Scott Law Firm Blawg

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  • Supreme Court strikes down eviction moratorium - On Aug. 26, 2021, the U.S. Supreme Court struck down the current moratorium on evictions for nonpayment of rent that was issued by the Centers for Disease Control (CDC) on Aug. 3, 2021 and that was to continue through Oct. 3, 2021 As a result, landlords and property managers who have an existing judgment for possession of leased premises where the tenants have submitted a CDC moratorium declaration can ask their attorneys to request that an execution for possession be issued by the court for enforcement by the sheriff. The basis of the Supreme Court’s decision was that the CDC… Read more.
  • CDC extends eviction moratorium to Oct. 3 - On August 3, 2021 the Centers for Disease Control (CDC) issued a new eviction moratorium order that prohibits evictions for nonpayment of rent through Oct. 3, 2021 in counties that have a "high" or "substantial" rate of transmission of Covid-19. Boone County will be subject to this new moratorium because the CDC's Covid Data Tracker shows that the county currently has a "high" transmission rate. Boone County would no longer be subject to the new moratorium if it experienced a 14-day period of "moderate" or "low" transmission of Covid, but would again become subject to the moratorium if the transmission… Read more.
  • CDC eviction moratorium extended to July 31 - The Centers for Disease Control (CDC) announced on June 24 that it is extending its moratorium on evictions for nonpayment of rent through July 31. The moratorium previously had been scheduled to end June 30. Landlords and property managers should keep in mind the following points: If there is already a judgment for possession of premises in place, the first day an execution can be requested is now August 1. Eviction cases for nonpayment of rent can be filed before July 31 with the understanding that August 1 would be the first date that an execution for possession could be… Read more.
  • CDC eviction moratorium extended to June 30, 2021 - On March 29, 2021 the federal Centers for Disease Control and Prevention (CDC) issued an order that extends through June 30, 2021 the moratorium on evictions for nonpayment of rent. The moratorium previously was scheduled to expire on March 31, 2021. The new CDC order continues to allow evictions for reasons other than nonpayment of rent, including criminal activity on the leased premises, lease violations and lease expirations. The order includes the following minor modifications to the prior moratoria: A tenant-signed declaration under a previous order remains valid. No new declaration is required. A tenant may not be evicted for… Read more.
  • CDC extends eviction moratorium - On Jan. 20, at the request of  President Joe Biden, the Centers for Disease Control (CDC) extended its eviction moratorium through March 31 without any substantive changes. However, it has been reported that the incoming CDC director will consider making substantive changes to the moratorium after receiving input from the rental housing industry and renters' rights activists. It appears the timing of the moratorium extension is intended to allow time for Congress to consider another Covid stimulus package proposed by the Biden Administration. On Jan. 14, President Biden proposed an eviction moratorium extension through Sept. 30 as part of his… Read more.
  • Missouri establishes emergency rental arrears program (ERAP) - The Missouri Housing Development Commission (MHDC) has announced the launch of the Missouri Emergency Rental Arrears Program (ERAP). The program is intended to provide relief to property owners and tenants impacted by COVID-19 and prevent eviction of tenants for non-payment of rent. It will use funds provided by the federal pandemic relief law enacted in December. ERAP will offer assistance in the form of a one-time payment for up to six (6) months of past-due rent dating back to April 1, 2020, directly to landlords on behalf of qualified tenants.  In exchange for this payment, landlords must agree not to… Read more.
  • New federal law extends eviction moratorium and provides rental assistance - On Dec. 27, President Trump signed the Consolidated Appropriations Act of 2021 that was passed by Congress on Dec. 21. The law includes the first coronavirus relief package since the CARES Act last March. The new law includes two major provisions affecting landlords and property managers: The CDC moratorium on evictions for nonpayment of rent that was to expire Dec. 31, 2020 has been extended to Jan. 31, 2020. $25 billion was allocated for dedicated rental assistance. Regarding the eviction moratorium, our local court will deny issuance of eviction orders to the sheriff for nonpayment of rent until after Jan.… Read more.
  • Court changes docket schedule for landlord-tenant cases - Effective in January 2021, the Boone County Circuit Court is changing the docket schedule for landlord-tenant cases. Beginning Jan. 7, initial appearances and trials in landlord-tenant cases will take place on Thursday mornings and afternoons. Formerly most initial appearances and trials took place only on Monday mornings. The change is designed to allow more time to hear the growing number of landlord-tenant cases. Associate Circuit Judge Tracy Gonzalez will continue to be the primary judge assigned to hear landlord-tenant cases. Read more.
  • CDC orders delay of evictions for nonpayment of rent - Published Sept. 2, 2020. Updated Sept. 3, 2020 to include "Practical tips for landlords." Updated Sept. 4, 2020 to include guidance document from National Apartment Association under "Practical tips for landlords." Updated Sept. 23, 2020 to include our local court's response under "Practical tips for landlords." Updated Nov. 13, 2020 to reflect CDC's clarification of its order. Contents: Introduction How tenants can qualify for delayed eviction Penalties for violations by landlords Rationale for order Practical tips for landlords Commentary Introduction On September 1, 2020, the Centers for Disease Control (CDC), acting under statutory authority to prevent the spread of disease,… Read more.
  • Tenant bankruptcy information for landlords and property managers - Contents Preliminary notes Types of bankruptcies Automatic "stay" Debts that are discharged Tenant options to reject or assume lease Preliminary notes The following information applies to bankruptcies filed by residential tenants. There are additional issues to be considered if a bankruptcy is filed by a commercial tenant - consultation with an experienced bankruptcy attorney is recommended. We thank Casey Elliott, a bankruptcy practitioner at the Van Matre Law Firm, for her review of the following information to ensure accuracy. Types of bankruptcies There are two types of bankruptcies that can be filed by tenants: Chapter 7 - This is a… Read more.

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