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All Consuming - Financial Litigation Insights, Volume 2, Issue 18 | Spilman Thomas & Battle, PLLC - JDSupra - JD Supra

Why the Overturned Eviction Moratorium May be Too Little, Too Late for Both Renters, Landlords -

"However, the ruling doesn’t mean renters in states without protections will be immediately removed from their homes — an outcome that appears all but certain to prolong the pain for 'mom and pop' landlords struggling with mounting costs, some of whom haven’t been paid by tenants in over a year."

Why this is important: The Court's recent decision found that the Centers for Disease Control and Prevention lacks authority under federal law to impose an eviction ban (previously set to expire on October 3) and that Congress, rather than the CDC, must specifically authorize an eviction policy.

Housing advocacy groups point out that some states have policies in place to protect renters and, even in those states without protections, renters may not be immediately removed from their homes, an indication that may prolong the pain for “mom and pop” landlords struggling with mounting costs, some of whom have not been paid by tenants in more than a year. Already backlogged courts, federal aid, and state protections will help the estimated 11.4 million renters behind on their rent stay in place for some time. Many independent property owners have been plagued by rising costs associated with taxes, insurance, utilities and maintenance, even as tenants have received government lifelines, and are having to sell their properties or spend their limited funds to evict tenants with little or no chance of recovering lost rent payments.

Please see full Newsletter below for more information.