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Colorado amends executive order regarding eviction protections
On September 22, the Colorado governor issued Executive Order 2020 202, which amends Executive Order 2020 101, as amended and extended by earlier orders. The amendment provides that an individual is prohibited from filing or initiating actions for forcible entry and detainer (i.e. eviction), including any demand for rent, unless the individual has notified the tenant in writing of the federal protections against eviction provided by the Centers for Disease Control and Prevention’s Temporary Halt in Residential Evictions To Prevent the Further Spread of Covid-19. The individual must provide as notice a copy of the CDC’s order. Certain aspects of Executive Order 2020 101, including the amendments pursuant to Executive 2020 202, will expire 30 days from September 2020. Other aspects of Executive Order 2020 101 will remain in full force and effect as originally promulgated. Previous coverage relating to Colorado’s eviction orders can be found here, here, and here.
Judicial Council of California votes to end temporary eviction and judicial foreclosure rules
On August 13, the Judicial Council of California voted to end two temporary emergency rules governing evictions and judicial foreclosures. The first rule prohibited the issuance of summons or entering of defaults in eviction actions unless the case involved public health and safety issues, and required that trials be set at least 60 days after a request for a trial. The second emergency rule stayed all pending judicial foreclosure actions other than those involving issues of public health and safety, tolled the statute of limitations on filing such actions, and extended the deadlines for election or exercise of rights relating to such actions. Pursuant to the vote, the rules end on September 1, 2020. The Judicial Council previously approved the temporary emergency rules staying eviction and foreclosure proceedings on April 6, 2020.
Kansas extends orders relating to the Covid-19 pandemic
On September 10, the Kansas governor issued another executive order delaying the sunset date of several existing executive orders relating to Covid-19 to January 26, 2021, or until the statewide state of disaster emergency relating to Covid-19 expires, whichever is earlier, with some exceptions (previously covered here). Among others, the executive order delays the sunset date for the order halting certain foreclosures and evictions (previously covered here), the order extending professional and occupational licenses (previously covered here and here), as well as the order temporarily allowing remote notarizations (previously covered here).
Nevada governor issues directive regarding evictions
On August 31, the Nevada governor issued Declaration of Emergency Directive 031, relating to the implementation of Senate Bill 1, previously covered here. The directive provides that, effective immediately through October 14, 2020, the initiation of a nonpayment of rent summary eviction action through service of a pay or quit notice pursuant to Section 40.253 of the Nevada Revised Statutes is prohibited. Emergency Directives 008 and 025 (covered here and here) had previously prohibited such evictions through August 31.
California governor signs legislation providing tenant and landlord protections
On August 31, the California governor signed AB 3088, which provides relief from eviction and foreclosure due to the economic impacts of Covid-19. Pursuant to AB 3088, a tenant may not be evicted before February 1, 2021 if a Covid-19-related hardship caused the tenant to miss a rent payment accruing between March 4 and August 31, 2020, if the tenant provides a declaration of hardship that complies with certain timelines set forth in the legislation. For hardships that accrue between September 1, 2020, and January 1, 2021, tenants must pay a portion of the rent due to avoid eviction. Among other things, the legislation also extends anti-foreclosure protections in the Homeowners Bill of Rights to small landlords.
VA extends foreclosure and eviction moratorium for borrowers affected by Covid-19
On August 24, the Department of Veterans Affairs issued Circulars 26-20-30 and 26-20-29, which extend foreclosure and eviction relief for borrowers affected by Covid-19, respectively. Specifically, properties secured by VA-guaranteed loans are subject to a moratorium on foreclosure through December 31, 2020. The moratorium applies to the initiation of foreclosures and to the completion of foreclosures in process. The foreclosure circular is rescinded January 1, 2021. Similarly, properties secured by VA-guaranteed loans, including those loans currently in VA’s Real Estate Owned portfolio, are subject to a moratorium on evictions through December 31, 2020. The eviction moratorium circular is rescinded April 1, 2021.
Connecticut extends eviction moratorium
On August 21, the Connecticut governor issued Executive Order No. 7000, which, among other things, extends the eviction moratorium set forth in previous executive orders, subject to certain modifications (previously discussed here). Pursuant to the modifications, a landlord of a dwelling unit is prohibited from delivering a notice to quit or serve or return a summary process action until October 1, 2020, subject to certain exceptions.
Illinois reissues and extends several Covid-19 executive orders
On August 21, the Illinois governor issued Executive Order 2020-52, which extends several earlier executive orders through September 19, 2020. Among other things, the order extends Executive Order 2020-25 regarding garnishment and wage deductions (previously covered here) and Executive Order 2020-30 regarding residential evictions (previously covered here and here). However, Executive Order 2020-30 has been amended to provide that the moratorium on the enforcement of eviction orders for residential premises does not relieve an individual of the obligation to pay rent, make mortgage payments, or comply with any other obligation that the individual may have pursuant to a lease, rental agreement, or mortgage.
D.C. enacts law extending obligations for debt collection, credit reporting, mortgage servicing, and evictions during the Covid-19 pandemic
On August 19, the mayor of D.C. signed the Coronavirus Support Second Congressional Review Emergency Act of 2020. The act extends the provisions of D.C.’s prior Covid-19 relief act (previously covered here), which was set to expire after 90 days, until November 16. Among other things, the act includes consumer protection provisions, including provisions regarding debt collection and credit reporting. It also provides housing and tenant protections, including in the areas of mortgage relief, restrictions on evictions, and foreclosures.
Kansas issues executive order temporarily prohibiting certain foreclosures and evictions
On August 17, the Kansas governor issued Executive Order No. 20-61, which imposes restrictions on foreclosures and evictions. Banks and lending entities are prohibited from foreclosing on residential properties in Kansas where all defaults or violations of the mortgage are substantially caused by a financial hardship resulting from the Covid-19 pandemic, subject to certain exemptions. Landlords are similarly prohibited from evicting a residential tenant when all defaults or violations of the rental agreement are substantially caused by a financial hardship resulting from the pandemic. Banks, financial lending entities, or landlords initiating judicial foreclosure or eviction proceedings after August 17, 2020, bear the burden of pleading and proving that the foreclosure or eviction is not solely based on defaults or violations resulting from financial hardships resulting from the pandemic. The order does not apply to foreclosures initiated by the U.S. government.