Landlords Returned To Pre-COVID Business As Usual Even Though COVID Hasn’t Returned to “Pre-COVID” Status

LEGAL NEWS by KEVIN KNIGHT

Two very recent decisions by the U.S. Supreme Court are going to have a huge impact on tenants paying rent and landlords being able to evict. This article will review the cases of Chrysafis v Marks and Alabama Association of ReaLtors v Dept of Health and Human Services.

By: Kevin Knight

THE ULTIMATE RULINGS:

CHRYSAFIS V MARKS: In this case, the plaintiff sought an injunction from the enforcement of Part A of the Covid Emergency Eviction and Foreclosure Prevention Act (CEEFPA). The court noted that part A of CEEFPA generally allows a tenant to “self certify” that they have a financial hardship and the landlord can’t contest it. The Court found that this violates the rule that “no many can be a judge in his own case.” As such, the Court granted the injunction but also noted that there is a Tenant Safe Harbor Act (“TSHA”) which allows tenants to raise a Covid related

hardship defense to an eviction.

ALABAMA ASSOCIATION OF REALTORS V DEPT OF

HEALTH AND HUMAN SERVICES: In this case, the

realtors sought to “vacate” the “stay” imposed on eviction proceedings related to nonpayment of rent. The Department argued that the Center for Disease Control had reimposed the moratorium on evictions for properties participating in federal assistance programs or subject to federally backed loans. The US Supreme Court determined that the stay was no longer justified under the traditional “four factor test.” The Court also stated that if the moratorium was going to continue, it would take an “Act of Congress”……so the clock is now ticking and the question will be whether there is an Act of Congress that is going to reinstate the

moratorium.

CONCLUSION: these two opinions are going to have far ranging implications for landlords seeking to evict tenants all over the country for nonpayment. Both sides will draw similarities and distinctions to the cases in an effort to

either have the cases apply or be determined as being not applicable.