach bank statements or other documents?

No, not to the declaration — at least not at first. The way the order is written means you need not lay out specifics in your declaration, said Emily Benfer, a visiting professor of law at Wake Forest University.

If the landlord challenges your initial assessment, however, you should provide “reasonable” specifics to prove your eligibility, according to senior administration officials who helped write the order.

This last sentence was in the CDC press release two days ago but is absent now.

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