Important CDC Eviction Moratorium Update
In breaking news, the Centers for Disease Control and Prevention (“CDC”) released an Order re-instating a temporary halt in residential evictions. The CDC Order is effective August 3, 2021 and will remain in effect through October 3, 2021, subject to revision based on the changing public health landscape. Click here to read the full Order. This Order applies in U.S. counties experiencing substantial and high levels of community transmission levels of SARS-CoV-2 as defined by CDC, as of August 3, 2021. If a U.S. county that is not covered by this Order as of August 3, 2021 later experiences substantial or high levels of community transmission while this Order is in effect, then that county will become subject to this Order as of the date the county begins experiencing substantial or high levels of community transmission. If a U.S. county that is covered by this Order no longer experiences substantial or high levels of community transmission for 14 consecutive days, then this Order will no longer apply in that county, unless and until the county again experiences substantial or high levels of community transmission while this Order is in effect. This Order does not apply in any state, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order or to the extent its application is prohibited by Federal court order. Click here for the CDC map of county level data for monitoring COVID-19
Read moreExpiration of CDC Eviction Moratorium
The Centers for Disease Control and Prevention (“CDC”), imposed an eviction moratorium for residential tenants. On July 31, 2021, the CDC eviction moratorium expired. Therefore, prior to filing an eviction, landlords/owners will no longer need to allege within the eviction complaint that the eviction complies with the CDC eviction moratorium. However, as applicable to Minnesota, the CDC eviction moratorium was less restrictive than the eviction requirements imposed by Minnesota Emergency Executive Orders, which precluded most residential evictions in Minnesota. While the Minnesota Emergency Executive Orders have been rescinded, a statutory phaseout of the Minnesota eviction moratorium is in effect. (Click here to review Lindsay Cremona’s recent article outlining the phaseout of the Minnesota eviction moratorium). Therefore, while the CDC eviction moratorium is no longer in place, landlords/owners in Minnesota still need to ensure that any eviction proceeding complies with the Minnesota eviction moratorium phaseout.
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