CDC Eviction Moratorium Order Guidance (updated 10.16.20)
10.19.20 UPDATE
10.16.20 UPDATE
Important Update Regarding Centers for Disease Control Eviction Moratorium
On Wednesday (October 14, 2020) the Arizona Supreme Court released Administrative Order 2020-163 clearly allowing property owners to file eviction actions and even allowing property owners to obtain judgments in non-payment of rent cases even if a residents has provided CDC declaration to the owner. This new Administrative Order comes on the heels of the Centers for Disease Control and Prevention (“CDC”) releasing Frequently Asked Questions clearly allowing for states to administer and property owners to file eviction actions even when a CDC declaration has been filed.
What this means for rental property owners and managers:
- Property owners can file eviction actions (including those for nonpayment of rent cases) even when residents have provided a CDC declaration.
- Property Owners can challenge any CDC declaration that they have received from their resident.
- If a judgement is granted and a resident has completed a CDC declaration, then the execution of the writ of restitution will be delayed until the expiration of the CDC order (after December 31, 2020)
Most importantly:
- We advise all AMA members to consult with their legal counsel prior to making these determines or updating your policy.
- Property owners may challenge the CDC declaration in limited circumstances; however, we strongly advise all AMA members to consult with their legal counsel if and when challenging any CDC declaration provided by a resident.
- When challenging a CDC declaration, DO NOT demand or otherwise give the appearance that any information that you are requesting from a resident is required. Residents are not required to provide any supporting documentation that a rental owner may request.
- Be sure to present your legal counsel with any CDC declaration that was filed. While the new CDC guidance allows for the processing of evictions, the CDC order does prohibit the actual removal of the resident (writ of restitution) if a CDC declaration was filed.
- Remember any violation of the CDC order (in this case the execution of the writ when a CDC declaration has been filed) could result in severe criminal penalties including a $500,000 fine and up to one year in prison.
9.4.20 UPDATE
The U.S. Centers for Disease Control and Prevention (CDC), at the direction of the President, filed an order in the Federal Register yesterday to temporarily halt residential evictions to prevent the further spread of COVID-19. All rental housing owners should prepare for the order to go into effect Friday, September 4. The CDC order will bar evictions of renters in residential housing until December 31, 2020. AMA has put together a summary of the CDC order as well as a resident affidavit form for your residents. AMA recommends that all companies implement new policies and procedures for approval of all evictions as any person or organization that violates the CDC order may be subject to up to $500,000 in fines per violation and/or jail time.
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