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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.
Pennsylvania governor issues order staying certain foreclosure and eviction actions
On July 9, the Pennsylvania governor issued an order staying requirements for certain actions related to the dispossession of property. The order stays notice requirements under Act 6 and Act 91 for the initiation of foreclosure actions between July 10 and August 31. The order also stays notice requirements under the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act for the same period. These suspensions only apply to matters involving nonpayment and proceedings related to the removal of tenants who have held over or exceeded the term of the lease, and do not apply to requirements relating to evictions for other breaches. Further, the order does not apply in certain instances set forth therein, including for federally-backed loans for which the moratorium on foreclosures and evictions has been extended until August 31, 2020, by the VA, USDA, FHA, and FHFA.
Arizona Supreme Court requires CARES Act attestations in eviction proceedings
On July 7, the Arizona Supreme Court issued Administrative Order No. 2020-105 regarding the disposition of residential eviction cases during the Covid-19 public health emergency. Among other things, the order requires any complaint seeking eviction for non-payment of rent for any part of the period between March 27 and July 25, 2020 to include an attestation by the plaintiff that the property in which the tenant resides is not covered by the CARES Act.
Delaware announces joint effort on foreclosure and eviction prevention
On July 1, Delaware Governor Carney, Attorney General Jennings, the Delaware State Housing Authority, and the chief magistrate of the justice of the peace court announced a joint effort on foreclosure and eviction prevention to support homeowners and renters financially impacted by the Covid-19 shutdown. The foreclosure prevention effort will focus on: (i) educating Delaware homeowners at risk of losing their homes to foreclosure as a result of Covid-19, (ii) increasing the capacity of Delaware’s HUD-approved housing counseling nonprofit agencies, and (iii) providing timely financial assistance tools for homeowners at risk of foreclosure due to Covid-19. The eviction prevention effort will focus on: (i) educating Delaware renters at risk of eviction due to Covid-19, (ii) funding the state’s legal aid organizations that offer legal services for unrepresented tenants facing eviction, (iii) facilitating an alternative dispute resolution program to encourage solutions to avoid eviction, and (iv) reopening applications for the Delaware Housing Assistance Program. The statement follows a recent order issued by the governor, previously covered here, that modifies previous relief relating to evictions, foreclosures, and insurance.
Oregon extends moratorium on evictions, creates rent payment grace period
On June 30, Oregon enacted legislation that prohibits residential and commercial evictions based on nonpayment of rent during an “emergency period,” which extends from April 1 until September 30, 2020. The law also creates a six month grace period for tenants to make outstanding rental payments accrued during the emergency period. Tenants cannot be evicted during the grace period for failure to repay rent accrued during the emergency period, but tenants must make rental payments going forward. Prior to enactment of the legislation, the Oregon governor created a moratorium on eviction using an executive order.
Delaware governor issues order modifying relief relating to evictions, foreclosures, and insurance
On June 30, the Delaware governor issued an order that modifies previous relief relating to evictions, foreclosures, and insurance. Specifically, the declaration lifts the stay on residential mortgage foreclosure actions commenced prior to the state of emergency. However, subject to certain exceptions, individuals may not be removed from the residential properties as a result of a mortgage foreclosure process while the order is in effect. Further, actions for summary possession may be filed for residential units in Delaware, but must be stayed pending a determination of whether the parties would benefit from participating in court supervised mediation or alternative dispute resolution. During the eviction process, subject to certain exceptions, individuals may not be removed from the residential properties. Finally, beginning July 1, 2020, every insurer is required to provide a 90-day payment plan for certain individual policyholders and business policyholders impacted by the Covid-19 state of emergency.
California governor issues executive order extending previous relief orders
On June 30, the California governor signed Executive Order N-71-20 (previously discussed here), which extends authorization for local governments to halt evictions for renters impacted by the Covid-19 pandemic through September 30. Among other things, the executive order also extends the deadlines in connection with certain licenses, including real estate licenses, which we previously covered here.
Michigan governor extends eviction moratorium and creates Eviction Diversion Program
On June 26, the Michigan governor issued Executive Order 2020-134, which extends the temporary suspension of evictions, previously covered here and here, until July 15. The order also creates the “Eviction Diversion Program” through which qualified renters who fail to make required payments during the Covid-19 pandemic can obtain rental assistance. The order “strongly” encourages Michigan landlords to take advantage of Covid-19 housing debt remedies, instead of pursuing eviction or foreclosure after July 15.
Illinois reissues and extends several Covid-19 executive orders
On June 26, the Illinois governor issued Executive Order 2020-44, which reissues several executive orders issued to date, and extends a majority of the provisions therein through July 26, 2020. Among other things, the executive order extends Executive Order 2020-30, previously covered here, which prohibits residential evictions, subject to certain limited exceptions, through July 26.
Nevada governor issues Emergency Directive to assist landlords and tenants impacted by Covid-19
On June 25, the Nevada governor issued Emergency Directive 025 to assist landlords and tenants in Nevada that have been directly or indirectly impacted by the economic environment caused by Covid-19. The directive, among other things: (i) strongly encourages the use of form Lease Addendum/Promissory Note for Rental Arrearages Due to COVID-19, to cure rental payment defaults of the original lease agreement, whether written or oral; (ii) strongly encourages landlords and tenants to enter into a voluntary repayment agreement for defaults in rental payments related to COVID-19; (iii) orders landlords to cease any eviction proceeds in a repayment agreement is entered into; (iv) authorizes limited residential summary eviction actions as outlined in the directive; (v) clarifies that the prohibition on charging late payment fees or penalties for nonpayment under the terms of a lease or rental agreement will terminate on August 31, 2020, but cannot be applied retroactively to late rental payments due between March 30 and August 31; and (vi) authorizes unlawful detainer actions for other than commercial tenancies as set forth in the directive. The Executive Department also issued General FAQs, Residential Landlord FAQs, Residential Tenant FAQs, and Commercial FAQs for the Directive.