CDC Lawsuit Update/Chief Justice Correspondence

AANC News,

The CDC filed their responsive pleading to the Brown v. Azar Case last Friday. In their response, the CDC stated the order does not deny housing providers from access to the courts via eviction hearings. They also highlighted 3 notable takeaways that affirm AANC's interpretation of the order.

  1. The order does permit evictions for various issues not related to non-payment.
  2. The order does not prohibit landlords from contesting a declaration in court.
  3. The declaration itself does not bar a landlord from pursuing eviction proceedings and receiving a judgment of possession so long as the actual removal of the tenant is schedule after 12/31/2020.

In light of the CDC’s response, AANC has shared the CDC’s response and anecdotes of the inconsistent court experiences our members have had since the order went into effect with Chief Justice Beasley and her staff.

At the Federal level, NAA is seeking clarification not only for the CDC order, but for the notice to vacate requirement in section 424 of the CARES Act. There is still a disagreement about whether the notice to vacate requirement expires 30 days after the 120 day moratorium or if it is an indefinite practice. They are pushing for these clarifications to show up in the next COVID relief bill. Negotiations for the next relief packaged stalled at the request of the President who would like the senate to focus on confirming the next supreme Court Justice.