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Colorado extends executive order relating to evictions
On August 10, Colorado issued Executive Order D 2020 162, which extends Executive Order D 2020 101, as amended and extended by Executive Order D 2020 134 (previously covered here). These executive orders limit evictions for certain tenants in order to provide relief from effects of the Covid-19 pandemic. Executive Order D 2020 101 is set to expire on September 9, unless otherwise extended.
Nevada governor signs bill allowing for alternative dispute resolutions for certain rental eviction cases
On August 7, the Nevada governor signed Senate Bill 1, which allows alternative dispute resolutions for rental eviction cases. The bill authorized Nevada’s Supreme Court, justice courts, and district courts to establish rules for an expedited program of alternative dispute resolution for evictions for housing programs operated by a public housing agency. An eviction proceeding subject to the bill may be stayed for no more than 30 days to facilitate the alternative dispute resolution program.
Virginia Supreme Court grants temporary statewide moratorium on evictions
On August 7, the Virginia Supreme Court, at the request of the governor, granted a temporary statewide moratorium on eviction proceedings in Virginia. The order suspends the issuance of writs of eviction pursuant to unlawful detainer actions, unless such writs are unrelated to a failure to pay rent. The moratorium is effective through September 7.
FHFA announces that multifamily property owners in forbearance must inform tenants of tenant protections
On August 6, the Federal Housing Finance Agency (FHFA) announced that multifamily property owners with mortgages backed by Fannie Mae or Freddie Mac (the Enterprises) who enter into a new or modified forbearance agreement must inform tenants in writing about tenant protections during the multifamily property owner's forbearance and repayment periods. Landlords with Enterprise-backed mortgages can enter new, or if qualified, modified forbearance if they experienced or continue to experience a financial hardship due to the Covid-19 emergency. While in forbearance, the property owners must agree not to evict tenants solely for the nonpayment of rent. The announcement notes that the Enterprises are modifying online multifamily property loan look-up tools to make it easier for tenants to find the tenant protections and to find out if the multifamily property in which they reside has an Enterprise-backed mortgage.
Washington governor issues proclamation further extending eviction relief
On July 24, the Washington governor issued Proclamation 20-19.3, which amends and extends earlier proclamations regarding evictions and related housing practices. Specifically, Proclamations 20-05 and 20-19 (previously covered here), and any subsequent orders, are amended and extended to temporarily prohibit residential evictions and impose related restrictions. Continuing through October 15, 2020, landlords, property owners, and property managers of residential dwellings and commercial rental properties in Washington may not, among other things, evict a tenant, assess certain fees, or increase the rate of rent or the amount of any deposit, except in certain limited circumstances.
Illinois reissues and extends several Covid-19 executive orders
On July 24, the Illinois governor issued Executive Order 2020-48, which extends several earlier executive orders through August 22, 2020. Among others, 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).
Texas Supreme Court orders CARES Act certifications in eviction proceedings
On July 21, the Texas Supreme Court issued an order requiring landlords initiating eviction proceeds to issue a sworn statement describing whether the premises at issue is subject to the CARES Act moratorium on evictions, and whether the landlord has provided the defendant with 30 days’ notice to vacate as required by the CARES Act. The order applies to eviction proceedings filed through August 24.
Massachusetts governor extends pause on evictions and foreclosures
On July 21, the Massachusetts governor extended a moratorium on evictions and foreclosures for an additional 60 days, until October 17, 2020. The moratorium was established through legislation enacted in April and previously covered here. The moratorium applies to most residential and small business commercial evictions, as well as residential foreclosures. The statement announcing the extension also notes the recent launch of a $20 million, statewide fund to assist low-income households and support landlords. An additional $18 million is available through the Residential Assistance for Families in Transition homeless prevention program for rent or mortgage payments.
Colorado amends and extends executive order relating to evictions
On July 12, the Colorado governor issued Executive Order 2020 134, which amends and extends Executive Order 2020 101, which imposed limitations on certain evictions to provide relief to tenants affected by Covid-19. Among other changes, the amendments require landlords to provide tenants with 30 days’ notice of any default for nonpayment of rent occurring on or after March 10, during which time the tenant has a one-time opportunity to cure the default. Municipalities and other local jurisdictions are encouraged to suspend limitations on, among other things, the number of unrelated persons that can live in a single household to enable homeowners to provide rooms to those in need of housing. Executive Order 2020 101 is extended until 30 days from July 12, 2020, unless otherwise extended.
Minnesota issues executive order modifying suspensions of evictions and writs of recovery and requesting foreclosure moratorium
On July 14, the Minnesota governor issued Executive Order 20-79, which modifies the previous suspension of evictions and writs of recovery during the Covid-19 emergency. Among other things, the order limits the ability of property owners, mortgage holders, and others to file an eviction action, including for failure to pay rent or material violation of the lease, subject to certain exceptions. Further, the executive order limits residential landlords’ ability to terminate residential leases during the Covid-19 emergency. Officers must also cease executing writs of recovery of premises, subject to certain exceptions. Financial institutions holding home mortgages are requested to implement an immediate moratorium on all pending and future foreclosures arising from a substantial decrease in income or substantial out of pocket medical expenses caused by the Covid-19 pandemic, or any local, state, or federal governmental response to Covid-19. Financial institutions are also strongly urged not to impose late fees or other penalties for late mortgage payments related to the Covid-19 pandemic. The provisions of the executive order take effect on August 4, 2020, when Executive Order 20-73 (previously covered here) and Executive Order 20-14 (previously covered here) are rescinded.