Federal Judge Tosses CDC Eviction Ban

A federal court on Wednesday tossed the Centers for Disease Control and Prevention’s ban on evicting tenants who do not pay their rent during the Covid-19 pandemic, saying the health agency lacks the authority to issue such a moratorium. The U.S. Department of Justice announced it would appeal the decision. In a suit filed by the Alabama and Georgia Associations of Realtors and others, the U.S. District Court for the District of Columbia found that “the plain language of the Public Health Service Act … unambiguously forecloses the nationwide eviction moratorium.” “The Court recognizes that the COVID-19 pandemic is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation as a whole,” Judge…

Feds Remind Landlords Of Eviction Ban

By Jim Perskie The federal government on Monday sent letters to the nation’s largest apartment landlords warning them to honor federal rules preventing renters from being evicted for non-payment of rent during the pandemic. The Consumer Financial Protection Bureau and Federal Trade Commission reminded landlords that the temporary moratorium on evictions is in place through the end of June. “Landlords should ensure that FDCPA-covered debt collectors working on their behalf, which may include attorneys, notify tenants of their rights under federal law. Nearly nine million households are at risk of eviction due to the economic effects of COVID-19, but no one should lose their home without understanding their rights,” CFPB Acting Director Dave Uejio said. “We will hold accountable debt…

CFPB: Evictions Could ‘Literally Be A Death Sentence’

The Consumer Financial Protection Bureau on Monday moved to beef up the federal eviction moratorium by requiring debt collectors to provide written notice to renters of their rights – and bars debt collectors from misrepresenting tenants’ protection from eviction. The Centers for Disease Control issued the eviction moratorium in an effort to reduce the spread of Covid-19 during the pandemic. Debt collectors who evict tenants could be prosecuted and be exposed to lawsuits by those they evicted, the CFPB said. “With COVID-19 killing hundreds of Americans every day, kicking families out into the street during this pandemic may literally be a death sentence,” CFPB Acting Director Dave Uejio said. “No one should be evicted from their home without understanding their…

Eviction Bans Challenging Renters, Landlords

By Elise Daniel Last year was the year without evictions and 2021 may be shaping up similarly. The Centers for Disease Control and Prevention recently extended their eviction moratorium, which bans landlords from kicking out tenants who fail to make rent payments.  The ban is creating a situation that will present short term problems for landlords and have long-term impacts on the quality of the American housing supply. Already struggling to make ends meet, landlords should be prepared to face several months of additional eviction moratoriums and the prospect of tenants owing tens of thousands of dollars in back rent. Originally enacted in March 2020 as a public health measure to prevent overcrowding in shelters, the moratorium was successful in pushing evictions to historic lows. However,…

CDC Extends Eviction Ban As Feds Warn Landlords

The Consumer Financial Protection Bureau and the Federal Trade Commission on Monday issued a warning to landlords to “stop illegal evictions” during the Covid-19 pandemic. The statement was issued as the Centers for Disease Control and Prevention extended its eviction moratorium, banning landlords from kicking tenants out for being unable to make their rental payments. “Staff at both agencies will be monitoring and investigating eviction practices, particularly by major multistate landlords, eviction management services, and private equity firms, to ensure that they are complying with the law,” CFPB Acting Director Dave Uejio and FTC Acting Chairwoman Rebecca Slaughter said. “Evicting tenants in violation of the CDC, state, or local moratoria, or evicting or threatening to evict them without apprising them of…

HUD Extends Eviction, Foreclosure Bans

The Biden Administration announced Tuesday that it will extend the Federal Housing Administration’s foreclosure and eviction moratoriums into the summer, while also extending mortgage forbearance options. The ban on foreclosure and evictions will be in place through June 30, the Department of Housing and Urban Development announced. The Office of Public and Indian Housing also is planning to announce similar relief for Native American and Native Hawaiian homeowners. “As President Biden has made clear, it is urgent that we help homeowners throughout the nation who are struggling financially from this unprecedented national emergency,” Acting HUD Secretary Matthew Ammon said. “The steps we are taking today will provide both immediate relief to those in desperate need of assistance and help more…

FHFA Extends Foreclosure, Eviction Ban

The Federal Housing Finance Agency announced that Fannie Mae and Freddie Mac are extending the moratoriums on single-family foreclosures and real estate owned evictions until March 31. They had been set to expire February 28. Originally enacted last year to protect homeowners during the Covid pandemic, the moratorium applies to Fannie and Freddie-backed, single-family mortgages only. The REO eviction moratorium applies to properties that have been acquired by Fannie and Freddie through foreclosure or deed-in-lieu of foreclosure transactions. “To keep families in their home during the pandemic, FHFA is allowing borrowers to be in COVID-19 forbearance for up to 15 months and extending the Enterprises’ foreclosure and eviction extension,” said Director Mark Calabria. FHFA announced it projects expenses of $1.5…

Fannie, Freddie Extend Foreclosure Ban

Another month of security. The Federal Housing Finance Agency announced Wednesday that Fannie Mae and Freddie Mac will extend the moratoriums on single-family foreclosures and real estate owned evictions until at least January 31. Originally enacted earlier this year to protect homeowners during the Covid pandemic, the moratorium applies to Fannie and Freddie-backed, single-family mortgages only. The REO eviction moratorium applies to properties that have been acquired by Fannie and Freddie through foreclosure or deed-in-lieu of foreclosure transactions. “Extending Fannie Mae and Freddie Mac’s foreclosure and eviction moratoriums through January 2021 keeps borrowers safe during the pandemic,” Director Mark Calabria said. “This extension gives peace of mind to the more than 28 million homeowners with an Enterprise-backed mortgage.” FHFA projects…

NAHB Seeks To Block CDC Eviction Ban

The National Association of Home Builders has filed suit in federal court challenging the Centers for Disease Control and Prevention’s order that bans residential evictions through the end of the year to prevent the spread of Covid-19. The CDC order, issued in September under the Public Health Service Act, covers renters of apartments or residential properties – but does not include a ban on foreclosures on home mortgages. It requires renters to certify to landlords that they would become homeless or forced to live with others “in close quarters” if they were to be evicted. NAHB objects to the order because it provides “no relief for landlords who must continue to pay bills, maintain the units and pay their employees…

CDC Issues Ban On Evictions

The Centers for Disease Control and Prevention issued a public health order Tuesday that bans residential evictions through the end of the year to prevent the spread of Covid-19. The CDC order, issued under the Public Health Service Act, covers renters of apartments or residential properties – but does not include a ban on foreclosures on home mortgages. It requires renters to certify to landlords that they would become homeless or forced to live with others “in close quarters” if they were to be evicted.  “In the context of a pandemic, eviction moratoria—like quarantine, isolation, and social distancing—can be an effective public health measure utilized to prevent the spread of communicable disease,” the CDC said in the order posted in the…